Amendment status not verified — confirm the current text below against the official source.
Ins by Act 18 of 2008 82 ] Bihar Co-operative Societies Act, 1935 [ Secs. 66A-66B Comments & Case-law [Normally the "Jalkars" should be settled with the Co-operative society in whose area of operation the "Jalkar" lies and the settlement may be made with any other Society only if the expediency of the situation so requires. A Co-operative society, which is a defaulter of Government dues, is not entitled to be given preference in the matter of settlement of sairats over other individuals. Daudpur Fishermen Co-op. Societies Ltd. v. State, 1981 BRLJ 229: AIR 1981 Pat. 294. An Act beyond the object mentioned in the memorandum is ultra vires. But if the act done is fairly incidental, reasonably ancillary to its main business, conductive to the statement of objects, unless such an-act is expressly prohibited, it cannot be held to be ultra vires. The acquiring of land for cultivation and procuring good quality seeds by a Society carrying on business of distribution of seeds to agriculturists is not prohibited by bye-laws. Gajadhar Prasad Choudhary v. State of Bihar, AIR 1984 Pat. 105. Rules have the status of subsidiary legislation or delegated legislation. Byelaws of a co- operative society, on the other hand, can at best have the status of an Article of a Company governed by the Companies Act, 1959. B.K.k Gard v. Nasik Merchants Co-op. Bank, Al R 1984 SC 192. If there are two sets of Rules regulating the conditions of service of employees of Co- operative Societies the regulations framed under power conferred by the Act approved by the State Government shall prevail. Om Prakash Maurya v. U.P. Sugar Factories Federation, AIR 1986 SC 1984. Where an employee continues in post after completion of maximum period of probation provided under regulations, he stands confirmed. Therefore his reversion to lower post by treating him as on probation is not legal. ibid.] '[66A. Fixation of proportion of Co-operative Loans for schedule castes, scheduled tribes, small farme.rs, marginal farmers and other weaker sections of the community.- Subject to such directions as may be issued by the Reserve Bank of India, the primary agricultural co-operative societies shall during a co-operative year disburse to scheduled castes/scheduled tribes, small and marginal farmers and other weaker sections of the community, such proportion of their total lending as may be laid down by Registrar, Co- operative Societies from time to time having regard to the class of societies, the strength of membership of persons belonging to above classes. Said societies shall maintain separate account in respect of their lending to the aforesaid classes in a manner to be prescribed by the Registrar. [·66B. Personnel policy of Co-operative Societies.-{1) Co-operative Societies shall have autonomy in the formulation of the types of posts, their numbers and the procedure for recruitment of the personnel thereof. The Co-operative Society can frame personnel policy, for this purpose. Subject to provisions of its Bye-laws and personnel policy the Co-operative Society shall prescribe for the following, among others:- (1) eligibility, age and experience, (2) pay scale and other emoluments, (3) procedure of recruitment, (4) service condition, and