Amendment status not verified — confirm the current text below against the official source.
Amendment in Section- 14 of the Act VI, 1935. —In the said Act following amendment shall be made, namely - (1) The proviso to sub-section (2) of Section-14 shall be substituted by the following, namely provisos:- “Provided that there shall be reservation of two seats for the Scheduled Castes or the Scheduled Tribes, two seats for the Backward Classes and two seats for the Extremely Backward Classes on the Board of every Co-operative Society: Provided further that for the purpose of reservation of seats as in the above proviso, the State Government may, by general or special order, exclude the Board of societies or class of societies not consisting of individuals as members or not having members from above categories of reservation: Provided further that the total number of seats so reserved shall not exceed fifty percent of the total number of seats: Provided further also that as nearly as but not exceeding fifty percent of the total number of seats so reserved shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes, the Backward Classes and the Extremely Backward Classes, as the case may be: Provided further also that as nearly as but not exceeding fifty percent of the total number of seats not reserved above for the Scheduled Castes or the Scheduled Tribes, the Backward Classes and the Extremely Backward Classes shall be reserved for women: Provided further also that the total number of seats so reserved for women shall not be less than two. The seats so reserved shall be filled up from amongst the members of Scheduled Castes or Scheduled Tribes, Backward and Extremely Backward Classes and women either by election or/and by co-option. This provision shall apply to all societies from the Primary Society and up to the Apex societies: Provided further also that such reservation in Primary Society and up to the Apex Society shall be governed by the rules made under this Act for this purpose.” (2) Sub-section (4) shall be renumbered as (4) (a) (3) A new sub-section (4) (b) shall be added after sub-section (4) (a) as follows, namely: - “(4)(b) Notwithstanding anything contained in any provision of this Act, or rules framed there under or the Bye-laws of any Co-operative Society, persons having experience in the field of banking, management, finance or specialization in any other field relating to the objects and activities undertaken by the Co-operative Society may be co-opted to the Board of the Society; Provided that the number of such co-opted members shall not exceed two and that number shall be in addition to the specified maximum number prescribed in the sub-section (2.); 12 बहार गजट (असाधारण), 22 मई 2013 Provided further that such co-opted members shall not have the right to vote in any election of the Co-operative Society in their capacity as such members or to be eligible to be elected as Office-bearers of the Board. Provided further also that the Functional Directors of a Co-operative Society shall also be the members of the Board and such members shall be excluded for the purpose of counting the total number of Directors specified in the sub-section (2.)” (4) Sub-section (9) shall be substituted by the following, namely:- “(9) Notwithstanding anything contained in any provision of rules or the Bye-laws of any Co-operative Society the term of office of elected members of the Board and its Office-bearers shall be five years from the date of election and the term of Office-bearers shall be co-terminus with the term of the Board: Provided that the Board may fill a casual vacancy on the Board by nomination out of the same class of members in respect of which the casual vacancy has arisen, if the term of the Board is less than half of its original term; Provided further that if the term of the Board remains for more than half of its original term and if any vacancy arises for elected members or Office-bearers for any reason whatsoever, the Bihar State Election Authority shall fill the vacancy for remaining period by holding bye-election.” (5) Sub-section (10) shall be substituted by the following, namely:- “(10) If for any reason Bihar State Election Authority has failed to conduct the election of the Board in any Co-operative Society where Government has provided share capital or loan or financial assistance or any Government guarantee, the Board shall be deemed automatically superseded from the date of expiry of its term and the Registrar, Co-operative Societies shall appoint any person as Administrator for a period of not more than six months for getting the new Board constituted by election. The Administrator so appointed shall provide every possible help to the Bihar State Election Authority to conduct the election. This arrangement shall be an interim arrangement and the Administrator shall hand over the management of the Society to the new Board after election within the prescribed period; Provided that where the Government has not provided share capital or loan or financial assistance or any Government guarantee and where the Bihar State Election Authority fails to conduct elections before the expiry of the term of the Board, the Registrar of the Co-operative Societies may order to convene a special General Meeting of the members, for appointing an ad-hoc Board for the purpose of conducting elections: Provided further that the outgoing members and Office-bearers of Board shall not be included in ad-hoc Board for the purpose of conducting elections; Provided further also that the term of ad-hoc Board so appointed shall not exceed six months and the ad-hoc Board so appointed shall provide every possible help to the Bihar State Election Authority to conduct the election. This arrangement shall be an interim arrangement and such appointed ad- hoc Board shall hand over the management of the Society to the new Board after election within the prescribed period.”