Amendment status not verified — confirm the current text below against the official source.
Substitution of Section -35 of the Bihar Act, 2 of /997. — Section - 35 of the said Act shall he substituted by the following, namely - "35. Filing Annual Statements of Accounts. - Every Co-operative Society shall file Annual Statement of Accounts before the Registrar within six months of the end of financial year which shall include following subjecis: (a) Annual Report of the activity: (b) Audited Statement of the Accounts; (c) Plan to deal with the surplus as approved by General Body; (d) List of the amendments done, if any. in the Bye-laws of the Co-operative Society; (c) Declaration relating to the conduct of election, il due, and date for the arrangement of General Body meeting: (1) Any other information notified by Registrar, if required to carry out any nI the provisions of the Act." 10 JIiic (3flTrcRuT), 22 dl$ 2013 ID. insertion of a new Section - 4/A after Section - 4/ of the Bihar Ac! 2 of /997. In the said Act after Section -41 the following new Section - 41A shall he inserted, namely - "41A. Supersession of the Board' by the Tribunal. - (I) If in the opinion of the Tribunal, upon the receipt of application from the member of the Co-operative Society, the Board of any Co-operative Society, where loan or financial aid has been provided by the State Government or loan has been provided on Government guarantee. is persistently making defaults or is negligent in the performance of the duties imposed on it by this Act, the ules or the Bye-laws. or conducted against the interest of its members or there is salemate in the formation or functioning of the Board, he may, after giving opportunity to the managing committee to state its objection. if any, by order with reasons in writing supersede the Board of the Co-operative Society for a period nor exceeding six months. The members of the Boards of societies SO superseded shall not be eligible for reelection for live years from the date of supersession. Tribunal shall record every order passed under this section in writing and inform the concerned Co-operative Society through registered post: Provided that in case of Co-operative Society carrying on the business of banking. provisions of Banking Regulation Act, 1949 shall also apply: Provided further that in case of Co-operative Society carrying the business of banking, the maximum period of superscssion shall be of one year; Provided further also that the supersession of the Board of the Co-operative Society having banking operation shall be done in consultation with the Reserve Bank of India. (2) When any Co-operative Society is under superseSsioil under sub-section (I ). the Tribunal shall appoint an Administrator to conduct the affairs of the Society. The Administrator appointed under this sub-section. shall take necessary action loi thc election of the Board of Co-operative Society within the specified period and shall hand over the management to elected Board. (3) The Administrator appointed under sub-section (2) shall get remuneration, as may he fixed by the Tribunal, as he deems fit to cany on the business of the Co- operative Society. The remuneration so fixed shall be payable from the accounts of Co-operative Society. (4) Administrator appointed under sub-section (2) shall work under the service condition laid down by the Tribunal and shall perform all the duties and carry on responsibilities assigned to the Board under this Act, rules and the Bye-laws of Society: Provided that the Tribunal shall have the power to change the Administrator during the period of supersession." 1/. Suh.siiiuiion of Section - 42 of the Bihar Ac! 2 of /997. - Sub-section (1) of Section - 42 of the said Act shall he substituted by the following, namely:- (I) It shall be an offence under this Act if- (a) a Co-operative Society or an officer or member thereof willfully makes a false return or furnishes false information, or any person willfully not furnishes any information required from him by a person authorised in this behalf under the provisions ol' this Act; (h) any person willfully or without any reasonable excuse disobeys any summons, requisition or lawful written order issued under the provisions of the this Act: (c) any employer who, without sufficient cause, fails to pay to a Co-operative Society amount deducted by him from its employee within a period of fourteen days from the date on which such deduction is made: (d) any officer or custodian who willfully fails to handover custody of hooks, accounts, documents, records, cash, security and other property belonging Lu a Co-operative Society of which he is an officer or custodian, to an authorised person; and (3rTc.TTT), 22 o1 2013 1]. (e) any person indulges in the corrupt practices before, during or after the election of the Office-hearer or member of the Board of the Co-operative Society." By order of the Governor of Bihar. VINOD KUMAR SINHA, Secretary to the Goiernmen 1. 3TrTE, 111c.lkH4 ccUIRH4, tlZ1T 'U cIE1l111T tTE1 ddI 'iic. (31lTcTRuT) 400-571 ~4OO-OOt1tO I Website: http://egazette.bih.nic.in The Bihar Self-Supporting Cooperative Societies Tribunal (Constitution & Procedure) Rules, 2002 GSR 3438.! dated 04.12.2002. In exercise of power conferred by section 51 of the Bihar Self- Supporting Cooperative Societies Act, 1996 (Bihar Act-2 of 1997), the Governor of Bihar is pleased to make the following Rules. The Same having been previously published as required by sub-section (2) of the said section. CHAPTER - I Preliminary