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BIHAR COOPERATIVE SOCIETIES (AMENDMENT) ACT, 2011
[Bihar Act 3, 2012]
BIHAR COOPERATIVE SOCIETIES (AMENDMENT) ACT, 2011
An Act to amend the Bihar Cooperative Societies Act, 1935 Preamble :-
WHEREAS, it is priority of the Government to conduct the election of the Managing committee of cooperative societies registered under this Act, by Bihar State Election Authority, constituted under Bihar State Election Authority Act, 2008, so that it may be made more democratically well governed and the conduct of the election process, be more transparent;
AND WHEREAS, it is necessary to bring out certain amendment to the Bihar Cooperative Societies ACT, 1935;
Be it enacted by the legislature of the state of Bihar in the sixty second year of Republic of India as follows:-
1. Short title, extent and commencement.—
(1) This Act may be called the Bihar Cooperative Societies (Amendment), Act 2011.
(2) It shall extend to the whole of the state of Bihar.
(3) This Amendment shall be deemed to have come into effect on the date of Bihar Cooperative Societies (Amendment) Act, 2008 (Bihar Act 18, of 2008) came into effect 2. Substitution of Section 14A (1) of Bihar Cooperative Societies Act, 1935.— The Subsection-(1) of Section 14A of the said Act shall be substituted by the following:-
“(1) Notwithstanding, any thing contained in any provision of this Act, rules made thereunder and byelaws of a registered society, the election to the managing committee of cooperative societies registered under this Act shall be conducted by Bihar State Election Authority constituted under Bihar State Election Authority Act, 2008 in the manner prescribed for the conduct of election under Bihar State Election Authority Act, 2008 and rules made thereunder read with Bihar Cooperative Societies Act, 1935 and rules made thereunder:
Provided that all the previous elections of registered cooperative societies conducted by the Competent Authority under the existing provisions would be saved. Provided, further that any action, order, decision to hold the election of managing committee of cooperative societies shall be deemed to have been made under this Amendment and any election so held shall be valid, notwithstanding any judgment, order or decree of any court.”
3. Substitution of Section-14A (2) of the Bihar Cooperative Societies Act, 1935.—
The Sub-section-(2) of Section-14A of the said Act shall be substituted by the following:-
“(2) Notwithstanding, any thing contained in any provisions of this Act, rules made thereunder and bye-laws of a registered society, the election to the managing committee of cooperative societies registered under this Act shall be held in terms of the provision of this Section, even if the process of election has commenced but the result of such election has not been declared.”
4. Substitution of Section-14A (3) of the Bihar Cooperative Societies Act, 1935.—
The Sub-section-(3) of Section-14A of the said Act shall be substituted by the following:-
“(3) Notwithstanding, any thing contained in any provision of this Act, rules made thereunder and bye-laws of a registered society, the election to the managing committee of co operative societies registered under this Act shall be held before the expiry of the term of managing committee as prescribed in Sub-section (9) of Section-14 of this Act or within period of nine months from the order of supersession of managing committee passed under the provisions of this Act:
Provided that in the case of supersession of managing committee of any society as on the date of notification of this Amendment, the election to the managing committee shall be held within nine months.”
5. Deletion of Section-14A (4) of the Bihar Cooperative Societies Act, 1935.— The Subsection-(4) of Section-14A of the said Act is hereby deleted.
6. Deletion of Section-14A(5) of the Bihar Cooperative Societies Act, 1935.— The Subsection-(5) of Section-14 A of the said Act is hereby deleted.
