Section 44BQ

Section 44BQ of the Bihar Co-operative Societies Act, 1935. Exemption by the State Government-No society in the short term Co-operative Credit Structure shall be exempted under Section 62(2) of this Act in any manner from the application of the provisions of this chapter without prior consultation with the Reserve Bank or the National Bank." CHAPTER VII Pena

Exemption by the State Government-No society in the short term Co-operative Credit Structure shall be exempted under Section 62(2) of this Act in any manner from the application of the provisions of this chapter without prior consultation with the Reserve Bank or the National Bank." CHAPTER VII Penalties and Procedure 1["45. Offences and Penalties .-- (1) 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 willfully not furnishes any information required from him by a person authorised in this behalf or a Registrar under the provisions of this Act;

(b) any person willfully or without any reasonable cause disobeys any summons, requisition or lawful written order issued under the provisions of 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 books, accounts, documents, records, cash, security and other property belonging to a Co-operative Society of which he is an officer or custodian, to an authorised person; and (e) any person who indulges in the corrupt practices before, during or after the election of the Office-Bearer or member of the Board of the Co-operative Society, (2) Any offence under sub-section (1) of this Section shall be punishable with imprisonment for a period which may extend up to one year or with a fine which may amount to rupees two thousand or both:

Provided that where a person is guilty of misappropriation, fraud, breach of trust, cheating or any other act involving moral turpitude, resulting in a loss to the Co-operative Society, he shall also be punishable under the relevant provisions of the Indian Penal Code, 1860." 1. Subs. by Act 6 of 2018 [ Sec. 45A any rule; or (b) an officer or member of a registered society '[or any person appointed under sub-section (2) of section 41] wilfully makes a false return or furnishes false information.

(2) Any officer or member of a registered society '[or any person appointed under sub-section (2) of section 41] guilty of an offence under sub-section (1) shall be punishable with fine which may extend to fifty rupees. 2[ 45A.

(1) On election of new secretary or on supersession of co-operative society or on expiry of the term of the office bearers of a co-operative society, the outgoing secretary or the person holding charge of the office of the co-operative society shall hand over charge of his office and all papers and properties in his possession as secretary or incharge of the said society to the new secretary or the officer directed by the prescribed authority to take charge of the affairs of the said society.

(2) If the outgoing secretary of a co-operative society or the person holding charge of the office of secretary fails or refuses to hand over charge of his office as required under sub-section (1) above, the prescribed authority or any officer empowered by it in this behalf, may by an order in writing direct the outgoing Secretary or the person holding charge of the office of Secretary to hand over immediately the charge of his office and all papers and properties in his possession as such secretary to the new secretary in case of fresh election, and in case of supersession or on expiry of the term of office to the officer appointed to manage the affairs of the society.

(3) If the person to whom a direction has been issued under sub-section (2) fails to comply with the said direction he shall be punishable with the imprisonment which may extend up to the period of six months or a fine of Rs. 500, or with both. ( 4) The offence under sub-section (3) shall be cognizable.

(5) If it is so required, the prescribed authority may, by order in writing, authorise any officer to forcibly take possession with the help of local police and Magistrate, of all papers and properties from the outgoing secretary or the person holding charge of the office of secretary and hand them over to the new secretary in case of fresh election and to the officer of the State Government appointed to run the affairs of the society in case of its supersession or expiry of the term of office bearers where fresh election in still to be held. Comments & case-law [Where managing committee of a society has been superseded, and a committee of Administrators appointed, on tenure for members of committee of Administrators is fixed. This committee can be reconstituted. by dropping some of the members without the dropped members being entitled to a hearing before order of removal by the Registrar. Padma Charan Samantsighar vs. Registrar, AIR 1981 Orissa 150. See also Parmeshwara Bagh vs. State of Orissa, AIR 1981 Orissa. 154. Where written consent of financing Bank has been obtained prior to the passing of order of supersession of managing committee of a Co-operative society, the order of supersession is not vitiated on account of any defect in notice to the Bank, since no further notice was required under law. Durga Shankar Kar vs. State of Orissa, AIR 1982 Orissa 20. 3. Ins. by Act 29 of 1956. 4. Ins. by Act 39 of 1982. Secs. 45B- 47] Bihar Co-operative Societies Act, 1935 Order of supersession passed by Assistant Registrar by virtue of powers of Deputy Registrar delegated to him, cannot be said to be without jurisdiction ibid. Removal of office bearers of a society without opportunity of hearing is violative of principles of natural justice. Narsingha Charan Acharya vs. State of Orissa, AIR 1985 Orissa 62] 1[45B. Production of records by the Secretary or person incharge of the office of a Co-operative Society .- (1) The Secretary of a Co-operative Society shall, on direction by Registrar or by any other Gazetted officer of Co-operative department, forthwith hand all records and documents of the Society as the Registrar or the officer mentioned above may require for inspection or enquiry relating to the affairs of the said Co-operative Society.

(2) If the Secretary or the person incharge of the office of the Co-operative Society fails, refuses or avoids to hand over the documents as required under foregoing sub-section (1) he shall be punishable with imprisonment for a period which may extend up to six months or with a fine of Rs. 500/- or with both; and such an offence shall be cognizable. . ' (3) When a person to whom a direction has been issued under sub-section (1) of this section fails, refuses or avoids to furnish all records and documents of that Society with the help of police and magistrate.] Comments & case-law [Offence under section 402 of Indian Penal Code committed by officer of society- Sanction for prosecution, whether necessary, See AIR 1957 Orissa 165: 1957 Cr. LJ 899.]

Section 44BQ, The Bihar Co-operative Societies Act, 1935 (Act 6 of 1935).