Rule, 2008

Text

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2008 1 W9 U' The 26th November 2008

THE BIHAR COOPER&TWE SOCIETIES (AMENDMENT) RULES, 2008

To amend the Bihar CooperatiVC Societies Rules, 1959

AMENDMENT

No. 7/f.

exerciSe of powers conferred by section 66 of the Bihar Cooperative Societies Act 1935, the GovenlOr of Bihar is pleased to make the foUowing amendments to the Bihar Cooperative Societies Rules, 1959, the same having been previouSlY published in the Bihar Gazette, dated l8 September. 2008. as required by sub-section

(3) of the said section of Act.

1. Short Title and commeflCement

(a) These rules may be called the Bihar Cooperative Societies (Amendment) Rules, 2008.

(b) It shall come into force at once.

Amendment in Rule 2 of the Bihar Cooperative Societies Rules, 1959:- (a) The word "and Orissa" after "Bihar" in rule 2 (i) of the said rules shall be deleted. (b) The rule 2 (vi) of said rules shall be substituted by the fol1oWiflg "working capital" means the sum of orroWiflg and owned fund minus accumulated loss";

(c) The clause (a) of rule 2 (ix) of the said rules shall be substituted by the followiflg "(a) a cooperatiVC society whose area of operation covers the whole of Bihar and w1ch has central societies as its members;" or (d) The clause (a) of rule 2 (xi) of the said rules shall be substituted by the followiflg "(a) a cooperatiVe society which has only primary CoopCrative SOCjCtCS a it members;" or (e) The clause (a) of rule 2 (xii) of the said rules shall be deleted;

(1) The rule 2 (xiii) of the said rules shall be deleted;

(g) The rule 2 (xiv) of the said rules shall be deleted;

(h) The rule 2 (xv) of the said rules shall be deleted;

(i) The clause (a) of rule 2 (xvi) of the said rules shall be deleted; ) The rule 2 (xvii) of the said rules shall be substituted by the following- "Election Officer means any officer, by whatever name heishe may be known, entrusted in these rules with the responsibilities of conducting election of a coopCratiVe society";

(k) In rule 2 (xix) of the said rules, the word "a l egat&delegates shall be deleted;

(I) The clause (b) of rule 2 (xx) of the said rules shall be deleted;

(ru) The clause (c) of rule 2(xx) may be substituted by the following:- "in other cases, the list of delegates for the General Meeting. as published by the Election Officer";

(n) The rule 2 (xxi) of the said rules shall be deleted;

(o) The rule 2 (xxviii) of the said rules shall be deleted and substituted by the following:- "Election AuthOtY" means the authoty as defined under Section 14 A( 1) of the Act for the conduct of elections tO the Managing Committee of a class or classes of registered societies";

(p) After Rule 2 (xxviii) of the said rules, the following rule 2 (xxix) shall be added - "Notified Society" means a class or classes of registered societies as notified under

Section 14 A(l) of the Act.".

3. Amendment in Rule 7 of the Bihar Co-operative Societies Rules, 1959:-The following sup-rule (4) shall be added after sub-rule (3) of Rule 7 of the said rules — "Notwithstanding anything contrary contained in this rule or bye-laws of a Primary Agriculture Credit Society, if any person applies for membership of such a society with a declaration to the Block development Officer or Assistant Registrar, Cooperative societies or District Cooperative Officer that-

(a) he fulfills the criteria for attaining membership of such a society,

(b) no other member of his family is a member of the society and

(c) he has applied for membership to the managing committee of such society and has not been admitted as a member, the concerned Block Development Officer or Assistant Registrar Co-operative Societies or District Co-operative Officer, as the case may be, shall order such person to be made a member of the said society.".

4. The following rule 12A shall be added after Rule 12 of the Bihar Co-operative Societies Rules, 1959:- "12A. Notwithstanding anything contrary contained in this rule or bye-laws of a cooperative society, there shall be no individual member in any apex society or any central society and further no primary society shall be member of any apex society: Provided that the individual members of any apex society or central society shall continue to remain members of such society till such individual ceases to be member of such society for whatever reason and such membership shall not be transferable; Provided further that a primary society which is already a member of any apex society shall continue to be a member of such apex society till such society ceases to be member of such affiliating society."

5. Amendment in Rule 20 of the Bihar Co-operative Societies Rules, 1959:-The following new sub-rule 20(lA) shall be added after sub-rule 20(l): "(a) Notwitñstanding anything contrary contained in this rule or bye-laws of any cooperative society, the chairperson of the society shall be the delegate of that cooperative society who shall represent that society in the affiliating societies including the General Meetings of such affiliating societies of which that cooperative society is a member.

Provided that there shall be no delegate for a society which is under supersession."

(b) In the rule 20(3) of the said rules, the words "Grace Period" shall be substituted by the words "six months."

(c) The rule 20(5)(iii) of the said rules shall be substituted by the following:- "Notwithstanding anything contrary contained in this rule or bye-laws of any cooperative societies, all the delegates to an affiliating society shall directly participate in the Special General Meeting of such affiliating society."

6. Amendment in Rule 21A of the Bihar Co-operative Societies Rules, 1959:-

(a) In rule 2lA of the said rules, the words "office bearers thereof and the delegates" shall be substituted by the words "and office bearers."

(b) In the proviso of Rule 21A of the said rules, the word "office bearers and the delegates" shall be substituted by the words "and office bearers".

7. Amendment in Rule 21C of the Bihar Co-operative Societies Rules, 1959:-The sub- rule (2) of rule 21 C of the said rules shall be deleted.

8. Amendment in Rule 2W of the Bihar Co-operative Societies Rule, 1959:-The proviso to sub-rule (2) of rule 21 P of the said rules shall be deleted.

9. Amendment in Rule 21X of the Bihar Co-operative Societies Rule, 1959:-In Rule 2lX of the said rules, the words "30 days" shall be substituted by the words "90 days."

10. Addition of a new Rule 21Y in the Bihar Co-operative Societies Rules, 1959:- The following new rule 21Y shall be added after Rule 21X:

"21Y Election by the Election Authority - (a) The election to the Managing Committee and office bearers of notified societies shall be held under the superintendence, direction and control of the Election Authority, which shall include the following

(i) Preparation of voter list,

(ii) Appointment of Election Officers,

(iii) Notification of place of voting and counting.

(b) otwithstaflding anything contrary in these rules or bye laws of any notified society, the Election Authority (i) shall get the voter list prepared and decide the cut-off date for the preparation of such voter list, which shall not be more than 120 days prior to the date of election.

(ii) shall determine the programme for such elections including venue, date and time for various stages of the election process including counting. (iii) shall appoint the Election Officer or authorise any other officer not below the rank of Sub-divisional Magistrate for appoinuTient of Election Officers."

11. Insertion of new sub-rule 22(1A) in the Bihar Cooperative Societies Rules, 1959:-The following sub-rule 22(1 A) shall be inserted after sub-rule 22(1): "(IA) Notwithstanding anything contrary contained in this rule or the bye-laws of any cooperative society, if different types/classes/groups of members are provided itt the bye-laws of a cooperative society and office bearers or number of members of managing committee to be elected from such types/classes/groups of members are also earmarked in the bye-laws of that cooperative society, only members belonging tO that particular type/class/group shall vote for election of the office bearers and members of the managing committee earmarked for a particular type/class/grouP of members." By order of the Governor of Bihar,

JAI NARAIN SINGH,

Join! Secretary to Government.

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