Chapter I Chapter I

Preliminary

Short title and extent. –

1. (1) This Act may be called the Bihar Cooperative Societies Act, 1935.
2. (2) It extends to the whole of the State of Bihar.

Definitions. – In this Act unless there is anything repugnant in the subject or context –

1. (a) “bye-laws” means the registered bye-laws for the time being in force and includes a registered amendment of the bye-laws:
2. (b) “cooperative Federation” means a registered Society the main object of which is to co-ordinate and facilitate the activities of other registered societies and to foster the growth of the cooperative movement:
3. (bb) Cooperative Year” means a year beginning with the I st April and ending on the 31th March;
4. (c) ‘financing bank’ means the State Bank of India, a nationalized Commercial Bank, a state Cooperative Bank, a Central Cooperative Bank, a Land Development Bank, Regional Rural Bank or any other bank to be notified by the State Government, the objects of which include the creation of funds out of which money is to be lent to the Cooperative Societies or other institutions or both;
5. (d) ‘Liquidator’ means a person or persons appointed by the Registrar under sub-section

1. (1) of section 44 to wind up the affairs of a registered society;
   • (e) ‘Managing Committee’ means the committee of management of other body to whom the management of the affairs of a registered society is entrusted;
   • (f) “member’ includes a person Joining in the application for the registration of a society and a person admitted to membership after registration in accordance with the rules and the bye-laws of such society;
   • (ff) ‘ Multi-purpose Cooperative Society” is a primary society formed for providing more than one type of service to its members and includes a society registered as a Cane-growers’ Cooperative Society;
   • (fff) ‘ nominal or associate member’ means a member who possesses such privileges of rights of member of a member of society, and who is subject only to such liabilities of a member as may be specified by the bye laws;
   • (g) ‘Officer’ includes a chairman, secretary, treasurer, member of a managing committee of any other person empowered by or under this Act, or rules of the bye-laws of registered society to give direction in regard to the business of the society;
   • (gg) ‘Officer- bearer of a managing committee’ means and includes the Chairman, the Vice-Chairman, the Secretary, the Joint Secretary, the Treasurer of any such functionary by whatever name he may be designated;
   • (ggg) ‘Primary society’ is a society of which no member is a registered society’
   • (gggg) ‘Primary agricultural credit Society” means a Cooperative Society, the primary object of which is to render assistance, financial or otherwise, to farmers, rural artisans and agricultural labourers and includes farmers service society and multipurpose Cooperative Society;
   • (h) ‘Registered society’ means a society registered or deemed to be registered under this Act;
     • (i) ‘ Registrar’ means a person appointed to perform the duties of Registrar of Cooperative societies under this Act.
   • (j) ‘rules’ means rules under this Act.
   • (K) “Family” means husband, wife and their dependent sons and unmarried daughters as unit.”

Indian Companies Act. 1913 not to apply. – The provisions of the Indian Companies Act, 1913 (7 of 1913) shall not apply to registered societies.

Saving of existing Societies. –

1. (1) Every society now existing which has been registered under the Cooperative Societies Act. 1912 (2 of 1912), shall be deemed to be registered under this Act and its bye-laws shall, so far as they are not inconsistent with the express provisions of this Act, continue in force until altered or rescinded.
2. (2) All appointments, rules and orders made, notifications and notices issued, all transactions entered into, suit and other proceedings instituted under the said Acts, shall be deemed, so far as may be, to have been respectively made, issued, entered into and instituted, under this Act.

Construction of reference to Cooperative Societies Act, 1912 in enactments. – All references to the Cooperative Societies Act, 1912 (2 of 1912) occurring in any enactment made by any authority in India and for the time being in force in the State of Bihar 2 [x x x] shall, in the application of such enactment to the said States be construed as references to this Act.