Vidhi Codex

section 45A

Handing over charge on election/supersession/expiry of term

The Bihar Cooperative Societies Act, 1935
Corporate1935136 sections12 chapters
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Chapter VII Chapter VII

Statutory text
  1. (1) On election of new secretary or on supersession of cooperative society or on expiry of the term of the office bearers of a cooperative society, the outgoing secretary or the person holding charge of the office of the cooperative society shall hand over charge of his office and all papers and properties in his possession as secretary or in charge 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. (2) If the outgoing secretary of a cooperative 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
  3. (1) above, the prescribed authority or any officer empowered by it in this behalf, may by an order in writhing 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.
  4. (3) If the person to whom a direction has been issued under sub-section
  5. (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 or a fine of Rs. 500, or with both.
  6. (4) The offence under sub-section
  7. (3) shall be cognizable.
  8. (5) If it is so required, the prescribed authority may, by order in writhing, authorise any officer to forcibly take possession with the help of local police and Magistrate, of all papers and properties from the 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. 45A. Production of records by the Secretary or person in charge of the office of a Cooperative Society Production of records by the Secretary or person in charge of the office of a Cooperative Society.-
  9. (1) The Secretary of a Cooperative Society shall, on direction by Registrar or by any other Gazetted officer of Cooperative department, forthwith hand all records and documents of the Society as the Registrar or the officer mentioned above may required for inspection or enquiry relating to the affairs of the said Cooperative Society,
  10. (2) If the Secretary of the person in charge of the office of the Cooperative Society fails, refuses of avoids to hand over the documents as required under foregoing sub-section
  11. (1) he shall be punishable with imprisonment for a period which my extend up to six months or with a fine of Rs. 500/- or with both, and such an offence shall be cognizable.
  12. (3) When a person to whom a direction has been issued sub-section
  13. (1) of this section fails, refuses of avoids of furnish all records and documents of that Society with the help of police and magistrate.

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