Section 44AQ in The Bihar Co-operative Societies Act, 1935
44AQ. Power of Registrar to order liquidation of Societies and amalgamation of several Societies.
(1)Notwithstanding anything to the contrary contained in the Act where the Registrar is satisfied that, in the interest of the Cooperative Movement or for the purpose of securing proper management of Cooperative Societies or for the reason that the society has not been working as a viable unit or has incurred bad debts or has remained inactive, it is necessary to liquidate a society he may, by an order published in the official Gazette, direct for the liquidation of the society and shall appoint person or persons for carrying out the functions of the liquidator as laid down in Section 44.(2)[(a) In order to achieve the objective of this Act, to bring uniformity in the operation of the societies under this Chapter, to enhance their strength and usefulness and to make them viable for the purpose of development of agriculture, the area of a Primary Agriculture Credit Society shall be co-terminus with that of a panchayat and there will be only one such society in each panchayat.(b)Notwithstanding anything to the contrary contained in this Act, if the area of a Primary Agriculture Credit Society is found not to be that of a panchayat as provided under sub-clause (a) of this subsection, the Registrar or an officer authorized by Registrar to act on his behalf, who shall not be below the rank of Assistant Registrar, may order for reorganization including amalgamation or division of one or more such societies as the case may be and register the new society/societies after such reorganisation.(3)Notwithstanding anything contrary in this Act, the society or societies which are reorganised under sub-section (2) along with its Managing Committee shall be deemed to have been dissolved and shall cease to exist from the date of registration of the new society/ societies under sub-section (2) and the membership of such registered society shall stand transferred to the respective primary agriculture credit society created for the panchayat to which such members belong after reorganization under sub-section (2) and all the assets and liabilities thereof shall get divided/distributed amongst the new society/societies in the manner prescribed by the Registrar/Government: Provided that the State Govt, may from time to time, declare a moratorium on the liabilities of the new society/ societies created under sub-section (2) of this Section."(4)(a)Notwithstanding anything contrary in this Act, upon the reorganisation of societies under sub-section (2) of this Section and establishment of new society/societies under sub-section (3) of this section, the Registrar/ Government shall constitute or provide for constitution of an ad hoc Managing Committee for the purposes of managing the affairs of the new society/societies till such time as a new Managing Committee is constituted after elections under the provisions of this Act and the ad hoc managing committee so constituted shall exercise such powers and perform such functions as may be prescribed.(b)Notwithstanding anything contrary in the Act, upon the constitution of the new Managing Committee after elections under clause (a), the Managing Committee of all such affiliating societies of which a primary agriculture credit society is a member or federation of such affiliating societies, shall be reconstituted, as per provisions contained in this Act for constitution of the Managing Committee of such societies.](5)[* * *] [Deleted 'The Registrar may by an order in writing and published in the official Gazette determine the local limits of the new society established after the amalgamation of several societies.' Sub-Section (5) by Notification Act 18, dated 30.4.2008.](6)Every family residing within the local limits of the new society determined under [sub-section (2)] [Substituted 'sub-section (5)' by Notification Act 18, dated 30.4.2008.] shall be represented by at least one adult member of the family who shall be a normal or associate member of the society and shall be entitled to a right of voting if he pays [the membership fee] [Substituted 'a membership fee of Re. 1' by Notification Act 18, dated 30.4.2008.] and may become a full-fledged member of the society if he purchases at least one share of the society and he shall be entitled to receive loan therefrom and shall also be eligible to hold any elective post of the society.
