Section 14 in The Bihar Co-operative Societies Act, 1935
14. Registered societies to have a managing committee etc.
(1)Every registered society shall have an address, registered in accordance with Rules, to which all notices arid communications may be sent, and shall send notice, in writing to the Registrar and to the financing bank, if any, of which it is a share holder and to the Co-operative Federation, if any, of which it is a member, of any change in the said address within fifteen days of such change.(2)[ The management of registered Society shall be vested in managing committee constituted in accordance with the provisions of this Act and Rules/bye-laws of the society made under this Act.Notwithstanding any thing contained in any provision of this Act or Rules Bye-laws of the Society the maximum number of members including office bearer or office bearers in a managing committee of Society shall be seventeen in Apex and State level Society, fifteen in Central Co-operative Society and thirteen in Primary Society:Provided that in the managing committee of such Societies or of class of societies and in such areas as the State Government may by general or special order direct atleast two seats shall be reserved for members belonging to the scheduled castes or scheduled tribes, two seats for the ladies and one seat each for backward and other backward caste. The seats so reserved shall be filled up from amongst the members of scheduled castes or scheduled tribes, ladies and backward and other backward castes members either by election or/and by cooption.This provision shall apply to all Societies from the Primary Society and up to the Apex Society.] [Substituted by (Amendment) Act 10 of 2002.](3)[ An Officer of the State Government if deputed to a registered society either as a Managing Director, Executive Officer or in similar position shall be the Chief Executive thereof and subject to general direction and control of the managing committee, shall have the following powers and functions;-] [Inserted by Act 5 of 1989.](i)to have general control over the administration of the registered society;(ii)to convene meetings of the managing committee;(iii)to receive all moneys and securities on behalf of the registered society and to make arrangement for the proper maintenance and custody of cash balances and other properties of the registered society;(iv)to endorse and transfer promissory notes, Government and other Securities and to endorse, sign and negotiate cheques and other negotiable instrument on behalf of the registered society.(v)to be responsible for the general conduct, supervision and management of the day-to-day business and affairs of the registered society;(vi)to sign all deposits, receipts and operate the accounts of the registered society with Bank;(vii)to sign all bonds and agreements on behalf of the registered society;(viii)to determine the powers, duties and responsibilities of the employees of the registered society;(ix)to appoint, promote, transfer, punish, suspend, remove or dismiss any paid employee of the registered society except to the extent of the powers vested in the managing committee under the bye-laws of the registered society;(x)to institute, conduct, defend, compound or to withdraw any suit or other legal proceedings for or against the registered society and also to compound and allow time for payment to satisfaction of any claims;(xi)to delegate all or any of the powers to an employee or employees of the registered society subject to his control and supervision.(4)[ Notwithstanding any thing contained in any provision of this Act, or of Rules framed thereunder or the bye laws of any registered Society where the State Government has subscribed directly to the Share Capital of a registered Society an amount exceeding Rupees Thirty Lakh, in that case the State Government shall have the right to nominate three persons as members on the managing committee of that Society.Provided that among the members so nominated two will be from the Government service and the third one will be an officer of Cooperative/ Financing Institution connected with the affairs of the Society:Provided further that those ex-officio members as provided in the bye-laws of the society shall be counted in the quota/numbers fixed/provided for nomination: Provided further also that such nominated members shall participate in any meeting of the managing committee or ordinary general meeting of the share holders of the registered Society, convened in accordance with the provisions of the Act and Rules framed thereunder and its bye laws. They shall have right to vote in the meeting of the managing committee but shall have no right to vote in the ordinary general meeting of the "share holders."] [Sub-Section (4) Substituted by (Amendment) Act 10 of 2002.](5)[ Notwithstanding any thing contained in any provision of this Act, Rules made thereunder and bye-laws of the Society the existing members and office bearers nominated by the Government shall cease to be a member of the managing committee within ninety days of the publication of this Amendment Act in the Official Gazette; and such registered society shall have elections to the vacant posts for the remaining period of its term:] [Sub-section (5) Substituted by (Amendment) Act 10 of 2002.]Provided further that in superseded societies the Administrator of the Society shall constitute new managing committee by election within twelve months from the date of publication in the Official Gazette of this Amendment Act 2002; otherwise the Registrar shall appoint a new Administrator for a further period of three months and get the managing committee constituted by election.(6)[X X X] ['Sub-section (6) & (8)' repealed by (Amendment) Act 10 of 2002.](7)Notwithstanding the provisions of re-numbered sub-section (9) the nominated members of the managing committee shall hold office during the pleasure of the State Government.(8)[X X X] ['Sub-section (6) & (8)' repealed by (Amendment) Act 10 of 2002.](9)[ "Notwithstanding anything contained in the Rules or the bye-laws of any Registered Society, the term of the members and office bearers of the managing committee of a registered Society shall not exceed five years from the date of election.(10)"If for any reason elections are not held within the said period after expiry of the term of the managing committee the committee shall be deemed to have been superseded with effect from the said date and the Registrar Cooperative Societies shall appoint any government servant as Administrator for a period not exceeding of six months for constitution of managing committee in accordance with law:Provided that if for certain special circumstances the election of the members and office bearer of the managing committee is not held within the stipulated period of six months, the Registrar after obtaining explanation from the Administrator and after recording reasons in writing may extend the period of supersession for a period not exceeding three months :Provided further that the term of the managing committee as provided in sub section (9) shall be effective if the election of the managing committee has been held after coming into force of this Amendment Act:Provided further that the Administrator appointed for the superseded society prior to the commencement of this Amendment Act shall continue to hold office till twelve months from the date of commencement of this Act or constitution of a new managing committee by election whichever is earlier.] ['Sub-sections (9) & (10)' substituted by (Amendment) Act 10 of 2002.](11)Every registered society shall keep open to inspection free of charge at all reasonable times at its registered address-(a)a copy of this Act,(b)a copy of the Rules governing such society(c)a copy of the by-laws of such society; and(d)a register of its members;[X X X] [Proviso to 'Sub-section (11)' repealed by Act 10 of 2002.]
