State Act

The Bihar Co-operative Societies Act, 1935

2[ 45A. (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 incharge 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) 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(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. (3) If the person to whom a direction has been issued under sub-section (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. (4) The offence under sub-section (3) shall be cognizable. (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 putgoing 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.