REGISTRATION
3.
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The State Government may appoint a person
to be the Registrar of Co-operative Societies for the State; and may appoint
one or more persons to assist such Registrar with such designations, and in
such local areas or throughout the State, as it may specify in that behalf
and may, by general or special order, confer on any such person or persons
all or any of the powers of the Registrar under this Act. The person or
persons so appointed to assist the Registrar and on whom any powers of the
Registrar are conferred, shall work under the general guidance, superintendence
and control of the Registrar. They shall be subordinate to the Registrar, and
subordination of such persons amongst themselves shall be such as may be
determined by the State Government.
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3-A.
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If the Registrar or a person appointed to
assist such Registrar is disabled from performing his duties or for any
reason vacates his office or leaves his jurisdiction or dies, then –
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(a)
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in the case of the Registrar, the “Special” [*
Was inserted By MAH. XXIV of 1961] Additional or Joint Registrar, in the
office of the Registrar, and
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(b)
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In the case of a person appointed to
assist the Registrar, the senior-most officer holding the next higher post,
in the respective office, shall unless other provision has been made in that
behalf, hold temporarily the office of the Registrar or, as the case may be,
of the person appointed to assist the Registrar in addition to his own office
and shall be held to be the Registrar or the person appointed to assist the
Registrar under this Act, until the Registrar or the person appointed to
assist the Registrar resumes his office, or until such time as the successor
is duly appointed and takes charge of his appointment.
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4.
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A society, which has as its objects the
promotion of the economic interests or general welfare of its members or of
the public, in accordance with co-operative principles or a society
established with the object of facilitating the operations of any such
society, may be registered under this Act:
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Provided that, no society shall be
registered if it is likely to be economically unsound, or the registration of
which may have an adverse effect on development' of the co-operative
movement, or the registration of which may be contrary to the policy
directives which the State Government may, from time to time, issue.
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5.
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A society may be registered with limited
or unlimited liability.
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6.
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(1)
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No society, other than a federal society,
shall be registered under this Act,. Unless it consists of at least ten
persons or such higher number of persons as the Registrar may, having regard
to the objects and economic viability of a society and development of the
Co-operative movement, determine from time to time for a class of societies
(each of such persons being a member of a different family), who are
qualified to be members under this Act, and who reside in the area of
operation of the society:
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Provided that, a lift irrigation society
consisting of less than ten but of five or more such persons may be
registered under this Act.
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Provided further that, the condition
regarding residence of the members in the area of operation of the society
shall not apply for registration of the society, being the co-operative
credit structure.
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Provided also that, the Registrar
may specify the norms and conditions for registration of societies or class
of societies. [* Was inserted By MAH.
XXIV of 1961]
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(2)
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No society with unlimited liability shall
be registered, unless all persons forming the society reside in the same town
or village, or in the same group of villages.
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(2-A)
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No crop protection society shall be
registered, unless the Registrar is satisfied, after such inquiry as he
thinks necessary, that a draft of the proposal made by the society for
protecting the crops, structures, machinery agricultural implements and other
equipment such as those used for pumping water on the land, was duly
published for inviting all owners of lands likely to be affected by the
proposal and all other persons likely to be interested in the said lands to
join the proposal or to send their objections or suggestions and that the
objections and suggestions received, if any, have been duly considered by the
society and that the owners in possession of not less than 66 per cent in the
aggregate of the lands included in the proposal have given their consent in
writing to the making of the proposal and that the proposal made is feasible.
For this purpose, the society shall submit to the Registrar:
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(a)
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a plan showing the area covered by the
proposal and the surrounding land as shown in the map or maps of the village
or village affected;
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(b)
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An extract from the record of rights duly
certified showing the names of the owners of the lands and the areas of the
lands included in the proposal;
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(c)
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Statements of such of the owners of the
lands as consented to the making of the proposal signed by owners before two
witnesses;
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(d)
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A detailed estimate of the cost of
implementing the proposal;
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(e)
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A detailed statement showing how the cost
is proposed to be met. When such society is registered, the cost of
implementing the proposal shall be met wholly or in part by contribution to
be levied by the society from each owner of the land included in the
proposal, including any such owner who may have refused to become a member of
the society. The owner of every land included in the proposal shall also the
primarily liable for the payment of the contribution leviable from time to
time in respect of such land.
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(3)
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No federal society shall be registered
unless it has at least five societies as its members.
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(4)
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Nothing in this Act shall be deemed to
affect the registration of any society made before the commencement of this
Act.
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(5)
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The word "limited" or
"unlimited" shall be the last word in the name of every society
with limited or unlimited liability, as the case may be, which is registered
or deemed to be registered under this Act.
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Explanation :- For the purposes of this
Section and Section 8 the expression "member of a family" means
wife, husband, father, mother, 'son, or unmarried daughter.
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7.
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Notwithstanding anything contained in
this Act, the State Government, by general or special order, exempts any
society or class of societies from any of the requirements of this Act as to
registration, subject to such conditions (if any) as it may impose.
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8.
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(1)
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For the purposes of registration, an
application shall be made to the Registrar in the prescribed form and shall
be accompanied by four copies of the proposed bye-laws of the society 2and
such registration fee as may be prescribed in this behalf. Different
registration fees may be prescribed for different classes of societies,
regard being had to the service involved in processing an application for
registration. The person by whom, or on whose behalf, such application is
made, shall furnish such information in regard to the society, as the
Registrar may require.
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(2)
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The
application shall be signed-
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(a)
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In the case of a society other than a
federal society by at least ten persons (each of such persons being a member
of a different family), who are qualified under this Act, and
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(b)
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In the case of a federal society, by at
least five societies.
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No signature to any application on behalf
of a society shall be valid, unless the person signing is a member of the
committee of such a society and is authorized by the committee by resolution
to sign on its behalf the application for registration of the society and its
bye-laws; and a copy of such resolution is appended to the application.
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9.
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(1)
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If the Registrar is satisfied that a
proposed society has complied with the provisions of this Act and the rules,
or any other law for the time being in force, or policy directives issued by
the State Government under Section 4, and that its proposed bye-laws are not
contrary to this Act or to the rules, he shall within two months, from the
date of receipt of the application register the society and its bye-laws.
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(2)
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Where there is a failure on the part of
the Registrar to dispose of such application within the period aforesaid, the
Registrar shall,' within a period of fifteen days from the date of expiration
of that period refer the application to the next higher officer and where the
Registrar himself is the registering officer, to the State Government, who
are which, as the case may be, shall dispose of the application within two
months from the date of its receipt and on the failure of such higher officer
or the State Government, as the case may be, to dispose of the application
within that period, the society and its bye-laws shall be deemed to have been
registered and thereafter the Registrar shall issue a certificate of
registration under his seal and signature within a period of fifteen days.
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(3)
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Where the Registrar refuses to register a
proposed society, he shall forthwith communicate his decision, with the
reasons therefore, to the person making the application and if there be more
than one to the person who has signed first therein.
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(4)
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The Registrar shall maintain a register
of all societies registered, or deemed to be registered, under the Act.
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10.
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A certificate of registration signed by
the Registrar, shall be conclusive evidence that die society therein
mentioned, is duly registered, unless it is proved that the registration of
the society has been cancelled.
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11.
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When any question arises whether a person
is an agriculturist or not, or whether any person resides in the area of
operation of the Society or not or whether a person is or is not engaged in
or carrying on any profession, business or employment, or whether a person
belongs or does not belong to such class of persons as declared under
sub-section (1 A) of Section 22 and has or has not incurred a
disqualification under that subsection, such question shall be decided by the
Registrar and his decision shall be final, but no decision adverse to any
such person shall be given without giving him an opportunity of being heard.
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12.
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(1)
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The Registrar shall classify all
societies into one or other of the classes of societies defined in Section 2
and also into such sub-classes thereof as may be prescribed by rules.
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(2)
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The Registrar may, for reasons to be
recorded in writing, alter the classification of a society from one class of
society to another, or from one sub-class thereof to another; and may, in the
public interest and subject to such terms and conditions as he may think fit
to impose, allow any society so classified to undertake the activities of a
society belonging to another class.
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(3)
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A list of all societies so classified
shall be published by the Registrar every three years in such manner as the
State Government may, from time to time direct.
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13.
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(1)
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No amendment of the bye-laws of a society
shall be valid until registered under this Act. For the purpose of
registration of an amendment of the bye-laws, a copy of the amendment passed,
in the manner prescribed, at a general meeting of the society, shall be
forwarded to the Registrar. 'Every application for registration of an
amendment of the bye-laws shall be disposed off by the Registrar within a
period of two months from the date of its receipt. [* was deleted By MAH. XXIV of 1961]
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Provided that, the application for
registration of the amendment of bye-laws of the co-operative credit
structure entity shall be disposed of, by the Registrar within a period of
one month from the date of its receipt.
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(1A)
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Where there is a failure on the part of
the Registrar to dispose of such application within the period aforesaid, the
Registrar shall, within, a period of fifteen days from the date of expiration
of that period refer the application to the next higher officer and where the
Registrar himself is the registering officer, to the State Government, who or
which, as the case may be, shall dispose of the application within two months
from the date of its receipt and on the failure of such higher officer or the
State Government, as the case may be, to dispose of the application within
that period, the amendment of the bye-laws shall be deemed to have been
registered.
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(1B)
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No amendment of the bye-laws of a society
shall be registered by the Registrar under this section or in the case of the
bye-laws which are deemed to have been registered shall have effect, if the
amendment is repugnant to the policy directives, if any, issued by the State
Government under Section 4.
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(2)
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When the Registrar registers an amendment
of the bye-laws of a society or where an amendment of the bye-laws is deemed
to have been registered him shall issue to the society a copy of the
amendment certified by him, which shall be conclusive evidence that the same
is duly registered.
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(3)
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Where the Registrar refuses to register
such amendment, of the bye-laws of a society, he shall communicate the order
of refusal, together with his reasons therefore, to the society.
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14.
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(1)
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If it appears to the Registrar that an
amendment of the bye-laws of a society is necessary or desirable in the
interest “or any
bye-laws of the society are inconsistent with the provisions of this Act or
rules and that amendment is necessary in such bye-laws,” [*
Was inserted By MAH. XXIV of 1961] he may call upon the society, in the
manner prescribed, to make the amendment within such time as he may specify.
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(2)
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If the society fails to make the
amendment within the time specified, the Registrar may, after giving the
society an opportunity of being heard and after consulting such State federal
society as may be notified by the State Government, register such amendment
and issue to the society a copy of such amendment certified by him. With
effect from the date of the registration of the amendment in the manner
aforesaid, the bye-laws shall be deemed to have been duly amended
accordingly; and the bye-laws as amended shall, subject to appeal (if any),
be binding on the society and its members.
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Provided that, such notified State
federal society shall communicate its opinion to the Registrar within a
period of forty five days from the date of receipt of communication, failing
which it shall be presumed that such State federal society has no objection
to the amendment and the Registrar shall be at liberty to proceed further to
take action accordingly: [* Was
inserted By MAH. XXIV of 1961]
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Provided further that, the
Registrar may specify the Model bye-laws, for such type of societies or class
of societies, as he may deem fit. [*
Was inserted By MAH. XXIV of 1961]
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15.
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(1)
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A society may, by resolution passed at a
general meeting and with the approval of the Registrar, change its name; but
such change shall not affect any right or obligation of the society, or of
any of its members, or past members, or deceased members; and any legal
proceedings pending before any person, authority or Court may be continued by
or against the society, under its new name.
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(2)
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Where a society changes its name, the
Registrar shall enter the new name in its place in the register of societies
and shall also amend the certificate of registration accordingly.
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16.
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(1)
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Subject to the provisions of this Act and
the rules, a society may, by amendment of its bye-laws, change the form or
extent of its liability.
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(2)
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When a society has passed a resolution to
change the form or extent of its liability, it shall give notice thereof in
writing to all its I members and creditors and notwithstanding anything in
any bye-law or/ contract to the contrary, any member or creditor shall,
during a period of one month from the date of service of such notice upon
him, have the option of withdrawing his shares, deposits or loans.
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(3)
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Any member or creditor, who does not
exercise his option within the period specified in sub-section (2), shall be
deemed to have assented to the change.
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(4)
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An amendment of the bye-laws of a
society, changing the form or extent of its liability, shall not be
registered or take effect until, either—
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(a)
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all members and creditors have assented,
to deemed to have assented, thereto as aforesaid; or
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(b)
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All claims of members and creditors who
exercise the option, given by sub-section (2), within the period specified
therein, have been met in full or otherwise satisfied.
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17.
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(1)
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A society may, with the previous approval
of the Registrar, by resolution passed by two-thirds majority of the members
present and voting at a special general meeting held for the purpose, decide-
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(a)
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to amalgamate with another society;
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(b)
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to transfer its assets and liabilities,
in whole or in part, to any other society;
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(c)
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to divide itself into two or more
societies; or
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(d)
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to convert itself into another class of
society:
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Provided that when such amalgamation,
transfer, division or conversion, aforesaid, involves a transfer of the
liabilities of a society to any other society, no order on the resolution
shall be passed by the Registrar, unless he is satisfied that –
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(i)
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the society, after passing such
resolution, has given notice thereof in such manner as may be prescribed to
all its members, creditors and other persons, whose interests are likely to
be affected (hereinafter in this section referred to as "other
interested persons"), giving them the option, to be exercised within one
month from the date of such notice, of becoming members of any of the new
societies, or continuing their membership in the amalgamated or converted
society, or demanding payment of their share or interest or dues, as the case
may be;
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(ii)
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all the members and creditors and other
interested persons, have assented to the decision, or deemed to have assented
thereto by virtue of any member or creditor or any other interested person
failing to exercise his option within the period specified in clause (i)
aforesaid, and
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(iii)
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All claims of members and creditors and
other interested persons, who exercise the option within the period
specified, have been met in full or otherwise satisfied.
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Provided further that, in case of
societies doing the business of banking, no such amalgamation, transfer,
division or conversion shall be initiated without the prior approval of the
Reserve Bank of India. [* Was inserted
By MAH. XXIV of 1961]
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(2)
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Notwithstanding anything contained in the
Transfer of Property Act, 1882, or the Indian registration Act, 1908, in the
event of division or conversion, the registration of the new societies or, as
the case may be, of the converted society, and in the event of amalgamation,
on the amalgamation the resolution of the societies concerned with
amalgamation, shall in each case be sufficient conveyance to vest the assets
and liabilities of the original society or amalgamating societies in the new
societies or converted or amalgamated society, as the case may be.
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(3)
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The amalgamation of societies, or
division or conversion of a society shall not affect any rights or obligation
of the societies so amalgamated, or society so divided or converted, or
render defective any legal proceedings which might have been continued or
commenced by or against the societies which have been amalgamated, or divided
or converted; and accordingly, such legal proceedings may be continued or
commenced by or against the amalgamated society, or, as the case may be, the
converted society, or the new societies.
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(4)
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Where two or more societies have been
amalgamated, or a society has been divided or converted, the registration of
such societies or society shall be cancelled on the date of registration of
the amalgamated society, or the converted society, or the new societies
between which the society may have been divided.
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18.
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(1)
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Where the Registrar is satisfied that it
is essential “or in the
interest of members of such societies” [*
Was inserted By MAH. XXIV of 1961] or in the interest of the co-operative
movement, or for the purpose of securing the proper management of any
society, that two or more societies should amalgamate or any society should
be divided to form two or more societies or should be reorganized then
notwithstanding anything contained in the last preceding section but subject
to the provisions of this section, the Registrar may, after consulting such
federal society as may be notified by the State Government by order notified
in the Official Gazette, provide for the amalgamation, division or
reorganization of those societies into a single society, or into societies
with such constitution, property rights, interests and authorities, and such
liabilities, duties and obligations as may be specified in the order.
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Provided that, such notified
federal society shall communicate its opinion to the Registrar within a
period of forty-five days from the date of receipt of communication, failing
which it shall be presumed that such federal society has no objection to the
amalgamation, division or reorganization and the Registrar shall be at
liberty to proceed further to take action accordingly. [* Was inserted By MAH. XXIV of 1961]
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(2)
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No order shall be made under this
section, unless-
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(a)
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a copy of the proposed order has been
sent in draft to the society or each of the societies concerned;
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(b)
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the Registrar has considered and made
such modifications in the draft order as may seem to him desirable in the
light of any suggestions and objections which may be received by him within
such period (not being less than two months from the date on which the copy
of the order as aforesaid was received by the society) as the Registrar may
fix in that behalf, either from the society or from any member or class of
members thereof, or from any creditor or class of creditors.
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(3)
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The order referred to in sub-section (1)
may contain such incidental, consequential and supplemental provisions as
may, in the opinion of the Registrar, are necessary to give effect to the
amalgamation, the division or reorganization.
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(4)
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Every member or creditor of or other
person interested in, each of the societies to be amalgamated, divided or
reorganized who has objected to the scheme of amalgamation, division or
reorganization, within the period specified, shall be entitled to receive, on
the issue of the order of amalgamation, division or re-organisation his share
or interest if he be a member and the amount in satisfaction of his dues if
he be a creditor.
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(5)
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On the issue of an order under
sub-section (2), the provisions in sub-sections (2), (3) and (4) of section
17 shall apply to the societies so amalgamated, divided or reorganized as if
they were amalgamated, divided or reorganized under that section, and to the
society amalgamated, divided or reorganized.
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(6)
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Nothing contained, in this section shall
apply for the amalgamation of two or more co-operative banks or two or more
primary agricultural credit societies.
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18-A.
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(1)
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Where the Registrar is satisfied that it
is essential in the public interest, or in order to secure the proper
management of one or more co-operative bonks that two or more such banks
should be amalgamated, then notwithstanding anything contained in section 17,
the Registrar may, after consulting such federal society or other authority
as may be notified by the State Government in the Official Gazette, by order
provide for the amalgamation of those banks into a single bank, with such
constitution, property, rights, interests and authorities, and such
liabilities, duties and obligations as may be specified in the order. Such
order may provide for the reduction of the interest or rights which the
members, depositors, creditors, employees and other persons may have in or
against any bank to be amalgamated to such extent as the Registrar considers
necessary in the interest of such persons for the maintenance of the business
of that bank having due regard to the proportion of the assets of such bank,
to its liabilities. Such order may also contain such incidental,
consequential and supplemental provisions as may, in the opinion of the
Registrar, are necessary to give effect to the amalgamation of the banks.
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Provided that, such notified
federal society or other authority shall communicate its opinion to the
Registrar within a period of forty-five days from the date of receipt of
communication, failing which it shall be presumed that such notified federal
society or other authority has no objection to the scheme of amalgamation and
the Registrar shall be at liberty to proceed further to take action
accordingly. [* Was inserted By MAH.
XXIV of 1961]
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(2)
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No order shall be made under sub-section
(1), unless-
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(a)
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a copy of the proposed order has been
sent in draft to each of the banks concerned;
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(b)
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the Registrar has considered and made
such modifications in the draft order as may seem to him desirable in the
light of any suggestions or objections which may be received by him within
such period (not being less than two months from the date on which the copy
of the proposed order was received by the banks) as the Registrar may fix in
that behalf, either from the banks or any members, depositors, creditors,
employees or other persons concerned.
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(C)
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the Registrar
has obtained the prior approval of the Reserve Bank of India. [* Was inserted By MAH. XXIV of 1961]
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(3)
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On the issue of an order under
sub-section (1), notwithstanding anything contained in this Act or in any law
for the time being in force or in any contract, award or other instruments
for the time being in force, the provisions thereof, shall be binding on all
banks and their members; depositors, creditors, employees and other persons
having any rights, assets, or liabilities in relation to all or any of the
banks concerned.
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(4)
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Notwithstanding anything contained in the
Transfer of Property Act, 1882 or the Registration Act, 1908, the order
issued under subsection (1) shall be sufficient conveyance for transfer or
vesting the rights, assets and liabilities of the banks concerned as provided
in the order.
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(5)
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The amalgamation of banks under this
section shall not affect any rights or obligations of the banks so
amalgamated or render defective any legal proceedings, which might have been
continued or commenced by or against any such banks; and accordingly, such
legal proceedings may be continued or commenced by or against the amalgamated
banks.
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(6)
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Where two or more banks have been
amalgamated, the registration of the bank in which the other banks are
amalgamated may be continued and the registration of the other banks may he
cancelled, or where the amalgamated bank is newly registered, the
registration of all the amalgamating banks shall be cancelled.
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(7)
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Any order made by the Registrar under
this section shall be final and conclusive, and shall not be called in
question in any Court.
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18-B.
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(1)
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Where the Registrar is satisfied that it
is essential-
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(a)
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For ensuring economic viability of one or
more primary agricultural credit societies;
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(b)
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For avoiding overlapping or conflict of
jurisdictions of such societies in any area;
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(c)
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In order to secure the proper management
of one or more such societies
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(d)
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In the interest of the credit structure
or co-operative movement in the State as a whole:
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(e)
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in the interest of the depositors; or
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(f)
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for any other reason in the public
interest,
that two or more primary agricultural credit societies should be amalgamated, then notwithstanding anything contained in section 17, the Registrar may, after consulting such federal society or other authority as may be notified by the State Government in this behalf, by order published in the Official Gazette, provide for the amalgamation of those societies into a single society. The constitution, property, rights, interests and authorities and the liabilities, duties and obligations of the amalgamated society shall be such as may be specified in the order. Such order may provide for the reduction of the interest or rights which the members, depositors, creditors, employees and other persons may have in, or against, any society to be amalgamated to such extent as the Registrar considers necessary in the interest of such persons for the maintenance of the business of that society, having due regard to the proportion of the assets of such society, to its liabilities. Such order may also contain such incidental, consequential and supplemental provisions as may, in the opinion of the Registrar, are necessary to give effect to the amalgamation of the societies. |
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Provided that, such notified
federal society or the other authority shall communicate its opinion to the
Registrar within a period of forty-five days from the date of receipt of
communication, failing which it shall be presumed that such notified federal
society or other authority has no objection to the scheme of amalgamation and
the Registrar shall be at liberty to proceed further to take action
accordingly. [* Was inserted By MAH.
XXIV of 1961]
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(2)
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No order shall be made under sub-section
(1), unless -
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(a)
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a copy of the proposed order has been
sent in draft to each of the societies concerned;
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(b)
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the Registrar has considered and made
such modifications in the draft order as may seem to him desirable in the
light of any suggestions or objections which may be received by him within
such period (not being less than two months from the date on which the copy
of the proposed order was received by the societies) as the Registrar may fix
in that behalf, either from the societies or any members, depositors, creditors,
employees or other persons concerned.
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(3)
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When any order is made by the Registrar
under sub-section (1), the provisions of sub-sections (3) to (7) (both
inclusive) of Section 18-A shall, mutatis mutandis apply to such order, in
the same manner as they are applicable to any order made by him under
sub-section (1) of that section.
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18-C.
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(1)
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Where the area of operation of any
society or societies is restricted to any district, Taluka, municipal area or
any other local area and such area is divided into two or more areas, or merged
in any other area, or is diminished or increased or otherwise altered, under
any law for the time being in force and the State Government is satisfied
that in the public interest or in the interest of the co-operative movement,
or in the interest of the society or societies, or for the purpose of proper
demarcation of area of operation for the societies in each area, it is
essential to reorganize any such society or societies, the State Government
may by an order, published in the Official Gazette, and in such other manner
as it deems fit, provide for division of any existing society into two or
more societies, amalgamation of two or more existing societies into one
society, dissolution of any existing society or reconstitution of any
existing society, affected by the territorial changes.
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(2)
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An order made under sub-section (1) may
provide for all or any of the following matters namely:—
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(a)
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The division of an existing society into
two or more societies and the area of operation of each society;
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(b)
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the amalgamation of two or more existing
societies into one society and area of its operation;
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(c)
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the dissolution of any existing society ;
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(d)
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the reorganization of any existing
society and the area of its operation;
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(e)
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the removal of the committee of any
existing society and the “appointment of
an authorised officer or an interim committee of management from amongst the
active members of that society”, [* Was
Substituted By MAH. XXIV of 1961] to manage the affairs of the existing
society of the new society or societies, under the control and direction of
the State Government, for a period not exceeding two years, as may be
specified in the order or until the successor committee of the concerned
society is duly constituted, whichever is earlier:
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Provided that the period of two years may
be extended by the State Government from time to time, so however that the
total period does not exceed three years in the aggregate; [* was deleted By MAH. XXIV of 1961]
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Provided further that, it shall be
competent for the State Government to alter and appoint, from time to time,
during the said period or extended period and for any reason whatsoever, any
other Administrator or an interim committee of management or any or all the
members of such committee, as it deems fit, notwithstanding that the term of
extended term of office of the Administrator or an interim committee of
management or of any or all the members of such committee has not expired. [* was deleted By MAH. XXIV of 1961]
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(f)
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in the case of an existing federal
society, the transfer of any of its members societies as member of another
federal society named in the order;
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(g)
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the transfer, in whole or in part, of the
assets, rights and liabilities of any existing society, including the rights
and liabilities under any contract made by it, to one or more societies and
the terms and conditions of such transfer;
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(h)
|
the substitution of any such transferee
for the existing society, or the addition of any such transferee, as a party
to any legal proceeding or any proceeding pending before an officer or
authority, to which the existing society is a party; and the transfer of any
proceedings pending before the existing society or its officer or authority
to any such transferee or its officer or authority;
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(i)
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the transfer or re-employment of any
employee of the existing society to, or by, such transferee and the terms and
conditions of service applicable to such employees after such transfer or
re-employment:
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Provided that, the terms and conditions
of any such employee shall not be made less favorable than those applicable
to him while in the service of the existing society, except with the previous
approval of the State Government;
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(j)
|
the application of the bye-laws of the
existing society to one or more societies without any modifications or with
such modifications as may be specified in the order;
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(k)
|
All incidental, consequential and
supplementary matters as may be necessary or expedient to give effect to the
order made under this section.
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(3)
|
Notwithstanding anything contained in the
Transfer of Property Act, 1882, or the Registration Act, 1908, the order
issued under this section shall be sufficient conveyance for transfer of the
assets, rights and liabilities of the existing society as provided in the
order.
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(4)
|
Any order made by the State Government
under this section shall be final and conclusive and shall not be called in
question in any Court.
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(5)
|
Except otherwise provided by this section
or by any order issued there under, the provisions of this Act and the rules
and orders issued there under, shall in all other respects apply to the
existing societies and the new or reorganized societies formed under this
section.
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19.
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Where a proposal for a compromise or
arrangement-
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||
(a)
|
between a society and its creditors, or
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(b)
|
between a society and its members, is
approved at a special general meeting, called for the purpose, the Registrar
may, on the application of the society or of any member or of any creditor of
the society, or in the case of a society, which is being wound up, of the
Liquidator, order reconstruction in the prescribed manner of the society.
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20.
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||
(1)
|
Any two or more societies may, with the
prior approval of the Registrar, by resolution passed by three-fourths
majority of the members present and voting at a general meeting of each such
society, enter into partnership for carrying out any specific business or
businesses, provided that each member has had clear ten days' written notice
of the resolution and the date of the meeting.
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Provided that, in case of a society which
has not taken any financial assistance from the Government, in the form of
share capital, loan or guarantee, the prior approval of the Registrar for entering
into such partnership shall not be required.
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(2)
|
Nothing in the Indian Partnership Act,
1932, shall apply to such partnership.
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20-A.
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||
(1)
|
Any society or societies may, with the
prior approval of the State Government, and subject to such terms and
conditions as the State Government may impose and in such manner as may be
prescribed, enter into collaboration with any Government undertaking or any
undertaking approved by the State Government for carrying on any specific
business or businesses, including industrial investment, financial aid or
marketing and management expertise.
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(2)
|
Before approving any such scheme of
collaboration by any society or societies under sub-section (1), the State
Government shall have due regard to the following matters, namely :
|
|
(a)
|
that the scheme is economically viable;
|
|
(b)
|
that it can be implemented without, in
any way, eroding the cooperative character of the society or the societies
concerned;
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|
(c)
|
That the scheme is in furtherance of the interests
of the members of the society or a society concerned, or is in the public
interest and in the interest of the co-operative movement in general.
|
|
Provided that, no prior approval of the
State Government shall be necessary in case of a society which has not taken
any financial assistance from the Government in the form of Share capital,
loan or guarantee and such society, may enter into collaboration with any
undertaking with the prior approval of its general body if the requirements
laid down in clauses (a), (b) and (c) of sub-section (2) are being fulfilled
in case of such society.
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||
21.
|
||
The Registrar shall make an order
canceling the registration of a society if it transfers the whole of is
assets and liabilities to another society, or amalgamates with another
society, or divides itself into two or more societies or if its affairs are
wound up, or it is de-registered under the provisions of sub-section (1) of
Section 21-A or winding up proceedings in respect of the society are closed
or terminated under Section 109. The society shall, from the date of such
order of cancellation, be deemed to be dissolved and shall cease to exist as
a corporate body.
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||
21-A.
|
||
(1)
|
If the Registrar is satisfied that any
society is registered on misrepresentation made by applicants, or where the
work of the society is completed or exhausted or the purposes for which the
society has been registered are not served, or any primary agricultural
co-operative credit society using the word ‘Bank’, ‘Banking’, ‘Banker’ or any
other derivative of the word ‘Bank’ in its name he may, after giving an
opportunity of being heard to the Chief Promoter, the committee and the
members of the society, de-register the society:
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|
Provided that, where the number of
members of the society is so large and it is not possible to ascertain the
correct addresses of all such members from the records in the office of the
Registrar and, in the opinion of the Registrar it is not practicable to serve
a notice of hearing of each such individual member, a public notice of the
proceedings of the de-registration shall be given in the prescribed manner
and such notice shall be deemed to be notice to all the members of the
society including the Chief Promoter and the members of the Committee of the
Society, and no proceeding in respect of the de-registration of the society
shall be called in question in any court merely on the ground that individual
notice is not served on any such member.
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||
(2)
|
When a society is de-registered under the
provisions of subsection (1), the Registrar may, notwithstanding anything
contained in this Act or any other law for the time being in force, make such
incidental and consequential orders including appointment of Official Assignee
as the circumstances may require.
|
|
(3)
|
Subject to the rules made under this Act,
the Official Assignee shall realize the assets and liquidate the liabilities
within a period of one year from the date he takes over the charge of
property, assets, books, records, and other documents, which period may, at
the discretion of the Registrar, be extended from time to time, so however,
that the total period does not exceed three years in the aggregate.
|
|
(4)
|
The Official Assignee shall be paid such
remuneration and allowances as may be prescribed; and he shall not be
entitled to any remuneration whatever beyond the prescribed remuneration or
allowances.
|
|
(5)
|
The powers of the Registrar under
Sub-sections (1) and (2) shall not be exercised by any “officer below the
rank of a Joint Registrar of Co-operative Societies”.
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