REGISTRATION
3.
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Deleted
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4.
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Application for registration and
registration fees:-
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(1)
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Every application for registration of a society under Section 8 shall be made in Form 'A' in
Marathi, Hindi or English, and shall, subject to the provisions of
sub-section (2) of Section 8 and sub-rules (2) and (3), be signed by the
applicants and shall, in addition to four copies of the proposed bye-laws of
the society, be accompanied by:
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(a)
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a list of
persons who have contributed to the share capital, together with the amount
contributed by each of them, and the entrance fee paid by them;
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(b)
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a
certificate from the Bank or Banks stating the credit balance therein in
favour of the proposed society;
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(c)
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a scheme
showing the details explaining how the working of the society will be
economically sound and, where the scheme envisages the holding of immovable
property by the society, the description of such property proposed to be
purchased, acquired or transferred to the society;
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(d)
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such other
documents as may be specified in the model bye-laws, if any, framed by the
Registrar;
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(e)
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the
registration fees at the following rates, namely; —
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Rs.
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(i)
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Agricultural
Societies
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(a)
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Marketing
Societies
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1, 250
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(b)
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Other
Agricultural Societies
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150
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(ii)
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Crop
Protection Societies
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250
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(iii)
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Lift
Irrigation Societies
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250
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(iv)
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Consumers'
Societies
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(a)
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Canteens
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500
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(b)
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Primary
Consumer Stores in
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150
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(i)
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Rural Area
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250
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(ii)
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Urban Area
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2500
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(c)
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Wholesale
Consumer Stores
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1600
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(d)
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Departmental
Consumer Stores
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5000
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(v)
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Co-operative
Banks
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(a)
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Central Bank
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5000
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(b)
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Other Banks
(excluding Salary Earners' Co-operative Societies)
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2, 500
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(c)
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Salary
Earners' Co-operative Societies
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500
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(vi)
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Farming
Societies
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(a)
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Collective
Farming Societies
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150
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(b)
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Joint
Farming Societies
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150
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(c)
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Dairy
Farming Societies
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150
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(vii)
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Housing
Societies (excluding societies of Backward Class persons)
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(a)
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Tenant
Ownership Housing Societies
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2, 500
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(b)
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Tenant
Co-partnership Housing Societies
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2, 500
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(c)
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Other
Housing Societies
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2, 500
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(viii)
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Housing
Societies of Backward Class Persons
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50
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(viii)(a)
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Housing
Societies of Lok Awas Yojana
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50
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(ix)
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Processing
Societies
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(a)
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Agricultural
Processing Societies (excluding Sugar Factories and Spinning Mills)
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1, 250
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(b)
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Industrial
Processing Societies
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500
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(X)
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Co-operative
Sugar Factories
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25,000
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(xi)
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Co-operative
Spinning Mills
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15, 000
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(xii)
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Producers'
Societies
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(a)
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Industrial
Producers Societies
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150
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(xiii)
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Resources
Societies
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(a)
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Credit
Resource Societies(excluding Salary earners Societies)
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(i)
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Agriculture
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150
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(ii)
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Urban Credit
Societies
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250
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(b)
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Non-credit
Resource Societies
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150
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(c)
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Service
Resource Societies
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150
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(xiv)
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General
Societies
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(a)
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Social
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250
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(b)
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Commercial
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1, 250
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(xv)
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Societies
not falling under any of the above entries
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500
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(2)
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Where any member of a society to
be registered is a registered society, a member of the committee of such
registered society shall be authorised by that committee by a resolution to
sign the application for registration and the bye-laws on its behalf, and a
copy of such resolution shall be appended to the application.
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(3)
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Where any
member of a society to be registered is a firm, company, other corporate
body, society registered under the Societies Registration Act. 1860, or local
authority or public trust registered under any law for the time being in
force for the registration of such trusts, then such firm, company, corporate
body, society, local authority or public trust, as the case may be, shall
duly authorise any person to sign the application for registration and the
bye-laws on its behalf, and a copy of the resolution giving such authority
shall be appended to the application.
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(4)
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The
application shall be sent to the Registrar by registered post or delivery by
hand.
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5.
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Registration:-
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(1)
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On receipt
of an application under Rule 4, the Registrar shall enter particulars
of the application in the register of application to be maintained in Form
'B', give a serial number to the application and issue a receipt in
acknowledgement thereof.
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(2)
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The
Registrar may give, wherever necessary, opportunity to the promoters to
modify the proposed bye-laws before finally registering the society or
rejecting the application for registration of the society.
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(2)
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On
registering a society and its bye-laws under sub-section (1) of Section 9, the Registrar shall as soon as may be, notify the registration of the
society in the Official Gazette and grant to the society, a certificate of
registration signed by him and bearing his official seal and containing the
registration number of the society, and the date of its registration. The
Registrar shall also furnish the society with a certified copy of the
bye-laws approved and registered by him.
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6.
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Form of
report under Section 9(2):-
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The report
to be made by the Registrar to the State Government under sub-section
(2) of Section 9 shall be in Form 'C'
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7.
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Refusal of
Registration:-
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Where any society does not furnish the information in regard to
the society as required by the Registrar or fulfills any of the conditions
laid down in the Act or these rules, the Registrar may refuse to register that
society.
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8.
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Matters in respect of which Registrar may direct society to make
bye-laws or society may make by-laws:-
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(1)
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The
Registrar may require a society to make bye-laws in
respect of all or any of the following matters, that is to say—
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(a)
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the name of
the society and address of the society and its branches;
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(b)
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the area of
operation;
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(c)
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the objects
of the society;
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(d)
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the manner
in which and the limit up to which the funds of the society may be raised,
the maximum share capital which any one member may hold and the purpose to
which the funds would be made applicable;
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(e)
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the terms
and qualifications for admission to membership;
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(f)
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the
privileges, rights, duties and liabilities of members including nominal,
associate and sympathizer members;
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(g)
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the
consequences of default in payment of any sum due by a member;
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(h)
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conditions
regarding sale or disposal of produce of members, wherever applicable;
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(i)
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in the case
of credit societies—
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(i)
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the maximum
loan admissible to a member;
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(ii)
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the maximum
rates of interest on loans to members;
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(iii)
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the
conditions on which loans may be granted to members and penalties for
misapplication of loans so advanced;
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(iv)
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the
procedure for granting extension of time for the repayment of loans and
advances;
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(v)
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the
consequences of default in payment of any sum due;
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(vi)
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the
circumstances under which a loan may be recalled;
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(j)
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in the case
Of non-credit societies, the mode of conducting business such as manufacture,
purchase, sale, stock taking and other like matters;
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(k)
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in the case
of a composite society, that is to say, society having both credit and
non-credit functions, matters referred to in clauses (i) and
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(l)
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the mode of
holding meetings, of the general body and of the committee;
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(m)
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the
procedure for expulsion of members;
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(n)
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the manner
of making, altering and abrogating bye-laws;
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(o)
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the mode of
appointment either by election or otherwise and removal of members of the
committee and other officer, if any, their duties and powers;
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(p)
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the
Chairman's powers, duties and functions and his removal on his losing support
of the majority;
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(q)
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the method
of recruitment, the conditions of service and the authority competent to fix, revise or regulate the scale of pay and allowances
of salaried officers and servants of the society and the procedure to be
followed in the disposal of disciplinary cases against them;
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(r)
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the mode of
custody and investment of funds and mode of keeping the accounts and records;
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(s)
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the disposal
of net profits;
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(t)
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the manner
in which penalty should be levied on a member who is found to be guilty of
breach of bye-laws;
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(u)
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appointment
of a provisional committee, where necessary;
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(v)
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the mode of
appointment and removal of committee and its powers and duties;
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(w)
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the mode of
convening annual and special general meetings, issue of notices, and the
business which may be transacted thereat;
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(x)
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in the event
of winding up of the society, the purpose for which surplus assets, if any,
shall be utilised;
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(y)
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the conduct
of elections to the committee and other bodies of the society as provided in
the bye-laws, including the number of members to be elected by different
constituencies and appointment of Returning Officer;
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(z)
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any other
matters incidental to the management of its business.
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(2)
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A society
may make bye-laws for all or any of the following matters, that is to say—
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(a)
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the
circumstances under which withdrawal from membership may be permitted;
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(b)
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the
procedure to be followed in cases of withdrawal, ineligibility and death of
members;
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(c)
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the
conditions, if any, under which the transfer of share or interest of a member
may be permitted;
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(d)
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the method
of appropriating payments made by members from whom moneys are due;
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(e)
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the
authorization of an officer or officers to sign documents and to institute
and defend suits and other legal proceedings on behalf of the society;
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(f)
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the
constitution and maintenance of various funds as required to be maintained
under the provisions of the Act, rules and bye-laws;
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(g)
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Constitution
of representative body consisting of delegates of members of the society and
the mode of election of such delegates to exercise the powers of the general
body of members and to specify the powers which may be exercised by such
smaller body.
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9.
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First
bye-laws of a society:-
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When a
society has been registered the bye-laws of the society as approved
and registered by the Registrar shall be the bye-laws of the society.
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10.
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Classification
and sub-classification of societies:-
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(1)
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After
registration of a society, the Registrar shall classify the society
into one or other of the following classes and sub-classes of societies prescribed
below according to the principal object provided in its bye-laws:
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Class
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Sub-Class
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Examples of societies falling in
the class or sub-class, as the case may be
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(1)
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(2)
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(3)
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1
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Agricultural Society
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(a)
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Marketing Society
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All Purchase and Sale Unions and
Marketing Societies of Agricultural Produce.
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(b)
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Other Agricultural Societies
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Dairy and Cattle Breeding
Societies
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1A
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Crop Protection Society
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1B
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Life Irrigation Society
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2
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Consumers' Society
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Stores and Canteens
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3
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Co-operative
Bank
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(a)
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Central Bank
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District Central Banks
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(b)
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Other Banks
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Urban Banks
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3A
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Land Development Bank having provisions in their bye-laws to advance loans
to Co-operative Societies
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4
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Farming Society
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(a)
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Collective Farming Society
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Farming Societies where major
area of lands is acquired from outside Agency for cultivation by members.
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(b)
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Joint Farming Society
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Societies where the major area of
land brought together for cultivation is held by members.
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(c)
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Dairy Farming Society
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Farming societies undertaking
dairy activities complimentary to their arable farming activities or vice
versa
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5.
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Housing Society
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(a)
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Tenant Ownership Housing
Societies
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Housing Societies where land is
held either on lease-hold or free-hold basis by societies and houses are owned
or are to be owned by members.
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(b)
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Tenant Co-partnership Housing
Societies
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Housing Societies which hold
Housing Society both land and buildings either on lease-hold or free-hold
basis and allot them to their members.
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(c)
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Other Housing Societies
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House Mortgage Societies and
House Construction Societies.
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6.
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Processing Society
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(a)
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Agricultural Processing Society
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Societies, which process
agricultural produce like co-operative Sugar Factories and Oil Mills.
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(b)
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Industrial Processing Society
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Wool Processing and Tanners
Societies.
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7.
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Producers' Society
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(a)
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Industrial Producers'
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Weavers and Carpenters Societies
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(b)
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Laborers Industrial
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Forest Laborers Societies and
Labour Contract Societies.
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8.
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Resource Society
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(a)
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Credit Resources Society
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Agricultural Credit Thrift Urban
Credit and Salary Earners Soc.
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(b)
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Non-Credit Resources Society
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Seeds and implements and
Agricultural Requisites Society
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(c)
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Service Resources Society
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Service Co-operative and
Multipurpose Co-operative Societies.
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9.
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General Society
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(a)
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Social
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Better Living Societies and
Education Societies
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(b)
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Commercial
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Insurance and Motor Transport
Societies
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(c)
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Other
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Not falling in either of the
above sub-classes.
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(2)
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If the
Registrar alters the classification of a society from one class of society to
another, or from one sub-class thereof to another, he shall issue to the
society a copy of his order as in the case of an amendment of the bye-laws.
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11.
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Maintenance
of register:-
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(1)
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The register
to be maintained by the Registrar under sub-section (4) of Section 9
shall be in Form 'D'
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(2)
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The
Registrar shall divide the register into parts, one for each district in the State. A society shall be registered in that part, for a district in
which its head office is situated.
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(3)
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The
Registrar shall assign for each district and each class or sub-class of
societies, a code symbol, for giving registration numbers to the societies
and the societies shall be registered from the dates specified by him.
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12.
|
Amendment of
bye-laws:-
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(1)
|
Subject to
the provisions of this rule, bye-laws of a society may be amended by passing
a resolution at a general meeting of the society held for that purpose.
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(2)
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The society
shall give due notice in accordance with its bye-laws to all the members for
considering any amendment thereof.
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(3)
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An amendment
shall be deemed to have been duly passed, if a resolution in that behalf is
passed at a general meeting by not less than two-thirds of the members
present thereat, and voting.
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(4)
|
After the
resolution is passed, a copy thereof shall, within a period of two months
from the date of the meeting at which the resolution was passed, be furnished
to the Registrar along with, —
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(a)
|
a copy of
the relevant bye-laws in force with amendments proposed to be made in
pursuance of the resolution, together with reasons justifying such
amendments.
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(b)
|
four copies of the text of the bye-laws as it would stand after
amendment, signed by the officers duly authorised in this behalf by the
committee of the society;
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(c)
|
a copy of the notice given to the members of the society of the
proposal to amend the bye-law;
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(d)
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such other information as may be required by the Registrar.
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(5)
|
On receipt of a copy of the resolution and other particulars referred
to in sub-rule (4), the Registrar shall examine the amendment proposed by the
society and if he is satisfied that the amendment is not contrary to the Act
or the rules and is in the interest of the society and co-operative movement,
he may register the amendment and issue to the society a copy of the
amendment certified by him under sub-section (2) of Section 13. Where the
Registrar is of opinion that the proposed amendment may be accepted subject
to any modification, he may indicate to the society such modification after
explaining in writing his reasons there for.
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13.
|
Manner of calling upon society to make amendment to bye-laws:-
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(1)
|
Subject to
the provisions of this rule, the Registrar may by serving a notice in Form
'E' call upon a society to make such amendment to the bye-laws of the society
as he considers being necessary or desirable in its interest, within a period
not exceeding two months from the date of service of notice. The notice shall
state the exact amendment which the society should make.
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(2)
|
For the
purposes of sub-section (2) of Section 14, the Registrar shall send a copy of
the notice to the State Federal Society duly notified under that sub -section
with a request to offer its comments on the amendment within such time as may
be specified by him. If the State Federal Society fails to offer its comments
within the specified time, it may be presumed by the Registrar that the said
society has no objection to the amendment.
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(3)
|
If after
considering the comments of the State Federal Society, if any, the Registrar
considers that there is no objection to registering the amendment, he shall
send a written notice in Form 'F' by registered post to the registered
address of the society calling upon it to show cause in writing, or through a
properly authorised representative to appear before the Registrar on the date
specified in the notice, as to why the proposed amendment should not be
registered within the time specified in the notice in Form 'E'
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(4)
|
After the
expiry of the period specified in the notice in Form 'E' and after considering the reply, if any, of
the society and the views, if any, of the State Federal Society on such
reply, the Registrar may, after considering the objections of the society (if
any) to the proposed amendment, register the amendment.
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14.
|
Change in
name of society:-
|
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(1)
|
The name of
a society may be changed under Section 15 so however that it does not
refer to any caste or religious denomination and is not inconsistent with the
objects of society.
|
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(2)
|
Every change
in the name of a society shall be made by an amendment of its by-laws and
shall be notified in the Official Gazette.
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(3)
|
After the
change in the name is approved by the Registrar, the society shall send the
original registration certificate for amendment to the Registrar, who shall
return the same to the society duly amended.
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(4)
|
(4)
The Registrar shall enter the new
name in the register of societies maintained by him.
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15.
|
Change of
liability:-
|
|
(1)
|
The change
of liability of a society from unlimited to limited, and vice versa,
or in terms of multiple of share capital, shall be secured by passing a
resolution in that behalf at a general meeting of the society indicating in
clear terms the manner of changing the liability. The society shall give
thirty days' notice in writing of such meeting to all its members and
creditors and shall furnish them with copies of the resolution proposed to be
moved at the meeting. After the resolution is duly moved and passed, a copy
thereof shall be sent to the Registrar within thirty days of its passing.
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(2)
|
Every notice to be given by the society under sub-section (2) of
Section 16 shall be sent by post under
certificate of posting or otherwise to
the address of each of its members and creditors
as recorded in the books of the society. A copy of such notice shall be
exhibited on the notice-board of the society and a copy shall also be sent to
the Registrar for exhibition on the notice board in his office: and
thereupon, notice of the resolution to change the form or extent of its
liability shall be deemed to have been duly given to all its members and
creditors, notice not being sent to their correct address or notice not being
received by them, notwithstanding.
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(3)
|
For the
purpose of determining the claims of a member under clause (b) of sub-section
(4) of Section 16, the value of a share of a member in a society shall be
ascertained as follows: -
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(a)
|
In the case
of a society with unlimited liability, the value of a share shall be the
actual amount received by the society in respect of such share;
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(b)
|
In the case
of a society with limited liability, the value of a share shall be the amount
arrived at by a valuation based on the financial position of the society as
shown in the last audited balance sheet, provided that it shall not exceed
the actual amount received by the society in respect of such share.
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(4)
|
Any member
or creditor desiring to exercise his option under sub-section (2) of Section 16 shall inform the society accordingly in writing, and
when he does not propose to withdraw his entire shares or deposits, the
member or creditor shall clearly indicate in writing the
extent of his withdrawal. The society shall examine and draw up a scheme for
orderly payment of all claims in an equitable manner including shares, the
value of which shall be ascertained in accordance with the provisions of
sub-rule (3). The scheme may also provide for settlement of claims by mutual
agreement. Where the Registrar does not approve the scheme on the ground of
impracticability or undesirability, the resolution passed by the society
under sub-rule (1) shall be ineffective, and the
form and extent of liability of a society shall not be deemed to be changed
in accordance with resolution passed aforesaid.
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(5)
|
After the
Registrar approves the scheme, the society shall make payments to members and
creditors as provided in clause (b) of sub-section (4) of Section 16, make a
report to that effect to the Registrar and furnish the Registrar with a
proposal to amend the by-laws of the society duly passed in that behalf. On
receipt of the proposal, the Registrar shall register the amendment in
accordance with the provisions of Section 13.
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16.
|
Amalgamation,
transfer of assets and liabilities, division or conversion of societies:-
|
|
(1)
|
Every
society desiring to effect amalgamation, transfer of assets and
liabilities, division or conversion shall make an application to the
Registrar in that behalf, giving full details about such amalgamation,
transfer, division or as the case may be, conversion.
|
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(2)
|
On receipt
of such application, the Registrar may, after examining the details furnished
in the application and other particulars which he may call upon the society
to furnish, give his approval to the amalgamation, transfer, division or
conversion, if he considers such amalgamation, transfer, division or
conversion, as the case may be, to be in the interest of the society,
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(3)
|
After the
receipt of Registrar's approval under sub-rule (2), the society shall convene
a special general meeting by giving notice of at least 15 clear days to all
its members and creditors and pass a resolution for amalgamation, transfer of
assets and liabilities, division or conversion, as the case may be, by
two-third majority of the members present and voting at the meeting. The
resolution so passed shall contain the purpose and the full scheme indicating
how the proposed amalgamation, transfer, division or conversion would be
useful to the society and be given effect to. Where the scheme does not
involve transfer of liabilities of the society to another society, a statement
to that effect shall be made in the application to be made under sub-rule
(1). Where the scheme involves transfer of liabilities of the society, the
society shall give written notice in Form 'G' to all its members, creditors
and other persons whose interests are likely to be affected by such transfer.
The notice shall also be published in at least one newspaper in circulation
in the district in which the society's office is situated and a copy thereof
shall be exhibited on the notice-board in the society's and Registrar's
office
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Provided
that the State Government may, in the case of any society, dispense with the giving of such notice, regard being had to the extent of
liabilities, the financial position of the society and its members and other
relevant factors pertaining to such society.
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(4)
|
Within one
month from the date of notice referred to in sub-rule (3), the members,
creditors and other persons whose interests are likely to be affected by the
transfer of the society's liabilities may exercise their option as required
by clause (f) of the proviso to sub-section (0
of Section 17 failing which they shall be deemed to have assented to the
transfer of liabilities of the society to another society.
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(5)
|
The society shall meet in full and otherwise satisfy all claims of
members and creditors and other interested persons who exercise the option.
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(6)
|
The society shall submit a report to the Registrar of the action taken
by it and request him to give effect to its decision for amalgamation,
transfer, division or conversion by registering the amalgamated or converted
society or the new society, as the case may be, and canceling the
registration of the societies which have been amalgamated, divided or
converted.
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(7)
|
On receipt
of the report from the society under sub-rule (6), the Registrar shall, after
satisfying himself that the procedure has been properly followed, register
the amalgamated, divided or converted societies and cancel the registration
of the societies which have been amalgamated, divided or converted.
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17.
|
Direction by
Registrar for amalgamation, division and reorganization of societies:-
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(1)
|
Before
issuing any order under sub-section (I) of Section 18 providing for
the amalgamation, division or reorganization of any society or societies, the
Registrar shall prepare a draft scheme in respect of such amalgamation,
division or reorganization stating in particular the manner in which the new
committee or committees, of the society or societies resulting from such
amalgamation, conversion or reorganization shall be constituted and the
by-laws which such society or societies shall follow. The Registrar shall
then consult such federal society as may be notified by the State Government
in the Official Gazette, and after considering the suggestions, if any, that
will be made by such federal society, shall send a copy of the draft of the order
proposed to be issued by him under sub-section (i) of Section 18, to the
society or each of the societies concerned calling upon it or them to invite
objections or suggestions from any member or class of members thereof or fro
n any creditor or class of creditors and to submit such objections and
suggestions together with its own or their own suggestions and objections
within a period of not less than two months from the date on which the copy
of the draft aforesaid was received by it or them.
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(2)
|
The
Registrar shall consider all such suggestions and objections and make such
modifications in the draft order as may seem to him desirable in the light of
those suggestions or objections and then issue a final order under
sub-section (I) of Section 18.
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(3)
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Any member
or creditor of each of the societies to be amalgamated, divided or
reorganised, who has objected to the scheme of amalgamation, division or
reorganization within the period specified in sub-rule (i), may apply to the
Registrar for payment of his share or interest, if he be a member, and the
amount in satisfaction of his dues, if he be a creditor.
Such application shall be separate and distinct from the objection or suggestion
which he may have submitted to the society or the Registrar under clause (b) of sub-section (2) of Section 18. It shall be competent for the
Registrar to nominate an officer not below the rank of a Deputy Registrar to
investigate such applications and to determine the payments required to be
made to the members or creditors, as the case may be.
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(4)
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Subject to
the provisions of the Act, the rules and the by-laws, the Registrar may by
order require the society concerned to meet in full or satisfy otherwise all
due claims of the members and creditors and thereupon the society shall be
bound to meet in full or satisfy otherwise all due claims of the members and
creditors within such time as may be specified by the Registrar in the order.
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18.
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Reconstructions
of a society:-
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(1)
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An
application for reconstruction of a society under Section 19 may be
made, in Form 'H' On receipt of such application, the Registrar may. taking
into consideration the compromise or arrangement for reconstruction of the
Society, if he thinks fit, prepare a draft order indicating—
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(i)
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the manner
in which the amounts payable by the society to its creditors should be paid
and the amounts recoverable from its debtor-members should be recovered;
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(ii)
|
the manner
in which the share capital, if any, of such members should be reduced;
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(iii)
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the manner
in which the scheme of reconstruction should be implemented and
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(iv)
|
the manner
in which the by-laws of the society will stand amended in order to give
effect to the scheme of reconstruction.
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A copy of
the draft order shall be exhibited on the notice board of the society and a
copy thereof shall be exhibited on the notice board of the Registrar's Office
inviting objections and suggestions from all those interested within a
specified time, which shall not exceed one month.
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(2)
|
After taking
into consideration the objections and suggestions (if any) received, the
Registrar may issue am order approving such reconstruction or staying further
proceedings in respect of such reconstruction. On issue of an order approving
the reconstruction, the society shall stand reconstructed and the by-laws of
the society shall be modified to that effect and to that extent.
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18A.
|
Conditions
for realising the assets and liquidating the liabilities of the de-registered
society by the Official Assignee:-
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(1)
|
The Official
Assignee shall work under the general control, superintendence and
directions of the Registrar.
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(2)
|
He shall
have the following powers for the purposes of realising the assets and for
liquidating the liabilities of society which is de-registered under the
provisions of subsection (i) of Section 21 A. namely.—
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(a)
|
he shall
have powers to institute and defend any suit and other legal proceedings,
civil and criminal, on behalf of the de-registered society in the name of his
office;
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(b)
|
to carry on
the business of the society, so far as may be necessary for the beneficial
completion of the de-registration proceedings;
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(c)
|
to sell such
immovable and movable property and actionable claims of the de- registered
society generally by public auction or in exceptional cases by private
contract with prior approval of the Registrar;
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(d)
|
to
investigate all the claims against the de-registered society and subject to
the provisions of the Act, to decide questions of priority arising out of
such claims and to pay any class or classes of creditors in full or retable
according to the amount of such debts. However, the Official Assignee shall
pay all the liabilities in the following priority, namely—
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(i)
|
his
salaries, remuneration, allowances and other claims;
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(ii)
|
wages and
other payments to be made to the employees of the de-registered society
including arrears;
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(iii)
|
expenses
required for beneficial completion of de-registration proceedings;
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(iv)
|
taxes, charges,
fees and revenues, etc. Payable under any other law for. the time being in force and such other dues which are
recoverable as arrears of land revenue;
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(v)
|
any dues
payable under the decree of any Court;
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(vi)
|
deposits;
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(vii)
|
loans
payable to Government of India;
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(viii)
|
loans
payable to the State Government;
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(ix)
|
any other
dues payable to the Government of India;
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(x)
|
any other
dues payable to the State Government;
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(xi)
|
loans
guaranteed by the Government of India;
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(xii)
|
loans
guaranteed by the State Government;
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(xiii)
|
secured
loans;
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(xiv)
|
unsecured
loans;
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(xv)
|
shares of Government of India;
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(xvi)
|
shares of
State Government;
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(xvii)
|
shares of
any financial institution:
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(xviii)
|
shares of
Co-operative Societies;
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(xix)
|
shares of other body corporate;
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(xx)
|
shares of
members.
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(e)
|
to make any
compromise or arrangement, with creditors or persons claiming to be the
creditors of having or alleging themselves to have any claims,
present or future, whereby he may
be rendered liable;
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(f)
|
to
compromise all calls, or liabilities to calls, and debts and liabilities
capable of resulting in debts, and all claims present or future, certain or
contingent, subsisting or supposed to subsist between him and contributory or
alleged contributory or other debtors or person apprehending liability to him
and all questions in any way relating to or affecting the assets of
de-registration proceedings on such terms as may be agreed, and to take any
security for the discharge of any such calls, liability, debt or claim and
give a complete discharge in respect thereof:
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(g)
|
to determine
from time to time, after giving an opportunity to answer the claims, the
contribution to be made, or remaining to be made by the members or past
members of the de-registered society or by the estates, nominees, heirs or
legal representatives of the deceased members of de-registered society, or by
the officer, post officer of the estate or nominee, heirs or legal
representatives of deceased officer to the assets of de-registered society,
such contribution being inclusive of debts and dues from such members or
officers of the de-registered society;
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(h)
|
to determine
from whom and in what proportion the cost of de-registration and that of the
proceedings of de-registration shall be borne;
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|
(i)
|
to fix the
time or times within which the creditors shall prove their debts and claims;
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(j)
|
to summon
and enforce the attendance of witnesses and to compel the production of any
books, accounts, documents/securities, cash or other properties belonging to
the society de-registered which have vested in him but are in the possession
of any person or body corporate by same means and in the same manner as
provided in the case of civil case under the Code of Civil Procedure. 1908;
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(k)
|
to do all
acts and to execute in his name on behalf of the society de-registered all
deeds, receipts and other documents as may be necessary for finalisation of
proceedings of de-registration.
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(3)
|
Immediately
on his appointment, the Official Assignee shall proceed to realise the assets
of the society de-registered by sale or otherwise and liquidate the
liabilities.
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(4)
|
The Official
Assignee, during the tenure of office, present accounts of his receipts, not
less than twice in each year, to the Registrar. The Registrar shall cause the
accounts to be audited in such manner as he thinks fit and for the purpose of
audit, the Official Assignee shall furnish to the Registrar with such
accounts and information as he, or the person appointed by him, may require.
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(5)
|
The Official
Assignee shall on demand and on payment of such fee as he may determine
supply a copy of audited account to contributory.
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(6)
|
The Official
Assignee shall pay such fees as the Registrar may direct for the audit of
accounts and books kept by him or by the society de-registered.
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(7)
|
He shall be
held liable for any irregularities which might be discovered in the course or
as a result of audit or otherwise in respect of transaction subsequent to his
taking over the charge as Official
Assignee and may be proceeded against as if it were an act against which
action should be taken under Section 88.
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|
Provided
that no such action shall be taken unless the irregularities have caused or
likely to cause the loss, damage and have occurred due to gross negligence or
an act of omission or commission in carrying out duties and functions
assigned to him.
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||
(8)
|
He shall,
after settling assets and liabilities of the society de-registered as they
stood on the date of his appointment, proceed to determine the contribution
to be made or remaining to be made to the assets of the society de-registered
by any person and the property of such person and call upon each of them by
order to pay the amount specified in such order as contribution and as cost
of the proceedings after de-registration as determined under this rule after
approval of the Registrar. Every such order shall be submitted for approval
to the Registrar who may modify it or refer it back to the Official Assignee
for further enquiry or further action.
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(9)
|
If the sum
assessed against any person is not covered, the Official Assignee may issue
subsidiary order or orders against any other person or persons to the extent
of the liability of each for the debts of the society de-registered until the
whole amount due from such person is recovered. The provision of foregoing
rule shall mutatis mutandis apply to such order.
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|
(1O)
|
He shall
submit the progress report and such other reports and statements to the
Registrar, as the Registrar may require.
|
|
(11)
|
He may
empower one or more persons by general or special order in writing to make collection
and to grant valid receipts on his behalf.
|
|
(12)
|
He shall
have power to call meetings of creditors and contributories and it shall be
obligatory on all such persons to attend such meetings.
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|
(13)
|
The Official
Assignee may, at any time, be removed by the Registrar and he shall on such
removal hand over all the property and documents to such persons as the
Registrar may direct.
|
|
(14)
|
The Official
Assignee shall exercise only those powers under the Act and these rules as
may be determined by the Registrar by general or special order from time to
time and in the manner and subject to the conditions he may impose.
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|
(15)
|
He shall
maintain such books and accounts as the Registrar may require him to keep.
|
|
(16)
|
He shall
submit a final report to the Registrar. On acceptance of such report by the
Registrar, the Official Assignee shall, within 30 days, arrange to transfer
the entire surplus to the Registrar.
|
|
(17)
|
On the day
of acceptance of final report of the Official Assignee by the Registrar, all the assets of the society de-registered shall stand
vested in the Registrar and the liabilities, if any, remained to have been
liquidated, shall stand liquidated.
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|
18B.
|
Purposes for
investment of surplus by the Registrar:-
|
|
(1)
|
The Registrar shall dispose of the surplus vested in him under Rule 18A in any manner
at his discretion for the following purposes, namely, -
|
|
(i)
|
any object
of public utility, welfare activity, education, relief to poor, medical
relief and for any other charitable purpose defined in Section 2 of the
Charitable Endowment Act, 1890;
|
|
(ii)
|
any society
registered with similar object which the society de-registered had.
|
|
(2)
|
After the
Registrar accepts final report and the surplus is transferred to him, he may
terminate the appointment of Official Assignee, and from the date of such order the person appointed as Official Assignee shall cease to
function.
|
|
18C.
|
Manner of
issue of public notice of the proceedings of de-registration of society:
-
|
|
(1)
|
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 of the
office of the Registrar, and in the opinion of the Registrar it is not
practicable to serve notice of hearing on each such individual member as contemplated
under the proviso to sub-section (1) of Section 21 A, a public notice of the
proceedings of the de-registration of society shall be published in two local
newspapers having wide circulation in that locality in which the registered
office of the society proposed for de -registration is situated, and of which
at least one shall be in the Marathi language. A copy of the said public
notice shall be sent to the registered address of the society by registered
post acknowledgement due together with the directives to display it in the
office of the society. Such copy of the notice shall also be displayed on the
notice board in the office of the Registering authority. If the notice sent
by such registered post is returned undelivered, the notice shall be treated
as having been duly served, but a copy of the said notice shall be displayed
on the notice board in the office of the society.
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|
(2)
|
Such public
notice shall contain, amongst others, the following items, namely,—
|
|
(a)
|
the reasons
for initiating the proceedings for de-registration of the society;
|
|
(b)
|
the date by
which any aggrieved person may submit his written statements as to why the
proposed action should not be taken;
|
|
(c)
|
the date on
which and the place where the Registrar shall give an opportunity of being
heard to any aggrieved person;
|
|
(d)
|
the proposed action contemplated
under the provisions of sub-sections (2) Section 21 A.
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