| Audit |
64. (1) The Registrar shall
audit or cause to be audited by a
person authorised by him by general
or special order in writing in this
behalf the accounts of every society
at least once in each co-operative
year. |
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2) The audit under sub-section
(1) shall include an examination of
overdue debt if any, the
verification of the case balance and
securities and a valuation of the
assets and liabilities of the
society. |
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(3) The person auditing the
accounts of a society shall have re
access to the books, accounts
papers, vouchers, stocks and other
property of such society and shall
be allowed to verify its case
balance and securities. |
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(4) the directors,
managers, administrators and other
officers of the society shall
furnish to the person auditing the
accounts of a society all such
information as to the society’s
transactions and working as such
person may require. |
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(5) The Registrar or the person
authorised by him under sub-section |
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(1) to audit the accounts of a
society shall have power where
necessary |
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(a) to summon at the time of his
audit any officer, agent, servant or
member of the society, past or
present, who he has reason to
believed can give valuable
information in regard to
transactions of the society or the
management of its affairs ; and |
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(b)to require
the production of any book or
document relating to the affairs of
or any cash securities belonging to
the society by any officer, agent,
servant , or member in possession of
such books, documents, cash or
securities and in the event of
serious irregularities discovered
during audit, to take them into
custody. |
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(6) If at the
time of audit the accounts of a
society are not complete, the
Registrar or the person authorised
by him under sub-section |
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(1) to audit may
cause the accounts to be written up
at the expense of the society. |
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(7) Audit fee,
if any, due from any society shall
be recoverable in the same murmur as
is provided in section 85 |
| Inspection of
societies |
65 The
Registrar, or any person authorised
by general or special order in this
behalf by him, may inspect a
society. For the purpose of
inspection, the Registrar or the
person so authorised by him shall at
all times have access to all books,
accounts, papers vouchers,
securities, stock and other property
of the society and may, in the vent
of serious irregularities discovered
during inspection, take them into
custody and shall have power to
verity the cash balance of the
society and to call a committee
meting or a general meeting as he
may deem necessary in the
circumstances. Every officer or a
member of the society shall furnish
such information with regard to the
working of the society as the
Registrar or the person making such
inspection may require. |
| Inquiry by Registrar |
66. (1) The
Register may of his own motion or on
application of a majority of the
members of the committee or of not
less than one-third of the members
of the society, hold an inquiry or
direct a person authorised by him by
order in writing in this behalf to
hold an inquiry into the
constitution, working and financial
condition of a society. |
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(2) The
registrar or the person authorised
by him under subsection (1) shall
have the following powers, namely. |
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(a) he shall at
all times have, for purpose of
examination, free access to the
books, accounts cash and other
properties belonging to or in the
custody of the society and may
summon any person in possession or
responsible for the custody of any
such books, accounts documents,
securities cash or other properties
to produce the same, at any place
specified by him. |
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(b) he may,
notwithstanding any rule or bye-laws
specifying the period of notice for
a general meting of the society,
require the officers of the society
to call a general meeting at such
time and place at the headquarters
of the society to consider such
matters, as may be directed by him;
and where the officers of the
society refuse or fail to call such
a meeting he shall have power to
call it himself ; |
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(c) he may
summon any person any who is
reasonable believed by him to have
any knowledge of the affairs of the
society to appear before him at any
place at the headquarters of the
society or any branch thereof and
may examine such person on oath. |
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(3) Any meeting
called under clause (b) of
sub-section (2) shall have all the
powers of a general meeting called
under the bye-laws of the society
and its proceedings shall be
regulated by such bye-laws. |
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(4) The
Registrar shall communicate a brief
summary of the report of the inquiry
to the society, the State
Co-operative Bank or a federal
society to which the society is
affiliated, and to the person or
authority, if any, at whose instance
the inquiry is made; |
| Inspection of book
of indebted societies |
67. (1) The
Registrar shall. On the application
of a creditor of a society, inspect
or direct some person authorised by
him by order in writing in this
behalf to inspect the books f the
society; |
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Provided that no
such inspection shall be made unless
the applicant |
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(a) satisfies
the registrar than the debt is a sum
then due, and that he has demanded
payment thereof and has not received
satisfaction within a reasonable
time; and |
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(b) deposits
with the Registrar such sum as
security for the cost of proposed
inspection as the Registrar may
require. |
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(2) The
Registrar shall communicate the
result of any such inspection to the
creditor. |
| Costs of inquiry |
68. Where an
inquiry is held under section 66, or
an inspection is made under section
67, the Registrar may apportion the
costs, or such of the costs, as he
may think fit, between the society
the members or creditors demanding
an inquiry or inspection and the
officers or former officer and the
members or past members of the
society as the case may be;
Provided, however, that – |
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(a) no order of
the apportionment of the costs,
shall be made under this section
unless the society or the person
liable to pay the costs there under
has had a reasonable opportunity of
being heard; and |
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(b) the
Registrar shall state in writing the
manner in which the costs are
apportioned. |
| Recovery of costs |
69. Any
sum awarded by way of costs under
section 68 may be recovered on
application to a magistrate having
jurisdiction in the place where the
person from whom the money is
claimable, actually and voluntarily
resides or carries on business and
such magistrate shall recover the
same as if it were a fine imposed by
himself. |
| Surcharge |
70. (1) Where in
the course of an audit, inquiry,
inspection or the winding up of a
society, it is fund that any person,
who is or was entrusted with the
organization or management of such
society or who is or has at any time
been an officer or an employee of
the society, has made any payment
contrary to this Act, the rules or
the bye-laws or has caused any
deficiency in the assts of the
society by breach of trust or
willful default or negligence or has
misappropriated or fraudulenently
retained any money or other property
belonging to such society, the
Registrar may, of his own motion or
on the application of the committee,
liquidator or any creditor, inquire
himself or cause an inquiry to be
made by any person authorised by him
by an order in writing in this
behalf. |
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(2) where an
inquiry is made under sub-section
(1). The Registrar or the person
authorised by him may, after giving
the person concerned an opportunity
of being heard, make an order,
requiring him to repay or restore
the money or property or any part
thereof, with interest at such rate,
or to pay contribution and
compensation to such extent, as the
Registrar or the person authorised
by him may consider just and proper. |
| Suspension of
officer or employee of society |
71. (1) Where in
the course of an audit under section
64 or an inquiry under section 65 or
an inspection under section 65 or
67, it is brought to the notice of
the registrar that a paid officer or
employee of the society has
committed or has been otherwise
responsible for misappropriation,
breach of trust or other offence, in
relation to the society, the
Registrar may, if he is satisfied
that is prime facie evidence against
such paid officer or employee and
the suspension of such paid officer
or employee is necessary in the
interest of the society, direct the
committee of the society, pending
the investigation and disposal of
the matter, to place or cause to be
place such paid officer or employee
under suspension from such date and
for such period as may be specified
by him. |
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(2) On receipt
of a direction from the Registrar
under sub-section (1) the committee
of the registered society shall,
notwithstanding any provision to the
contrary in the bye-laws, place or
cause to be placed such paid officer
or employee under suspension
forthwith. |
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(3) The
Registrar may direct the committee
to extend from time to time, the
period of suspension and the paid
officer or employee suspended shall
not be reinstated except with the
previous sanction of the Registrar. |