Vidhi Codex

section 29

Power to inquire

The Andaman and Nicobar Islands Registration of Societies Regulation, 2026
Corporate202632 sections12 chapters
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Chapter XI INQUIRY AND SUPERSESSION OF THE GOVERNING BODY

Statutory text
  1. (1) Where on the information received or gathered under section 27 or on the application of a majority of the office bearers or on the application of not less than one-third of the members of the General Body, as the case may be, or, if so moved by the Government or Deputy Commissioner or the Registrar General or Registrar is of the opinion that the affairs of a society are being so conducted as to defeat the aims and objects of the society or its Governing Body is guilty of mismanaging its affairs or of any breach of fiduciary or other like obligations or to defraud its creditors, he may, either himself or by any person authorised by him in that behalf, hold an inquiry into the affairs of the society.
  2. (2) An application to the Registrar General or Registrar under sub-section (1) shall be supported by such evidence, as he may require for the purpose of showing that the applicant has good reason for making an application for an inquiry.
  3. (3) The Registrar General or the Registrar may require the applicants to furnish such security as he thinks fit as the cost of the proposed inquiry, before the inquiry is ordered.
  4. (4) All expenses incidental or preliminary to the inquiry shall, where such inquiry is held,––
    • (a) on application, be defrayed by the applicants thereof or out of the assets of the society or by the members of the society, in such proportion as the Registrar may, by an order in writing direct; and
    • (b) on a reference from the Deputy Commissioner of the Union territory or the Registrar be defrayed out of the assets of the society and shall be recoverable as arrears of land revenue.
  5. (5) A person holding an inquiry shall have, at all reasonable times, free access to all the documents and shall have power to call upon any office bearer to produce any of the document, as he may direct.
  6. (6) It shall be the duty of all office bearers, who were or are holding office, to furnish to the person holding inquiry with all the information or documents in their possession.
  7. (7) A person holding an inquiry may summon and examine any person on oath who, he has reason to believe, has knowledge of any affairs of the society and may summon any person to produce any books of account or documents belonging to him or in his custody, if the person holding inquiry has reason to believe that such books of account or documents contain any entries relating to transactions of the society.
  8. (8) A person holding an inquiry may, if in his opinion it is necessary for the purpose of inquiry, seize any or all the documents: Provided that any person from whose custody such documents are seized shall be entitled to a receipt thereof and make copies thereof.
  9. (9) If the inquiry is held by a person, other than the Registrar then he shall send the report to the Registrar along with his recommendations: Provided that if such inquiry is held by the Registrar himself, he shall forward the report to the Registrar General along with his recommendations.
  10. (10) The inquiry report shall be communicated to the society and the applicants, if any.

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