Amendment of Act 17 of 1961

In the Chhattisgarh Co-operative Societies Act, 1960 (No. 17 of 1961), (hereinafter referred to as the Principal Act), in section 58, for the existing provisos, the following provisos shall be substituted, namely:-

1. (27) In section 58, in the existing provisos, (i) for the words "Provided that" the words "Provided that the Registrar shall" shall be substituted.
2. (28) In section 58, the following provisos shall be added at the end, namely:- "58. Power to Seize Records.-
3. (1) Where the Registrar or any person authorized by him in this behalf is satisfied that the books and records of a society are likely to be suppressed, tampered with or destroyed, or the funds and property of a society are likely to be misappropriated or misapplied, he may apply to the nearest Magistrate having jurisdiction to seize and take possession of the records and property of the society.
4. (2) On receipt of an application under sub-section (1), the Magistrate may authorize any police officer, not below the rank of a Sub-Inspector, to enter and search any place where the records and property are kept or are likely to be kept, and to seize them in the presence of the Registrar or the person authorized by him.
5. (3) The Magistrate or the officer authorized by him, shall prepare a list of the records and property so seized and shall deliver a copy thereof to the society. The Registrar or the person authorized by him shall be responsible for the safe custody of the records and property so seized, until they are returned to the management of the society or to the person entitled to retain them in accordance with the provisions of this Act.
6. (4) Where the Registrar or the person authorized by him in this behalf is of the opinion that the books and records or property of the society are in the custody of any person, he may, by order in writing, direct such person to produce them before him or before such other officer as he may authorize in this behalf and such person shall comply with the direction: Provided that: (i) If such person fails to comply with the direction, the Registrar or the person authorized by him may apply to the nearest Magistrate having jurisdiction to seize and take possession of the records and property of the society; (ii) The provisions of sub-section (2) shall apply to the seizure of such records and property; (iii) The person from whose custody the records and property are seized shall be entitled to receive a copy of the list of such records and property.
7. (5) The application under sub-section (1) shall contain the grounds for the belief that the records or property are likely to be suppressed, tampered with, destroyed, misappropriated or misapplied and the list of the records and property proposed to be seized; and the Magistrate, if satisfied that there is a prima facie case, shall order the police officer to seize the records and property.
8. (6) While seizing the records and property, the police officer shall prepare a list of the records and property in the presence of two witnesses and the officer authorized by the Registrar, and shall obtain the signatures of the witnesses and the officer on the list. The police officer shall also give a copy of the list to the person from whose custody the records and property were seized.
9. (7) The police officer shall submit a report of the seizure to the Magistrate within 24 hours of the seizure. After the seizure, the Registrar or the person authorized by him shall be responsible for the safe custody of the records and property, in accordance with the provisions of this Act."