section 72
Appointment of custodian in certain circumstances
The Dadra and Nagar Haveli and Daman and Diu Co-Operative Societies Regulation, 2024Corporate2024155 sections12 chapters
Chapter VII MANAGEMENT OF SOCIETIES
Statutory text
- (1) Where in respect of any society—
- (i) a new Committee of Management is, for any reason whatsoever, not elected before the expiry of the term of office of members of a Committee of Management of such society;
- (ii) a new Committee has been elected and not functioning within a period of fifteen days (not being a Committee referred to in section 85);
- (iii) there is a stalemate in the constitution of the Committee, and if such Committee has ceased to function, a vacuum is created in the Management;
- (iv) any Committee is prevented from entering upon office;
- (v) a new Committee has failed to enter upon office on the date on which the term of office of the existing Committee expired; or
- (vi) where more than one group of persons in a society is claiming to be elected as the Committee members and proceedings in respect thereof have been filed, the Registrar shall, by an order in writing, appoint a person or a Committee of persons to be the custodian of the society to manage the affairs of the society for a period of one year or until a new Committee of Management is elected or, as the case may be, starts functioning: Provided that before making such order, the Registrar shall display a notice on the notice board at the head office of the society, inviting objections and suggestions with respect to the proposed order within a period specified in the notice and consider all objections and suggestions received by him within that period: Provided further that it shall not be necessary to display such notice in any case where Registrar is satisfied that immediate action is required to be taken or that it is not reasonably practical to display such notice.
- (2) The custodian shall arrange to hold election of such society within a period of one year and the Committee shall be constituted before the expiration of that period.
- (3) The custodian so appointed shall, subject to the control of the Registrar and to such instructions as he may from time to time give, have powers to exercise all or any of the functions of the Committee and take all such actions as may be required in the interest of the society.
- (4) All acts done or purported to be done by the custodian during the period when the affairs of the society are carried on by such custodian, shall be binding on the new Committee of Management.
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