section 88
Power of Administration to give directions in public interest, etc
The Dadra and Nagar Haveli and Daman and Diu Co-Operative Societies Regulation, 2024Corporate2024155 sections12 chapters
Chapter VII MANAGEMENT OF SOCIETIES
Statutory text
- (1) If the Administrator, on receipt of a report from the Registrar or otherwise, is satisfied that in the public interest or for the purposes of securing proper implementation of co-operative production and other development programmes approved or undertaken by the Administration or to secure the proper management of the business of the society generally, or for preventing the affairs of the society being conducted in a manner detrimental to the interests of the members or of the depositors or the creditors thereof, it is necessary to issue directions to any class of societies generally or to any society or societies in particular, the Administration may issue directions to them from time to time, and all societies or the society concerned, as the case may be, shall be bound to comply with such directions.
- (2) The Administrator may modify or cancel any directions issued under sub-section (1), and in modifying or cancelling such directions, it may impose such conditions as it may deem fit.
- (3) Where the Administrator is satisfied that any person was responsible for complying with directions or modified directions issued to a society under sub-sections (1) and (2) and he has failed, without any good reason or justification, to comply with the directions, the Administrator may by order,—
- (a) if the person is a member of the Committee of the society, declare him to be disqualified to continue as such member for a period of six years from the date of the order;
- (b) if the person is an employee of the society, direct the Committee to remove such person from employment of the society forthwith, and if any member or members of the Committee, without any good reason or justification, fail to comply with this order, declare them disqualified as provided in clause (a) Provided that, before making any order under this sub-section, the Registrar shall give a reasonable opportunity of being heard to the person or persons concerned and consult the federal society to which the society is affiliated: Provided further that, such federal society shall communicate its opinion to the Administrator within a period of forty-five days from the date of receipt of communication, failing which it shall be presumed that such federal society has no objection to take action under this section and the Administrator shall be at liberty to proceed further and take action accordingly.
- (4) Any order made by the Administrator under this section shall be final. Explanation.––For the removal of doubts, it is hereby clarified that the above provisions shall only be applicable where there is a Central Government’s or Administration’s shareholding or loan or financial assistance or any guarantee by the Central Government or Administration, to the society.
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