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section 31

Supersession of Governing Body and appointment of Officer

The Lakshadweep Registration of Societies Regulation, 2025
Corporate202563 sections14 chapters
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Chapter XI INQUIRY AND SUPERSESSION OF GOVERNING BODY

Statutory text
  1. (1) Where, based on inspection, inquiry or audit under this Regulation, the Registrar submits a report or recommendation indicating that the Governing Body or a society is not functioning in accordance with the provisions of this Regulation or is acting against the interest of its members, the Registrar shall forward such report or recommendation to the Registrar General.
  2. (2) Upon receipt of the report, if the Registrar General is of the opinion that a prima facie case is made out for supersession of the Governing Body, he shall issue a show cause notice indicating the proposed action, consider the response of the society, and if so requested, provide an opportunity of hearing, before passing appropriate order.
  3. (3) The Registrar General, after considering the reply, shall pass an order and may appoint an Officer to manage the affairs of the society with such directions as deemed appropriate and the orders passed by the Registrar General in this behalf shall be final.
  4. (4) The Officer so appointed under sub-section (2), shall be a Group “B” Officer or of equivalent rank in the service of the Government or any statutory authority or such person who may have retired from a Group “B” or equivalent post from the Government or the Central Government or a statutory authority.
  5. (5) Where a retired person is appointed as the Officer, the Registrar General may fix the honorarium or remuneration to be paid to the Officer during the course of his appointment at the prescribed rates and direct such expenditure to be defrayed from the funds of the society.
  6. (6) The Officer appointed under sub-section (3) may hold office for a period which shall not exceed one year in the first instance, but whose term may be extended for such further period, as considered necessary, subject to the same not exceeding three years in total.
  7. (7) On the appointment of the Officer, the Governing Body shall cease to exercise any powers and perform and discharge any functions or duties conferred or imposed on it under this Regulation or the bye-laws.
  8. (8) The Officer shall exercise all the powers of the Governing Body and perform all such functions or duties during the course of his appointment as provided in the bye-laws, subject to any directions from the Registrar General.
  9. (9) The Officer may, before the expiry of his term, take necessary action to hold the election of the Governing Body, if so required.
  10. (10) If the Officer is, for reasons beyond his control, not able to hold the election of the Governing Body or fails to convene a meeting of the General Body, as the case may be, or in spite of such meeting having been convened, the General Body fails to elect the Governing Body, the Officer shall forthwith send a report to the Registrar who may pass such orders, as may be considered necessary or expedient, either extending the term of appointment of the Officer for a further period or, if satisfied that public interest so necessitates, for the dissolution of the society.
  11. (11) The Registrar may, if he thinks appropriate, appoint a committee to advise and assist the Officer so appointed for exercise of the powers and discharge of the duties and functions conferred or imposed on him under this Regulation.
  12. (12) Where an order of dissolution is passed under sub-section (10), further action shall be taken in accordance with the provisions of this Regulation.
  13. (13) The members of the committee referred to in sub-section (11) shall have such qualifications, as may be prescribed and shall hold the office during the pleasure of the Registrar.

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