Proposal by Registrar for amalgamation, division and reorganisation in public interest etc.

The Rajasthan Co-Operative Societies Act, 2001

Corporate2001128 sections16 chapters

Read full ActSections

Chapter II INCORPORATION

Statutory text

(1) Where the Registrar is satisfied that it is essential in the public interest or in the interest of the co-operative movement or for the purpose of securing the proper management of any co-operative society that two or more co-operative societies should be amalgamated or any cooperative society should be reorganised or should be divided to form two or more societies then, notwithstanding anything contained in section 12, but subject to the provisions of this section, he shall propose the amalgamation, division or reorganisation, of these societies into a single society, or into societies with such constitution, property rights, interests and authorities and such liabilities, debts and obligations, as may be specified by him. The Registrar shall send the proposals to the Chairperson and the Chief Executive Officer of the society, requiring the proposals to be considered and decided in the general body meeting of the society within a period of three months.
(2) If the society communicates its consent to the proposal made under subsection (1), the Registrar shall pass the orders of the amalgamation, division or reorganisation as the case may be.
(3) If, within the period specified under sub-section (1), the society fails to take any decision on the proposal of the Registrar, the proposed amalgamation, reorganisation or division shall, on the completion of such period, be deemed to have been consented to by the society and accordingly the Registrar shall pass the necessary orders.
(4) Notwithstanding anything contained in this section, the powers of dividing or reconstituting a co-operative society, after affording it an opportunity of being heard and with the prior approval of the Government, for the purpose of constituting a news co-operative society in the State shall vest in the Registrar.
(5) No order under this section shall be made unless -
- (a) a copy of the draft of the proposed order has been sent to the society or each of the societies concerned,
- (b) the Registrar has considered and made such modifications in the draft as may seem to him desirable in the light of any suggestions and objections, which may be received by him within such period as the Registrar may fix in that behalf either from the society or from any member or class of members thereof or from any creditor or class of creditors.
(6) The order referred to in sub-section (2) or (3) may contain such incidental, consequential and supplemental provisions as may, in the opinion of the Registrar, be necessary to give effect to the amalgamation, division or reorganisation.
(7) Every member or creditor of each of the societies to be amalgamated, divided or reorganised, who has objected to the scheme of amalgamation, division or reorganisation, within the period specified, shall be entitled to receive, on the issue of order of amalgamation, division or reorganisation, his share or interest if he is a member and the amount in satisfaction of his debts if he is a creditor.
(8) On the issue of an order under sub-section (2) or (3), the provisions contained in sub-sections (7) and (8) of section 12 shall apply to the society so amalgamated, divided or reorganised as if they were amalgamated, divided or reorganised under that section, and to the society amalgamated, divided or reorganised

Study data processing for this section.

PDF: pending for this language.