section 2
2. Amendment of section 31, Rajasthan Act No. 16 of 2002.-
The Rajasthan Co-operative Societies (Amendment) Act, 2023In sub-section (1) of section 31 of the Rajasthan Co-operative Societies Act, 2001 (Act No. 16 of 2002), hereinafter referred to as the principal Act,-
(i) in second proviso, for the existing punctuation mark "." appearing at the end, the punctuation mark ":" shall be substituted and after the second proviso so amended, the following new proviso shall be added, namely:-
"Provided also that where accounts of a society is to be audited under section 54 or inquiry is to be conducted under section 55 or an inspection is to be conducted under section 55-A, the records, books and accounts of the society or any other such documents required for, shall be handed over to the person authorized for audit or enquiry or inspection.";
(ii) for the existing sub-section (2), the following shall be substituted, namely:-
"(2) If any such outgoing officer or member, refuses to hand over the charge of the record and property to the Chief Executive Officer or the Secretary or the Chairperson or the Liquidator of the society or the person authorized for audit or inquiry or inspection or as the case may be, or where the Registrar 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, the Registrar himself or the person authorized by him shall have the power to search and seize such records and property. The records and property so seized shall be handed over to the Chief Executive Officer or the Secretary or the Chairperson or the Liquidator of the society or the person authorized for audit or inquiry or inspection or any person authorized by the Registrar, as the case may be."; and
(iii) for the existing sub-section (3), the following shall be substituted, namely:-
"(3) The provisions of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974), relating to searches or seizures shall apply mutatis mutandis to every search or seizure made under this section.".
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