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State of Assam - Section

Section 98 in The Assam Co-operative Societies Rules, 1953

98. Issue of summons, notice, etc. by a liquidator.

(1)For carrying out the purposes of Section 66 the liquidator may issue summonses to persons whose attendance is required either to give evidence or to produce documents. He may compel the attendance of any person to whom summons have been issued and for that purpose issue a warrant for his arrest.
(2)The liquidator shall send all such notices, summons or warrant for service to the District, Sub-divisional and Political Officers concerned. He may also send such notices and summons by registered post.
(3)The District, Sub-divisional or Political Officers on receipt thereof shall proceed as if such notice, summons or warrant had been issued by him and shall return them to the liquidator with a report of service.
(4)Any person duly summoned by the liquidator to appear before him or to produce any document shall be subject to the same obligations and liable to the same penalties as in the case of summons issued by the Court under the provisions of the Code of Civil Procedure, 1908.
(5)Liquidator to keep notes of deposition. The liquidator shall keep short notes of the depositions of the persons thus summoned to give evidence.
(6)The liquidator shall then make an order noting the names of the members, past members, and heirs of the deceased members of the society and the amount to be realised from each as debt or contributions under Clause (c) and (d) of Section 66, the cost of liquidation under Clause (e) of the same sub-section.
(7)All orders relating to fixation of contributions by the liquidator in respect of deficiency in assets shall be submitted to the Registrar for approval.
(8)All assets and contributions recoverable, shall be reduced to the form of the Co-operative Demand Certificate according to the provisions of Section 83.
(9)Recovery of contributions and debts due. - The liquidator shall prepare Co-operative Demand Certificate under Section 83 in duplicate and forward the same to the Registrar or such officer as may have powers delegated to him in this behalf for signature. One copy shall be retained by the issuing officer and the other copy will be returned to the liquidator who will then submit it to the Deputy Commissioner, Sub-Divisional Officer or Political Officers having jurisdiction for recovery of the amount as arrears of land revenue.
(10)Each Demand Certificate submitted for signature shall be supported by a public order of the liquidator to that effect separately, and accompanied by a copy of the notice as required in the Co-operative Demand Certificate, duly served upon the certificate debtor.
(11)The liquidator shall submit to the Registrar or any other officer empowered in this behalf by the Registrar a half-yearly progress statement in the prescribed form and such other reports and returns as may be called for by the Registrar from time to time.
(12)Proceedings to be recorded in the order sheet. - All proceedings and transactions of the liquidator in connection with the liquidation proceedings shall be recorded in the order sheet in prescribed form.