Section 93 in The Goa Co-operative Societies Act, 2001
93. Appointment of Liquidator.
- [(1) When an interim order or a final order is passed under section 92 or an order is passed under section 92A, as the case may be, for the winding up of a society, the Registrar may, in accordance with the rules appoint a person to be the liquidator of the society, and fix his remuneration;] [Sub section (1) substituted by Amendment Act, 2004 (Goa Act 22 of 2004) published in O. G., Sr. I No. 23 dated 3rd September, 2004.](2)[On issue of the interim order under section 92 or on the issue of an order under section 92A, as the case may be,] [For the expression 'On issue of the interim order,', the expression 'On issue of the interim order under section 92 or on the issue of an order under section 92A, to the case may be,' substituted by Amendment Act, 2004 (Goa Act 22 of 2004) published in O. G., Sr. I No. 23 dated 3rd September, 2004.] the officers of the society shall hand over to the Liquidator the custody and control of all the property, effects and actionable claims to which the society is or appears to be entitled, and of all books, records and other documents pertaining to the business of the society, and shall have no access to any of them.(3)[When a final order is passed confirming the interim order under section 92 or an order is passed under section 92A, as the case may be] [In sub-section (3), for the expression 'When a final order is passed confirming the interim order,', the expression 'When a final order is passed confirming the interim order under section 92 or an order is passed under section 92A, as the case may be,' substituted by Amendment Act, 2004 (Goa Act 22 of 2004) published in O. G., Sr. I No. 23 dated 3rd September, 2004.], the officers of the society shall vacate their offices, and while the winding up order remains in force, the general body of the society shall not exercise any powers.(4)The person appointed under this section as Liquidator shall, subject to the general control of the Registrar, exercise all or any of the powers mentioned in section 95. The Registrar may remove such person and appoint another in his place, without assigning any reason.(5)The whole of the assets of the society shall on the appointment of Liquidator under this section, vest in such Liquidator, and notwithstanding anything contained in any law for the time being in force, if any immovable property is held by a Liquidator on behalf of the society, the title over the land shall be complete as soon as the mutation of the name of his office is effected, and no Court shall question the title on the ground of dispossession, want of possession or physical delivery of possession.(6)In the event of the interim order being vacated, the person appointed as Liquidator shall hand over the property, effects and actionable claims and books, records and other documents of the society to the officers who had delivered the same to him. The acts done, and the proceedings taken by the Liquidator, shall be binding on the society, and such proceedings shall, after the interim order has been cancelled under the preceding section, be continued by the officers of the society.
