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[Cites 0, Cited by 0] [Section 44] [Entire Act]

State of Jharkhand - Subsection

Section 44(3) in Jharkhand Co-operative Societies Act, 2008

(3)Subject to the Registrar's power of control and revision, such liquidator shall also have power -
(a)to institute and defend suits and other legal proceedings on behalf of the society by his name of office
(b)to determine and realise all sums due to the society from any person;
(c)to determine from time to time , subject to the provisions of section 32, the contribution to be made or remaining to be made by the members or past members or by the estates or nominees, heirs or legal representatives of deceased members or by any officers or former officers, to the assets of the society and from time to time, to revise any order of contribution until the winding up is completed, and to realise such contribution;
(d)to investigate all claims against the society and subject to the provisions of this Act, to decide questions of priority arising between claimants after giving an opportunity of being heard to all the creditors;
(e)to pay claims against society the (including interest) up to the date of the publication in the official Gazette of the notification ordering the winding up of the society according to their respective priorities, if any, in full or rateable as the assets of the society permit; and to apply the surplus, if any, remaining after payment of the claims in full, in payment of interest from the said date of a rate fixed by him but not exceeding in any case the rate agreed to be paid by the society;
(f)to make any compromise or arrangement with persons between whom and the society there exists any dispute or to refer any such dispute to arbitration;
(g)to determine by what persons and in what proportions the cost of the liquidation are to be borne; and
(h)to give such directions in regard to the collection and distribution of the assets of the society as may appear to him to be necessary for winding up the affairs of the society;
Provided that the liquidator shall not determine the contribution, debt or assets to be recovered from any person unless an opportunity of being heard has been given to such person.