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State of Rajasthan - Section

Section 13 in Rajasthan Co-operative Societies Rules, 2003

13. Proposal by Registrar for Amalgamation, division and Reorganization of societies in public interest etc.

— (1) Before sending any proposal under section 13 for the amalgamation, transfer of assets and liabilities, division or reorganization of any society or societies, the Registrar shall prepare a draft scheme in respect of such amalgamation, division, transfer of assets and liabilities or reorganization stating the manner in which the new committee or committees of the society or societies resulting from such amalgamation, division or reorganization shall be constituted and the bye-laws which such society or societies shall follow. The Registrar shall send a copy of the draft of the order proposed to be issued by him under section 13, to the Chairperson and the Chief Executive Officer of the society or of each of the societies concerned requiring the proposals to be considered and decided in the general body meeting of the society or the societies within a period of three months.
(2)The society or each of the societies, as the case may be, shall give a notice of not less then thirty days to the members and creditors inviting their objections and suggestions on the proposals of the Registrar. All the objections and suggestions received from the members and creditors shall be considered in the general body meeting, and a decision shall be taken on the proposals of the Registrar.
(3)The Registrar shall consider all suggestions and objections and make such modifications in the draft order as may seem to him desirable in the light of those suggestions or objections and the resolution of the society thereon and then issue a final order under sub-section (2) of section 13.
(4)Any member or creditor of each of the societies to be amalgamated, divided or re-organised who had objected to the scheme of amalgamation, division or reorganisation within the period specified in sub-rule (2), may apply to the Registrar for payment of his share or interest, if he be a member, and the amount in satisfaction of his dues, if he be a creditor. Such application shall be separate and distinct from the objection or suggestion, which he may have submitted to the society or the Registrar under clause (b) of sub-section (5) of section 13. It shall be competent for the Registrar to nominate an officer to investigate such applications and determine the payments required to be made to the members or creditors, as the case may be.
(5)Subject to the provisions of the Act, the rules and the bye-laws, the Registrar may by order require the society concerned to meet in full or satisfy otherwise all due claims of the members and creditors and thereupon the society shall be bound to meet in full or satisfy otherwise all due claims of the members and creditors within such time as may be specified by the Registrar in the order.