Section 123A in The Orissa Co-operative Societies Act, 1962
123A. [ Power to inspect, enquire and to issue directions. [Inserted by Orissa Act 28 of 1991, dated 30.12.1991, force w.e.f. 7.1.1993.]
(1)Notwithstanding anything contained in this Act, if the State Government is satisfied that -(a)in the public interest; or(b)in the interest of securing proper -(i)linkage or co-ordination between related co-operative activities like production, marketing or credit support; or(ii)implementation of Co-operative production and other developmental programmes approved or undertaken by the Government; or(c)in the interest of proper management of the business of any Society or class of Societies, generally or of preventing the affairs of any Society or class of Societies from being conducted in a manner detrimental to the interests of the members, depositors, or creditors thereof;it is necessary for the Government to issue directives to any Society or class of Societies, or the Committee or Committees thereof, or inspect the records, or enquire into the affairs of any Society or class of Societies, it may, issue such directives as it may deem proper to such Society or Societies, or the Committee or Committees thereof, or make the required inspection or enquiry, or authorise any person in writing in that behalf to make such inspection or enquiry; and it shall be the duty of the Society or Societies or the Committee or Committees thereof so subjected to such directives, inspection or enquiry, to comply with the directives or the findings of the inspections, or enquiry, as the case may be, in the manner and within the time to be specified by the Government in that regard.(2)(a)In the event of a failure to comply with any directive or finding, es the case may be, made or issued under Sub-Section (1), the Government may direct the Registrar to take such remedial measures including the removal of the concerned Committee or Committees as the Registrar may deem proper, for securing proper compliance of the directive or finding, as the case may be, and thereupon, the Registrar shall take such measures forthwith :Provided that no such measures shall be taken by the Registrar, without giving an opportunity of being heard to the Society or Societies or the Committee or Committees thereof, as the case may be, which are likely to be affected by the measures; and in every case where any Committee is removed under this Subsection, the management of the Society shall vest in the Registrar on and from the date of such removal, and upon such vesting, the provisions of Clause (ii) of Sub-Section (1-b) of Section 28 shall, mutatis mutandis, apply in regard to the management of the affairs of the Society and constitution of the Committee thereof.(b)Any measure taken by the Registrar under Clause (a) shall be deemed to be a measure duly taken by the concerned Society or Societies, or the Committee or Committees thereof, as the case may be.(3)While conducting an enquiry or inspection under Sub-Section (1), the State Government or any person authorised by it in that behalf shall have the same powers as the Registrar is competent to exercise -(a)under Section 64, for the purpose of such inspection; and(b)under Section 65, for the purpose of such enquiry;]
