Section 99 in The West Bengal Co-Operative Societies Act, 1983
99. Winding up of co-operative society. -
(1)If, after an audit under section 90 or an inspection under section 92 or an inquiry under section 93 or on an application made by not less than three-fourths of the members of any co-operative society, the Registrar is of opinion that the co-operative society should be wound up, he may by order direct it to wound up.(2)The Registrar may of his own motion, after giving thirty days' notice in the form prescribed, by order direct the winding up of a co-operative society-(a)where the co-operative society has not commenced working within twenty-four months from the date of its registration or has ceased to function for eighteen months; or(b)where the number of members of the co-operative society has been reduced to less than the minimum provided in section 13 for the purpose of registration:[Provided that the Registrar shall not, in the case of a State co-operative bank or Central co-operative land development bank or Central cooperative bank, or primary co-operative bank, make any order under subsection (1) or sub-section (2) without prior consultation with the Reserve Bank of India or the National Bank for Agriculture and Rural Development or the State co-operative bank or the Central co-operative land development bank or the Central co-operative bank, as the case may be.] [Proviso added by West Bengal Act 21 of 1990.](3)The Registrar may, after orders have been issued under sub-section (1) or sub-section (2), consider the reports, if any, of the liquidator appointed under section 100[and may by order cancel] [Words substituted by West Bengal Act 21 of 1990.] the registration of the cooperative society.(4)If, however, the Registrar is of opinion that a co-operative society which has been directed to wound up under sub-section (1) or sub-section (2) should continue to function, he may, with the prior approval of the State Government, cancel such order for winding up.
