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State of Sikkim - Section

Section 40 in Sikkim Co-Operative Societies Act, 1978

40. Securing possession of records etc.

(1)
(a)If the records, registers, documents or the books of accounts of a society are likely to be tampered with or destroyed and the funds, securities and other properties of a society are likely to be misappropriated or misapplied; or
(b)If the committee of a society is reconstituted at a general meeting of the society or the committee of a society is removed by the Registrar under section 39 or if the society is ordered to be wound up under section 75 and the outgoing members of the committee refused to hand over charge of the records and properties of the society to those having or entitled to receive such charge the Registrar or any other person authorised by him in this behalf may apply to the magistrate within whose jurisdiction the society functions, for securing the records and property of the society.
(2)On receipt of an application under sub-section (1), the magistrate may, by a warrant, authorise any police officer not below the rank of sub- Inspector to enter and search any place where the records and the property are kept or are believed to be kept and to seize such records and properties; and the records and properties so seized shall be handed over to the new committee or administrators of the society or the liquidator, as the case may be.