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NCT Delhi - Section

Section 82 in The Delhi Co-operative Societies Rules, 2007

82. Procedure, principles and cost for the conduct of inquiry and Inspection.

(1)An order authorising any person under section 61 of the Act, any official under section 62 of the Act or under section 63 of the Act shall among other things state the following, namely:-
(a)the name of the person or official authorised to conduct the inquiry or inspection; He shall be any officer of Government or Central Government above the rank of Assistant Registrar in case of Inspection under section 61 and 63, and any Gazetted officer of Government below the rank of Registrar for inquiring under section 62 of the Act.
(b)the name of the co-operative society to be inquired or inspected;
(c)the specific point or points on which the inquiry or inspection is to be carried out, the period within which the inquiry or inspection is to be completed and report submitted to the Registrar;
(d)cost of inquiry and name of the co-operative society or person who shall bear the cost if an inquiry is undertaken by the Registrar, the Registrar shall order inquiry or re-inquiry only after receipt of fees from the applicant or applicants, deemed sufficient to meet the costs of the inquiry to be conducted;
(e)any other matter relating to the inquiry or inspection.
(2)A copy of every order for authorization under section 61, section 62 or section 63, shall be provided to the concerned co-operative society and the complainants.
(3)If the inquiry or inspection cannot be completed within the time specified in the order referred to in sub-rule (1), the authorized person or the official, as the case may be, conducting the inquiry or inspection shall submit an interim report stating the reasons for failure to complete the inquiry or inspection to the Registrar. If the Registrar is satisfied, the Registrar may grant such extension of time for the completion of the inquiry or inspection as the Registrar may deem necessary or the Registrar may withdraw the inquiry or inspection from the authorized person or officer and hold the inquiry or inspection himself or authorize such other person or officer as he deems fit.
(4)On receipt of the order referred to in sub-rule (1), the person or the official authorised to conduct the inquiry or inspection shall proceed to examine the relevant books of accounts and other documents in possession of the co-operative society or any of its officers, members, agents or servants and obtain such information or explanation from any such officers, members, agents or servants in regard to the transactions and working of the society as he deems necessary for conduct of such inquiry or inspection.
(5)The person or the official authorised to conduct the inquiry or inspection shall submit the report to the Registrar, on all the points mentioned in the order referred to in sub-rule (1) of rule 82. The report shall contain the findings and the reasons therefore supported by such documentary or other evidence as recorded by him during the course of enquiry or inspection and shall also specify in the report, the cost of the inquiry or inspection together with reasons, and recommend the Registrar the manner in which the entire cost or part thereof may be apportioned, amongst the parties as specified in section 64 of the Act. The Registrar shall pass such orders thereon as may be considered just after giving a reasonable opportunity to the person or persons concerned.
(6)If the result of any inquiry held under section 62 of the Act, or an inspection made under section 63 of the Act discloses any defects in the working of the co-operative society, the Registrar may bring such defects to the notice of the co-operative society and if the co-operative society is a member of a Federal co-operative Society to the notice of the Federal co-operative Society. The co-operative society shall submit a rectification report in Form - 11 and shall continue to submit such rectification reports to the Registrar till all the defects are rectified or the irregularities are remedied to the satisfaction of the Registrar.
(7)The Registrar may also make an order, directing the co-operative society or its officers or the federal co-operative society to take such action, as may be specified, in order to remedy the defects within the time specified therein.