Section 39 in Himachal Pradesh Societies Registration Act, 2006
39. Enquiry by the Registrar.
(1)The Registrar may, on his own motion or on an application made under sub-section(2), either by himself or by a person authorized by him, by order in writing, hold an enquiry into the constitution, working and financial conditions of a Society.(2)An enquiry under sub-section (1) shall be held on the application supported by an affidavit of-(a)a majority of the members of the Governing body of the Society; or(b)not less than one-third of the total number of members of the Society.(3)The Registrar or the person authorized by him under sub-section (1) shall, for the purpose of an enquiry under this section, have the following powers, namely:-(a)he shall at all times have free access to the books, accounts, documents, securities, cash and other properties belonging to, or in the custody of the Society and may summon any person in possession, or responsible for the custody of any such books, accounts, documents, securities, cash or other properties to produce the same, if they relate to the head office of the Society, at any place at the headquarters thereof and if they relate to any branch of the Society, at any place in the town wherein such branch thereof is located or in his own office;(b)he may summon any person who, he has reason to believe to have knowledge of any of the affairs of the Society to appear before him at any place at the headquarters of the society or any branch thereof or in his own office and may examine such person on oath;(c)he may, notwithstanding any regulation or bye-law specifying the period of notice for a general body meeting of the Society, require the officers of the Society to call a general body meeting of the Society at such time at the head office of the Society or any other place at the headquarter of the Society and to determine such matters as may be directed by him and where the officers of the Society refuse or fail to call such a meeting, he shall have power to call it himself; and(d)any meeting of the Society called under clause(c) shall have all the powers of a general body meeting called under the regulations or bye-laws of the Society and its proceedings shall be regulated by such bye-laws.(4)When an enquiry is made under this section, the Registrar shall communicate the outcome of the enquiry to the Society and may issue appropriate directions to the Society, which shall be binding on all parties concerned.
