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State of Odisha - Section

Section 65 in The Orissa Co-operative Societies Act, 1962

65. Enquiry by Registrar.

(1)The Registrar may, at any time, of his own motion, by himself or by a person authorised by him by order in writing, hold an inquiry into the constitution, working and financial condition of a Society.
(2)An inquiry of nature referred to in Sub-Section (1) shall be held on the application of -
(a)a Society to which the Society concerned is affiliated;
(b)a majority of the members of the committee of the Society; or
(c)not less than one-third to the total number of members of the Society;
(3)The Registrar, or the person authorised by him under Sub-Section (1) shall, for the purposes of an inquiry under Sub-Section (1) or Sub-Section (2) 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 at any place at the headquarters of the Society or any branch thereof;
(b)he may summon any person who, he has reason to believe, -has 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 and may examine such person on oath; and
(c)
(i)he may, notwithstanding any rule or Bye-Laws, specifying the period of notice for a general meeting of the Society, require the officers of the Society to call a general meeting at such time and place at the headquarters of the Society or any branch thereof 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 powers to call it himself;
Provided that no such meeting shall be called without giving notice of at least five days prior to the date of the meeting;
(ii)a meeting called under Sub-clause (i) shall for all purposes be deemed to be a general meeting called under the Bye-Laws of the Society and its proceedings shall be regulated by such Bye-Laws except that no quorum shall be necessary for such meeting;
(d)if he has reasons to believe that the continuance of any officer of the Society in office will be detrimental to the interests of the Society, he may, by order assigning reasons therefor, suspend such officer or member from holding the office during the pendency of the enquiry:
Provided that in no case the suspension as aforesaid shall extend over a period of more than six months :Provided further that no order of suspension shall be passed by any officer below such rank as may be prescribed unless he happens to be the Registrar.
(4)[ When an inquiry is made under this Section, the Registrar shall communicate the report of the inquiry, within three months from the date of commencement thereof, to-
(a)the Society, or Societies to which it is affiliated and its Financing Bank; and
(b)the Auditor-General alongwith his requisition, if any, for such further investigation of any affair or verification of accounts or recovery of the dues of the Society as may be deemed necessary.]
(5)Where the Registrar or any person authorised by him is, in the course of an inquiry under Sub-Section (1) or Sub-Section (2), satisfied that the books and records of a Society are likely to be tampered with or the funds and property of the Society are likely to be misappropriated or misapplied, he may issue an order directing a person to seize and take possession of such books, records, funds or property and the officer or officers of the Society responsible for the custody of such books, records, funds or property shall give delivery thereof to the person as directed and in the event of such person being prevented from making the seizure the provisions of Sub-sections (2) and (3) of Section 33 shall, mutatis mutandis apply.