Section 13 in The Punjab Co-operative Societies Act, 1961
13. Amalgamation, transfer of assets and liabilities and division of co- operative societies.
(1)A co-operative society may with the previous approval of the Registrar and by a resolution passed by a two-thirds majority of the members present and voting at a general meeting of the society:-(a)[ transfer its assets and liabilities in whole or part to another co-operative society provided the co-operative society to which the assets and liabilities are to be transferred also passes a resolution in the aforesaid manner to accept such assets and liabilities in whole or in part, as the case may be;] [Substituted by Act 26 of 1969 Section 5.](b)divide itself into two or more co-operative societies.(2)Any two or more co-operative societies may, with the previous approval of the Registrar and by a resolution passed by a two-third majority of the members present and voting at a general meeting of each such society, amalgamate themselves and form a new co-operative society.(3)The resolution of a co-operative society under sub-section (1) or sub- section (2) shall contain all particulars of the transfer, division or amalgamation, as the case may be.(4)When a co-operative society has passed any such resolution, it shall give notice thereof in writing to all its members and creditors and notwithstanding any bye-laws or contract to the contrary, any member or creditor shall during the period of one month of the date of service of the notice upon him; have the option of withdrawing his shares, deposits or loans, as the case may be.(5)Any member or creditor who does not exercise his option within the period specified in sub-section (4) shall be deemed to have assented to the proposal contained in the resolution.(6)A resolution passed by a co-operative society under this section shall not take effect until, either -(a)the assent thereto of all the members and creditors has been obtained ; or(b)all claims of members and creditors who exercise the options referred at in sub-section (4) within the period specified therein have been met in full.(7)Where a resolution passed by a co-operative society under this section involves the transfer of any assets and liabilities, the resolution shall, notwithstanding anything contained in any law, for the time being in force, be a sufficient conveyance to vest the assets and liabilities in the transferee without any further assurance.(8)[ Where the Registrar is satisfied that it is necessary in the interest of the co-operative society or co-operative societies that -(i)any co-operative society be divided to form two or more co- operative societies; or(ii)one or more co-operative societies be amalgamated with any other co- operative society; or(iii)two or more co-operative societies be amalgamated to form a new co- operative society,then, notwithstanding anything herein before contained, the Registrar may, after consulting the financing institution, if any, provide for -(a)the division of that co-operative society into two or more co- operative societies; or(b)the amalgamation of society or societies -(i)with any other co-operative society; or(ii)to form a new co-operative society;with such constitution including representation on the committee, property rights, interests, liabilities, duties and obligations, as may be specified in the order.(9)No order shall be made under sub-section (8), unless -(a)a copy of the proposed order has been sent under certificate of posting to the society or societies concerned and the creditors;(b)the Registrar has considered the objections received from the society or societies concerned or from any member or creditor of such society or societies within such period, being not less than fifteen days from the date of posting of the proposed order, as may be specified by the Registrar in this behalf in the proposed order.(10)The Registrar may after considering the objections referred to in sub- section (9), make such modification in the proposed order as he may deem fit and the order may contain such incidental, consequential and supplemental provisions as the Registrar may deem necessary to give effect to the same.(11)[ In case a member or a creditor who had objected to the proposed order under sub-section (9) remains aggrieved with the orders of the Registrar, may make second reference to the Government within thirty days of passing of such order. The Government shall, after affording due opportunity of hearing to the members and creditors who have made second reference to the Government, annul, modify or uphold the order of the Registrar passed under sub-section (9). The decision of the Government in this regard shall be final.(12)The order passed by the Registrar under sub-section (9) or by the Government under sub-section (11), as the case may be, shall be final and where such an order involves the transfer of any assets and liabilities, the same shall, notwithstanding anything contained in any law for the time being in force, be a sufficient conveyance to vest the assets and liabilities in the society in which these are vested under that order without any further assurance.] [Inserted by Punjab Act No. 8 of 1978 Section 2.]]
