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State of Bihar - Section

Section 39 in The Bihar Co-operative Societies Rules, 1959

39. Compulsory amalgamation of societies.

(1)If the Registrar is satisfied, after taking into consideration the financial position of two or more societies and such other matters relating to the societies as may be proper, that it is in the interest of those societies to be amalgamated into a new society, he may, by order in writing, require the Managing Committees of societies concerned to convene general meeting of the share-holders and creditors thereof within six weeks from the date of the order, for the purpose of considering a proposal to amalgamate the societies into a new society.
(2)If the Managing Committees fail to call any such meeting for the purpose, or if the decision in any such meeting is against the proposed amalgamation, or no decision is taken at any such meeting the Registrar may on the expiry of six weeks from the date of his order and after satisfying himself that the interest of the creditors has been adequately safeguarded direct that the said societies shall be amalgamated in to a new society with effect from a date to be specified in the direction.
(3)The Registrar shall, with effect from the said date, register the new society and on such registration the assets and liabilities of the amalgamated societies shall vest in the new society.
(4)An appeal against an order passed under sub-Rule (1) shall lie, within one month from the date of such order,-
(i)if the order has been passed by any officer exercising the powers of the Registrar, to Registrar;
(ii)if the order has been passed by the Registrar, to the State Government.
(5)No action under sub-Rule (2) shall be taken until the disposal of the appeal under sub-Rule (4).Raising of funds