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[Cites 0, Cited by 5] [Section 81] [Entire Act]

State of Tamilnadu - Subsection

Section 81(2) in The Tamil Nadu Co-Operative Societies Act, 1983

(2)The Registrar or the person authorised by him under sub-section (1) shall have the following powers, namely:-
(a)He shall, at all reasonable 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 of, 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)Where any person summoned under clause (a) fails or refuses to produce any record or property of the registered society as specified in the summons, any Metropolitan Magistrate or any Judicial Magistrate of the first class in whose jurisdiction the office of such society or the records and properties of such society is or are situated, shall, on application by the Registrar, or the person authorised by him under sub-section (1), direct the delivery to the Registrar or such person of the possession of the records and properties of such society:
Provided that no such application shall be made by the person authorised under sub-section (1) without the previous sanction of the Registrar.
(c)He may seize the books, accounts or documents of the society, if he considers that such seizure is necessary to ensure the safety of such books accounts or documents or to facilitate his inquiry, and shall give the person from whose custody the books, accounts or documents have been seized a receipt for the same:
Provided that the books, accounts or documents seized shall be retained by him only for so long as may be necessary for their examination and for the purpose of inquiry:Provided further that the books, accounts or documents shall not be retained for more than three months at a time except with the permission of the next higher authority.
(d)He may summon any person who, he has reason to believe, has knowledge of any of the all airs of the society and may examine such person on oath and may summon any person to produce any books, accounts or documents belonging to him or in his custody if the Registrar, or the person authorised as aforesaid has reason to believe that such books, accounts or documents contain any entry relating to transactions of the society.
(e)
(i)He may, notwithstanding any rule or bye-law specifying the period of notice for a general meeting of the society or for a meeting of the board, require any officer or officers of the society to call a general meeting or a meeting of the board at such time and place at the headquarters of the society or any branch thereof to consider such matters as may be specified by him and the provisions of sub clauses (i) and (ii) of clause (b) of sub-section (4) of section 32 shall apply to any meeting called under this sub-clause as if it were a meeting called in pursuance of a requisition under clause (a) of sub-section (3) of that section.
(ii)If the officer or officers of the society refuses or refuse or fails or fail to call such meeting or if in the opinion of the Registrar there is no board or officer or officers competent under this Act, the rules or the bye-laws to call such meeting, or if there be an order of the Registrar or of the Civil Court restraining the board to function, the Registrar or the person authorised by him under sub-section (1) shall have power to call the meeting himself and the provisions of clause (b) of sub-section (4) of section 32 and sub-section (5) of that section shall apply to such meeting as if it were a meeting called under clause (a) of the said subsection (4).