Section 17A in The Gujarat Co-Operative Societies Act, 1961
17A. [ Power to direct amalgamation and re-organisation of societies in public interest, etc. [Inserted by Gujarat Act 23 of 1982]
(1)Where the Registrar is satisfied that it is essential in the public interest or in the interest of co-operative movement, or for the purpose of securing proper management of any society that two or more societies should be amalgamated or that any society should be re-organised, then, notwithstanding anything contained in Section 17 but subject to the provisions of this section, the Registrar may, after consulting such federal society as may be notified in this behalf by the State Government by order published in the Official Gazette, provide for the amalgamation of these societies into a single society or, as the case may be, for the re-organisation of that society, with such constitution, property rights, interests and authorities, and such liabilities, duties and obligations as may be specified in the order. Such order may also provide for the constitution of the committee of management or any other committees of the new amalgamated, or re-organised society, the persons who shall be, or continue to be, the officers of such society and the period after which such committee or committees may be re-constituted.(2)No order shall be made under this section unless,-(a)a copy of the draft of the proposed order has been sent to the society or each of the societies concerned;(b)the Registrar has considered suggestions and objections if any received either from the society or from any member or class of members thereof or from any creditor or class of creditors within such period (not being less than one month from the date on which the copy of the order as aforesaid was received by the society) as the Registrar may fix in that behalf, and has, if necessary, modified the same in the light of such suggestions and objections.(3)The order referred to in sub-section (1) may contain such incidental, consequential and supplemental provisions as may, in the opinion of the Registrar, be necessary to give effect to the amalgamation or re-organisation.(4)Every member of each of the societies so amalgamated, shall be deemed to be a member of the new amalgamated society, and every member of the society so reorganized shall be deemed to be a member of the new re-organised society and all such members shall have all rights, privileges and liabilities of the members of the concerned new societies:Provided that any member of the new society so amalgamated, or re-organised may, within such period and in such manner as may be prescribed, resign his membership of the new society and on such resignation he shall be entitled to withdraw his share and any other dues and interest in the society.(5)(a)On the issue of an order under sub-section (1) in respect of any societies or society, notwithstanding anything contained in any law for the time being in force, all the assets, rights and liabilities of the amalgamating societies, or, as the case may be, the original society which is re-organised shall stand transferred to, and vest in, the new amalgamated society, or, as the case may be, the new re-organised society;(b)the provisions of sub-sections (3) and (4) of Section 17 and the provisions of Section 18 shall apply in relation to the amalgamation or re-organisation of the societies under this section as if-(i)the order of amalgamation were a resolution of societies concerned with amalgamation, and(ii)the original society was re-organised under Section 17.]
