Section 65 in The Bihar Co-operative Societies Rules, 1959
65. Procedure.
(1)The Registrar shall cause a notice to be published requiring all claims against the society to be submitted to the liquidator within one month of the publication of the notice. All liabilities recorded in the accounts books of a society shall thereon be deemed to have been duly notified.(2)The liquidator shall take immediate possession of all assets of the society and all books, records and other documents relating to the business thereof.(3)Subject to the approval of the Registrar, the liquidator may appoint staff to assist him in the discharge of his duties.(4)The liquidator shall have power to convene meetings of the members of the society from time to time.(5)The liquidator shall maintain such books and accounts as may, from time to time, be prescribed by the Registrar.(6)In all matters the liquidator shall be subject to the control and supervision of, and be responsible to the Registrar.(7)The liquidator shall draw up a statement of the assets and liabilities of the society as they stood on the date of the order of winding up.(8)The liquidator shall proceed to recover the sums due to the society and may, subject to the approval of the Registrar, institute suits for the purpose.(9)The liquidator shall next determine the contribution to be made to the assets of the society by members, past members and nominees, heirs or legal representatives of deceased members or by any officer or past officer of the society and shall also determine by what person and in what proportion the costs of the liquidation are to be borne.(10)The liquidator shall send all processes issued by him for service to the Collector or Sub-divisional Officer concerned, who on receipt thereof, shall proceed as if such processes had been issued by him as a revenue court and shall return the service report to the liquidator.(11)The liquidator shall keep a summary of the deposition of witnesses recorded by him and a list of the documents admitted by him as evidence in the liquidation proceedings.(12)The liquidator shall issue a notice in Form no. XI to the persons concerned demanding the proposed amount of contribution payable by each and, if an objection is filed thereto within one month of the service of the notice he shall hear and decide the objection in a summary manner.(13)This order which shall be called 'the contribution order' together with all papers connected with it shall be submitted to the Registrar for his approval; and the Registrar may, if he thinks fit, modify or return it to the liquidator for further inquiry or other action.(14)When the Registrar has approved of the contribution order the liquidator may file a requisition in respect thereof before the Certificate Officer of the district or subdivision in which the society is situated in the manner provided for the recovery of a public demand under the Bihar and Orissa Public Demands Recovery Act, 1914 (Act IV of 1914).(15)If the Certificate Officer is unable to recover the sum assessed against any person, the liquidator may from time to time make a fresh contribution order against the said person to the extent of his lability for the debts of the society, until the whole amount due to the society is realised and such fresh order shall be executed in the same manner as the original order.(16)The liquidator shall maintain a record of the liquidation proceedings as well as an account of all moneys received and all payments made by him.(17)The decision of the liquidator with regard to a claim against the society, including claims for priority of payment as claimants, shall be subject to the approval of the Registrar and no payment shall be made to any claimant without the general or special sanction of the Registrar. If any liability cannot be discharged by the liquidator owning to the whereabouts of a person entitled to payment being not known, or for any other reason, the amount representing such undischarged liability shall be deposited in such registered society or bank as may be approved by the. Registrar.(18)The liquidator shall submit to the Registrar such periodical reports and statements showing the progress made in the liquidation proceedings as the Registrar may require.(19)All funds in charge of the liquidator and all collections made by him shall be deposited with such registered society or banks as may be approved by the Registrar.(20)(a)If after the recovery of all sums due to the society and realisation or the contribution and the cost of liquidation from the members, past members and heirs, nominees or legal representatives of deceased members and if after meeting the liabilities of the society there is any surplus left the liquidator shall call a meeting of the members. At such meeting the liquidator shall make a statement of the action taken by him in the liquidation proceedings. He shall also submit to the Registrar a final report which shall, if there is any surplus left after payment of all liabilities of societies also contain proposal for the disposal thereof. The Registrar shall pass final orders for the disposal of the surplus and after the same has been disposed of the liquidator shall submit a further report to the Registrar.(b)The cost of liquidation shall be the first charge on the assets of a liquidated society. The arrear remuneration of employees for services rendered shall rank next in the order and thereafter Government demands and audit fees; the dues of the other creditors shall rank next and follow the order that may be laid down by the Registrar.(21)On the close of the liquidation proceedings the liquidator shall deposit all the books and records of the society and all the papers connected with the liquidation proceedings with the financing bank or in the office of the Assistant Registrar of the area in which the society is situated or as the Registrar may direct.(22)After all the books and records have been deposited in the manner prescribed in sub-Rule (21), the Registrar shall cancel the registration of the society.Appeal and Revision
