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State of West Bengal - Section

Section 100 in West Bengal Co-operative Societies Act, 2006

100. Inquiry by Registrar.

(1)The Registrar may, at any time of his own motion, hold by himself or by any person authorised by him an inquiry into the affairs of any Co-operative society.
(2)An inquiry under sub-section (1) may also be held on the application of-
(a)the financing bank, if any, of which the Co-operative society is a debtor;
(b)one-third of the director of the board or one-tenth of the delegates or representatives of the Co-operative societies;
(c)one-tenth of the members of the Co-operative societies each of whom has been a member for not less than six months immediately preceding the date of application and who have deposited such security for cost, if any, as the Registrar may direct;
(d)the creditor representing not less than one-half of the borrowed capital of the Co-operative society who have deposited such security for cost, if any, as the Registrar may direct :
Provided that, the Registrar may, before initiating any action for inquiry, satisfy himself whether the signatures of the applicants are genuine and whether claim of the applicants is supported by proper documents.
(3)The inquiring officer may examine any book or document of the Co-operative society and interrogate any past or present office bearer, member, employee of the Co-operative society and any other person having transaction with the Co-operative society.
(4)The inquiring officer may seize any book or document of the Co-operative society from its office in the manner as may be prescribed, during office hours or from any past or present office bearer and member of the Co-operative society or from any person having possession of it on prior written requisition specifying therein the books and documents to be seized and the reasons therefor :Provided that the inquiring officer shall report the fact of such seizure to the Registrar together with a copy of the seizure list within the next working day and the copy of the seizure list shall also be handed over to the Co-operative society or the person from whom the books and documents have been seized.
(5)The Registrar shall fix the date within which the inquiry shall be completed and the report of inquiry shall be submitted to him by the inquiring officer :Provided that on an application by the inquiring officer stating the reasons for non-completion of inquiry, the date fixed for completion of inquiry and submission of report may be extended by the Registrar.
(6)The Registrar shall communicate the report of inquiry held under this section to the Co-operative society and the applicant.
(7)The Registrar upon examination of the report of inquiry is of the opinion that there has been specific contravention of some provisions of this Act, he shall, after giving parties an opportunity of being heard, issue directions to the Co-operative society, any past or present member or office bearer of the Co-operative society, non-compliance of which shall constitute an offence.