Section 81 in Rajasthan Co-operative Societies Rules, 2003
81. Procedure to be adopted by liquidator.
Where a liquidator has been appointed under sub-section (1) of section 63, the following procedure shall be adopted, namely :-(1)The appointment of the liquidator shall be notified by the Registrar in the Official Gazette.(2)As soon as, may be, after the order is issued under section 61 the liquidator shall take over the custody and control of all the property, effects and actionable claims and books, records, cash and other documents pertaining to the business of the society and continue to hold custody and control thereof.(3)The liquidator shall publish by such means as he may think proper a notice requiring all claims against the society to be submitted to him within two months of the publication of such notice. All liabilities recorded in the account books of such society shall be deemed ipso-facto to have been duly submitted to him under this clause.(4)[ If there is some such immovable property in the society, which may be utilised either for the benefit of the co-operative movement or for some other purpose of wider public interest, the liquidator shall send a report of the Registrar, specifying details of the property and the possible use to which the property can be put to in his opinion. If the Registrar is satisfied that the Property can be used for the betterment of the co-operative movement or for some other purpose of wider public interest, he may direct the liquidator to,-(i)transfer the property to a co-operative society having Government share capital and a Government Officer as the Chief Executive Officer, which is identified for this purpose by the Registrar with the approval of the approval of the Government, on such terms and conditions, as he may decide, for use towards betterment of the co-operative movement and to create necessary infrastructure to facilitate development of the cooperative sector in the State :Provided that in case it is found that the property transferred to a society is not being used for the purpose for which it was entrusted to it, the Registrar shall be competent to transfer the property to another society, as identified by him for the aforesaid1 'purpose as above, in the interest of the co-operative movement of the State or surrender it to the Government for creating some facility of public use; or(ii)surrender the property to the Government for creating some facility of public use.(5)Where an immovable property, such as a community centre, is being used by the local residents of the area for their general welfare and community activities, the liquidator shall send a report to the Registrar, specifying details of the property and the actual use being made by the local residents of the area. Where the Registrar is satisfied that it is in the public interest to allow the property for use of the local residents as before, he may, after seeking permission of the Government to that effect, direct the liquidator to transfer the property to a co-operative society of such residents, which they may form exclusively to maintain such common facility:Provided that the property shall be transferred to such society only on the condition that the society so formed, shall neither amend their bye-laws to take up any other activity except to maintain the property for use of the residents as per the registered bye-laws of the society nor shall the projierty be alienated or put to any other use except for the registered objective of the society:Provided further that in case, it is found that the property entrusted to the society of the residents for community activities, is being used for an activity other than the community activities for which it was entrusted to the society, the Registrar shall be competent to transfer the property to another society in the interest of the co-operative movement of the State as provided in sub-rule (4) or surrender it to the Government for creating some facility of public use.] [Inserted by Notification No. G.S.R. 53, dated 10.7.2017.](6)[] [Renumbered '(4)' by Notification No. G.S.R. 53, dated 10.7.2017.] The liquidator shall, after settling the assets and liabilities of the society as they stood on the date on which the order under section 61 for its winding up was made proceed next to determine the contribution to be made by each of its members, past members, or by the estates of nominees, heirs or legal representatives of deceased members or by any officers or former officers, to the assets of the society under clause (b) and (e) of sub-section (2) of section 64. If, however, necessity arises, he may also frame a subsidiary order or orders regarding such contributions and such orders and the original orders shall be enforceable under section 100.(7)[] [Renumbered '(5)' by Notification No. G.S.R. 53, dated 10.7.2017.] The liquidator shall submit a quarterly report and other returns and statements to the Registrar in such forms as the Registrar may require showing the progress made in the liquidation of the society.(8)[] [Renumbered '(6)' by Notification No. G.S.R. 53, dated 10.7.2017.] The liquidator may empower any person by general or special order in writing to make collections and to grant valid receipts on his behalf.(9)[] [Renumbered '(7)' by Notification No. G.S.R. 53, dated 10.7.2017.] All funds in the charge of the liquidator shall be deposited in the Government treasury or in the post office savings bank or in a financing bank or with such other bank or person as may be approved by the Registrar and shall stand in the name of the liquidator.(10)[] [Renumbered '(8)' by Notification No. G.S.R. 53, dated 10.7.2017.] The remuneration of the liquidator fixed under sub section (1) of section 63 shall be included in the costs of winding up which shall be payable out of the assets of the society in priority to all other claims.(11)[] [Renumbered '(9)' by Notification No. G.S.R. 53, dated 10.7.2017.] The liquidator shall have power to make call for meetings of members of the society from time to time.(12)[] [Renumbered '(10)' by Notification No. G.S.R. 53, dated 10.7.2017.] The liquidator shall keep such books and accounts as may from time to time be required by the Registrar, who may at any time cause such books and account to be audited.(13)[] [Renumbered '(11)' by Notification No. G.S.R. 53, dated 10.7.2017.] The liquidator may submit an application to the Registrar, for revival of the society if in his own opinion such revival has a reasonable chance of success. The Registrar may pass orders as he may deem proper under sub-section (2) of section 61.(14)[] [Renumbered '(12)' by Notification No. G.S.R. 53, dated 10.7.2017.] At the conclusion of the winding up a general meeting of the society shall be called at which the liquidator or any person authorised by him by general or special order in writing in this behalf shall summarize the result of his proceedings and shall take a vote as to the disposal of any surplus funds in the manner prescribed in sub-rule (2) of rule 58: Provided that where general meeting can not be called despite the best efforts of the liquidator, he shall record the reasons thereof in his final report and deposit the surplus funds in the liquidation fund.(15)[] [Renumbered '(13)' by Notification No. G.S.R. 53, dated 10.7.2017.] If any liability cannot be discharged by the liquidator owing to the where about of claimants not being known or for any other cause the amount covered by such undischarged liability may be deposited in a financing bank and shall be available for meeting the claims of the person or persons concerned. On the expiry of three years from the date of deposits of such amount, the Registrar may, on his own motion or on the application of the financing bank, pass an order directing that the said amount shall be utilized as provided in sub-rule (2) of rule 67:Provided that no such order shall be passed by the Registrar unless he has published a notice of his intention to pass such order by beat of drum in the village or villages comprised within the area of operation of the society or by publication in the official Gazette or by any other means which he may consider suitable and a period of thirty days has expired from the date of such publication.(16)[] [Renumbered '(14)' by Notification No. G.S.R. 53, dated 10.7.2017.] A liquidator may at any time, be removed by the Registrar and he shall on such removal be bound to hand over all the properties efrects and actionable claims and books records cash and other documents relating to the society ordered to be wound up to such persons as the Registrar may direct.(17)[] [Renumbered '(15)' by Notification No. G.S.R. 53, dated 10.7.2017.] As soon as may be after the affairs of the society for which a liquidator has been appointed under section 63 have been wound up and an order cancelling the registration is made under sub-section (4) of section 14, the liquidator shall forward all the books and records of the wound up society and all his own papers and proceedings, to the Registrar together with an account of his expenses, showing how the balance has been disposed of, and attaching the receipt of the person whom it was handed over.(18)[] [Renumbered '(16)' by Notification No. G.S.R. 53, dated 10.7.2017.] All the books and records of a society whose registration has been cancelled and the proceedings of liquidation may be weeded out by the Registrar after the expiry of two years from the date of the order cancelling the registration of the society.
