Section 51 in Andhra Pradesh Co-Operative Societies Rules, 1964
51. Appointment of procedure to be followed and powers to be exercised by the liquidator.
- Where a liquidator is to be appointed by the Registrar under the sub-section (1) of Section 65 of the act, the manner of appointment of, the procedure to be followed and the powers to be exercised by the liquidator shall be as follows:-(a)The appointment of the liquidator shall be notified by the Registrar in the Andhra Pradesh Gazette.(b)The liquidator shall, as soon as the order of winding up of the society has been made, published by such means as he may think proper a notice requiring all claims against the society ordered to be wound up, to be submitted to him within two months from the date of publication of the notice. All liabilities recorded in the account books of society shall be deemed to have been duly submitted to him under this clause;(c)(i)the liquidator shall, after settling the assets and liabilities of the society as they stood on the date on which the order for winding up is made, proceed next to determine the contribution to be made by each of its members, past members, or by the estates or nominees, heirs or legal representatives of deceased members or by any officers, or former officers, to the assets of the society or the costs of liquidation. Should necessity arise, however, he may also make a subsidiary order recording such contributions and such orders shall be enforceable in the same manner as the original order ;(ii)[ The authority competent to accord previous approval for purposes of Clauses (j) and (k) of sub-section (1) of Section 66 of the Act shall be the Registrar ;] [Added by G.O.Ms. No. 244, P & Co-Operative (Co-Operative IV), dated 21-5-1973. ](d)The liquidator shall submit to the Registrar a quarterly report in such form as the Registrar may specify showing the progress made in the winding up of the society ;(e)The liquidator may empower any person, by general or special order in writing, to make collections and to grant valid receipts on his behalf;(f)All funds in the charge of the liquidator shall be deposited in the Government Treasury or in the Post Office Savings Bank or with a Financing Bank or such other bank as may be approved by the Registrar and shall stand in the name of the liquidator.(g)The Registrar shall fix the amount of remuneration, if any, to be paid to the liquidator. The remuneration shall form part of the costs of liquidation which shall be payable out of the assets of the society in priority to all other claims. [Such costs of liquidation shall be as fixed by the Registrar, from time to time, with the prior approval of the Government;] [Added by G.O.Ms. No. 1228, F & A, (Leg.) dated 12-5-1966. ](h)The liquidator shall have power to call for meetings of members of the society ordered to be wound up ; By the conclusion of the proceedings to wind up the society a general meeting of the society shall be called at which the liquidator or any person authorised by him by special or general order in writing in this behalf shall summarise 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 38 ;(j)If any liability cannot be discharged by the liquidator, owing to the whereabouts of the 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 ;(k)A liquidator may, at any time, be removed by the Registrar and he shall on such removal be bound to hand over all the property and documents relating to the society to such other person as may be appointed as liquidator by the Registrar ;(l)The liquidator shall keep such books and accounts as may, from time to time, be required by the Registrar. The Chief Auditor may at any time cause such books and accounts to be audited ;(m)All the books and records of a society whose registration has been cancelled and the proceedings relating to the winding up of that society, may be destroyed by the Registrar after the expiry of three years from the date of cancellation of the registration of the society.(n)[ All funds in the charge of the liquidator shall be deposited in the Government Treasury or in the Post Office Savings Bank or with a Financing Bank or with any Nationalised or Scheduled Bank and shall stand in the name of the liquidator.] [Added by G,O.Ms.No. 37, Agriculture & Coop. (Co-Operative IV), dated 28.1.2002.][51A. Fixation of remuneration of Official Assignee. - (a) Remuneration of the official assignee shall be as fixed by Registrar in the appointment order; and(b)Registrar shall be the prescribed authority for the purpose of Section 9(c).]
