Bare ActsThe Gujarat Cooperative societies Act-1961

Section 82

Amendment status not verified — confirm the current text below against the official source.

(1) It shall be the duty of every society to keep the prescribed books of accounts with respect to all sums of money received and expended by the society, and the matters in respect of which the receipt and expenditure take place, all sales and purchases of goods by the society, and the assets and liabilities of the society, and to furnish such statements and returns and such records to the Registrar as the Registrar may by order direct from time to time; and the officer or officers of the society shall be bound to comply with the order within the period specified therein. (2) Where any society is required to take any action under this Act, the rules or the bye-laws, or in compliance with an order made under sub- section (1) and such section is not taken— (a) within the time provided in this Act, the rules or the bye-laws, or the order, as the case may be, or (b) where no time is so provided, within such time, having regard to the nature and extent of the action to be taken, as the Registrar may specify notice in writing, the Registrar may himself, or through a person authorized by him, take such action, at the expense of the society,; and such expense shall be recoverable form the society as if it were an arrear of land revenue. (3) Where the Registrar takes action under sub-section (2), he may call upon any officer of the society whom he considers to be responsible for not complying with the provisions of this Act, the rules or the bye- laws, or the order made under sub-section (1), and after giving him opportunity if being heard, may require him to pay to the society the expense paid or payable by it to the State Government as a result of his failure to take action, and to pay the assets of the society such sum exceeding fifteen rupees as the Registrar may think fir for each day until Registrar’s directions are carried out. 43e[4) The provisions of sub-sections (1) to (3) shall apply to the societies in the co-operative credit structure subject to the guidelines, if any, issued by the Reserve Bank of India.] Registrar’s power to enforce performance of obligation. 1962: Guj. X] Gujarat Co-operative Societies Act, 1961 44[83. (1) Where the Registrar is satisfied that the books and records of a society are likely to be suppressed, tampered with or destroyed or the funds and property of a society are likely to be mis-appropriated or mis- applied or the officer or the person in possession of the records, funds and property, the Registrar may issue an order directing the person duly authorized by him in writing to seize and take possession of such books and record, fund and property of the society, and the officer of the society responsible of the custody of such books, records, funds and property or person in possession of the same shall give delivery thereof forthwith to the person so authorized. If the officer of the society or person in possession does not so give the delivery, then, without, prejudice to any other action that may be taken against such officer, person or society under the provisions of this Act, the Registrar or the person authorized by him may apply to the Executive Magistrate within whose jurisdiction the society is functioning for seizing and taking the possession of the records and property of the society. (2) On receipt of an application under sub-section (1) the Magistrate may authorize any police officer not below the rank of a Sub-Inspector to enter and search any place where the records and property are kept or likely to be kept and to seize them and hand over possession thereof to the Registrar or the person authorized by him, as the case may be.] CHAPTER VIII. AUDIT, INQUIRY, INSPECTION AND SUPERVISION.

Section 82 – The Gujarat Cooperative societies Act-1961 | DailyLaw.ai