Amendment status not verified — confirm the current text below against the official source.
Securing possession of records.- (1) Where the committee of a registered society is reconstituted at a general meeting of the society, or is superseded by the Registrar and a special officer or managing committee is appointed under section 83 or where the society is ordered to be wound up and a liquidator is appointed under section 127 and such reconstituted committee, special officer, managing committee or liquidator as the case may be is resisted in or prevented from, obtaining possession of the books, accounts, document, securities, cash and other properties, whether movable or immovable, of the society (hereinafter in this section referred to as the records and properties of the society) by the committee which has been reconstituted or superseded or by the society which has been ordered to be wound up or by any person who is not entitled to be in possession of the records and properties of the society, any Sub-divisional Magistrate in whose jurisdiction the office of the society or the records and properties of the society is or are situated shall, on application by the reconstituted committee, special officer, managing committee or liquidator and on production of a certificate from the Registrar in the prescribed form setting forth that the committee of the society has been reconstituted or superseded or that society has been ordered to be wound up and that a special officer or managing committee or liquidator has been appointed as aforesaid, direct delivery to the reconstituted committee, special officer, managing committee or liquidator, as the case may be, of the possession of the records and properties of the society. (2) No certificate shall be issued by the Registrar under sub-section (1) without making such inquiry as he deems necessary. * Now, the Code of Criminal Procedure, 1973 (Central Act 2 of 1974). 121 (3) For the purpose of the proceedings under sub-section (1), the certificate aforesaid shall be conclusive evidence that the records and properties to which it relates belong to the registered society. (4) The Sub-divisional Magistrate referred to in sub-section (1) may, pending disposal of an application for directing delivery to the reconstituted committee, special officer, managing committee or liquidator of the possession of the records and properties of the society mentioned in the certificate by the Registrar, appoint a Receiver to take possession of such records and properties or such portion thereof as may be necessary. The remuneration, if any, paid to the Receiver and other expenses incurred by him shall be paid out of the funds of the registered society concerned. (5) Where the Registrar or any other officer not below the rank of Co-operative Sub-Registrar authorised by him in this behalf in the course of audit, inspection, inquiry or supervision is of opinion that there is room to suspect gross negligence of duties, misappropriation or misuse of funds of the society or irregularity in recording proceedings or keeping accounts or books or is satisfied that the records, registers or the account books of a society are likely to be tampered with or destroyed and the funds and property of a society are likely to be misappropriated or misapplied he shall have power to take possession of any or all the books, registers securities or documents, cash in hand or accounts books of the society and remove such seized records and property and to deal with them in any manner as may be directed by the Registrar. (6) The Registrar or other officer seizing the records and property of a society under sub-section (5) shall prepare an inventory of the records and property seized in duplicate with his signature and require the officer, employee or member of the society from whose custody the records and property are seized to affix his signature in witness thereof and, if such officer or employee or member refuses to sign, then the Registrar or other officer seizing the records and property shall cause two or more persons to sign the inventory as witnesses to the correctness thereof. A copy of the inventory prepared under this section shall be delivered to the officer, employee or member of the society from whose custody the records and property were seized. CHAPTER – XVII MISCELLANEOUS