Amendment status not verified — confirm the current text below against the official source.
Inquiry.- (1) The Registrar may, of his own motion and shall, on the application of a majority of the committee or of not less than one-third of the members or on the request of the Collector, or the financing bank, hold an inquiry, or direct some person authorised by him by order in writing in this behalf to hold an inquiry into the constitution, working and financial condition of a registered society. 85 (2) The Registrar or the person authorised by him under sub-section (1) shall have the following powers, namely.- (a) (i) He shall at all reasonable times have free access to the books, accounts, documents, securities, cash and other properties belonging to, or in custody of the society and may summon any person in possession of, or responsible for, the custody of any such books, accounts, documents, securities, cash or other properties to produce the same at any place at the headquarters of the society or any branch thereof; (ii) Where a person summoned under sub-clause (i) fails or refuses to produce any record or property of the society specified in the summons, any magistrate of the first class in whose jurisdiction the person concerned reside shall, on a complaint from the Registrar or the officer holding the inquiry that the person summoned has been evading or willfully delaying the production of such records or property, issue a warrant for the production of the records and properties of the society to such Registrar or the officer holding the inquiry: Provided that no such complaint shall be made by the officer holding the inquiry without the previous sanction of the Registrar. (b) He may seize the books, accounts, or documents of the society, if he considers that such seizure is necessary to ensure the safety of such books, accounts or documents or to facilitate his inquiry, and shall give the person from whose custody the books, accounts or documents have been seized a receipt for the same: Provided that the books, accounts or documents so seized shall be retained by him only for so long as may be necessary for their examination and for the purpose of inquiry: Provided further that the books, accounts or documents shall not be retained for more than sixty days at a time except with the permission of the next higher authority. (c) He may summon any person who, he has reason to believe, has knowledge of any of the affairs of the society and may examine such person on oath and may summon any person to produce any books, accounts or documents belonging to him or in his custody if the Registrar or the person authorised as aforesaid has reason to believe that such books, accounts or documents contain any entry relating to transactions of the society. (d) (i) He may, notwithstanding any rule or by-law prescribing the period of notice for a general meeting of the society or for a meeting of the committee, require any officer or officers of the society to call a general meeting or a meeting of the committee at such time and place at the headquarters of the society or any branch thereof to consider such matters as may be specified by him and the provisions of sub-clauses (i) and (ii) of clause (b) of sub-section (4) of section 31 shall 86 apply to any meeting called under this sub-clause as if it were a meeting called in pursuance of a requisition under clause (a) of sub-section (3) of that section. (ii) If the officer or officers of the society refuses or refuse or fails or fail to call such meeting or if in the opinion of the Registrar there is no committee or officer or officers competent under this Act, the rules or the by-laws to call such meeting, or if there be a dispute regarding the competence of the committee, officer or officers to call such meeting, the Registrar or the person authorised by him under sub-section (1) shall have power to call the meeting himself and the provisions of clause (b) of sub-section (4) of section 31 and sub-section (5) of that section shall apply to such meeting as if it were a meeting called under clause (a) of the said sub- section (4). (3) When an inquiry is held under this section, the Registrar shall communicate the result of the inquiry- (i) in case the Government have subscribed directly to the share capital of the registered society or in case any moneys are due from the registered society either to the Principal State Partnership Fund or to the Subsidiary State Partnership Fund referred to in Chapter VI, to the Government or to any officer appointed by the Government in this behalf; (ii) to the financing bank, if any, to which the society is affiliated; and (iii) to the society concerned. (4) The Registrar may, by order in writing, direct any officer of the society or its financing bank to take such action as may be specified in the order to remedy, within such time as may be specified therein, the defects, if any, disclosed as a result of the inquiry.