(1) Where, in the course of or as a result of an audit under section 82 or an inquiry under section 84 or an inspection under section 86 or the winding up of a society, the Registrar is satisfied on the basis of the report made by the auditor or the person authorized to make inquiry under section 84 or the person authorized to inspect the books under section 86 or the liquidator under section 109 or otherwise that any person who has taken any part in the organization or management of the society or any deceased or past or present officer of the society has within a period of five years, prior to the date of such Inspection of books of indebted society.
Cost of inquiry and inspection.
Recovery of costs.
Registrar to bring defects disclosed rn inquiry or inspection of notice of society.
Power of Registrar to assess damages against delinquent audit, inquiry, inspection or order for winding up, misapplied or retained, or become liable or accountable for, any money or property of the society, or has been guilty of misfeasance or breach of trust in relation to the society, the Registrar or a person authorized by him in that behalf, may frame charge against such person or persons and after giving reasonable opportunity to the person concerned and in the case of a deceased person to his representative who inherits his estate to answer the charges and make an order requiring him to repay or restore the money or property or any part thereof ; with interest at such rate as the Registrar or the person authorized under this section may determine, or to contribute such sum to the assets of the society by way of compensation in regard to the misapplication, retention, misfeasance, or from the trust as he may determine.
(2) The Registrar or the person authorized under sub-section (1) in making any order under this section may provide therein for the payment of the cost or any part thereof, as he thinks just, and he may direct that such costs or any part thereof shall be recovered from the person against whom the order has been issued.
(3) This section shall apply, notwithstanding that the act is one for which the person concerned may be criminally responsible.
91. The Registrar or the persons authorized by him, when acting under sections 84, 86 or 90 shall have the power to summon and enforce the attendance or any person to give evidence or to compel the production of any document or other material object by the same means and in the same manner as is provided in the case of Civil Court under the Code of Civil Procedure 1908, or the analogous, law in force in the State of Arunachal Pradesh.
92.(1) The State Government may constitute or recognize one or more cooperative federal authorities, in such manner as may be prescribed and subject to such conditions as the State Government may impose, for supervision of a society or a class or societies and may frame rules for making grants to such an authority.
(2) The State Government may, by general or special order require a society or a class of societies to make contribution of such sum every year as may be fixed by the Registrar towards the recoupment of expenditure which the Government or any person authorized in that behalf has incurred or is likely to incur, in respect of supervision of societies.
(3) A society to which sub-section (2) is applicable shall pay to such authority such fee as may be prescribed within a reasonable time and, if it fails to pay such fee within that reasonable time, the authority may recover it as if it were a public demand under the Bengal Public Demands Recovery Act, 1913.
93.(1) If the Registrar or any person authorized by him in this behalf, while making audit, inspection inquiry or supervision as the case may be, believes or has reason to have that the registered society is not keeping or maintaining the account books and records, of society's property or finds or reasonably suspects gross negligence of duties, misappropriation or misuse of funds of the society, irregularity in recording proceedings or keeping accounts or books, he shall have power to take possession of any of the books registers or documents, cash in hand or account books of the society and remove such seized property or keep in proper custody such seized property till is disposed of any manner as may be directed by the Registrar.
(2) The persons seizing the properties should prepare duplicate copies of inventory of the properties, seize with his signature and require the officer or member from whose possession or custody the property is seized to put his signature in witness thereof and if such officer or member refuses to sign, then the person seizing the property shall call upon two or more person to sign seizure list. A copy of the list prepared under this section signed by the witness shall be delivered to the office of the society.
(3) The Registrar shall take immediate steps by way of audit or inspection and pass such orders, as he may think fit. (4) The Administrative head of the respective place shall give promoters, etc.
Power to enforce the attendance etc. V of
1908.
Constitution on recognition of federal authority to supervise working of societies.
Power to seize record of society.
police help to all officer mentioned in sub-section (1) of this section when sought for.
CHAPTER- IX Disputes and Arbitration
94.(1) Notwithstanding anything contained in any other law for the time being in force any dispute touching the constitution, elections of the office bearers, conduct of general meetings, management or business of society shall be referred by any of the parties to the dispute, or by a federal society to which the society is affiliated, or by a creditor of the society, to the Registrar, if both the parties thereto are one or other of the following:
a. a society, its committee, any past committee, any past or present officer, any past or present agent, any past or present servant or nominee, heir or legal representative of any deceased officer, deceased agent or deceased servant of the society, or the liquidator of the society;
b. Member, past member or a person claiming through a member, past member or a deceased member of a society or a society which is a member of the society.
c. a person other than a member of the society who has been granted a loan by the society, or with whom the society has or had transactions under the provisions of section 46, and any person claiming through such a person.
d. a surety of a member, past member or a deceased member or a person other than a member who has been granted a loan by the society under section 46, whether such a surety is or not a member of the society.
e. Any other society, or the liquidator of such a society.
(2) When any question arises whether for the purpose of the foregoing sub section, a matter referred to for decision is a dispute or not, the question shall be considered by the Registrar whose decision shall be final.
(3) Same as otherwise provided under sub-section 3 of section 97, no Court shall have jurisdiction to entertain any suit or other proceedings in respect of any dispute referred to in sub-section (1 ).
Explanation 1 : A dispute between the Liquidator of a society and the members of the same society shall not be referred to the Registrar under the provisions of Sub-Section (1)
Explanation 2 : For the purposes of this sub-section, a dispute shall include -
(i) a claim by or against a society for any debt or demand due to it from a member or due from it to a member, past member or the nominee, heir or legal representative of a deceased member or servant or employee whether such a debt or demand be admitted or not.
(ii) a claim by a surety for any sum or demand due to him from the principal borrower in respect of a loan by a society and recovered from the surety owing to the default of the principal borrower whether such a sum or demand be admitted or not ;
(iii) a claim by a society for any loss caused to it by a member, past member or deceased member, by any officer, past officer or deceased officer, by any agent, past agent or deceased agent, or by any servant past servant or deceased servant or by its committee past or present, whether such loss be admitted or not ;
(iv) a refusal or failure by a member, past member or a nominee, heir or legal representative of a deceased member, to deliver possession to a society land or any other asset resumed by it for breach of conditions of the assignment.
95.(1) If any society is unable to pay its debt to the Apex Bank by reason of any of its members committing default in the payment of the moneys due by them or to the society, the Apex Bank may direct such society to refer to the Registrar, under section 94, the dispute between the society and defaulting members thereof:
Provided that, if such society fails to refer the dispute as aforesaid within a period of ninety days from the date of receipt of such direction, the Apex Bank, itself may refer to Dispute.
Power of the Apex Bank to proceed against members of the society for the Registrar the said dispute :
Provided further that, in case of a reference, the bye-laws of the defaulting society shall apply as if all references to the society or its committee in the said bye-laws were references to the Apex Bank.
(2) When an Apex Bank has obtained a decree or award against any society in respect of the moneys due to it by such society, the Apex Bank may proceed to recover such moneys firstly from the assets of that society and secondly from the members of that society to the extent of the moneys due by them to that society.