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Section 94

The Assam Co-operative Societies Act, 2007State Act of Assam · Act 4 of 2012

(1) If the Registrar, on receipt of an application made upon resolution adopted in a meeting of the General Assembly by a three-fourth majority of the members present in the meeting, provided that the notice of dissolution was included in the circulated agenda of the meeting, is of opinion that the society ought to be dissolved, he may, by an order in writing, cancel the registration of the society.

(2) The Registrar after an enquiry has been held under section 87 or after the inspection has been made under section 88 may cancel the registration of a society which -

(i) has not commenced working ; or

(ii) has ceased working ; or

(iii) has ceased to comply materially with any condition as to registration in this Act, rules or bye-laws ; and

(iv) in his opinion ought to be dissolved .

(3) A copy of the order canceling the registration of a society shall forthwith be published in the official Gazette by a notice, which shall be communicated to the society and to any affiliating society concerned by registered post.

The notice shall contain the name of the liquidator appointed under Section 95 who shall take full charge of the society forthwith and shall require all claims against the said society to be made to the liquidator within two months of the publication of the notice. All liabilities recorded in the account books of the society shall be deemed ipso facto to have been so claimed.

THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 4, 2012 415

(4) When the cancellation of the registration of a society takes effect, the society shall cease to exist as a corporate body, but shall vest in the liquidator

(5) Any member of the society may, within two months from the date of publication of the order of cancellation, appeal to the State Government from such order.

(6) Where an appeal is presented within two months from the publication of on order canceling the registration of the society, the order shall take effect on the expiry of the period.

(7) When an appeal is presented within two months of an order of cancellation, the order shall not take effect until it is confirmed by the State Government and such confirmation is communicated to the society by registered post.

WINDING UP, APPOINTMENT OF LIQUIDATOR AND HIS POWERS AND FUNCTIONS

Where this provision sits

ActThe Assam Co-operative Societies Act, 2007
Section94
JurisdictionState of Assam
StatusIn force as published by the source

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