(1) A co-operative society may, with the previous approval of the Registrar and by resolution passed by a three-fourth majority of the members present and voting at a special general meeting of the society-
(a) transfer its assets and liabilities in whole or in part to any other society;
(b) divide itself into two or more co-operative societies and form as such new societies;
(c) convert itself into any other class of society and form as such a new class of society 1 [:]
2 [Provided that in case of an insured co-operative bank, no resolution under this sub-section shall be passed without the prior approval in writing of
1. Substituted for the sign “;” vide H.P. Act No. 13 of 1981.
2. Proviso inserted vide H.P. Act No. 13 of 1981.
THE HIMACHAL PRADESH CO-OPERATIVE SOCIETIES ACT, 1968 15 the Reserve Bank of India.]
(2) Any two or more co-operative societies may, with the previous approval of the Registrar and by a resolution passed by a three-fourth majority of the members present and voting at a special general meeting of each such society, amalgamate themselves and form a new society.
(3) The resolution of a co-operative society under sub-section (1) or sub-section (2) shall contain all particulars of the transfer, division, conversion or amalgamation, as the case may be.
(4) When a co-operative society has passed any such resolution, it shall give notice thereof in writing to all its members and creditors and, notwithstanding any bye-laws or contract to the contrary, any member or creditor shall during the period of three months of the date of service of the notice upon him, have the option of withdrawing his shares, deposits or loans, as the case may be.
(5) Any member or creditor who does not exercise his option within the period specified in sub-section (4) shall be deemed to have assented to the resolution.
(6) A resolution passed by a co-operative society under this section shall not take effect until, either-
(a) the assent thereto of all the members and creditors has been obtained, or
(b) all claims of members and creditors who exercise the option referred to in sub-section (4) within the period specified therein, have been met in full.
(7) When a resolution passed by a society under this section involves transfer of any assets and liabilities, the resolution shall, notwithstanding anything contained in any law for the time being in force, be sufficient conveyance to vest the assets and liabilities in the transferee without any further assurance.
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