Where a Liquidator has been appointed under sub-section (1) of Section 73, the following procedure shall be adopted.-
(a) The appointment of the Liquidator shall be notified by the Registrar in the Official Gazette;
(b) The Liquidator shall, as soon as the order of winding up of the society takes effect, publish by such means as he may think proper, a notice requiring all claims against the society, the winding up of which has been ordered, to be submitted to him, within 1[one month] of publication of the notice. All liabilities recorded in the account books of a society shall be deemed ipso facto to have been duly submitted to him under this clause;
(c) The Liquidator shall decide questions of priority arising between claimants and shall draw up a scheme for the payment of their dues;
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(d) The Liquidator shall recover all sums and other properties to which the society is entitled and may institute such suits for that purpose or such suits incidental to liquidation proceedings as he may think proper;
(e) The Liquidator may empower any person, by general or special order in writing, to make collections and to grant valid receipts on his behalf;
(f) The Liquidator shall, after settling the assets and liabilities of the society, as they stood on the date on which the order of winding up is made, proceed next to determine the contribution to be made by each of its members, past members or by the estates, or nominees, heirs or legal representatives of deceased members or by any officers or former officers respectively to the assets of the society, under clauses (b) and (c) of sub-section (2) of Section 74. Should necessity arise, he may also make a subsidiary order regarding such contributions and such order shall be enforceable in the same manner as the original order;
(g) All the funds in the charge of the Liquidator shall be deposited in the Government Treasury or in the Post Office Savings Bank or
1. Substituted for the word “two months” by GSR 85, dated28-3-1987.
in a Co-operative Bank or with such other Bank as may be approved by the Registrar and shall stand in his name;
(h) The Registrar shall fix the amount of remuneration, if any, to be paid to the Liquidator. The remuneration shall be included in the cost of liquidation, which shall be payable out of the assets of the society in priority of all other claims;
(i) [The Liquidator may call for meetings of the members of the society, under liquidation:
2[Provided that if for any reason it is impracticable for the Liquidator to convene the general meeting of the members of the dissolved society for the purpose of finalization of the Liquidation proceedings, he shall make a detailed report to the. Registrar with reasons therefore and shall, after obtaining the permission of the Registrar to dispense with the calling of such general meeting, submit his final report to Registrar.]
(j) The Liquidator shall submit to the Registrar a quarterly report in such form as the Registrar may specify showing the progress made in the Liquidation of the society;
(k) The Liquidator shall keep such books and accounts as may from time to time be prescribed by the Registrar who may at any time cause such books and accounts to be audited;
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(l) At the conclusion of the liquidation, the Liquidator shall call for a general meeting of the members of the dissolved society at which the Liquidator or any other person authorized by him by special or general order in writing in this behalf, shall summarize the result of his proceedings and shall take a vote as to the disposal of any surplus funds in the manner prescribed in sub-rule (2) of Rule 24. The Liquidator shall submit his final report to the Registrar with a copy of the proceedings of the general meeting referred to above and make over to the Registrar all books and registers and accounts, et., belonging to the society and all books and accounts relating to the liquidation proceedings kept by him;
(m) If any liability cannot be discharged by the Liquidator owing to the whereabouts of the claimants not being known or for any other cause, the amount covered by such undischarged liability may be deposited in a Co-operative Bank and shall be available for meeting the claims of the person or persons concerned; Substituted for the words “The Liquidator shall” by GSR 85, dated28-3-1987.
1. Proviso inserted by GSR 85, dated 28-3-1987.
(n) A Liquidator may, at any time, be removed by the Registrar and he shall on such removal be bound to hand over all the property and documents relating to the society under liquidation to such persons as the Registrar may direct;
(o) All the books and records of a society whose registration has been cancelled and the proceedings of liquidation of a society ordered to be wound up may be destroyed by the Registrar after the expiry of three years from the completion of the liquidation.
Chapter IX Execution of Awards, Decrees, Orders and Decisions 1[33-A. Approved Societies.- All societies which are registered or deemed to be registered under the Karnataka Co-operative Societies Act, 1959, and affiliated to any District Central Co-operative Bank within the State of Karnataka, are declared as approved Societies for the purposes of Section 100 of the Act.
33-B. Manner of enquiry to be made by the Registrar before granting certificates to approved Societies for the recovery of the amount of arrears.- (1) An approved society shall send intimation to the borrower fifteen days prior to the due date for the repayment of the loan in Form III requiring the borrower to repay the loan on or before the due date and notifying the debtor that on failure to pay the dues in time, action will be taken against him under Section 100 of the Act.
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(2) In case the society has not sent an intimation, the society shall, before submitting an application to the Registrar for obtaining a certificate under Section 100, send a notice in Form IV, informing the borrower that the failure on his part to repay the dues in time has made him liable for action being taken against him under Section 100 of the Act.
(3) If the debt is not discharged on the due date, the society shall submit to the Registrar an application in Form V for the grant of a certificate under Section 100 for the recovery of the debt due to it by the debtor as an arrear of land revenue, within one month from the date when the debt was due.
(4) The application for grant of a certificate under Section 100 shall be accompanied by a copy of the ledger account certified as true by the Secretary and either the Chairman or anyone of the members of the Managing Committee of the Society, and a copy of the intimation or the notice sent to the borrower to pay the dues in time.
1. Rules 33-A and 33-B inserted by Notification No. DRL 1 CCS 63, dated 23-12-1963.
2. Substituted for the word “committee” by Notification No. CO 14 CLM 2013, dated 10-7- 2013, w.e.f.10-7-2013.
(5)On receipt of an application from a society and before the grant of the certificate the Registrar may request the Deputy Commissioner to take action in accordance with sub-section (3) of Section 100.
(6) On receipt of an application from a society referred to in sub-rule (3) and further supported by an affidavit regarding the demand and its urgency, the Registrar shall decide such application within fifteen days from the date of receipt of the application by him, after causing such inquiry as to the correctness and truthfulness of the demand, as he may think fit.
(7)The Registrar may, if deemed necessary, cause a notice in Form VI to be issued to the borrower and to the sureties, if any, within ten days from the date of the receipt of the application asking him to show cause why a certificate under Section 100 for the recovery of the dues as an arrear of land revenue should not be granted to the society.
(8)In the event of the borrower making a representation and disputing the demand of the society within a period of eight days from the date of receipt of a notice given to him by the Registrar, the Registrar shall take such evidence as he may think necessary from the records of the society to satisfy about the correctness of the transaction. In the absence of such representation from the borrower, the Registrar shall proceed forthwith to decide the application of the society after causing such enquiry to be made as he may think fit.
(9)The Registrar shall decide the application for grant of certificates under Section 100 received from societies as expeditiously as possible and, in any case, not later than two months from the date of the receipt of the application by him.
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(10)The Registrar shall maintain a Register of applications from societies for grant of certificates in Form VII and of the certificates granted by him to applicant by him to applicant societies.]