(1) Where the Registrar is satisfied that the books and records of a society are likely to be suppressed, tampered with or destroyed, or the funds and property of a society are likely to be misappropriated or misapplied, the Registrar or the person authorised by him may apply to the Executive Magistrate within whose jurisdiction the society is functioning for seizing and taking possession of the records and property of the society.
(2) On receipt of an application under sub-section (1), 6[the Magistrate shall forthwith consider such application and, if satisfied that immediate action is required, shall authorise] any police officer, not below the rank of a sub-inspector, to enter and search any place where the records and property are kept or likely to be kept, and to seize them and hand over possession thereof to the Registrar or the person authorised by him, as the case may be.
7[(3) Where the Registrar or an officer not below the rank of District Deputy Registrar (hereinafter referred to in this section as “the said officer”) is satisfied that immediate action is required to be taken or that the Executive Magistrate having jurisdiction is not likely to be available at the headquarters for a consecutive period of three days or the books and records of a co-operative society are in the immediate 1 These words were substituted for the words “remove the member from the committee and appoint any other person as a member of the committee for the remainder of the term of his office and declare him to be disqualified to be such member” by Mah. 16 of 2013, s. 48(a).
2 The words “remove the members, appoint other persons as members and” were deleted by Mah. 16 of 2013, s. 48(b)(i).
3 This proviso was added by Mah. 16 of 2013, s. 48(b)(ii).
4 Section 79AA was inserted by Mah. 20 of 1986, s. 41.
5 Section 79B was deleted by Mah. 16 of 2013, s. 49.
6 These words were substituted for the words “the Magistrate may authorise” by Mah. 3 of 1974, s. 18.
7 Sub-section (3) was added by Mah. 20 of 1986, s. 42.
70 The Maharashtra Co-operative Societies Act, 1960 [1961 : Mah. XXIV danger of being tampered with or funds and property of a society are in the immediate danger of being misappropriated or misapplied, the Registrar or the said officer may, notwithstanding anything contained in sub-sections (1) and (2), make an order to seize such books, records or funds of the society either himself or through an officer authorised by him in this behalf, and for that purpose the Registrar or the said officer or the officer so authorised may after reasonable notice at any reasonable time enter and search without warrant any premises where he believes such books, records or funds to be and inspect and seize such books, records or funds, and the officer or officers of the society responsible for the custody of such books, records and funds shall deliver such books, records or funds forthwith to the Registrar, the said officer or the officers so authorised, who shall acknowledge receipt of the books, records or funds of the society so seized. The Registrar, the said officer or the officer so authorised, may, for the purpose of execution of the said order, request the officer-in-charge of the nearest police station to give him necessary assistance and such police officer shall thereupon give him such assistance.]
CHAPTER VIII AUDIT, INQUIRY, INSPECTION AND SUPERVISION