The Report of every audit conducted under Section 62 shall be communicated, considered and complied with in the manner prescribed.]
3[63-A. Annual Audit Report of Auditor-General :– (1) The Auditor-General shall furnish to the State Government an Annual Report for every Co-operative Year within nine months of the closure of the year, incorporating
1. Substituted by Orissa Act 28 of 1991.
2. Inserted by Orissa Act 11 of 2004.
(a) a Society to which the Society concerned is affiliated;
(b) a majority of the members of the Committee of the Society; or
(c) not less than one-third of the total number of members of the Society.
(3) The Registrar, or the person authorised by him under Sub-Section
(1) shall, for the purposes of an inquiry under Sub-Section (1) or Sub-Section
(2) have the following powers, namely :–
(a) he shall, at all times, have free access to the books, accounts, documents, securities, cash and other properties belonging to or in the custody of the Society and may summon any person in possession or responsible for the custody of any such books, accounts, documents, securities, cash or other properties, to produce the same at any place at the head-quarters of the Society or any branch thereof;
(b) he may summon any person who, he has reason to believe, has knowledge of any of the affairs of the Society to appear before him at any place at the head-quarters of the Society or any branch thereof and may examine such person on oath; and
(c) (i) he may, notwithstanding any rule or bye-laws specifying the period of notice for a general meeting of the Society, require the Officers of the Society to call a general meeting at such time and place at the head-quarters of the Society or any branch thereof and to determine such matters as may be directed by him and where the Officers of the Society refuse or fail to call such a meeting he shall have power to call it himself :
Provided that no such meeting shall be called without giving notice of at least five days prior to the date of the meeting;
(ii) a meeting called under Sub-clause (i) shall for all purposes be deemed to be a general meeting called under the Bye-laws of the Society and its proceedings shall be regulated by such Bye-laws except that no quorum shall be necessary for such meeting;
(d) if he has reasons to believe that the continuance of any Officer of the Society in Office will be detrimental to the interests of the Society, he may, by order assigning reasons therefor, suspend such Officer or member from holding the Office during the tendency of the enquiry :
Provided that in no case the suspension as aforesaid shall extend over a period of more than six months :
Provided further that no order of suspension shall be passed by any
1. Substituted by Orissa Act 28 of 1991.
2. Substituted by ibid.
3. Inserted by Orissa Act 28 of 1991.
any money or other property belonging to the Society, the Auditor-General or a person authorised by him by an order in writing in that behalf, on his own motion or on the application of a liquidator, the Committee or any creditor, after giving the person concerned a reasonable opportunity of being heard, may make an order in the manner prescribed, requiring him to repay or restore the money or property or any part thereof, with interest at such rates, or to pay such contribution, costs or compensation as he may consider just and equitable and all such orders shall have effect without prejudice to any other action that may be lawfully taken against him :
Provided that no proceedings under this Section shall be initiated after the expiry of a period of four years from the date any act or omission as aforesaid is first detected during audit, inspection, inquiry or the winding up of a Society, as the case may be.
(2) Notwithstanding anything to the contrary in Sub-Section (1), any authority competent to initiate, institute or dispose of any proceedings under this Section as it stood prior to the date of commencement of Section 35 of the Orissa Co-operative Societies (Amendment) Act, 1991 shall continue to be so competent until appointment of the Auditor-General and upon such appointment, all proceedings pending before any such authority as on the date of the said appointment shall stand transferred to the Auditor-General who shall dispose of the same in accordance with law.]
1 [CHAPTER - VIII-A] CONSTITUTION AND POWERS OF TRIBUNAL 67-A. Constitution of Co-operative Tribunal:– 2[(1) (i) The State Government shall by notification constitute a Tribunal, to be called the Cooperative Tribunal, consisting of such number of members with such qualifications as may be prescribed, so however that–
(a) if there are more than one member, one among them shall be from the Orissa Superior Judicial Service (Senior Branch) who shall be the Chairman; and
(b) if there is only one member, he shall be from the Orissa Superior Judicial Service (Senior Branch).
(ii) The Tribunal may sit at such place or places as it may find convenient for the transaction of its business.]
(2) The Tribunal constituted under Sub-Section (1) shall exercise such powers and perform such functions as are or may be conferred by or under the provisions of this Act.
3[67-B. Powers of Tribunal :– 4[(1)(i) Notwithstanding anything contained in any law for the time being in force, any dispute arising in connection
1. Substituted by Orissa Act 28 of 1991.
2. Inserted by ibid.
3. Inserted by ibid.
to the Registrar if the parties thereto are among the following, namely :–
(a) the Society, its Committee, past Committee, any past or present Officer or office bearer, any past or present agent, any past or present servant, or the nominee, legal heir or representative of any deceased officer, office-bearer, deceased agent or deceased servant of the Society; or
(b) a member, past member, or a person claiming through a member, past member or deceased member of the Society, or of a Society which is a member of the Society; or
(c) a surety of a member, past member or a deceased member, whether such surety is or is not a member of the Society; or
(d) any other Society.
Explanation I – A claim in respect of any sum payable to or by a Society, by or to a person or Society mentioned in Clauses(a) to (d), shall be a dispute touching the business of the Society within the meaning of this Section, even in case such claim is admitted and the only points at issue are the ability to pay and the manner of enforcement of payment.
Explanation II – A claim by a Financing Bank against a member of a Society which is a member of the Financing Bank and indebted to it for the recovery of dues payable by such member to the Society shall be a dispute touching the business of the Financing Bank within the meaning of this Section.
Explanation III – The question whether a person is or was a member of a Society or not shall be a dispute within the meaning of this Section.
Explanation IV – A claim by a surety for any sum or payment due to him from the principal borrower in respect of a loan advanced by a Society shall be a dispute within the meaning of this Section.
Explanation V – The question whether a person or any one of his family members is carrying on any business prejudicial to the business or interests of the Society, or whether such family member has common economic interest with such person shall be a dispute within the meaning of this Section.]
(2) Any person, Society, 1[or Financing Bank] referring a dispute to the Registrar under Sub-Section (1) shall deposit in advance such fees as may be prescribed.
(3) No dispute referred to in this Section shall be entertained in any Civil Court and decision of the Registrar in this respect shall, subject to the provisions of Section 70, be final.
(4) If any question arises whether a dispute referred to the Registrar under this Section is a dispute touching the constitution, management or the
1. Substituted by Orissa Act 23 of 1994.
2. Substituted by Orissa Act 19 of 1983.
3. Inserted by Orissa Act 28 of 1991.
4. Substituted by Orissa Act 23 of 1994.
WINDING UP AND DISSOLUTION OF SOCIETIES