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Section 14: Amalgamation, transfer or division of societies

The Puducherry Co-Operative Societies Act, 1972Union territory Act of Puducherry · Act 7 of 1973

(1) A society may, with the previous approval of the Registrar, by resolution passed by two-thirds majority of the members present and voting at a special general meeting held for the purpose, decide.-

(a) to amalgamate with another society;

(b) to transfer its assets and liabilities, in whole or in part, to any other society;

(c) to divide itself into two or more societies:

Provided that, when such amalgamation, transfer, division aforesaid, involves a transfer of the liabilities of a society to any other society, no order on the resolution shall be passed by the Registrar, unless he is satisfied that --

(i) the society, after passing such resolution, has given notice thereof in such manner as may be prescribed to all its members, creditors and other persons whose interests are likely to be affected (hereinafter, in this section referred to as "other interested persons"), giving them the option, to be exercised within one month from the date of such notice, of becoming members of any of the new societies, or continuing their membership in the amalgamated society or demanding payment of their share or interest or dues, as the case may be;

(ii) all the members and creditors and other interested persons, have assented to the decision, or deemed to have assented thereto by virtue of any member or creditor or any other interested person failing to exercise his option within the period specified in clause (i) aforesaid; and

(iii) all claims of members and creditors and other interested persons who exercise the option within the period specified, have been met in full or otherwise satisfied.

(2) Notwithstanding anything contained in the Transfer of Property Act, 1882 (Central Act 4 of 1882), or the Registration Act, 1908 (Central Act 16 of 1908) in the event of division, the registration of the new societies and in the event of amalgamation, on the amalgamation the resolution of the societies concerned with amalgamation, shall in each case be sufficient conveyance to vest the assets and liabilities of the original society or amalgamating societies in the new societies or amalgamated society, as the case may be.

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(3) The amalgamation of societies, or division of a society shall not affect any rights or obligation of the societies so amalgamated, or society so divided or render defective any legal proceedings which might have been, continued or commenced by or against the societies which have been amalgamated, or divided;

and accordingly, such legal proceedings may be continued or commenced by or against the amalgamated society, or the new societies.

(4) Where two or more societies, have been amalgamated or a society has been divided the registration of such societies or society shall be cancelled on the date of registration of the amalgamated society, or the new societies between which the society may have been divided.

Where this provision sits

ActThe Puducherry Co-Operative Societies Act, 1972
Section14
Marginal noteAmalgamation, transfer or division of societies
JurisdictionUnion territory of Puducherry
StatusIn force as published by the source

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