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Section 38: Procedure to be adopted for taking possession of books documents, securities, cash, other properties etc. of the society

The Rajasthan Co-operative Societies Rules, 2003State Rules of Rajasthan · 2002

(1) Where taking possession of books, accounts, documents, papers, securities, cash, or other properties of a society is considered necessary and where taking of such possession is resisted or obstructed, the Chief Executive Officer or the Registrar, or a person authorised by the Registrar, the liquidator, the administrator or any other person entitled to the same may take or cause to be taken order for seizing the books, accounts, documents, papers, securities, cash or other properties of the society, as the case may be in the manner provided in section 31:

1[Provided that in a society where there is no Chief Executive Officer, a person working in place of the Chief Executive Officer, as per the bye-laws of the society and if there is no such person working as the Chief Executive Officer, then the Chairperson of the society may take action as above under this rule.]

(2) Any person appointed by the Registrar as a Liquidator of a society or any person authorised by the Registrar to audit the accounts of a society under section 54 or any person authorised by the Registrar to hold an inquiry into the constitution, working and financial conditions of a society under section 55 or any person authorised for an inspection of books by a financing bank under section 56 shall, in cases where the misappropriation of funds, breach of trust or fraud has been committed or where it is suspected or apprehended that the books, accounts, documents, papers, securities, cash or other properties of a society are likely, to be tampered with or destroyed or removed and where taking possession of such books, accounts, papers, securities, cash or other 1 Added by G.S.R. 53 dated 10.7.2017, published in Raj. Gazette E.O. part 4 (x)(I) dated 10.7.2017, come into force at once.

48 properties is considered necessary, shall follow the same procedure, with the previous permission of the Registrar, as is laid down in section 31 for the purpose of obtaining such possession.

Where this provision sits

ActThe Rajasthan Co-operative Societies Rules, 2003
Section38
Marginal noteProcedure to be adopted for taking possession of books documents, securities, cash, other properties etc. of the society
JurisdictionState of Rajasthan
StatusIn force as published by the source

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