TNCOS Rules 17Chapter II · Registration of Co-Operative Societies and Bye-Laws

Section 17 · Direction by Registrar for amalgamation of societies

(1)

The draft of the proposed order for amalgamation of societies under section 14 shall, among others, specify the manner in which the board of the society resulting from such amalgamation shall be constituted and the bye-laws which such society shall follow.

(2)

If any society fails, within a period of fifteen days from the date of receipt of the draft order, to communicate a copy of the draft order or gist thereof under clause (a) of sub-section (2) of section 14, the Registrar may authorise the financing bank or the federal society or any person subordinate to him or an employee of the society concerned to communicate, within a period of fifteen days from the date of such authorisation, a copy of the draft order or gist thereof to every member and creditor of such society calling upon such member or creditor to send his objections and suggestions, if any, direct to the Registrar.

(3)

The draft order or gist thereof shall be communicated by the society concerned or by the person authorised by the Registrar under sub-rule (2) by one or more of the following vnodes, namely:-

(a)

by giving or tendering it to such person and if he is not found, to some adult member of his family under acknowledgement; or

(b)

by sending it by post under certificate of posting to his last known address; or

(c)

by affixing it in some conspicuous part of his last known place of residence or business.

(4)

Where the bye-laws of an amalgamated society do not provide for nomination of all the members of the board, the Registrar may nominate the board including the president and vice-president to conduct its affairs fora period not exceeding three months from the date of its registration and the board so nominated shall exercise all the powers conferred and discharge all the duties imposed on the board under the bye-laws of such amalgamated society.

(5)

Upon the issue of the order under sub-section (1) of section 14, the board of each of the societies ordered to be amalgamated shall deliver possession of the books, accounts, documents, securities, cash and other properties in their possession to the board of the amalgamated society nominated under sub-rule (4) or under clause (b) of sub-section (1) of section 33.

(6)

The Registrar shall, before the expiry of the term of office of the board nominated under sub-rule (4), arrange for the constitution of a board in accordance with the provisions of the Act, these rules and the bye-laws of the amalgamated society and as soon as such a board is constituted, such nominated board shall, irrespective of the period for which it was nominated, cease to function and it shall hand over the management of the society to the board so constituted.

(7)

Every member or creditor referred to in sub-section (4) of section 14 shall make an application separately which shall be distinct from his suggestions and objections.

(8)

Where the copy of the draff order or gist thereof is communicated under sub-rule (2) by any person authorised by the Registrar, the Registrar may, by order, determine the costs to be paid to the Government or to the person authorised, as the case may be, and direct its recovery from the society concerned or the amalgamated society.

Your private note on this section

Only you can see this note.