Section 17 - Amalgamation or transfer of assets and liabilities, or division of multi-State co‑operative societies. - Multi-State Co-Operative Societies Act, 2002

Amalgamation or transfer of assets and liabilities, or division of multi-State co operative societies. 17. (1) A multi State co operative society may, by a resolution passed by a majority of not less than two thirds of the members, present and voting at a general meeting of the society held for the purpose, ( a ) transfer its assets and liabilities in whole or in part to any other multi-State co operative society or co operative society; ( b ) divide itself into two or more multi State co operative societies; ( c ) divide itself into two or more co operative societies. (2) Any two or more multi State co operative societies may, by a resolution passed by a majority of not less than two thirds of the members present and voting at a general meeting of each such society, amalgamate themselves and form a new multi State co operative society. (3) The resolution of a multi State co operative society under sub section (1) or sub section (2) shall contain all particulars of the transfer or division or amalgamation, as the case may be. (4) When a multi State co operative society has passed a resolution under sub-section (1) or sub section (2), it shall give notice thereof in writing to all the members and creditors, and, notwithstanding anything contained in the bye laws or contract to the contrary, any member or creditor shall, during the period of one month of the date of service of the notice upon him, have the option of withdrawing his shares, deposits or loans, as the case may be. (5) Any member or creditor who does not exercise his option within the period specified in sub section (4) shall be deemed to have assented to the proposals contained in the resolution. (6) ( a ) A resolution passed by a multi State co operative society under this section shall not take effect until the assent thereto of all the members and creditors has been obtained. ( b ) The multi State co operative society shall make arrangements for meeting in full or otherwise satisfying all claims of the members and creditors who exercise the option within the period specified in sub section (4). (7) On receipt of an application for the registration of new societies formed by division in accordance with the resolution passed under sub section (1) or of a new society formed by amalgamation in accordance with the resolution passed under sub section (2), the Central Registrar, on being satisfied that the resolution has become effective under sub section (6) shall, unless for reasons to be recorded in writing he thinks fit to refuse so to do, register the new society or societies, as the case may be, and the bye laws thereof. (8) On the issue of an order under sub section (7), the provisions of section 21 shall, so far as may be, apply to the multi State co operative society so divided or the multi State co operative societies so amalgamated. (9) Where a resolution passed by a multi State co operative society under this section involves the transfer of any assets and liabilities, the resolution shall, notwithstanding anything contained in any other law for the time being in force, be a sufficient conveyance to vest the assets and liabilities in the transferee without any further assurance. 1 [ (10) Any co-operative society may, by a resolution passed by majority of not less than two-thirds of the members present and voting at a general meeting of such society, decide to merge into an existing multi-State co-operative society: Provided that such resolution shall be subject to the provisions of the respective State Co-operative Societies Act for the time being in force under which such co-operative society is registered. ] **************** NOTES:- 1. Inserted vide THE MULTI-STATE CO-OPERATIVE SOCIETIES (AMENDMENT) ACT, 2023 dated 03-08-2023