Section 78 - Inquiry by Central Registrar. - Multi-State Co-Operative Societies Act, 2002

Inquiry by Central Registrar. 78. (1) The Central Registrar may, on a request from a federal co operative to which a multi State co operative society is affiliated or a creditor or not less than one third of the members of the board or not less than one fifth of the total number of members of a multi State co operative society hold an inquiry or direct some person authorised by him by order in writing in this behalf to hold an inquiry into the constitution, working and financial condition of a multi State co operative society: Provided that no inquiry under this sub section shall be held unless a notice of not less than fifteen days has beep given to the multi State co operative society. 1 [ (1A) If the Central Registrar is satisfied on the basis of information available with him or furnished to him by a Government agency, that the business of a multi-State co-operative society is being carried on for a fraudulent or unlawful purpose, he may, after informing the multi-State co-operative society of the allegations made against it, by a written order, call on the multi-State co-operative society to furnish in writing any information or explanation, with the endorsement of the board of the society, on matters contained in such order within the time specified therein: Provided that if the Central Registrar is not satisfied with the explanation of the society, he shall either himself or through an office or agency authorised by him, conduct inquiry into the constitution, working and financial condition of the society. (1B) Notwithstanding anything contained in this Act, the Central Registrar shall, either suo motu or through an officer or agency authorised by him, conduct inquiry into the constitution, working and financial condition of any multi-State co-operative society, once in such period as may be determined by the Central Government. ] (2) The Central Registrar or the person authorised by him under sub section (1) shall have the following powers, namely: ( a ) he shall at all reasonable times have free access to the books, accounts, documents, securities, cash and other properties belonging to or in the custody of the multi State co operative 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 specified by him; ( b ) he may, notwithstanding any bye law specifying the period of notice for a general meeting of the multi State co operative society, require the officers of the society to call a general meeting of the society by giving notice of not less than seven days at such time and place at the headquarters of the society to consider 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; ( c ) he may summon any person who is reasonably believed by him to have any knowledge of the affairs of the multi State co operative society to appear before him at any place at the headquarters of the society or any branch thereof and may examine such person on oath. (3) Any meeting called under clause ( b ) of sub section (2) shall have all the powers of a general meeting of the society called under the bye laws of the society and its proceedings shall be regulated by such bye laws. (4) The Central Registrar shall, within a period of three months of the date of receipt of the report, communicate the report of inquiry to the multi State co operative society, the financial institutions, if any, to which the society is affiliated, and to the person or authority, if any, at whose instance the inquiry is made. **************** NOTES:- 1. Inserted vide THE MULTI-STATE CO-OPERATIVE SOCIETIES (AMENDMENT) ACT, 2023 dated 03-08-2023