Co-operative Societies Act 1979 · 2020 Revised Edition · Part 8 · Duties and Powers of Registrar
77. Power to inspect materials, etc.
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The Registrar or an authorised person may, for any of the purposes of this Act or in discharging the Registrar’s functions or duties under this Act, exercise all or any of the following powers in relation to a society:
Registrar
“Registrar” means the Registrar of Co‑operative Societies appointed under section 3(1), and includes a Deputy Registrar, an Assistant Registrar, or a public officer appointed under section 3(1), exercising such function, duty or power of the Registrar as is delegated to the Deputy Registrar, Assistant Registrar or public officer (as the case may be) under section 3(2);
at all reasonable times have full and free access to all materials and information belonging or relating to the society;
require the following persons to produce or furnish any relevant thing, in relation to the society, within such time and in such manner as the Registrar or authorised person may specify:
any officer, agent, employee or member of the society;
any other person whom the Registrar or authorised person reasonably believes has possession or custody of the relevant thing.
The Registrar or an authorised person may, for an enforcement purpose, at all reasonable times and without warrant —
enter and search any of the following premises, if the Registrar reasonably believes that evidence of the commission of an offence under this Act can be found at those premises:
any premises of a society;
any other premises at which the Registrar reasonably believes that any relevant thing, in relation to the society, is kept or stored; and
take any relevant thing, in relation to the society, from those premises, if the Registrar considers it necessary to do so for the purpose of obtaining evidence of an offence under this Act.
For the purposes of subsection (2), an authorised person must act under the Registrar’s supervision, unless the authorised person is a public officer.
officer
“officer” includes a chairperson, vice‑chairperson, director, secretary, assistant secretary, treasurer, assistant treasurer, member of committee of management, employee, internal auditor, liquidator or other person empowered under this Act, the Rules or the by-laws, to give directives in regard to the business of a society or to supervise the business;
The Registrar or authorised person may, without payment —
inspect, copy or make extracts from any material or information produced or furnished pursuant to a requirement under subsection (1)(b); and
retain the material or information for such period as the Registrar or authorised person determines to be necessary.
Where any material or information produced or furnished pursuant to a requirement under subsection (1)(b) is kept in electronic form —
electronic form
“electronic form” means the form of an electronic record as defined in section 2(1) of the Electronic Transactions Act 2010;
the power of the Registrar or authorised person under subsection (1)(b) includes the power to require a copy of the material or information to be produced or furnished in legible form; and
subsection (4) applies to any copy of the material or information produced or furnished in legible form.
In this section and sections 79, 80 and 81 —
“computer” has the meaning given by section 2(1) of the Computer Misuse Act 1993;
“enforcement purpose” means —
ensuring that this Act, and the terms and conditions imposed or specified by the Registrar under this Act, are being complied with; or
investigating an offence under this Act, or a contravention of this Act;
“material” means any document or record, whether kept in hard copy form or in electronic form, or any computer or other device;
hard copy form
“hard copy form” means a paper form or similar form capable of being read by a human being without using any other device;
“relevant thing”, in relation to a society, means —
society
“society” means a co-operative society registered under this Act and includes a primary society, a secondary society and an apex organisation;
any moneys, securities or other assets belonging or relating to the society; or
any material or information —
belonging or relating to the society; or
relating to any transaction of the society, or the management of the affairs of the society.