Co-operative Societies Act 1979 · 2020 Revised Edition · Part 8 · Duties and Powers of Registrar
94A. Powers of Registrar to protect interests of members or property of society
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If the Registrar is satisfied, after due inquiry by a person appointed by the Registrar or for any other reason, that it is necessary or desirable to protect the interests of the members, or to protect the property, of a society, the Registrar may by order do one or more of the following:
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);
suspend all or any of the activities of the society, for such period as the Registrar may specify;
remove the committee of management of the society, and appoint one or more individuals as statutory manager, on such terms and conditions and for such period as the Registrar may specify, to manage and administer the affairs and property of the society;
appoint one or more individuals as statutory adviser, on such terms and conditions and for such period as the Registrar may specify, to advise the society on the proper management of such of its affairs and property as the Registrar may determine;
appoint such number of additional individuals to the committee of management of the society as the Registrar considers necessary for the proper administration of the society, on such terms and conditions and for such period as the Registrar may specify;
suspend, for a period not exceeding 24 months, any officer or employee of the society, and provide for arrangements during the period of suspension of that officer or employee (such as for the execution of any instrument, or the carrying out of any act, on behalf of that officer or employee);
prohibit the society from parting with the property without the Registrar’s approval.
An order under subsection (1) must be published in the Gazette.
Where subsection (1) applies, the Registrar may, in addition to the powers under that subsection, order the society to take such action (including refraining from doing any act) within such period as may be specified in the order, being action which the Registrar considers necessary or desirable to protect the interests of the members, or to protect the property, of the society.
society
“society” means a co-operative society registered under this Act and includes a primary society, a secondary society and an apex organisation;
The Registrar must, before exercising any power under subsection (1) or (2) —
give to the committee of management of the society or the affected officer or employee (as the case may be) a reasonable opportunity to show cause why the Registrar should not exercise that power; and
consider the objections (if any) of the committee of management or that officer or employee, as the case may be.
The allowances of an individual appointed to a committee of management under subsection (1), and the remuneration or fee of a statutory manager or statutory adviser appointed under that subsection, are to be paid out of the society’s funds or borne by such person (including, in the case of the remuneration or fee of a statutory manager or statutory adviser, the Co‑operative Societies Liquidation Account) as the Registrar determines.
committee of management
“committee of management” means the governing body (by whatever name called) of a society which is responsible for the management of the affairs of the society;
Subject to the general direction and control of the Registrar, a statutory manager appointed under subsection (1)(b) for a society has all the duties and powers of the committee of management of the society.
Every statutory manager appointed under subsection (1)(b) must arrange, before the date on which the appointment ends, for the election of a new committee of management in accordance with the by‑laws of the society.
by-laws
“by-laws” means the registered by-laws made by a society in the exercise of any power conferred by this Act, and includes a registered amendment of the by-laws;
Where the Registrar appoints 2 or more individuals as statutory manager of a society, the Registrar must specify, in the terms and conditions of the appointment, which of the duties, functions and powers of the statutory manager —
may be discharged or exercised jointly and severally;
must be discharged or exercised jointly; and
must be discharged or exercised by one or more specified individuals.
Where the Registrar has exercised the Registrar’s power under subsection (1) to appoint a statutory manager, a statutory adviser or any other individual, the Registrar may, by order, do one or more of the following:
vary or revoke that appointment, on such terms and conditions as the Registrar may specify;
further exercise the Registrar’s power under subsection (1) to appoint another statutory manager, statutory adviser or individual;
add to, vary or revoke any term or condition specified by the Registrar for that appointment.
An order under subsection (8) must be published in the Gazette.
The Registrar must, before exercising any power under subsection (8) —
give the affected statutory manager, statutory adviser or individual (as the case may be) a reasonable opportunity to show cause why the Registrar should not exercise that power; and
consider the representations (if any) of that statutory manager, statutory adviser or individual, as the case may be.
However, subsections (3) and (9) do not apply if the Registrar considers, in the circumstances of a particular case, that it is necessary to immediately exercise a power under subsection (1) or (2) and a power under subsection (8), respectively, in order to protect the interests of the members, or to protect the property, of the society.
Where pursuant to subsection (10) the Registrar immediately exercises a power under subsection (1), (2) or (8), the committee of management of the society or the affected person (as the case may be) may, within one month after the Registrar makes an order under subsection (1), (2) or (8), apply to the Registrar to review that order.
The Registrar may, on reviewing an order under subsection (11) —
confirm the order;
vary the order; or
rescind the order.
A person aggrieved by any order of the Registrar made under subsection (1), (2) or (8), or by any variation of that order under subsection (12), may appeal in writing to the Minister —
in the case of an order made under subsection (1) after the Registrar complied with subsection (3) — within 2 months after the date of publication of that order in the Gazette;
in the case of an order made under subsection (2) after the Registrar complied with subsection (3) — within 2 months after the date of that order;
in the case of an order made under subsection (8) after the Registrar complied with subsection (9) — within 2 months after the date of publication of that order in the Gazette; or
in the case of an order made under subsection (1), (2) or (8) when, pursuant to subsection (10), the Registrar immediately exercised the power under subsection (1), (2) or (8) (as the case may be), or in the case of any variation of that order under subsection (12) — within 2 months after the date on which that order is confirmed or varied (as the case may be) under subsection (12).
The decision of the Minister on an appeal under subsection (13) is final.
Unless the Registrar directs otherwise in any particular case —
a review under subsection (11) of the Registrar’s order does not affect the operation or implementation of the order; and
the order must be complied with until it is rescinded by the Registrar.
Unless the Minister directs otherwise in any particular case —
an appeal under subsection (13) against the Registrar’s order does not affect the operation or implementation of the order; and
the order must be complied with until it is set aside by the Minister.
No liability shall lie personally against any statutory manager, statutory adviser or individual appointed under subsection (1) who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act.