95. Cooperative societies functioning immediately before re-organisation of States.- (1) Where by virtue of the provisions of Part I of the States Reorganisation Act, 1956, or any other enactment relating to reorganisation of States, any cooperative society which immediately before the day on which the reorganisation takes place, had its objects confined to one State becomes, as from that day, a multi-State cooperative society, it shall be deemed to be a multi-State cooperative society registered under the corresponding provisions of this Act and the bye-laws of such society shall, in so far as they are not inconsistent with the provisions of this Act, continue to be in force until altered or rescinded. (2) If it appears to the Central Registrar or any officer authorised in this behalf by the Central Government (hereafter in this section referred to as the authorised officer) that it is necessary or expedient to reconstitute or reorganize any society referred to in sub-section(1) the Central Registrar or the authorised officer, as the case may be, may, with the previous approval of the Central Government, place before a meeting of the general body of that society, held in such manner as may be prescribed, a scheme for the reconstitution or reorganisation, including proposals regarding - (a) the formation of new multi-State cooperative societies and the transfer thereto in whole or in part, of the assets and liabilities of that society, or (b) the transfer, in whole or in part, of the assets and liabilities of that society to any other multi-State cooperative society in existence immediately before the date of that meeting of the general body (hereafter in this section referred to as the existing multi-State cooperative society). (3) If the scheme is sanctioned by a resolution passed by a majority of the members present at the said meeting, either without modifications or with modifications to which the Central Registrar or the authorised officer agrees, he shall certify the scheme and upon such certification, the scheme shall, notwithstanding anything to the contrary contained in any law, regulation or bye-laws for the time being in force, be binding on all the societies affected by the scheme, as well as the share-holders and creditors of all such societies. (4) If the scheme is not sanctioned under sub-section (3), the Central Registrar or the authorised officer may refer the scheme to such Judge of the appropriate High Court, as may be nominated in this behalf by the Chief Justice thereof, and the decision of that Judge in regard to the scheme shall be final and shall be binding on all the societies affected by the scheme as well as the shareholders and creditors of all such societies. Explanation - In this sub-section, "appropriate High Court" means the High Court within the local limits of whose jurisdiction the principal place of business of the multi-state cooperative society is situated. (5) Notwithstanding anything contained in this section, where a scheme under sub-section (2) includes any proposal regarding the transfer of the assets and liabilities of any multi-State cooperative society referred to in clause (b) thereof, the scheme shall not be binding on such multi-State cooperative society or the shareholders and creditors thereof, unless the proposal regarding such transfer is accepted by that multi-State cooperative society by a resolution passed by a majority of the members present at a meeting of its general body. |
