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Tuesday 20 September 2022

Section 18B of MCS ACT 1960 : Amalgamation of primary agricultural credit societies

18B.Amalgamation of primary agricultural credit societies

(1) Where the Registrar is satisfied that it is essential—

   (a)for ensuring economic viability of one or more primary agricultural credit societies ;

   (b)for avoiding overlapping or conflict of jurisdictions of such societies in any area ;

   (c)in order to secure the proper management of one or more such societies ;

   (d)in the interest of the credit structure or co-operative movement in the State as a whole ;

   (e)in the interest of the depositors ; or

   (f)for any other reason in the public interest,

that two or more primary agricultural credit societies should be amalgamated, then notwithstanding anything contained in section 17, the Registrar may, after consulting such federal society or other authority as may be notified by the State Government in this behalf, by order published in the Official Gazette, provide for the amalgamation of those societies into a single society. The constitution, property, rights, interest, and authorities

and the liabilities, duties and obligations of the amalgamated society shall be such as may be specified in the order. Such order may provide for the reduction of the interest or rights which the members, depositors, creditors, employees and other persons may have in, or against, any society to be amalgamated to such extent as the Registrar considers necessary in the interest of such persons for the maintenance of the business of that society, having due regard to the proportion of the assets of such society, to its liabilities. Such order may also contain such incidental, consequential and supplemental provisions as may, in the opinion of the Registrar, be necessary to give effect to the amalgamation of the societies :

    Provided that, such notifed federal society or the other authority shall communicate its opinion to the Registrar within a period of forty-five days from the date of receipt of communication, failing which it shall be presumed that such notified federal society or other authority has no objection to the scheme of amalgamation and the Registrar shall be at liberty to proceed further to take action accordingly.]


(2)No order shall be made under sub-section (1), unless—

  (a)a copy of the proposed order has been sent in draft to each of the societies concerned ;

  (b)the Registrar has considered and made such modifications in the draft order as may seem to him desirable in the light of any suggestions or objections which may be received by him within such period (not being less than two months from the date on which the copy of the proposed order was received by the societies) as the Registrar may fix in that behalf, either from the societies or any members, depositors, creditors, employees or other persons concerned.

(3)When any order is made by the Registrar under sub-section (1), the provisions of sub-sections (3) to (7) (both inclusive) of section 18-A shall, mutatis mutandis, apply to such order, in the same manner as they are applicable to any order made by him under sub-section (1) of that section.]