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Section 15 – The Delhi Co-Operative Societies Act,1972

The Delhi Co-Operative Societies Act,1972

15. Amalgamation, transfer of assets and liabilities and division of co-operative societies.-

(1) A co-operative society may with previous approval of the Registrar and by a resolution passed by a two-thirds majority of the members present and voting at a general meeting of the society.- transfer its assets and liabilities in whole or in part to any other co-operative society, divide itself into two or more co-operative societies.

Any two or more co-operative societies may, with the previous approval of the Registrar and by a resolution passed by a two-thirds majority of the members present and voting at a general meeting of each such society, amalgamate themselves and form a new co-operative society.

The resolution of a co-operative society under sub section 91) or sub section (2) shall contain all particulars of the transfer, division or amalgamation, as the case may be.

Provided that in the case of a co-operative bank, the Registrar shall not accord approval to any such resolution without the previous sanction in writing of the Reserve Bank.

When a co-operative society has passed any such resolution, it shall give notice thereof in writing to all its members and creditors and notwithstanding any bye-laws or contract to the contrary, any member, or creditor shall, during the period of one month of the date of service of the notice upon him have the option of withdrawing his shares, deposits or loans, as the case may be.

Any member or creditor who does not exercise his opinion within the period specified in sub section (4) shall be deemed to have assented to the proposals contained in the resolution.

A resolution passed by a co-operative society under this section shall not take effect until, either – The assent thereto of all the members and creditors has been obtained , or all claims of members and creditors who exercise the option referred to in sub section (4) within the period specified therein have been met in full.

Where a resolution passed by a co-operative society under this section involves the transfer of any assets liabilities, the resolution shall, notwithstanding anything contained in any law for the time being in force, be a sufficient conveyance to vest the assets and liabilities in the transferee without any further assurance.

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The Delhi Co-Opearative Societies Act,1972

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