Multi-State Cooperative Societies Act, 1984
13. Liability.-
1.
No
multi-State cooperative society with unlimited liability shall be registered
after the commencement of this Act:
Provided that where a
multi-unit cooperative society with unlimited liability was functioning before
the commencement of this Act, such a society shall exercise the option within a
period of one year from such commencement either to continue to function as
such or to convert itself into a multi-State cooperative society with limited
liability by following the procedure specified in sub-sections (2) to (4).
1.
2.
Subject
to the provisions of this Act and the rules, a multi-unit cooperative society
may, by an amendment of its bye-laws, change the extent of its liability.
3.
When
a multi-unit cooperative society has passed a resolution to change the extent
of its liability, it shall give notice thereof in writing to all its members
and creditors, and, notwithstanding anything contained in the bye-laws or
contract to the contrary, any member or creditor shall, during the period of
one month from the date of service of the notice upon him, have the option of
withdrawing his shares, deposits or loans, as the case may be.
4.
Any
member or creditor who does not exercise his option within the period specified
in sub-section (3) shall be deemed to have assented to the change.
5.
An
amendment of a bye-law of a multi-unit cooperative society changing the extent
of its liability shall not be registered or shall not take effect until either-
a. the assent thereto of
all members and creditors has been obtained: or
b. all claims of members
and creditors who exercise the option referred to in sub-section (3) within the
period specified therein have been met in full or otherwise satisfied.