[Ch4204s103]103.   Power to supply assistance

            The Commissioner, or a secondary society authorized under section 5, shall provide or cause to be provided such technical information and advice regarding the affairs of a society as may be necessary to assist its officers and members in complying with this Act and achieving the objects of the society.

[Ch4204s104]104.   Commissioner may convene meetings

            (1) If a society fails to hold an Annual General Meeting, the Commissioner may call a general meeting.

            (2) The Commissioner may at any time call a Special General Meeting of the society to be held at the time, date and place specified in the notice which shall also specify the matters to be discussed at the meeting; the provisions of section 47 shall not apply to such a meeting.

            (3) The Commissioner or a person nominated by him shall preside at a meeting authorized by this section.

            (4) Notwithstanding any other provision of this Act, any regulations or bye-laws a meeting authorized by this section shall have all the powers of a general meeting of the society convened under its bye-laws and its quorum shall be such number of members or delegates as attend the meeting.

[Ch4204s105]105.   Miscellaneous powers of the Commissioner

            Without prejudice to any other power under this Act, the Commissioner shall have power to-

     (a)     prescribe the form of the report required by section 10(2)(b);

     (b)     prescribe the form of the annual return to be submitted by every society under section 82; and

     (c)     prescribe the accounts, records and books to be kept by a society.

[Ch4204s106]106.   Commissioner may attend meetings

            The Commissioner or a person authorized by him shall be entitled to attend general meetings and committee meetings of any society, and to take part in the proceedings but not to vote; and to enable him to do so, the Commissioner may require societies to send to him copies of all notices of meetings as and when they are sent to members.

[Ch4204s107]107.   Inspection of society

            The Commissioner or a person authorized by him in writing shall be entitled at all reasonable times to inspect the books, accounting records, papers, securities and cash in hand of a society and every officer or employee of the society shall furnish all such information about the transactions and working of the society as the person making the inspection may require.

[Ch4204s108]108.   Discussion of inspection report

            (1) As soon as may be after an inspection under section 107 the person who conducted the inspection shall-

     (a)     meet with the committee to discuss with them the condition of the society as he found it and the need for any immediate action to be taken to improve the operation of the society or to protect the interests of its members; and

     (b)     submit a report on the discussions to the Commissioner for such further action as he may consider necessary.

            (2) The Commissioner may make an order directing the officers of the society to take the action specified in the order within the time mentioned to remedy the defects disclosed by the inspection.

[Ch4204s109]109.   Investigation of a society

            (1) The Commissioner may appoint an investigator at any time to investigate and report on the affairs of a society.

            (2) Without prejudice to his powers under subsection (1), the Commissioner shall, on the written application of-

     (a)     a majority of the committee; or

     (b)     a majority of any supervisory board; or

     (c)     one-third of the members of a society,

appoint an investigator to investigate and report on the affairs of the society.

            (3) All officers, employees, agents or members of the society shall produce all books, accounting records, documents, cash and securities of or relating to the society which are in their custody or power which may be required by the investigator and give him any information and assistance in connection with the investigation as they are reasonably able to give.

            (4) In this section the terms "officers" "employees", and "members" include past officers, employees and members of the society and the term "agents" includes past agents and also bankers and attorneys for the society.

            (5) The Commissioner may, on the recommendation of the investigator, apportion the costs or such part of the costs as he may think fit, between the society, the committee member or members demanding an enquiry, and the officers of the society; and any such sum awarded by way of costs may be recovered on application to a court, in the same manner as a fine imposed by the court.

            (6) Any society, or any officer, employee, agent, or member of such a society, who wilfully neglects or refuses to produce the books, accounting records, and other property, or to give any information and assistance which he is in a position to give, shall be guilty of an offence and liable on conviction by a court of competent jurisdiction to the penalty prescribed by subsection (1) of section 122.

[Ch4204s110]110.   Restoration of misapplied property

            (1) Where, in the course of the audit of a society under section 82, an inspection under section 107, an investigation under section 109 or the winding up of a society, it appears that any person who has taken part in the organization or management of the society, or any past or present officer, employee, or member of the society has misapplied, retained or become liable or accountable for any money or property of the society, or has been guilty of misconduct or breach of trust in relation to the society, a court of competent jurisdiction may on the application of the Commissioner inquire into the conduct of that person and make an order requiring him to repay or restore the money or property or any part thereof to the society with interest at such rate as the court thinks just, or to contribute such sum to the assets of the society by way of compensation for the misapplication, retention, misconduct or breach of trust as the court thinks just.

            (2) This section shall apply notwithstanding that the offence is one for which the offender is criminally responsible.

[Ch4204s111]111.   Appointment of special officer

            (1) The Commissioner may appoint one special officer to the committee of a society and one special officer to any supervisory board of a society.

            (2) Action may be taken under subsection (1) if-

     (a)     the society is provisionally registered under section 17; or

     (b)     it is necessary to assist the society to achieve its objects or to protect the interests of its members; or

     (c)     the society has received directly or indirectly a grant or loan from the Government or a Government agency; or

     (d)     a loan made to the society has been guaranteed by the Government or a Government agency and the guarantee is still outstanding.

            (3) A special officer shall remain a member of the committee or of the supervisory board until his appointment is terminated by the Commissioner; but whilst he is a member of the committee or of the board, he shall not be counted as a member of it for the purpose of any provisions relating to the number of members of the committee or of the board.

            (4) A special officer shall exercise all the rights of a member of the committee or of the board as the case may be except the right to vote.

[Ch4204s112]112.   Appointment of special members

            (1) The Commissioner may appoint not more than 3 special members to the committee of a society and one special member to any supervisory board of a society.

            (2) Action may be taken under subsection (1) if-

     (a)     the society has received directly a grant or loan from the Government or a Government agency and the loan or a part thereof has not been repaid by the society in accordance with the loan conditions; or

     (b)     a loan made to a society has been guaranteed by the Government or a Government agency and the Government or its agency has been called upon to implement its guarantee and the society has failed to reimburse the Government or its agency in all or a portion of the sum paid out to implement the guarantee; or

     (c)     such an appointment has been recommended in an investigators report after an investigation under section 109.

            (3) Special members shall be full members of the committee or supervisory board and may exercise all the rights of a committee member or board member including the right to vote; notwithstanding any provision to the contrary herein contained, no meeting of the committee or board shall be considered as having the required quorum if the special members are not present.

            (4) The Commissioner may by written notice to the society require that, for as long as the special members hold office-

     (a)     no cheque issued by the society shall be valid without the counter-signature of a special member; or

     (b)     decisions of the committee should be referred to the Commissioner for approval by the special members and, pending such approval, shall be of no effect.

            (5) A special member may be removed from the committee or board by the Commissioner at any time.

            (6) The allowances of special members shall be paid from the funds of the society.

[Ch4204s113]113.   Removal of the committee by the Minister

            (1) Where, after an investigation into a society held under section 109 it is disclosed that the committee of the society has failed to carry out its functions properly, has failed to carry out directives under section 120(4) of this Act or has acted in a way detrimental to the interests of the members or creditors, and the society has been significantly prejudiced thereby, the Commissioner may submit to the Minister a copy of the report of the investigator along with a recommendation that the Minister exercise his powers under this section and remove all or some of the members of the committee who, the Commissioner is satisfied, are principally responsible for the failure of the committee to carry out its functions.

            (2) If the Minister is satisfied that the Commissioner's recommendation is reasonable and ought to be accepted he shall cause to be served on the society a copy of the report and recommendation together with a notice informing the committee of its right to make written submissions to him within 14 days of the date of service of the notice on the society as to why the recommendation should not be accepted.

            (3) The Minister may, after due consideration of any submissions made to him by the committee or any member of it, order that all or so many of the members of the committee as are, in his opinion, responsible for the default should cease to be members of the committee. This order shall be served on the society and shall come into force on such service.

            (4) Where an order by the Minister under subsection (3) results in the dismissal of the whole committee, the Commissioner shall forthwith appoint not more than three administrators to protect the interests of the society and its members and creditors; and any administrators so appointed shall have and may exercise all the powers of the committee under this Act or the bye-laws until such time as the Special General Meeting required by subsection (5) is held, and such allowance or salary for the administrators as may be decided upon by the Commissioner shall be paid from the funds of the society.

            (5) The Commissioner shall, within one month of the service upon the society of an order made by the Minister under subsection (3), convene a Special General Meeting of the society to elect a new committee or new members, as the case may be, to replace those removed by the Minister.

            (6) The Special General Meeting shall be held, and the elections completed within three months of the date of the order of the Minister.

            (7) A person removed from membership of a committee under this section shall not be eligible for re-election to the Committee or for election to the committee of any other society:

            Provided that after the expiry of two years from the date of the order for removal a person so removed may apply to the Minister for cancellation of the disqualification imposed by this subsection.

            (8) This section shall apply notwithstanding that the offence is one for which the offender is criminally responsible.