Co-operative Societies Act

CIlAPTER 490 THE CO-OPERATJVE SOCIETIES ACf COllltl1(:nccmr:nt: Il st December, /966 An Ad of ParlinmCt1( to make pr ovivion <."nl"::f::m.in~ (he, constitution, rC6isfnljon r.fld rt1~ul,,(i<ln of co-otera tive J;.(KirricsJ and for purposes incidental (h<:rc(Q :N of 19(,(, Act. 2. In th:'s Act, C1..c..t::p\ wuerc HIe context otbcrwisc tnIUj>lcl.lf,on. rcqtnrcs-c "agricultural produce' means ?..ny produce or article produced or obtained by {he work or industry (If mernbcrs of 3 Jcgi.dl.:fcd society or marketed by a co-operative society. whether the produce of agriculture, /:lo;rIjal husbandry. fOiC~\T)'. flShcJ-i~. },<'lOOiU3f!S or otherwise; "apex society" mzans a registered society the member ship of which is rc..slncled to co-operative unions and includes a .WeiCIY established [0 serve !he co-operative movement by the provision of facilities tor b.1nk.ln~. insurance and the supply of goods Of services: "bonus", in relation (Q a member of a registered society. means that member's share or the surplea of the society which is divided amongst its members. CAlculated by reference ro the proportion whteh (hat member's volume of buxincss with the: society bears (0 Ih: tora! volume of business Ifrcm which the. surplus was derived) dcwc by [he SOCiety: "by-laws" means tbe bj-Iaws made by a society and reg'iskrw under this Act and includes any registered amend ment of such by-Jaws; "Commissioner" means the Commissioner for Co-opera rive Dzvelopmcnt appointed under section 3 of this Act, and includes the Deputy Cornrnissloner for Co-operative Develop men! appointed under that section ",,·here ht- has power to act for rbe Commissioner;n the mauev io question: "committee" means the governing body of a registered society Co whom tbe rnanagemcnr of its affairs in"..ntrustcd, and inc1udes a board or directors: S("<ielie1 ...l'>;~h lTI11 bll re"\lutd, ro .... en of LXr,"ly Cn:n"""\;O(,rr .".~ c~',tj:~lOC'" Ccl'\\mi ....'\cr.tl \.!\1ol!lt'l:l'\ to t.a Irpoirl 1ed, PART H OHICf!i\S 3. TIle Minister shall appoint a Commissioner for C()-C)pcra\ivc Dcve)opmcn\ and;} DCpuly Commissioner lor Co-operative Development. and may appo,int such number o{ Ass'\Slant Comr11lssloners for Co-orer<\l\v~ Dcvclopmclll. senior co-operative officers. co-aper:Hive officers arid other officers as may be necesssar-y 10 assist the CommiSSioner ln carrying out the purposes of this Act. 4. (l}Any power conferred or dmy imposed by .or un~eT this Act on tl1e Commissioner may. unless a contrary Intentl~n o.ppe.<>.t:;', be exercised or performed ~y the Deputy ComnllS sioner for Co-operative Development If «(1) thc Comrrdsstoncr is unable 10 exercise or perform Ih31 power or duty owing to illness or absence: or (b) the Con1missioncr <I.uthO"i7.C.s the Deputy Commis sioncr to exercise Or perform th~( P<W/cr or duty, ,}) The Min'\ster may, \1Y nouce In the, 0nct(e. and without prejudice 10 the power of the CommIssioner or the Deputy Commissioner to exercise or perfom: such powers or duties, delegate any of [he powers CJr dUlles, conferred or imposed on the Commissioner by or un.der nus, ",:ct, to n,f\)' Assutnnt CommiSSloncr for Co-o~r:\tlvc SOCietIes. se~lor co-operative officer. co-operative officer or other ofllccr appointed under section 3 of this ACI. PART U\-REGlSn,TION Of SOCIETIES 5. Subject to the provisions of Ihi!! Act. a society which has for its objects the prcmoitcn or the ccononuc lnlcresls of its members in accordance \vith co-operative principles. and which in the of>lnlon of the Con:mis$ioner is C<l[13ble,or promoting those interests. may be rcgls,\e~cd n~ ;t ,c~perallye SOCiety under this Act with or without limited llablllty: Provided that a co-operative union or an 3p¢X society shall not be registered except with limited liability. days' written notice of the resolution ;\l\d of the date. ~ime and place of the meeting have been given to each raernbcr;. "special resolution" means a resolunon ra,~sed ,by a three-quarters majority of the members present and votIng at a special general meeting; "winding-up" means all )I~ococdin'b~ s'Jbs~\'J.~{\\ ~o \\it. cancellation of the rcgistr.1lion of C\ society, "ccntributor" m~:lns :1 person \io.b\f'. to comrjbutc 10 the •~S:;;;:IS of a rr.gi.'iL~,cd society in the event of irs being wound up and. for the purpose of any proceedings for dc',errn.lni.n%, and any proceedings before the final determination of. the persons who arc to be deemed conrribcrors. includes any person alleged to be a contributor; "co-operative uniol\" me.,"ms a registered socicly o~ wh~ch the membership is restricted [0 primary societies; "date of dissolution" means the date on which the Com' missioner's order cancelling the registration of a society lakes cflcct: "limite..] liability" mcam limited by shares or limited by guarantee. according to lbe nature of the liability prescribed by the by-laws of the registered society; "member" includes a person Or reg,is,ter'ed society jQlning i:1 the application for the registration of a society. and ,1 person or registered SlXi.eiY admitted \0 rnem'oct:;hip aite,: reg\SHat\Cn in accordance: Wlth the by-laws: ' "officer" includes a r:ll,tirn1M, vice-chairman. secretary. treasurer. committee member. employee Or Olller person empowered uncle:., any rules made '..:ndc.\' t:1.\5 Ar:\~ 01' D'j,bws of a registered society, 10 give directions in regard to the business of a registered society;' "personal representative" means any person 'who, under law or custom. is responsible (or administering '\"Ie estate of 3. dcee3s~ person; "primary 'Society" means a res,'lsterc<l. SOCIety the member ship of which is restricted to individual persons; "registered society" means a society registered as a co-operative society under this Acr; "special general meeting" means a genera] meeting, other than an ordinary general meeting' of which at least fi{leel1 clear "district co-operative union" means a co-operative union of 'A'hie!'. the membership is restricted \0 primary societies having their headquarters in a particular districr., "dividend". in relation 10 <I member of <1 registered society. means that mernbers share of the surr1us of the society which is divided amongst its member.~, calculated by reference 10 tile proportion which that member's share:capital bears to the total share capital of the society: c;>,,~:~:'-'''-' 01 :'l:"Jln:JO.', ?r0,,~ioIlJJ H;:~lr.t;Qn. G, 0"0 society shall be registered under this Act unless-« (0) it consists of a: bUI ten persons <111 of whom are {\\la\ir\N~ for mem:.ership of tbe society under section 14 of this Act; Or (bl it has 8:. registered society as one of its member's. 7. (1) An application 10 rc£,ist.cr \\ socitty sha\\ be made to the Comrnissioncr in the prescribed form, and the applica tion shall be sigr;ed (0) in the case of a primary society. by at least ten persons c.ll~lJ~ec\ (or rnerubcrship of tbe society under section J4 of :his Act: and (6) in the case of a co-operative union or an apex SOCiety, by ~ person duly ;l.\\lhori7 ~d ill \\),<'i1 behalf by each registered society or co-operative union, as the case may be, which nrc members rhercof : Provided tba t no more than len signatures shall be necessary. 'll) The application shaH be accornpauied 'oy four COP\CS of lhe proposed bj"·l;nvs of the society, in English, and the persons by whom or on whose behalf such application is made shall furnish such information in regard to the society as the Commissioner may require. (3) If tbe Ccrnrnusioner i~ :'x'1'liSrleQ ruat a society has complied WilIJ this Act and any rules made lhercunder, and 1!Jlll its proposed by-laws arc no! contrary 10 Ihis Act or any rules made thereunder, he may register the society and its by-laws. 8. (l) If the Commissioner is not satisfied that a society has compucu wilt; 01is ACI, ar,d any rules made thereunder. or is not S;1tis(icd lh:H its by-laws conform with this Act and My rules made tbctcunder. bUI that hcis of the opinion that ~I«:rs can be and will be taken willi tlil~~cnec by [he persons by whcm or On. \.'.'\',OSC h~h:\\{ \h~ 3Pll\\c'r!t'lOn ior rC£ls1r<llIO(l is I11J.C:; to comply with this ACI Jnd such rules or 10 m;tkc the by,\"ws conform as ",fcres"id, the Commissioner /TI3y in his discretior1 provisiona111 register the society for such period, not e:l::cecding l)r1C year, and sWbjcCl 10 lts compliance with such conditions "no rrovisions, :IS the Commissloncr m<lY specify in wr'lling 10 the per.~ons by whom or on whose behalf [he applic..1\ion [or registration is made', (2j A pTlwisi0I1:J1 rcsistr;;lioll skill. subjo..,t In tlli.~ section. and [0 any ccndirions or provisions :-pcdied by the Cn01m;.<;· sianer urv.\cr s\.\hs~c\iu\\ (\ ~ {\( "\\;'~ scc~ion, ~I\\\\k \h~ 5-.,~:;,>:\'j [0 opcr atc <1s n registered society, and such society whilst so entitled 10 npcrntc s11<111 be deemed 10 be <I body corporate with ncrpctua! succession i d :l common sca.. ;111d \,ilth power to hold movable and imruovab!c property of every de.~crir\iQll, 10 enler into C('ln!r:JCL~, 10 il\qillilC and defend suiL~ and other lCl'fal proceedings and 10 do ell! things ncccssary for the pur, P~&C for whic.h it is constuuteo: ;,nd, subject 10 the provisions of this Act. any reference in any written lll'" to ;'. registered society shall, unless the contc xt otherwise tcquu es. include a reference to a society which is provisionally registered. (3) A society which is provisionally registered sh:\\\ cause the fact that it is praViS\OI1;\\\Y registered to be st~ted in legible Homan Icuers in :tIJ billhcadx. letter paper, norlces. ad ...ertue rnenlS amI other nr!kitl\ publicnuons of lhc society. and on n sign board ill a conSr'ielt(lu~ pm1tion o~lt~ide nf'l~ premises in which it operates. (~~ (Il~ The Comnlis5ioncr nl:\Y Coined ;he pro'fj~iona\ rcgislralion of a ~OCiClY, without ~ssign ~ any reason therefor, by a notice in writing addressed 10 the society. and such can ccttation shall orcr:Jle as ;l refusal 10 register the society, and the society ~hall from the dare of service of the notice cease to be (kC~1ed \0 he a rcgi!"l\ercd society. (6\ Al the c,:,pirl\lion of the period specified by the Corn missioner under subsection (J) of this section, a society, if it has not been registered in the meantime. shall cease 10 be deemed 10 be a registered society. (c) Where a society'ceases to be deemed 10 be a registered soc.eiv-« Ii) the Cornll1·15s·I0l1er l11:1y appcln: a competent person to be liquidator of the society: and (ii) Ibe validil)' of ~ny tmnsnctlon cnrcrcd iruo b)' rhe society durin~ Ute \lcdod o( rrC\"is.\('l\\~\ Tc£.i~lr:'\tion ,~h:lll not be ~fTcctcd lhcreby. (5) At <1ny time during the j::cr·lod 01 provisional regis. tralion oi a society, the ('ommis"iOli~r, if he is s:1lisflcJ 1l1:'11 Ihe society ha.l; c0111rlied with this Ael a.nd :tIlY r'Jles mad..:. thereunder. and th;"\t ilS by·IJWS eonfonTl willll"c requirements of this Act ;)nd allY rules T":1Jde thereunder, (!lay register the society under section 7 of thii Act; and thereupon such snci,..ty Ou.l;r'~ljon' lor m(m'r'Cnhip Limil,lion on ho\<3in. oC shlfe "pilil. Me:n~rlhlp lubkC'l (0 Commiuioncr'l pumiHiol'l in ecruin t:l~(J. Clp. <86, M(m\).:;ll\()\ to exercl~ r'iV\IJ lolnlil due l'))"m(nl ml.~c. 7l.e£.lriCIIOll Or'l m(m~tship or mOl( Ihln one 10(itly. (2) A COry of [he by-low, of a registered society ur or :0.1' amendment of ~uch by·l:nvs ceniflcd by the Commissioner shall be prima Iacic evidence for all purposes of tile registration of such by-laws or such amendment. (J} A document purporting [0 be 'signed by the Commis sioner shall be presumed 10 have been signed by him until the contrary is shown. PART IV-RIGHTS ANO LIABILITIES OF i\1E.'-lBERS 14. (J) A rcrSOI1 other than a tcgistctcd society shall not be qualified for membership of ;I. rcgistered society unless (0) he has tll\aincd \he age of eigbtccn years; and (6) he is resident Within, or occupies land within, the society's area of operation as dC5cribe.d II, ihe. relevant by-law. (2) Where. for the purposes of this section. any question arises as to [he age of any person, \hnt ques\lnl"'i shall be ck.c\GW by the Commissioner, whose decision shall be final. (3) Where a person who has attained the age of eighteen years but has not attained tile age of majority becomes a member of a rc:gislt.:rcd society. he shall, for the purpose of contracting with [he society, be taken to be of full capacity so far as age is concerned. 15. No member, other than a rcbis\crcJ society. shall hold more [han one-fifth of rbe issued and raid-up share capital of any registered society. . 16. No company incorporated or registered under the Companies Act, and no unincorporated body of persons shall be enlilled to become a member of a registered society except with the written permission of the Commisncncr. li. No member of a registered socie{~ shall exercise any of the righls of a member unless he has made such payment to the society in respect of membership, or has acquired such interest in the society, ns may be prescribed under this Act or unde e lhe by-laws of the society. 18. No person shall be :J. member of more than one registered socicry with unlimited liabilily and. ~;1Ve with [he consent of the Commissioner. 1\0 person sh:l\\ DC a member of more than one registered society having the same or similar cbieci: . Provided that a person who (i) is a member of a rcgistc(NI xocicry:and (iil carries on busiuesx on land or at premises outside the area of opcri\tion of that registered society. may be a member of a registered society in. whose ;He;)., of operations that land or those premises an; .SI:lLllC. norwuh standing that its objects nrc the same CIS or Similar to n.osc 01 the first-mentioned society. 19. E2ch member of <l registered society sh:'I!! have one vote oory in the affairs of the society, ir rcspccrivc of the number of shares he holds: Provided that a registered society which is 3. member cf a co-operative union or an apex society shall h<l"'~, ilS, m:H',~' votes as may be prescribed by the by-laws of the society of which it is a member, and may. subject 10 such by-laws. appoint any number of its committee members. not exceeding the number of such voles. to exercise its voting power, 20. (1) The transfer or charge of the share or interest cd a member in the capital of a registered society sh:111 be subject to such conditions as to maximum holding as are laid down in section 15 of this Act. {2} In the case of a SOciety registered with unlimited liability, a member shall not transfer or charge tlJly share held by him or his interest in the capital of the society or aoy part thereof. unlcss (a) he has held such share or interest tor at lea!>t Of\C year: and (b) the transfer or charge is in favour of the society or a member of the society. PA~T V-DUTIES or REGISTERED SOClP.TIES 21. Every registered society shnl\ have a registered address to which notlce..~ and communications may be sent. and shall send to the Cornmlssloncr notice or every cbnnee of address within one month of the chang.e, 22. Every registered society shal! keep a: its ofirce :I copy of this Act and of any rules made [hereunder and of its own by-laws and 11 list of ;1.~ members. excluding details of nominees and sharcholdings. and sbll keep them 0pC:'1 10 inspection hv any rN~""!" (~'?c "'~:~-,':fbl, .• : ;1:: ,C.ijUil~t;i:; rirTH>C rill ..,,,,,, ..... ,; ~ •• l. ""'O:<J cI \'<'.I'.."'~""'" ft"'::,·::,~~ c:\ \ ~ l ~ \ ~ : I e.t I:.l~< 0' :r.l<rttl A.-!<!'~ll)r ,OC-"Iy (c,.y C'I I~L.· 0\'-1. f'J:'1 My·:'·..·,. rl:. :0 h< ",,",' I"r "-'<:"."'·~C (10) Where the Commissioner tcivecs Co appnwe the division of a registered society under ~uhscetion (j} of this section, an appeal s'lalllie 10 the Minister. PART VI1-PR1VfLEGES Of R'-'G1.s)B~ED SOOeTI£S 28. A socicly, on fcgislrarion. shall become .1 body corporate by the name under which it is registered, with per petual succession and a common sc..11, and with power to hold movable and immovable properly of every description. 10 enter into contracts, to institule and defend sUlfs ,:wd o1Ju~r Icgal proceed!.ngs and 10 do all things- necessary for the purpose of. or in accordance with, its by-laws. 29. (I} The by-laws of a registered society shall. when regis/cred. bind the society and the members thereof 10 tho same extent as if they were signed by each member and con. taincd covenants on the part of each member for himself and his personal representatives to observe all [be provisions of the by-laws. {2J No suit, claim. action or proceedings shall be mair tained or contested by a registered society and any of its members on the ground that any by-law of the society constitutes a contract in restraint of trade. 30. (J) A registered society which has as one of its objects the disposal of any agricultural produce may enter into a contract with its members, either in its by-laws or by a separate document. binding the members to dispose of ;111 their agricultural produce. or such amounts or descriptions of the same as may be stated therein. (0 or through (he society. and l1JC contract may bind (he members 10 produce Ihe- quan titics of agricultural produce therein specified. and the contract rna)' al50 provide for paymeec of a specific sum per unit of weight or ocher measure 3S liquidated damages (or any brc.....ch of the contract, and any such sum on becoming payable shall be a debt due 10 the society and shaH be J. charge upon the immovable property of {he member (subject to registration of the charge under the !;1W under which the property is regis l.crro) and a}l stock then being thereon, (2) Any such contract as is mCN1(lJ100 in subsection (l) of 1hh: section .sh;dl have the effect or creating in favour of 1l..H:: registered society a charge 1.1pDO the proceeds of sale of all j-rodoce mentioned therein. whether C1.i<;~il~g or future. Societies to be txx:i"'l ccrpnrare, [ty-\.,l,ws(0 bind mccabcre, ConCract .....ith mernbers (0 ~...o(j! produce, Cut:'ib~ticn 01 Del b~;IJ,O:. Cu.:ri'='~ljoe 10 u....-i:.l..'='lt pu~. Obli""l;on \0 leI, prlXu~ W'oo~ .."IloOC'";cl, '" tlt'f\W CUoe). (2) A rc;j,,~r.rr.d society with unlimited liability which advancer money or goods !O <V1y member in excess of the value of the money O~ goods deposited by him shall carry at leas: one-fourth of the net surplus in each year to the reserve fund. (J) Every registered society. other than a society of the kind :,cr~~jcd to i!1 subsection (2) (If this section, shall carry to the reserve fund such portion of the net surplus in e..1C!J year as may be prescribed by rules under this Act or by the by-laws of the society, 46. Subject to sections 44 and' 45 of this Act, the net balance of t:..ach )'c..1J', with a.ny sum available for distribution from previous years. may be cistribated i.n tbe manner pre scribed by rules made under this Act or by the by-laws of the society, 47. Any registered society may, '.lIit.h the written authority of the Commissioner, after such allocation lias been made 10 the reserve fund as may be required by or-under this Act or by the by-laws of the society. apply an amount not exceeding len per cent of the remaining net balance to any charitable purpose. 48. (I) Upon application by any registered society which C.1.Il show that its members in the whole of Kenya, or in any panicclar part of Kenya, produce at least sixty per cent of all the agricultural produce of a particular kind produced in Kenya, or in O::1t ran, as the case m.1Y be. the Minister may, by notice in the Gazette. require 111M each proch\fcr of tint kind or agriculrura! produce. in the whole of Keny/! Or in that part. <1...<; the case may be, shall sell such kind of agricultural produce produced by him to or through that society. whether he is a member thereof or not. (2) Every such producer who is not a member of the 5-xi·:.:y sn;1.\\ be Sc:bjtcl to all such conditions and obli!j<ltion3 10 wh:.:.b he WOUld have been subject if he had been a member, and the society may. and shall if so requested by the producer. deduct from any funds received or held on his account a part or :it: whole of a share subscription sufficient to qualify him fl.){,!"r~r;..X ..~h;~, 1r~1 t ..... !, ~--!"':it :.;::- tc m~[:c,rdli;,: II "Jl. PART IX--CIlARGfS Dr H.EGISTl..!IlP.O Socirnrs ·~9. ;\ registered society m:1Y lrom time to time, with the consent of the Commissioner. ch:\rge the whole or any part of its property, if its by-laws expressly empower it to do so and to the extent to \vhich its uy-laws empower it to 00 so. 50. (1) Subject to this Part. every charge to whieh this section applies created by a registered society sball. so Jar as any of the society's property is thereby c1J:1rr.cU, be void against the liquidator and any creditor of t);e society u-.. k!.,'; the prescribed particulars of the charge. together Wl~:l L11e instrument, if any, by which \hc ch71rr,e \5created or eviocr.cco, or a copy thereof verified in the prescribed manner. arc dell vercd to the Commissioner (or registration within thirty (bys after the date of the creation of the charge or within lh~, months after the commencement of this Act. whichever is the later, but without prejudice to any contract or oblig."don for repayment of the money thereby secured, and when a charge so becomes void under this section the money secured thereby shall immediately become payable, (2). This section shall apply to tile following charges-c (a) a charge for the purpose of securing an issue ot debentures; (b) a charge created or evidenced by nn Instrument which. if executed by an individual, would require registra tion under the Clianels Trnnslcr Act; (c) a charge on immovable property, whsrevcr situated, or a charge on any interest i'n immovable property wherever situated; (cf) a charge on book debts of the soclety; (,) a floating charge on the property of the society. (3) In this Pan, "charge" Includes 3. mortgage and a charge of agricultural produce givOil under section 30 (3) 01 this Act. (4) Where a negotiable instrument has been given to secure the payment of any book debts of n registered society, the deposit of the instrument shall, for the Pi..lflX'SCJ o! thls section, be treated as a charge on these book debts, (5) The holding of debentures entitling the holder to a ('hv~1" on ;'i":~'1v~hl~ i'r)-::~' i~ no: ;;-, i::.::f ar; i;.;':'~w.li· '. .. 1.' P,"",""" I~ cl\~'~ :"c;-:'1r. 1.1:;jl.:>~ by c..:.mm:.U'Or'le. Irupe<:liol'l of boob of indebted IOC;cl~. E.l per.3oeJ t>l inq'J;:-Y, Pcve n o! CC'ffir'l".:~ior'lcl to ,.nlOYC eom"'"II< •. P).RT X-Il"SPECTJON Of AfFAIRS 61. (I) Tile Commissioncr 11ldY. of his own accord, and ~h;;11 on the direction of the Minister or on the application of a majority of the committee of the society. or of not less than one-third of the members present and voting at a meeting of the society \\<hich has been duly advertised. hold an inquiry, or direct some person authorized by him in writing to hold an inquiry, into the by-laws. working and fInancial condition of any registered society. (2) All officers and members of tbe registered society snail produce such cash. accounts. books, documents and securities of the society. and furnish such information in regard to the aflair s of the society. as the person holding the inquiry may require. 62. (I) The Commissioner may, if he thinks fit, on the application of a creditor of a registered society, inspect, or direct some person authorized by him in writing to inspect, the books of the society, if (a) the creditor satisfies the Commissioner that the debt is a sum then due. and that he has demanded pay ment thereof and has net received sMisfactien within a reasonable time; and (!J) the applicant deposits with the Commissioner such sum as security for the expenses of the inspection as the Commissioner may require. (2) The Commissioner shall inform the creditor of the results of the inspection, 63. (]) \Vhcrc an inquiry is held under section 61, or an inspection is made under section 62. of this Act. the Corn missioner Olav bv a certificate under his hand make an order apportioning the expenses, or such part of the expenses as he considers proper. between the society, the members or creditor (;c:1l:lnc1ing the inquiry or inspection and the officers or (c.r,,,~.~ officers of the society; and the d~~ision of the Commissioner sh?:l be final. -, (2) Any SV1l1 awarded by way of cxper.scs under sub section (J) of this section shall be a civil debt recoverable summarily on production of the certificate referred to in tha t subsection. 64. If the Commissioner is SdU!>(WJ, after clue inquiry by any person appointed by him, that the committee of any registered society is not performing: its duties properly, he may remove such ccrnrn'uce and order that the affairs of the SOCi'::ly be managed and administered by a committee of not less than lwn persons and .a manager. ill! appointed by him: such tin order .~h;lll initially he for a period not exceeding one YC:Jr. hut the Corumisvioncr rnay extend tbis pc t icd for a further year if he thinks lit; and the allowances of the com mittee and the salary of the manager sball be paid out of the society's funds, PART Xl-DISSOLUTION 65. (\) I( the Commissioner. after holding nn inquiry under section 61. or making an inspection under section 62. of this Act. or receiving an application made by at least tbrce fourths of the members of a registered society. is of the opinion that the society ought to be dissolved. he may in writing order the cancellation of the registration or the society. (2) Any member Dr a registered society [l1ay. within two months after the making of an order under subsection (1) or this section, appeal to the Minister against the making o{ rbe order. (JJ Where no appeal is presented wlihln the time limlted . for appeal. the order shall take cflcct on the expiry of llul period, but where an appeal is presented within that time the order shell 1 not take effect unless it is confirmed by UJe Minister. (4) Where the Conunissioncr makes an order under sub section (I) of this section. he shall make such funher order as be thinks fit for the custody of the- books and documents and the protection of th,e assets of the society. (5) No registered society shall be dissolved or wound up save by an order of the Commissioner. 66. Where a society has less than the prescribed number of members, the Commissioner may in writing order the can cellation of the registration of the society, and the order shall take effect immediately. 67. Whcre the registration of a society is cancelled. the society shall cease 10 exist as 3 corporate bod>' upon t)10 order taking effect. 6~. (I) The sections ot the Companies Act sp~ifled in Part 1 of the Schedule to this Act, modified in accordance with Part 2 of the said Schedule, shall apply mutatis mutandis in relation to the winding-up of ,1 registered society as they apply to that of a company registered under that Act. (2) The Minister may. by order. amend the Schedule to this Act. Pro..;"Julc L'".,f <Ce<::;~~ <:' I!C or Nd" C.a.r:ct!itlio., b1 Cor""n1~<.lion<l r.m 1...>::1 thlll 1!'TI m.r.1hcrJ f.,'!ect 0: c..~C"t:l~,Iot;on of f'fiJlrl tJOn. "Pl">\;~lI\.iOll 01 Cap. "-S6.