Section 55: Internal controller
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
55. Internal controller
(1) Every society shall appoint at least one internal controller who shall
not be a director of the society.
(2) The internal controller shall be appointed by the society at a general
meeting on such terms and conditions as the general meeting may
determine.
(3) Where the Internal Controller has vacated or is removed from office
prior to a general meeting, the Board may appoint an Internal Controller on
such terms and conditions as it may determine and such decision shall be
ratified at the next general meeting.
(4) (a) Every internal controller shall ensure that the affairs of the society
are conducted in accordance with this Act, other relevant enactments and
the rules of the society and, in particular, shall—
(i) ensure that all the activities follow approved policies and
established procedures;
(ii) ensure that all the books of the society are, at all times, up to
date;
(iii) carry out inspections of the money, stocks, books and other
assets of the society;
(iv) ascertain the authority and validity of all expenditure, including
loans and advances;
(v) examine the accounts of the society at regular intervals and
ensure that all transactions of the society are properly recorded
in the respective books, accounts and any other documents
where required; and
(vi) not disclose to any unauthorised person any matter which comes
to his knowledge in the course of his functions.
(b) Any internal controller who contravenes paragraph (a) (vi) shall
commit an offence and shall, on conviction, be liable to a fine not exceeding
25,000 rupees.
(5) An internal controller shall, in the exercise of his functions, have
access to all books, accounts and documents of the society and shall have
the power to call upon any person to produce any such information or such
books, accounts and documents as he may require.
(6) (a) An internal controller shall, within 15 days from the end of each
quarter, make a report of his findings and send a copy of the report to the
Registrar and the Board.
(b) Where the internal controller fails to submit his quarterly report
within the delay specified in paragraph (a), the Registrar may require that the
report be submitted within such time as he may determine.
C49 – 31 [Issue 10]
Co-Operatives Act
(c) Where an internal controller fails to submit his report within the
time fixed by the Registrar, the Registrar may appoint an inspector at the
expense of the society to inquire into its affairs.
(d) The inspector appointed under paragraph (6) shall submit his
report within 30 days of his appointment or such time as the Registrar may
determine.
(e) The internal controller shall, at least 7 days before the next
annual general meeting, make an annual report which shall be accessible at
the seat of the society.