(1) Any Producer Company, being an erstwhile inter-State
co-operative society, formed and registered under this
Chapter, may make an application--
(a) after passing a resolution in the general meeting by not
less than twothirds of its Members present and voting; or
(b) on request by its creditors representing three-fourths value of its total creditors, to the Tribunal for its re-conversion to the inter-State co-operative society.
(2) The Tribunal shall, on the application made under sub-section (1), direct holding meeting of its Members or such creditors, as the case may be, to be conducted in such manner as it may direct.
(3) If a majority in number representing three-fourths in value of the creditors, or Members, as the case may be, present and voting in person at the meeting conducted in pursuance of the directions of the Tribunal under sub-section (2), agree for re-conversion, if sanctioned by the Tribunal, be binding on all the Members and all the creditors, as the case may be, and also on the company which is being converted:
Provided that no order sanctioning re-conversion shall be made by the Tribunal unless the Tribunal is satisfied that the company or any other person by whom an application has been made under sub-section (1) has disclosed to the Tribunal, by affidavit or otherwise, all material facts relating to the company, such as the latest financial position of the company, the latest report of the auditor on the accounts of the company, the pendency of any investigation proceedings in relation to the company under Chapter XIV, and the like.
(4) An order made by the Tribunal under sub-section (3) shall have no effect until a certified copy of the order has been filed with the Registrar.
(5) A copy of every such order shall be annexed to every copy of the memorandum of the company issued after the certified copy of the order has been filed as aforesaid, or in the case of a company not having a memorandum, to every copy so issued of the instrument constituting or defining the constitution of the company.
(6) If default is made in complying with sub-section (4), the company, and every officer of the company who is in default, shall be punishable with fine which may extend to one hundred rupees, for each copy in respect of which default is made.
(7) The Tribunal may, at any time after an application has been made to it under this section, stay the commencement or continuation of any suit or proceeding against the company on such terms as the Tribunal thinks fit, until the application is finally disposed of.
(8) Every Producer Company, which has been sanctioned
re-conversion by the Tribunal, shall make an application
under the Multi-State Co-operative Societies Act, 2002 (39
of 2002) or any other law for the time being in force for
its registration as multi-State co-operative society or
co-operative society, as the case may be, within six months
of sanction by the Tribunal and file a report thereof to the
Tribunal and the Registrar of Companies and to the Registrar
of the Co-operative Societies under which it has been
registered as a multi-State co-operative society or
co-operative society, as the case may be.
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1. Ins. by Act 29 of 2020, s. 52 (w.e.f. 11-2-2021).
Section 378ZN Amalgamation, merger or division, etc., to form new Producer Companies
Section 378ZP Strike off name of Producer Company
Section 378ZQ Provisions of this Chapter to override other laws
Section 378ZR Application of provisions relating to private companies
Section 378ZS Re-conversion of Producer Company to inter-State co-operative society
Section 378ZT Power to modify Act in its application to Producer Companies