Short Answer

The Registrar can take action against the previous chairman who refuses to surrender the society's documents.

Detailed Explanation

Section 33 of the Gujarat Cooperative Societies Act, 1961 empowers the Registrar to take necessary action if the previous chairman refuses to surrender the society's documents. The Registrar can issue a notice to the chairman demanding the documents to be handed over within a specified time frame. If the chairman still fails to comply, the Registrar can impose penalties or even initiate legal proceedings against the chairman for non-compliance.

In practice, the Registrar would first try to resolve the issue amicably by communicating with the chairman and explaining the legal obligations to surrender the documents. If the chairman remains non-compliant, the Registrar would escalate the matter by sending formal notices and warnings. If all efforts fail, the Registrar would proceed with legal actions to ensure the documents are retrieved.

Real-world Scenarios

• Scenario 1: The previous chairman of a cooperative society refuses to hand over the financial records and meeting minutes to the new committee. The Registrar intervenes by issuing a notice to the chairman to surrender the documents within 15 days.

• Scenario 2: Despite multiple reminders, the ex-chairman continues to withhold the society's documents. The Registrar imposes a fine on the chairman and warns of further legal consequences if the documents are not surrendered promptly.

Reference

• Section 33 of the Gujarat Cooperative Societies Act, 1961: Official PDF