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Union of India - Section
Section 13 in The Societies Registration Act, 1860
13. Provision for dissolution of societies and adjustment of their affairs.
- Any number not less than three-fifths of the members of any society may determine that it shall be dissolved, and thereupon it shall be dissolved forthwith, or at the time then agreed upon, and all necessary steps shall be taken for the disposal and settlement of the property of the society, its claims and liabilities according to the rules of the said society applicable thereto, if any, and if not, then as the governing body shall find expedient, provided that, in the event of any dispute arising among the said governing body or the members of the society, the adjustment of its affairs shall be referred to the principal Court of original civil jurisdiction of the district in which the chief building of the society is situate; and the Court shall make such order in the matter as it shall deem requisite:Assent required. - Provided that no society shall be dissolved unless three-fifths of the members shall have expressed a wish for such dissolution by their votes delivered in person or by proxy, at a general meeting convened for the purpose:Government consent. - Provided that [whenever any Government] [Substituted by A.O.1937, for "whenever the Government" .] is a member of, or a contributor to, or otherwise interested in any society registered under this Act, such society shall not be dissolved [without the consent of the Government of the State of registration.] [Substituted by A.O.1937, for "without the consent of Government" .]| Uttar Pradesh.- In its application to the State of Uttar Pradesh, in section 13, for the words "Chief building of the Society" substitute the words "registered office of the society." [U.P. Act 52 of 1975, S. 7 (10.10.1975)].In its application to the State of Uttar Pradesh, after Section 13, insert following new sections, namely: -13A. Power of Registrar to apply for dissolution.- (1) where in the opinion of Registrar, there are reasonable grounds to believe in respect of a society registered under this Act that any of the grounds mentioned in clauses (a) to (e) of sub-section (1) of section 13-B exists he shall send to the society, a notice calling upon it to show cause within such time as may be specified in the notice why the society be not dissolved.(2) If on or before the date specified in the notice or within such extended period as the Registrar may allow, the society fails to show any cause or if the cause shown is considered by the Registrar to be unsatisfactory, the Registrar may move the Court referred to in section 13 for making an order for the dissolution of the society.13B. Dissolution by Court.- (1) On the application of the Registrar under Section 13-A or under section 24 or on an application made by not less than one-tenth of the members of a society registered under this Act, the Court referred to in section 13 may make an order for the dissolution of the society on any of the following grounds, namely: -(a) that the society has contravened any provision of this Act or of any other law for the time being in force and it is just and equitable that the society should be dissolved;(b) that the number of the members of the society is reduced below seven;(c) that the society has ceased to function for more than three years preceding the date of such application;(d) that the society is unable to pay its debts or meet its liabilities; or(e) that the registration of the society has been cancelled under section 12-D, on the ground that its activities or proposed activities have been or are or will be opposed to public policy.(2) Without prejudice in the provisions of sub-section (1) or of section 12-D, the Court may, on an application of the District Magistrate in this behalf, make an order for the dissolution of a society on the ground that the activities of the society constitute a public nuisance or are otherwise opposed to public policy.(3) When an order for the dissolution of a society is made under sub-section (1) or sub-section (2), all necessary steps for the disposal and the settlement of the property of the society, its claims and liabilities and any other adjustment of its affairs shall take place in manner as the Court may direct. [U.P. Act 52 of 1975, S. 8 (10.10.1975).] |