Section 107 in The Gujarat Co-Operative Societies Act, 1961
107. Winding up.
(1)If the Registrar, [Except as otherwise provided in sub- section (1A)] [Inserted by Gujarat Act No. 17 of 2013, dated 15.4.2013.]-(a)after an inquiry has been held under Section 86, or an inspection has been made under Section 87, or on the report of the auditor auditing the accounts of the society, or(b)on receipt of an application made upon a resolution carried by three-fourths of the members of a society present at a special general meeting called for the purpose, or(c)of his own motion, in the case of a society which-(i)has not commenced working, or(ii)has ceased working, or(iii)possesses shares of members deposits not exceeding five hundred rupees, or(iv)has ceased to comply with any conditions as to registration and management in this act or [the rules or the bye-laws, or] [Substituted by Gujarat 23 of 1982](v)[ has failed to comply with any directions issued under sub-section (1) of Section 160 or such directions as modified under sub-section (2) of that section.] [Inserted by Gujarat 23 of 1982]is of the opinion that a society ought to be wound up, he may make an interim order directing it to be wound up.(1A)[ Notwithstanding anything contained in sub-section (1), in case where the members of the society, after having discharged liabilities towards the debt and assets of the society, upon a resolution carried by three-fourth majority of the members of the society present at a special general meeting called for the purpose, suo motu resolves to wind up the society and conveys such resolution to the Registrar. The Registrar shall, after disposing off the surplus assets in accordance with the provisions of section 115, cancel the registration of such society under section 20.] [Inserted by Gujarat Act No. 17 of 2013, dated 15.4.2013.](2)Where an interim order is made on a ground specified in clause (a) or sub-clause (iv) of clause (c) of sub- section (1) a copy thereof shall be communicated, in the prescribed manner, to the society calling upon it to submit its explanation to the Registrar within a month from the date of the issue of such order.(3)The Registrar, after giving an opportunity to the society of being heard, shall make a final order, vacating or confirming the interim order.
