(1) (a) If the Registrar, after an inquiry has been held under section 32 or after an inspection has been made under section 33 or on receipt of an application made by three-fourths cf the members of a registered society, is of opinion that the society ought to be dissolved, he may, by order in writing, cancel the registration of the society.
(b) A copy of the order shall forthwith be communicated to the society.
(2) Any member of the society may, within two months from the date of the order made under sub-section (I), appeal to the Administrator against such order:
Provided that in computing such period, all or any of the months of June, July, August and September shall be excluded.
(3) Where an appeal against an order cancelling the registration of the society is not presented withm the time referred to in subsection (2), the order shall take effect on the expiry of that time.
(4) Where such appeal is presented within the time referred to in sub-section (2), the order shall not take effect until it is confirmed by the Administrator and such confirmation is communicated to the society.
Dissolution.
36. (I) Where the registration of a society is cancelled under section 35, the Registrar may appoint any person to be liquidator of the society.
(2) Subject to any rules that may be made under this Regulation, the whole of the assets of the society shall, on the appointment of a liquidator under sub-section (2), vest in such liquidator and he shall have power to realise such assets by sale or otherwise.
(3) Such liquidator shall also have power, subject to the control of the Registrar,—
(a) to institute and defend suits and other legal proceedings on behalf of the society by his name of office;
(b) to determine from time to time the contribution to be made or remaining to be made by the members cr past members or by the estates or nominees, heirs or legal representatives of deceased members or by any officers or former officers, to the Winding up.
656 THE GAZETTE OF INDIA EXTRAORDINARY [PART H assets of the society, such contribution including debts due from such members or persons;
(c) to investigate all claims against the society and subject to the provisions of this Regulation to decide questions of priority arising between claimants;
(d) to pay claims against the society (including interest up to the date of cancellation of registration) according to their respective priorities, if any, in full or rateably, as the assets of the society permit; the surplus, if any, remaining after payment of the claims being applied in payment of interest from the date of such cancellation at a rate fixed by him but not exceeding the contract rate in any case;
(e) to determine by what persons and in what proportions the costs of the liquidation are to be borne;
(/) to give such directions in regard to the collection and distribution of the assets of the society as may appear to him to be necessary for winding up the affairs of the society; and
(g) to carry on the business of the society so far as may be necessary for the beneficial winding up of the same.
(4) A liquidator appointed under this section shall, in so far as such powers are necessary for carrying out the purposes of this section, have power to summon and enforce the attendance of witnesses and to compel the production of any books, accounts, documents, securities, cash or other properties belonging to or in the custody of the society by such means and in such manner as may be prescribed by rules made in this behalf.
(5) When the affairs of the society have been wound up, the liquidator shall deposit the records of the society in such place as the Registrar may direct.
(6) Any person aggrieved by any order of the liquidator may appeal to the Registrar against such order within two months from the date of the issue of the order:
Provided that in computing such period, all or any of the months of June, July, August and September shall be excluded.
Surcharge.
CHAPTER IX SURCHARGE