(1) Where the District Registrar has reasonable cause to believe that a society is defunct and is not carrying on business or operations, he shall issue a show cause notice to such society at its registered office to show cause as to whether it is carrying on its business or operations and directing it to file such documents or returns, within a period of ninety days from the date of issue of such notice.
(2) Where the defunct society responds to such notice within the specified period and submits the requisite documents or informs along with evidence that it is carrying on business or operations, the District Registrar shall, after due verification of records, pass an appropriate order.
(3) If the District Registrar receives a reply from the defunct society to the effect that it is not carrying on any business or operations, he may direct the society to convene a meeting of its General Body, pass a special resolution for its dissolution after settling all its liabilities and shall apply for dissolution of the society within a period of thirty days from the date of such resolution.
(4) Where the District Registrar does not receive any reply within a period of ninety days referred to in sub-section (1), he shall cause a public notice to be issued stating that on the expiration of such period as may be specified in such notice, the registration of such defunct society shall be suspended.
(5) If no response is received from the defunct society, or from its members, creditors or claimants, within the period specified in the public notice issued under sub-section (4), the District Registrar shall order suspension of registration of such society and after passing of such order, the society shall not carry on any business.
(6) The District Registrar shall cause to be notified an order passed, suspending the registration of a society under sub-section (5), through a public notice for the information of general public.
(7) The society or any of its member, creditor or claimant, aggrieved by an order of suspension passed under sub-section (5), may, within a period of three months from the date of the order of suspension, submit a representation to the District Registrar.
(8) The District Registrar may, on being satisfied and for reasons to be recorded in writing, that the society, at the time of its suspension, was carrying on business or operations, or otherwise, and it is just and equitable that the name of the society be restored to the register, revoke the suspension.
(9) The society whose registration is restored under sub-section (8) shall be deemed to have continued in existence, as if its registration had not been suspended.
(10) No claims, whatsoever, shall be valid and entertained against a society on the expiry of a period of three months from the date of suspension of its registration.
(11) If no representation against the suspension order is received within a period of three months from the date of suspension of registration, the District Registrar may, unless contrary is shown, strike off the name of the society from the register of societies and cancel its registration.
35. A society, which has no assets or liabilities to its account and is not desirous of carrying on with its business or operations, may, after passing a special resolution, apply for cancellation of its registration to the District Registrar and the District Registrar shall, after giving a public notice of not less than ninety days inviting objections, strike out its name from the register of societies after considering objections, if any.
Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 1717