(1) Notwithstanding anything contained in section 38, after the settlement of claims and liabilities of society, where any surplus assets are left, such assets shall not be paid to or distributed amongst the members of the society, but shall be taken over and vest in the custody of Government:
Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 1919
Provided that in case of a housing society or where a resident welfare association is registered as a society, the operation, management and maintenance of facilities for the residents or civic amenities of any defined area, the successor-in-interest shall step in the shoes of original member, subject to fulfilment of qualifications as laid down in the bye-laws of the society and the provisions of this Regulation.
(2) The Government shall place such assets at the disposal of the District Collector, who may,––
(i) in the first instance identify any other society in operation with identical aims and objects and transfer such assets to such society;
(ii) use such assets, preferably for the purpose for which such assets were created; or
(iii) for any other public purpose, as deemed appropriate.
(3) The records of accounts shall be maintained for a period of three years from the date of dissolution and in case any matter pertaining to any such society is pending before any court, such records shall be maintained till the final disposal of such matter by the competent court.
CHAPTER XIII OFFENCES AND PENALTIES
42. If a society fails to comply with any of the requirements of this Regulation, or contravenes any of the provisions thereof, then such society in default shall be liable for penalty which may extend up to two thousand rupees, as may be prescribed, and in case of a continuing default or contravention, with penalty which may extend to one hundred rupees for every day during which the default or contravention continues.
43. If an office-bearer or any employee of the society, knowingly or willingly makes or causes to be made any false entry in, or any omission from any register, account, balance-sheet, or other document, required to be maintained by a society under this Regulation, he shall be liable for penalty of a sum which may extend to five thousand rupees and may be removed from such membership or position of the society.
44. If any office-bearer,––
(a) knowingly or willingly makes a false return or furnishes false information; or
(b) wilfully or without any reasonable reason, disobeys any summons, requisition or other lawful order or direction issued under the provisions of this Regulation; or
(c) with holds or fails to furnish any information lawfully required from him by the District Registrar, Registrar or Registrar General or a person authorised in this behalf under the provisions of this Regulation, such office-bearer shall be liable for penalty of a sum which may extend to five thousand rupees and in the case of a continuing default or contravention, with a penalty which may extend to two hundred rupees for every day during which the default or contravention continues.
45. The penalties under this Chapter shall be imposed by the Registrar or any officer authorised in this behalf by the Registrar General or Registrar, after giving a reasonable opportunity of being heard, and such sum of penalties shall be credited to the Consolidated Fund of India.
Penalty for non-compliance or contravention.
Penalty for falsifying any document.
Penalty for furnishing false information or disobeying summons, requisition or other order or direction.
Crediting of penalties imposed under this Regulation.
20 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— 20 Registrar to recover cost from officers of society.
Power of District Registrar to condone delay in certain cases.
Appeal against penalties and review.
Legal representation and authority.
Enforcement of judgment.
CHAPTER XIV MISCELLANEOUS
46. Where any society fails to rectify the defects as directed by the Registrar and where no appeal has been made to the Registrar General under sub-section (1) of section 48 or where such appeal has been made and the Registrar General has not annulled, reversed or modified the order, the Registrar may take steps to have the defects rectified and may recover the cost, which were incurred for rectification of such defects, from the officers of the society who, in his opinion, have failed to rectify the defects.
47. The District Registrar may, upon an application in writing by any society and on sufficient cause being shown, allow further time to such society to comply with any of the provisions of this Regulation on payment of such late fees, as may be prescribed.