(1) Where the registration of a Society is cancelled, the District
(i) direct the Society to complete the process of its dissolution i.e. pass a special resolution, collect all its receivables, and settle all its liabilities, provide the details of any of its assets left over after settlement of the liabilities, and submit a proposal for transfer of its left over assets to any other Society in existence with identical aims and objects;
(ii) assess the credentials of a Society to whom any such assets are proposed to be transferred by the Society under clause (i) above and may either approve such proposal or direct the Society to place such assets at the disposal of the District Collector;
constitute a committee of members of such Society to carry out the process of dissolution of the Society where there is no Governing Body or General Body to carry out the directions under (i) above;
(iv) be competent to complete the dissolution of the affairs of the Society of his own or by appointing any of his subordinates to do the needful where it is not found feasible to constitute a committee of members of such Society. He shall associate any two members from any other Society in existence for the purpose.
(2) If on dissolution and after settlement of all the liabilities, a Society is left with any moveable or immovable assets, the District Registrar shall, in the first instance, make efforts to transfer all such assets to any other Society in existence with identical aims and objects in operation against a proper receipt, failing which, all such assets shalt vest in the custody of the District Collector.
(in) HARYANA GOVT. GAZ. (EXTRA.), MAR. 28, 2012 31 (CHTR. 8, 1934 SAKA)
(3) Where any assets are placed at the disposal of the District Collector, he may either direct the transfer thereof to a Society in operation with identical aims and objects or use such assets preferably for the same purpose or for any other public purpose.
62. (I) A Society may resolve to dissolve itself by passing a special resolution in a meeting of the General Body or the Collegium, as the case may be, convened for the purpose.
(2) On the passing of the special resolution under sub -section ( I ) above, the Governing Body shall take all necessary steps for settlement of all claims and liabilities, as it may consider appropriate in accordance with its Bye-laws and if there are no Bye-laws, in accordance with the provisions of the Act.
(3) If any dispute arises amongst the members of the Society, the Governing Body, or the special committee, as the case may be, regarding the winding up of the affairs of the Society, it shall be referred to the District Registrar for such directions, as he may consider appropriate:
Provided that the special resolution for dissolution of the Society shall not be deemed to be a matter in dispute.
(4) If the Central Government or Government or any of its instrumentalities is a member of or a contributory to or otherwise interested in any Society, such Society shall not be dissolved without the consent of the Central Government or Government, as the case may be.
(5) After all necessary steps have been completed, the Governing Body shall send a report to the District Registrar, mentioning about the surplus assets, if any.
(6) The District Registrar shall thereupon cause a public notice issued at the expense of the Society inviting objections from any person interested in the affairs of such Society within the period specified in the notice, which shall in no case be less than three months.
(7) If no objection is received from any claimant, creditor or member of the Society within three months from the date of issue of such public notice, and after the surplus assets, if any, have been disposed of as provided in the Act, the District Registrar shall make an order confirming the dissolution and thereupon the Society shall stand dissolved. The District Registrar shall record the order of dissolution in the register maintained in his office and strike off the name of the Society from the register of Society.
(8) I f anyobjection is received from any claimant or creditor or member or any other interested person within the period as aforesaid, the Registrar shall not make an order confirming the dissolution of the Society unless he is satisfied that the relevant claim or liability have been duly settled and the surplus assets, if any, have been disposed of its Provided in the Act.
Disso lution by special reso lution.
Disso lution by Registrar.
Disposal of assets.
District Registrar to make up account af te r wind ing up o f Socie ty.
Chapte r to override o the r provis ions o f Ac t.
32 HARYANA GOVT. GAL (EXTRA. ), MAR. 28, 2012 (CHTR. 8, 1934 SAKA)
63. ( I ) Where the registration of a Society is cancelled and it is found to be meriting dissolution under section 57 or where the Government decides to dissolve a Society under section 62, the Registrar General or the Registrar, as the case may be, shall order dissolution of such Society in accordance with the procedure specified under the relevant sections.
(2) Upon dissolution of a Society under sub -section (I) above, the Registrar Generator the Registrar or the District Registrar, as the case may be, shall take action for winding -up the affairs of the dissolved Society in accordance with the provisions contained in the Act.