(1) Except as otherwise provided in sub-section (2), if the Registrar,—
(a) after an inquiry has been held under section 86, or an inspection has been made under the provisions of section 87 or section 88 or on the report of the auditor auditing the accounts of the society;
(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;
(ii) has ceased working;
(iii) possesses shares or member’s deposits not exceeding five thousand rupees; or SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 45
(iv) has ceased to comply with any conditions as to registration and management in this Regulation or the rules or the bye-laws, he may, after giving the society an opportunity of making a representation, by order, direct it to be wound up.
(2) 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-fourths 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 and the Registrar shall, after disposing of the surplus assets in accordance with the provisions of section 115, cancel the registration of such society under section 21.
(3) Where an interim order is made on a ground specified in clause (a) or subclause (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 period of one month from the date of issue of such order.
(4) The Registrar, after giving an opportunity to the society of being heard, shall make a final order, vacating or confirming the interim order.