Committed for Timely Service!

Tuesday 18 October 2022

Section 102 of MCS ACT 1960 : Winding up

Section 102.Winding up

(1)If the Registrar,—

     (a)after an inquiry has been held under section 83 or an inspection has been made under section 84 1[or 89A]or on the report of the auditor auditing the accounts of the society, or

     (b)on receipt of an application made upon a resolution carried by three-fourth 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, or

         (ii) has ceased working, or

         (iii) possesses shares or member’s deposits not exceeding five hundred rupees, or

         (iv) has ceased to comply with any conditions as to registration and management in this Act or the rules or the by-laws,is of the opinion that a society ought to be wound-up, he may issue an interim order directing it to be wound-up.

(2) A copy of such order made under  2* * * * sub- section (1) shall be communicated, in the prescribed manner, to the society calling upon it to submit its explanation to the Registrar within a month from the date of the issue of such order, and the Registrar, on giving an opportunity to the society 3[and to the creditors of the society, if any,] of being heard, may issue a final order, vacating or confirming the interim order