Committed for Timely Service!

Tuesday 18 October 2022

Section 110 of MCS ACT 1960 : Disposal of surplus assets

Section 110 :Disposal of surplus assets

The surplus assets, as shown in the final report of the Liquidator of a society which has been wound up, may either be divided by the Registrar, with the previous sanction of the State Government, amongst its members in such manner as may be prescribed or be devoted to any object or objects provided in the by-laws of the society, if they specify that such a surplus shall be utilised for the particular purpose or may be utilised for both the purposes. Where the surplus is not so divided amongst the members and the society has no such by-law, the surplus shall vest in the Registrar, who shall hold it in trust and shall transfer it to the reserve fund of a new society registered with a similar object, and serving more or less an area which the society to which the surplus belonged was serving :

Provided that, where no such society exists or is registered within three years of the cancellation of the society whose surplus is vested in the Registrar, then Registrar may distribute the surplus, in the manner he thinks best, amongst any or all of the following :—

(a)an object of public utility and of local interest as may be recommended by the members in general meeting held under the preceding section ;

(b)a federal society with similar objects to which the cancelled society was eligible for affiliation or, where no federal society exists, the State federal society which may be notified in this behalf by the State Government ; and

(c)any charitable purpose as defined in section 2 of the Charitable Endowment Act, 1890.