13Provision for dissolution of societies and adjustment of their affairs

Any number not less than three-fifths of the members of any society may determine that it shall be dissolved, and thereupon it shall be dissolved forthwith, or at the time then agreed upon, and all necessary steps shall be taken for the disposal and settlement of the property of the society, its claims and liabilities, according to the rules of the said society applicable thereto, if any, and, if not, then as the governing body shall find expedient provided that, in the event of any dispute arising among the said governing body or the members of the society, the adjustment of its affairs shall be referred to the principal Court of original civil jurisdiction of the district in which the chief building of the society is situate; and the Court shall make such order in the matter as it shall deem requisite:

Provided that no society shall be dissolved unless three-fifths of the members shall have expressed a wish for such dissolution by their votes delivered in person, or by proxy, at a general meeting convened for the purpose:

Provided that ¹[whenever any Government] is a member of, or a contributor to, or otherwise interested in any society registered under this Act, such society shall not be dissolved ²[without the consent of the Government of the State of registration].

STATE AMENDMENT

Assam

Amendment of section 13 of Act XXI of 1860.-- In section 13 of the said Act,--

(a) after the words "as the governing body" the words "or special Committee formed to replace the governing body in respect of all matters affecting the winding up of the affairs of the Society;" shall be inserted;

(b) after the words "the said governing body" the words "should it not have been replaced by the aforesaid special Committee in respect of all matters affecting the winding up of the Society, or the said special Committee,’’ shall be inserted.

(2) After section 13 of the Act, the following proviso shall be inserted as the first proviso, namely:--

Provided that any matter decided by three-fifths of those present either in person or by proxy at any meeting of the members of the Society or of the governing body thereof or of any special Committee appointed at a General Meeting for the purpose of winding up of the affairs of a Society shall not be deemed to be a matter of dispute within the meaning of this section.

[Vide Assam Act 15 of 1948, s. 2]