ACT NO. 21 OF 1860 [21st May, 1860.]
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].
14. Upon a dissolution no member to receive profit.--If upon the dissolution of any society registered
under this Act there shall remain after the
satisfaction of all its debts and liabilities any property
whatsoever, the same shall not be paid to or
distributed among the members of the said society or any
of them, but shall be given to some other society, to be determined by the votes
of not less than three-fifths of the members present personally or by proxy at
the time of the dissolution, or, in default thereof, by
such Court as aforesaid:
Clause not to apply to Joint-stock
Companies.--Provided, however, that this clause shall not apply to any
society which shall have been founded or established by the
contributions of shareholders in the nature of a Joint-stock
Company.
15. Member defined. Disqualified member.--For the
purposes of this Act a member of a society shall be a person who,
having been admitted therein according to the rules and
regulations thereof, shall have paid a subscription, or shall have
signed the roll or list of members thereof, and shall not have resigned in
accordance with such rules and regulations; but in all proceedings under
this Act no person shall be entitled to vote or be counted as a
member whose subscription at the time shall have been in arrear for a period
exceeding three months.
16. Governing body defined.--The
governing body of the society shall be the governors, council,
directors, committee, trustees or other body to whom by
the rules and regulations of the society the management of its
affairs is entrusted.
17. Registration of societies formed
before Act.--Any company or society established for a literary, scientific, or
charitable purpose, and registered under
3*Act 43 of 1850, or any such society
established and constituted previously to the passing of this Act but not
registered under the said Act 3*43 of 1850,
may at any time hereafter be registered as a society under this Act;
subject to the provision that no such company or society shall be
registered under this Act unless an assent to its being so registered has
been given by three-fifths of the members present personally, or by
proxy, at some general meeting convened for that purpose
by the governing body.
In the case of a company or
society registered under 3*Act 43 of 1850, the directors shall be deemed
to be such governing body.
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Notes:
1. Subs. by the A.O. 1937, for "whenever the Government".
2. Subs. ibid, for "without the consent of Government".
3. Rep. by the Indian Companies Act, 1866 (10 of 1866), s. 219, see
now the Companies Act, 1956(1 of 1956).