State Act

40

Section 40. winding-up of registered society,

THE TAMIL NADU SOCIETIES REGISTRATlON ACT, 1975

Act no. 27 of 19751975In forceTamil Nadu (State Act)

40. (1) Where the registration of a registered society is cancelled, the Registrar may appoint a Liquidator to wind-up the society if the society has not, within such period as may be prescribed from the date of the order of cancellation, taken any action under section 39. (2) A Liquidator shall have power subject to the control of the Registrar— (a) to institute or defend any action or other legal proceeding on behalf of the registered society by his name of office ; (6) to determine, from time to time, the contribution to be made or remaining to be made by the members of the registered society, respectively, to the assets of the registered society ; (c) to investigate all claims against the registered society and, subject to the provisions of this Act, to decide questions of priority arising between claimants ; {d) to determine by what persons and in what proportions the costs of the liquidation are to be borne ; and (e) to give such directions in regard to the collection and distribution of the assets of the registered society as may appear to him to be necessary for winding-up the affairs of the registered society. (3) Subject to any rules of procedure made under this Act a liquidator shall, in so far as such powers are necessary to carry out the purposes of this section, have power to summon and enforce the attendance of witnesses and to compel the production of documents, as far as may be, by the same means and in the same manner as is provided in the case of a civil court by the Code of Civil Procedure, 1908 (Central Act V of 1908). (4) An order made under this section shall, on application, be enforced by any civil court having local jurisdiction in the same manner as a decree of such court.