Societies Act · 2010 Revised Edition · Part IV · Registered Societies
Section 26
Official textFrom Attorney General's Chambers, unchanged
Upon the making of an order by the Minister under section 31, upon the refusal of the Registrar to register a society under section 11 or
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upon the cancellation of the registration of a registered society under any provision of this Act —
registered society
“registered society” means a society registered under section 8(3);
the property of the society shall forthwith vest in the officer who, by the terms of the order of dissolution, is appointed by the
Registrar for the purpose of winding-up the affairs of the society;
such officer shall wind up the affairs of the society and, after satisfying and providing for all the debts and liabilities of the society and the costs of the winding-up —
shall divide any surplus assets of the society amongst its members according to the rules of the society; or
if there are no rules applicable to such case, shall divide such assets equally amongst its members, but if by reason of the number of members or the difficulty of ascertaining the persons entitled to such assets or for any other reason, such a division is in his opinion impracticable, he shall prepare and submit to the High
Court for its approval of a scheme for the application of such assets to purposes likely to benefit that portion of the public to which the members of the society are more likely to belong or the public generally;
such scheme when submitted for approval may be amended by the High Court in such way as it thinks proper;
the approval of the High Court to such scheme or amended scheme shall be denoted by the endorsement thereon of a memorandum of such approval signed by a Judge and by the same being sealed with the seal of the High Court and, thereupon such surplus assets shall be held and applied in accordance with such scheme.
The Registrar may, for the purpose of enabling a society to wind up its own affairs, suspend the operation of this section to such extent and for such period as he may think expedient.
Registrar
“Registrar” means the Registrar of Societies appointed under section 3(1) and includes any Deputy Registrar;
Where an order of dissolution or cancellation has been made against a society, every person who was on the date on which the order was made an office-bearer of that society shall, during the period of 3 years from
society
“society” includes any club, company, partnership or association of 10 or more persons whatever its nature or object, whether temporary or permanent, but does not include — (a) any company incorporated or registered under the Companies Act; (b) any body corporate incorporated or constituted under any written law; (c) any trade union registered or required to be registered under the Trade Unions Act; (d) any company, association or partnership formed for the sole purpose of carrying on any business that has for its object the acquisition of gain by the company, association, partnership or by the individual members thereof; (e) any co-operative society registered under the Co-operative Societies Act; (f) any organisation or association that forms part of the curriculum of a school; (g) any school, management committee of a school, parents’ association or parent-teachers’ association registered or exempted from registration under any written law; (h) any organisation or association formed by any Government department or ministry whose members wholly consist of public servants. Appointment of Registrar, Deputy Registrars and Assistant Registrars.
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the date on which the order was made, be ineligible except with the written permission of the Minister, to act or be elected as an office-bearer of any other society.
office-bearer
“office-bearer” means any person who is the president, vice-president, secretary or treasurer of any society or any branch thereof, or who is a member of a committee or governing body of any society or any branch thereof who holds in such society or branch any office or position analogous to that of a president, vice-president, secretary or treasurer;
Terms defined in s 2
office-bearer
Defined · s 2“office-bearer” means any person who is the president, vice-president, secretary or treasurer of any society or any branch thereof, or who is a member of a committee or governing body of any society or any branch thereof who holds in such society or branch any office or position analogous to that of a president, vice-president, secretary or treasurer;
register
Defined · s 2“register” means the Register of Societies referred to in section 7(1);
registered society
Defined · s 2“registered society” means a society registered under section 8(3);
Registrar
Defined · s 2“Registrar” means the Registrar of Societies appointed under section 3(1) and includes any Deputy Registrar;
society
Defined · s 2“society” includes any club, company, partnership or association of 10 or more persons whatever its nature or object, whether temporary or permanent, but does not include — (a) any company incorporated or registered under the Companies Act; (b) any body corporate incorporated or constituted under any written law; (c) any trade union registered or required to be registered under the Trade Unions Act; (d) any company, association or partnership formed for the sole purpose of carrying on any business that has for its object the acquisition of gain by the company, association, partnership or by the individual members thereof; (e) any co-operative society registered under the Co-operative Societies Act; (f) any organisation or association that forms part of the curriculum of a school; (g) any school, management committee of a school, parents’ association or parent-teachers’ association registered or exempted from registration under any written law; (h) any organisation or association formed by any Government department or ministry whose members wholly consist of public servants. Appointment of Registrar, Deputy Registrars and Assistant Registrars.
Part V
Branches of Registered Societies
Part VI
Unlawful Societies
Part VII
Enforcement
Part VIII
Offences
Part IX