TNCOS Rules 113Chapter X · Winding up and Cancellation of Registration of Societies

Section 113 · Procedure to be followed before ordering the winding up of a society under section 137

(1)

Within ten days of receipt of the notice issued by the Registrar under sub-section (1) of section 137, the society concerned shall call a special meeting of the general body for consideration of the notice. Seven clear days' notice shall be given for such special meeting which shall be held within twenty-five days from the date of receipt of the notice under sub-section (1) of section 137. A copy of the notice issued by the Registrar under sub-section (1) of section 137 shall be communicated to the members along with the notice issued for the special meeting, indicating therein that the members may also send their representations, if any, direct to the Registrar. The society shall send a copy of the resolution of the special meeting together with the representations, if any, on the matter to the Registrar within one month from the date of receipt of the notice from the Registrar.

(2)

Where the society fails or refuses to call a special meeting or communicate a copy of the notice under sub-section (1) of section 137 issued by the Registrar to its members, the Registrar may himself communicate or authorise the financing bank or the federal society or any person subordinate to him or an employee of the society concerned to communicate a copy of the said notice to the members of the society calling upon such members to send their representations, if any, direct to the Registrar within a period of fifteen days from the date of receipt of publication of communication.

(3)

The communication of a copy of the notice issued by the Registrar referred to in sub-rule (1) or (2) shall be,-

(a)

where the address of members are available, by,-

(i)giving or tendering it to every such member or, in his absence to some adult member of his family under acknowledgement; or

(ii)sending it by post under certificate of posting to every such member, or

(b)

where the address of any member of the society is not available, by affixing it on the notice board or any other conspicuous place in the premises of the society; or

(c)

where the address of the society is not available, by publishing it in one or more of the local newspapers having circulation in the area of operations of the society and approved by the Government for issue of Government advertisement and by displaying it in one or more prominent public places within the area of operations of the society.

(4)

Where the Registrar or the person authorised by the Registrar under sub-rule (2) has sent communication under sub-rule (2), the Registrar may, by order, determine the cost to be paid to the Government or to the society or person authorised by the Registrar and direct its recovery from the society concerned.

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