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 has been founded or established by the contributions of share-holders in the nature of a Joint-Stock Company. State Amendments
Section 14 of The Societies Registration Act, 1860
(Assam) —In section 14, after the words “some other society”, insert the words “whether registered under this Act or not”. [Vide Assam Act 15 of 1948, sec. 3 (w.e.f. 20-10-1948).]
(Gujarat) —Same as that of Maharashtra. [Vide Gujarat A.L.O. 1961 and Act 11 of 1960, sec. 83.]
(Maharashtra) —The following is an amendment of section 14, namely:— “Notwithstanding anything contained in section 14 of the Societies Registration Act, 1860, hereinafter called ‘the said Act’, it shall be lawful for the members of any society dissolved under section 13 of the said Act to determine by a majority of the votes of the members present personally or by proxy at the time of dissolution of such society that any property whatsoever remaining after the satisfaction of all its debts and liabilities shall be given to Government to be utilised for any of the purposes referred to in section 1 of the said Act.” [Vide Bombay Act 2 of 1912, sec. 1 (w.e.f. 29-5-1912).] Section 14A
(Bihar) —After section 14, insert the following new section, namely:— “14A. Disposal of property of a dissolved society.—Notwithstanding anything contained in section 14 it shall be lawful for the members of any society dissolved under section 13 to determine by a majority of the votes of the members present personally or by proxy at the time of the dissolution of such society that any property whatsoever remaining after the satisfaction of all the debts and liabilities shall be given to Government to be utilised for any of the purposes referred to in section 1.” [Vide Bihar Act 2 of 1960, sec. 4 (w.e.f. 8-2-1960).] Section 14A Goa, Daman and Diu.—After section 14, insert the following section, namely.— “14A. Disposal of property of a dissolved society.—Notwithstanding anything contained in section 14, it shall be lawful for the members of any society dissolved under section 13 to determine by a majority of the votes of the members present personally or by proxy at the time of dissolution of such society that any property whatsoever remaining after the satisfaction of all its debts and liabilities shall be given to Government to be utilised for any of the purposes referred to in section 1A.” [Vide Goa Act 6 of 1979, sec. 10 (w.e.f. 10-10-1979).] Section 14A Uttar Pradesh.—After section 14, insert following section, namely:— “14A. Disposal of property of a dissolved society.—Notwithstanding anything contained in section 14, it shall be lawful for the members of any society dissolved under section 13 to determine by a majority of the votes of the members present personally or by proxy at the time of the dissolution of such society that any property whatsoever remaining after the satisfaction of all the debts and liabilities shall be given to the Government to be utilised for any of the purposes referred to in section 1.” [Vide U.P. Act 52 of 1975, sec. 9 (w.e.f. 10-10-1975).] Comments Tax liability of the society cannot be enforced against its members; Swami Satchitanand v. 2nd Additional Income-tax Officer, AIR 1964 Ker 118.