33. Instrument of dissolution
Feedback & supportWhere a registered organisation is terminated by an instrument of dissolution —
registered organisation
“registered organisation” means any organisation for the time being registered under this Act;
the instrument shall set forth —
the liabilities and assets of the registered organisation in detail;
the number of members and subscribers and the nature of their interests in the organisation;
organisation
“mutual benefit organisation” or “organisation” means any organisation which by its objects and rules either as the principal object or as an ancillary object makes provision by voluntary subscriptions of the members thereof or subscribers thereto with or without the aid of donations for —(a)the relief or maintenance of the members or subscribers, their husbands, wives, children, fathers, mothers, brothers, sisters, nephews, nieces or wards, during sickness or other infirmity, whether bodily or mental, in old age or in widowhood or for the relief or maintenance of the orphan children of members or subscribers during minority;(b)the payment of money on the birth of a member’s or subscriber’s child or on the death of a member or subscriber or of the child, husband, wife, parent or grandparent of a member or subscriber or on the death of any other person or for the funeral expenses of the member or subscriber or of the child, husband or wife of a member or subscriber or of the widow of a deceased member or subscriber; or(c)the relief or maintenance of the members or subscribers when unemployed or when in distressed circumstances;
the intended appropriation or division of the funds and property of the organisation, unless the appropriation or division is stated in the instrument of dissolution to be left to the award of the Registrar;
Registrar
“Registrar” means the officer appointed as Registrar of Mutual Benefit Organisations and includes an Assistant Registrar of Mutual Benefit Organisations;
a statutory declaration made by one of the trustees or by 3 members and the secretary of the organisation that the provisions of this Act have been complied with shall be sent to the Registrar with the instrument of dissolution;
the instrument shall not direct or contain any provision for a division or appropriation of the funds of the organisation or any part thereof, otherwise than for the purpose of carrying into effect the objects of the organisation as declared in the rules thereof, unless the claim of every member or person claiming any relief, annuity or other benefit from the funds thereof is first duly satisfied or adequate provision is made for satisfying those claims;
benefit
“benefit” means the payment made by a mutual benefit organisation for the relief or maintenance of the members or subscribers or on birth or death in accordance with the rules of the mutual benefit organisation;
the instrument of dissolution shall be registered in the manner provided in this Act for the registration of amendments of rules, and shall be binding upon all members of the organisation; and
the Registrar shall cause a notification of the dissolution to be published in the Gazette and unless within 3 months from the date of the publication of the notification, a member or subscriber or other person interested in or having any claim on the funds of the organisation commences proceedings to set aside the dissolution of the organisation, and the dissolution is set aside accordingly, the organisation shall be dissolved from the date of the publication of the notification in the Gazette and the requisite consents in the instrument of dissolution shall be considered to have been duly obtained without proof of the signatures thereto.