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38. When chit may be wound up.- A chit may be wound up by the District Court.-

(a) If the chit has terminated under clause (c) of section 31, or

(b) If the foreman fails to give the security specified in section 12 or if he commits any such act in respect thereto as are calculated to impair materially the nature of the security or the value thereof, or

(c) If he fails to deposit the chit moneys in accordance with the provisions of this Act, or

(d) If it is proved to the satisfaction of the court that the foreman is unable to pay the amount, due to the subscribers, or

(e) If execution other process issued on a decree or order of any court in favour any subscriber in respect of amounts due to him from the chit is returned unsatisfied in whole or in part; or

(f) If it is proved that these has been fraud or collusion on the part of the foreman in the matter of taking securities form prized subscribers, or

(g) If the foreman has appropriated the prize amount in his capacity as a subscriber without furnishing sufficient security for future subscriptions, or

(h) If it is just and equitable that the chit should be wound up.

Explanation.- For the purpose of clause (d) in determining whether the foreman reasonable to pay the amounts due to the subscribers, the court shall take into account is contingent and prospective liabilities in respect of the chit :

Provided that a chit conducted by a company within the meaning of the Companies Act, 1956 (Central, Act 1 of 1956), shall be wound up only by the court having jurisdiction under that Act.

 

 

 

 

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