Section 51 of the Chit Funds Act, 1982: Commencement and Effect of Winding Up Order
Section 51 explains when the winding up of a chit is treated as having commenced and whose benefit the winding up order serves. The provision is part of Chapter X of the Chit Funds Act, 1982 dealing with winding up of chits.
| Provision | Section 51, Chit Funds Act, 1982 |
|---|---|
| Subject | Commencement and effect of winding up order |
| Act | Chit Funds Act, 1982 (Act No. 40 of 1982) |
| Chapter | Chapter X - Winding Up of Chits |
| Authority | Registrar under the statutory winding up framework |
Text of Section 51
An order for the winding up of a chit shall operate in favour of all the subscribers to whom amounts are due from the foreman and it shall be deemed to have commenced from the date of the presentation of the application for the winding up.
Meaning of Section 51
Section 51 contains two connected statutory rules. First, a winding up order operates for the benefit of all subscribers to whom the foreman owes amounts. Secondly, once the winding up order is made, the winding up is legally treated as having commenced on the date on which the winding up application was presented.
The provision therefore gives the winding up order a statutory relation back to the date of presentation of the application. The relevant date under Section 51 is not merely the later date on which the Registrar makes the winding up order.
Who is protected by the winding up order?
The section expressly refers to all subscribers to whom amounts are due from the foreman. The term subscriber is defined in Section 2 of the Act and, broadly, refers to a person who subscribes to a chit. The foreman is the person responsible for conducting the chit in accordance with the Act and the chit agreement.
Why the commencement date matters
The statutory commencement date helps determine the legal framework applicable to the chit after a winding up order is made. Section 51 should be read with the surrounding provisions governing the winding up process, including the application for winding up, injunctions, vesting of chit assets and restrictions on separate proceedings for recovery.
Related winding up provisions
Section 49 deals with an application for winding up. Section 50 specifies circumstances in which a winding up petition cannot be entertained. After Section 51 fixes the commencement and effect of a winding up order, Section 52 deals with injunction orders, Section 53 with powers of the Registrar, and Section 54 with vesting of chit assets.
Section 55 regulates suits and other legal proceedings after a winding up order or appointment of a receiver, while Section 56 provides for notification of the winding up order.
Official text and legal reference
The Chit Funds Act, 1982 is Central Act No. 40 of 1982. The consolidated statutory text can be checked on the official India Code - Chit Funds Act, 1982 page and the official India Code PDF of the Act.
Frequently asked questions
What does Section 51 of the Chit Funds Act, 1982 provide?
It provides that a winding up order operates in favour of all subscribers to whom amounts are due from the foreman and that the winding up is deemed to have commenced from the date on which the winding up application was presented.
Does winding up commence only on the date of the final order?
No. Where a winding up order is made, Section 51 expressly deems the winding up to have commenced from the date of presentation of the application for winding up.
Does the winding up order benefit only the applicant?
No. The statutory wording states that the order operates in favour of all subscribers to whom amounts are due from the foreman.
Which provisions should be read with Section 51?
Sections 48 to 60 form the principal statutory sequence concerning winding up of chits. For the immediate procedure and consequences surrounding Section 51, Sections 49, 50 and 52 to 56 are particularly relevant.