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Central Government Act
The Societies Registration Act, 1860
The Societies Registration Act, 1860

1. Societies formed by memorandum of association and registration.—Any seven or more persons associated for any literary, scientific, or charitable purpose, or for any such purpose as is described in section 20 of this Act, may, by subscribing their names to a memorandum of association, and filing the same with the Registrar of Joint-stock Companies 1[***] form themselves into a society under this Act. State Amendments Andhra Pradesh.—In section 1,—
(i) for the words “the Registrar of Joint-Stock Companies” substitute “the Inspector-General of Registration (hereinafter referred to as the Inspector-General)”;
(ii) add the following Explanation namely:— “Explanation.—‘Inspector-General of Registration’ means the Inspector-General of Registration appointed by the State Government under section 3 of the Indian Registration Act, 1908 (XVI of 1908) and includes any officer subordinate to the Inspector-General, not below the rank of District Registrar, or sub-registrar holding the charge of the officer of the District Registrar to whom the State Government may delegate the functions of the Inspector-General under this Act.” [Vide President’s Act 10 of 1954, sec. 2 (w.e.f. 1-10-1954), as re-enacted by A.P. Act 6 of 1956, sec. 4 and Sch. III (w.r.e.f. 1-10-1954).] Assam: Manipur: Tripura.—(i) In its application to the State of Assam in section I, for the words “Registrar of Joint-Stock Companies”, substitute “Registrar of Societies appointed by the State Government.”
(ii) Said Act has been extended to Manipur and Tripura with necessary modifications in the title and section 2. [Vide Assam Act 7 of 1957, sec. 2 (w.e.f. 17-7-1957); G.S.Rs. 85 and 86, published in the Gazette of India, 1960, Pt. II, Sec. 3 (i).]
(Bihar) —In section 1, for the words “Registrar of Joint-Stock Companies”, substitute the words “Inspector-General of Registration”. [Vide Bihar Act 19 of 1956, sec. 2 (w.r.e.f. 21-12-1955).]
(Gujarat) —Same as for that of Maharashtra. Himachal Pradesh.—Same as that of Punjab. [Vide H.P. Act 23 of 1973, sec. 2 (w.e.f. 4-12-1973).]
(Maharashtra) —In its application to the whole of the State of Bombay, in section 1, omit the words “of Joint-Stock Companies”. [Vide Bombay Acts 11 of 1956, sec. 3 (w.e.f. 1-7-1956) and 76 of 1958, sec. 2 (w.e.f. 7-10-1958).]
(Orissa) —(a) After the Preamble and before the existing section 1, insert the following new section, namely:— “1. Application of Registrar of Societies.—†[(1)] The State Government may, by notification, appoint a person to be called the Registrar of Societies and he shall exercise such powers and perform such duties and functions as are conferred by or under the provisions of this Act, and shall subject to such general or special order as the State Government may from time to time make, superintend the administration and carry out the provisions of this Act throughout the State of Orissa.” [Vide Orissa Act 21 of 1958, sec. 2 (w.e.f. 1-1-1961).] [† Existing section 1 renumbered as sub-section (1) thereof and after the section so renumbered sub-sections (2) and (3) inserted by the Orissa Act 9 of 1979, sec. 2 (w.e.f. 3-4-1979).] “(2) The State Government may by notification, appoint one or more Additional Registrars with such local jurisdiction as may be assigned to them by the State Government.
(3) The Additional Registrars so appointed shall, subject to the control of the Registrar of Societies, exercise such of the powers and perform such of the function of the Registrar of Societies as the State Government may authorise in that behalf.”
(b) Original section 1 renumbered as section 1A and in this section as so renumbered for the words “Registrar of Joint-Stock Companies” substitute the words “Registrar of Societies”. [Vide Orissa Act 21 of 1958, secs. 2 and 3 (w.e.f. 1-1-1961).]
(Pondicherry) —In section 1, for the words “Registrar of Joint-Stock Companies”, substitute the words, “Registrar of Companies”. [Vide Pondicherry Act 9 of 1969, sec. 3 (w.e.f. 1-1-1971).] Punjab: Haryana: Chandigarh: Delhi.—(i) In its application to the State of Punjab as it existed immediately before the 1st November, 1956, in section 1, for the words “of Joint-Stock Companies”, substitute the words “to be appointed by the State Government by notification in the Official Gazette, for carrying out the purposes of this Act.” [Vide Punjab Act 31 of 1957, sec. 2: Central Act 31 of 1966, sec. 89.]
(ii) The Punjab Act has been applied to the Union territories of Delhi and Himachal Pradesh (now a State) by G.S.Rs. 83 and 84, dated 16th January, 1960, with the modifications to suit their status. [Vide Gazette of India, 1960, Pt. II, Sec. 3 (i), pp. 144, 145.] Tamil Nadu.—In section 1,—
(a) for the words “the Registrar of Joint-Stock Companies”, substitute the words and brackets “the Inspector-General of Registration (hereinafter in this Act referred to as the Inspector-General)”;
(b) add the following Explanation, namely.— “Explanation.—‘Inspector-General of Registration’ means the Inspector-General of Registration appointed by the State Government under section 3 of the Indian Registration Act, 1908 (Central Act XVI of 1908), or any of the district authorities subordinate to the Inspector-General of Registration not below the rank of the District Registrar to whom powers may be delegated in respect of this Act.” [Vide T.N. Act 24 of 1954, sec. 2 (w.e.f. 1-9-1954).] Uttar Pradesh.—In section 1, for the words “Registrar of Joint-Stock Companies”, substitute the word “Registrar”. [Vide U.P. Act 25 of 1958, sec. 2 (w.e.f. 25-8-1958).] Section 1A Goa, Daman and Diu.—Renumber the existing section 1 as section 1A and:
(i) before section 1A as so renumbered, insert the following section, namely:— “I. Definitions.—In this Act, unless the context otherwise requires,—
(a) “Inspector-General” means the Inspector-General of Registration appointed under section 3 of the Indian Registration Act, 1908 (Central Act 16 of 1908) and includes any of the District Authorities subordinate to the Inspector-General of Registration not below the rank of a District Registrar to whom powers may be delegated in respect of this Act;
(b) “notification” means notification published in the Official Gazette;
(c) “prescribed” means prescribed by rules made under this Act;
(d) “Registration of Societies Order” means the Registration of Societies Order, issued by the Lieutenant Governor of Goa Daman and Diu under clause 2 of the Goa, Daman and Diu (Administration Removal of Difficulties) Order, 1962.”
(ii) in section 1A as so renumbered, for the words “the Registrar of Joint-Stock Companies”, substitute the words “the Inspector-General”. [Vide Goa Act 6 of 1979, sec. 2 (w.e.f. 18-10-1979).]
(Pondicherry) —In section 1 for the words “Registrar of Joint-Stock Companies” substitute the words, “Registrar of Companies”. [Vide Pondichery Act 9 of 1969, sec. 3 (w.e.f. 1-1-1971).] Section 1A and IB
(Gujarat) —The amendments made are the same as those of Maharashtra except that in sub-section (1) of section 1B, for the words “throughout the State of Maharashtra”, substitute the words “throughout the State of Gujarat”. [Vide Gujarat A.L.O. 1961 (w.r.e.f. 1-5-1960).] Section 1A
(Maharashtra) —After section 1, insert the following section, namely:— “1A. Interpretation.—In this Act, unless there is anything repugnant to the subject or context, the expression ‘Registrar’ means the Registrar of Societies appointed under section 1B and includes other officers appointed under the said section to exercise the powers and to perform the duties and functions of the Registrar of Societies.
1B. Registrar of Societies and Assistant Registrar.—
(1) The State Government may, by notification in the Official Gazette, appoint a person, to be called the Registrar of Societies who shall exercise such power and shall perform such duties and functions as are conferred by or under the provision of this Act and shall, subject to such general or special orders as the State Government may make, superintend the administration and carry out the provisions of this Act throughout the State of Maharashtra.
(2) The State Government may also by like notification appoint persons to be called ‘Assistant Registrars of Societies’ for such areas as may be specified in the notification and empower them to exercise powers and to perform duties and function under all or such provisions of this Act as may be specified in the notification.” [Vide Bombay Act 11 of 1956, sec. 2 (w.e.f. 1-7-1956) read with Bombay Act 76 of 1958, sec. 2. (w.e.f. 7-10-1958): Act 11 of 1960.]
(Orissa) —Renumber the existing section 1 as section 1A, and in the section so renumbered for the words “Registrar of Joint-Stock Companies” substitute the words “Registrar of Societies”. [Vide Orissa Act 21 of 1958, secs. 2 and 3 (w.e.f. 1-1-1961).] COMMENTS The Societies established for charitable purpose which also includes the religious purpose can be registered under Act; Hindu Public v. Rajdhani Puja Samithee, AIR 1999 SC 964.
2. Memorandum of association.—The memorandum of association shall contain the following things, that is to say,— the name of the society; the objects of the society; the names, addresses, and occupations of the governors, council, directors, committee, or other governing body to whom, by the rules of the society, the management of its affairs is entrusted. A copy of the rules and regulations of the society, certified to be a correct copy by not less than three of the members of the governing body, shall be filed with the memorandum of association. State Amendments
(Gujarat) —(i) Renumber section 2 as sub-section (1) thereof and in sub-section (1) as so renumbered after and below the words “the name of the society”, insert the following, namely:— “the place of situation of the registered office of the society; the addresses and occupations of the persons who have subscribed their names to the memorandum of association under section 1;”
(ii) after sub-section (1) as so renumbered, insert the following sub-sections, namely:— “(2) A society may, by a special resolution passed by a majority of not less than three fifths of the total membership of the society, after its memorandum of association.
(3) The alteration of the memorandum of association shall not take effect until, and except in so far as, it is sanctioned by the Registrar who shall, before granting such sanction, satisfy himself that the alteration is not such as would have the effect of making the society ineligible for registration under this Act.” [Vide Gujarat Act 17 of 1978, sec. 4 (w.e.f. 1-4-1978).] COMMENTS Under the Act, a committee of management can be framed to manage the affairs of society and the committee is to manage the affairs of the society for a period as specified in its Rules, Bye-laws or Regulations as the case may be. Therefore, if a society runs not only a college but an institution like hospital also the committee of management, constituted under the Act will be managing the affairs of the hospital while the committee of management which has to be formed under the scheme of Administration will have to manage the affairs of the college. That necessarily means that the committee so constituted under different statutes have separate identities and separate duties to perform depending upon the nature and extent of activities of the society. Where the society in question runs only the college and that both the Committees of Management constituted under the Act and under the scheme of Administration were the same, with the expiry of the term of the committee constituted for the society would also expire because it had no affairs to manage; Ram Sajiwan v. The II Additional District Judge, Fatehpur, AIR 1994 NOC 273 (All). The rules and regulations given in the memorandum of association form a contract amongst the members of the society and they are necessarily required to be registered under statute, these rules or regulations do not acquire any statutory character. And even if rules or bye-laws do not provide for the observance of the rules of natural justice before an expulsion, the courts will imply them in the contract which is a body of rules or bye-laws; State Bank of India Staff Association v Mohindra Bhattacharyya, AIR 1991 Cal 378. The Registrar can refuse to register a society in case all the necessary requirements as contemplated in the Act are not fulfilled; Shanti Sarup v. Radhaswami Satsang Sabha, Dayalbagh, Agra, AIR 1969 All 248.
3. Registration and fees.—Upon such memorandum and certified copy being filed, the Registrar shall certify under his hand that the society is registered under this Act. There shall be paid to the Registrar for every such registration a fee of fifty rupees, or such smaller fees as 1[the State Government] may, from time to time, direct; and all fees so paid shall be accounted for to 1[the State Government.] State Amendments Andhra Pradesh.—In section 3, for the words “the Registrar” wherever they occur, substitute the words “the Inspector-General”. [President’s Act 10 of 1954, sec. 3 (w.e.f. 1-10-1954).]
(Bihar) —In section 3, for the word “Registrar” wherever it occurs, substitute the words “Inspector-General of Registration.” [Vide Bihar Act 19 of 1956, sec. 3 (w.r.e.f. 21-12-1955).] Goa, Daman and Diu.—In section 3,—
(i) for the words “the Registrar shall certify”, substitute the words “the Inspector-General shall subject to the provisions of section 3A, certify”;
(ii) for the words “the Registrar for”, substitute the words “the Inspector-General for”. [Vide Goa Act 6 of 1979, sec. 3 (w.e.f. 16-8-1979).]
(Gujarat) —Same as that of Maharashtra. In section 3, for the words “the Registrar shall certify”, substitute the words, figure and letter “the Registrar shall, subject to the provisions of section 3A, certify”. [Vide Gujarat Act 17 of 1978, sec. 5 (w.e.f. 1-4-1978).] Himachal Pradesh.—In section 3, for the full stop at the end of section, substitute a colon and add thereafter the following proviso,— “Provided that the State Government may by notification in Official Gazette exempt any particular society or class of societies from the payment of registration fee.” [Vide H.P. Act 8 of 1965, sec. 2 (w.e.f. 26-11-1965); Act 23 of 1973, sec. 3 (w.e.f. 4-12-1973).]
(Maharashtra) —(i) In section 3, the following proviso shall be inserted, namely:— “Provided that no such fee shall be payable for the registration of a society formed with the object of running an educational institution in any area in which, the Central Provinces and Berar Vidya Mandir Act, 1939, is in force, if the objects are similar to the objects of a Vidya Mandir established under Part I of that Act.” [Vide Bombay Act 76 of 1958, sec. 3 (w.e.f. 7-10-1958).]
(ii) Vidarbha Region.—In its application to the Vidarbha region of the State of Maharashtra the amendment made in section 3 by C.P. and Berar Act III of 1940 shall cease to have effect and is repealed. [Vide Bombay Act 76 of 1958, sec. 2 (b) (w.e.f. 7-10-1958).]
(iii) In section 3, after the words “the Registrar shall”, insert the words “subject to the provisions of section 3A”. [Vide Maharashtra Act 11 of 1968, sec. 2 (w.e.f. 1-10-1968).]
(Orissa) — In section 3, for the word “Registrar”, substitute the words “Registrar of Societies.” [Vide Orissa Act 21 of 1958, sec. 3 (w.e.f. 1-1-1961).] Punjab: Haryana: Chandigarh.—In its application to the State of Punjab, in section 3 add the following proviso, namely:— “Provided that in the case of society which had prior to the 15th August, 1947 been registered by the Registrar, Joint-Stock Companies at Lahore, the State Government may grant exemption from payment of the whole or any part of the registration fee.” [Vide E.P. Act 32 of 1948, sec. 2 (w.e.f. 12-11-1948); Central Act 31 of 1966, sec. 89.] Tamil Nadu.—In its application to the State of Madras, the amendment made in section 3 is the same as that in Andhra Pradesh. [Vide T.N. Act 24 of 1954, sec. 2 (iii) (w.e.f. 1-9-1954).] Uttar Pradesh.— For section 3, substitute the following section, namely:— “3. (1) Upon such memorandum and certified copy being filed along with particulars of the address of the Society as office which shall be in registered address, by the Secretary of the Society on behalf of the persons subscribing to the memorandum, the Registrar shall certify under his hand that the society is registered under this Act. There shall be paid to the Registrar for every such registration a fee of one thousand or such smaller fee as the State Government may notify in respect of any class of societies: Provided that the Registrar may in his discretion, issue public notice or issue notice to such persons as he thinks fit inviting objections, if any, against the proposed registration and consider all objections that may be received by him before registering the Society.
(2) Notwithstanding anything in sub-section (1) the Registrar shall refuse to register a society, if after giving it an opportunity of showing cause against such refusal, he is satisfied that—
(a) the name of the society is identical with that of any other society previously registered under this Act;
(b) the name of the society sought to be registered uses any of the words namely ‘Union’, ‘State’, ‘Land Mortgage’, ‘Land Development’. ‘Co-operative, ‘Gandhi’, ‘Reserve Bank’ or any words expressing or implying the sanction, approval or patronage of the Central or any State Government or any word which suggests or is calculated to suggest any connection with any local authority or any corporation or body constituted by or under any law for the time being in force or is such as is otherwise likely to deceive the public or the members of any other society previously registered under this Act;
(c) any one or more of the objects of the society sought to be registered is not an object mentioned in sections 1 and 20; or
(d) its objects are contrary to any other law for the time being in force: Provided that the State Government may, by notification in the Official Gazette, increase from time to time the fee payable under this sub-section: Provided further that the Registrar may, in his discretion, issue public notice or issue notices to such persons as he thinks fit inviting objections, if any, against the proposed registration and consider all objections that may be received by him before registering the society.” [Vide U.P. Acts 52 of 1975, sec. 2; 13 of 1978, sec. 3; 26 of 1979, sec. 2; 23 of 1994 and 8 of 2000, sec. 2 (w.r.e.f. 25-11-1993).] Section 3A
(Assam) —After section 3 insert the following:— “3A. Name of Society.—(1) No society shall be registered under a name which is identical with, or too nearly resembles, the name of any other society or any body corporate which has been previously registered or incorporated under this Act or any other law for the time being in force, as the case may be. No society shall use in its nomenclature any of the words, namely:— ‘Union’, ‘State’, ‘Land Mortgage’, ‘Gandhi’, ‘Reserve Bank’ or any word expressing or implying the sanction, approval or patronage of Central or any State Government or any word which suggest or is calculated to suggest connection with any local authority or any corporation or body constituted by the Government under any law for the time being in force except when the State Government signifies its consent to the use of such words as part of the name of a society by order in writing.” [Vide Assam Act 13 of 1967, sec. 2 (w.e.f. 18-8-1967).] Section 3A Goa, Daman and Diu.—After section 3, insert the following section, namely:— “3A. Prohibition against registration of societies with undesirable names.—No society, shall be registered by a name which, in the opinion of the Inspector- General, is undesirable, being a name which is identical with, or which in the opinion of the Inspector-General so nearly resembles the name by which any other existing society has been previously registered as to be likely to deceive the public or members of either society, or which is being used without the previous permission of the Government concerned, and which suggests or is calculated to suggest the patronage of any Government or connection with any body constituted by any Government or local authority, or which may, subject to any rules made in this behalf, be deemed to be undesirable by the Inspector-General: Provided that no order shall be passed under section 3A unless the party against whom such order is proposed to be passed is heard on the matter.” [Vide Goa Act 6 of 1979, sec. 4 (w.e.f. 18-10-1979).] Section 3A
(Gujarat) —After section 3, insert following, namely:— “3A. Prohibition against registration of societies with undesirable names.—No Society shall be registered by a name which, in the opinion of the Registrar, is undesirable, being a name which is identical with, or which in the opinion of the Registrar, so nearly resembles the name by which any other existing society has been previously registered, as to be likely to deceive the public or members of either society, or which, without the previous permission of the Government concerned, suggests or is calculated to suggest the patronage of that Government or connection with any body constituted by that Government or any local authority, or which may, subject to any rules made in this behalf, be deemed to be undesirable by the Registrar.” [Vide Gujarat Act 17 of 1978, sec. 6 (w.e.f. 1-4-1978).] Section 3A
(Maharashtra) —After section 3 insert the following, namely:— “3A. Prohibition against registration of societies with undesirable names.—No Society shall be registered by a name which, in the opinion of the Registrar is undesirable, being a name which is identical with, or which in the opinion of the Registrar so nearly resembles the name by which any other existing society has been previously registered, as to be likely to deceive the public or member of either society, or which without the previous permission of the Government concerned, suggests or is calculated to suggest the patronage of that Government or connection with any body constituted by that Government or any local authority, or which may, subject of any rules made in that behalf, be deemed to be undesirable by the Registrar.” [Vide Maharashtra Act 11 of 1968, sec. 3 (1-10-1968).] Section 3A and 3B Uttar Pradesh.—After section 3, insert the following section, namely:— “3A. Renewal of certificate of registration.—(1) Subject to the provision of such section (2), a certificate of registration issued under section 3 shall remain in force for a period of two years from the date of issue: Provided that a certificate issued before the commencement of the Societies Registration (Uttar Pradesh Amendment) Act, 1984 (hereinafter in this section referred to as the said Act), shall remain in force for a period of five years from the date of such commencement on payment of the difference of the fees specified under sub-section (3) and the fees already paid.
(2) A Society registered under section 3, whether before or after the commencement of the said Act, shall on application made to the Registrar within one month of the expiration of the period referred, to in sub-section (1) and on payment of the fee specified in sub-section (3) be entitled to have its certificate of registration renewed for five years at a time: Provided that in the case of a society registered before the commencement of the Act, the Registrar shall refuse to renew the certificate of registration if after giving it, an opportunity of showing cause against such refusal, he is satisfied that any of the grounds mentioned in sub-section (2) of section 3 exist in respect thereof.
(3) There shall be paid to the Registrar with every application for renewal of the certificate of registration—
(a) a fee equal to the registration fee payable under section 3 or rupees two hundred, whichever is less, if such application is filed within the period specified in sub-section (2): Provided that the State Government may, by notification in the Official Gazette, increase from time to time the fee payable under this clause subject to the condition that the fee so increased shall not exceed the registration fee payable under section 3;
(b) an additional fee of forty rupees or such higher fee not exceeding one-fifth of the fee payable under clause (a) as may be notified by the State Government, if such application is filed within one month of the date of expiration of the period specified in sub-section (2); and
(c) an additional fee at the rate of twenty rupees per month or part thereof, or such higher additional fee per month not exceeding half of the additional fee payable under clause (b) as may be notified by the State Government, if such application is filed beyond one month of the expiration of the period specified in sub-section (2).”
(4) Every application for renewal of the certificate shall be accompanied by a list of members of the managing body elected after the registration of the society or after the renewal of certificate of registration and also the certificate sought to be renewed unless dispensed with by the Registrar on the ground of its loss or destruction or other sufficient cause.
(5) A society which fails to get its certificate of registration renewed in accordance with this section with one year from the expiration of the period for which the certificate was operative shall become an unregistered society: Provided that the Registrar may, for sufficient cause allow an application for renewal more than one year after the expiration of the period for which the certificate was operative on payment of a fee of four hundred rupees or such higher fee not exceeding ten times of the additional fee payable under clause (b) of sub-section (3) as may be notified by the State Government from time to time.
(6) Where a certificate of registration is renewed in accordance with sub-section (2) or sub-section (5) such renewal shall operate from the date of expiration of the period for which the certificate was operative.” [Vide U.P. Act 52 of 1975, sec. 3 (w.e.f. 10-10-1975); 13 of 1978, sec. 3 (w.r.e.f 27-2-1978); 11 of 1984, sec. 3 (w.e.f. 30-11-1984), 23 of 1994 and 8 of 2000) sec. 3 (w.r.e.f. 25-11-1999).] Section 3B After section 3A, insert the following, namely:— “3B. Reference to the State Government.—If any question arises whether any Society is entitled to get itself registered in accordance with section 3 or to get its certificate of registration renewed in accordance with section 3A the matter shall be referred to the State Government and the decision of the State Government there on shall be final.” [Vide U.P. Act 26 of 1979, sec. 3 (w.e.f. 16-7-1979).] COMMENTS A Society registered under the Act has been held to have the presumption of being a ‘person’ within the purview of section 236 of the Indian Succession Act, 1925; Ganga Sahai v. Bharat Bhan, AIR 1950 All 480. A Society whose primary object is religious cannot be registered under this Act; Md. Yunus v. The Inspector General of Registration, AIR 1980 Pat 138.
4. Annual list of managing body to be filed.—Once in every year, on or before the fourteenth day succeeding the day on which, according to the rules of the Society, the annual general meeting of the society is held, or, if the rules do not provide for an annual general meeting, in the month of January, a list shall be filed with the Registrar of Joint-Stock Companies, of the names, addresses and occupations of the governors, council, directors, committee, or other governing body then entrusted with the management of the affairs of the society. State Amendments Andhra Pradesh.—In section 4, for the words “the Registrar of Joint-Stock Companies”, substitute the words “the Inspector-General of Registration.” [Vide President’s Act 10 of 1954, sec. 3 (w.e.f. 1-10-1954).] Assam: Manipur: Tripura.—In its application to the State of Assam, in section 4, for the words “Registrar of Joint-Stock Companies”, substitute “Registrar of Societies”. [Vide Assam Act 7 of 1957, sec. 2(ii) (w.e.f. 17-7-1957) and G.S.Rs. 85 and 86 of 1960, published in the Gazette of India, 1960, Pt. II, Sec. 3
(i) , pp. 145, 146.]
(Bihar) —In section 4, for the words “Registrar of Joint-Stock Companies”, substitute the words, “Inspector-General of Registration.” [Vide Bihar Act 19 of 1956, sec. 3 (w.r.e.f. 21-12-1955).] Goa, Daman and Diu.—In section 4, for the words “the Registrar of Joint-Stock Companies”, substitute the words “the Inspector-General”. [Vide Goa Act 6 of 1979, sec. 5 (w.e.f. 18-10-1979).]
(Gujarat) —Same as that of Maharashtra. Himachal Pradesh.—Same as that of Punjab. [Vide H.P. Act 23 of 1973, sec. 4 (w.e.f. 4-12-1973).]
(Maharashtra) —In its application to the whole of the State of Bombay, in section 4, omit the words “of Joint-Stock Companies.” [Vide Bombay Act 11 of 1956, sec. 3 (w.e.f. 1-7-1956) and Act 76 of 1958, sec. 2 (w.e.f. 7-10-1958).]
(Orissa) —In section 4, for the words “Registrar of Joint-Stock Companies”, substitute the words “Registrar of Societies”. [Vide Orissa Act 21 of 1958, sec. 3 (w.e.f. 1-1-1961).] Punjab: Haryana: Chandigarh: Delhi: Himachal Pradesh.—In its application to the State of Punjab, in section 4.—
(i) Add the following words, namely:— “If a society makes default in complying with the requirements of this section, it shall be liable to a fine not exceeding fifty rupees.” [Vide E.P. Act 6 of 1949, sec. 2 (w.e.f. 8-2-1949); Central Act 31 of 1966, sec. 89.]
(ii) Omit the words “of Joint-Stock Companies”. [Vide Punjab Act 31 of 1957, sec. 3; Chandigarh Act 31 of 1966 and G.S.Rs. 83 and 84 of 1960, published in the Gazette of India, 1960, Pt. II, Sec. 3(i), pp. 144, 145.] Tamil Nadu.—Section 4 is the same as that of Andhra Pradesh. [Vide T.N. Act 24 of 1954, sec. 2(iv) (w.e.f. 1-9-1954).] Uttar Pradesh.—In section 4, for the words “Registrar of Joint-Stock Companies”, substitute the word “Registrar”. [Vide U.P. Act 25 of 1958, sec. 2 (w.e.f. 25-8-1958).]
(i) Renumber section 4 as sub-section (1) thereof, and after sub-section (1) as renumbered insert the following sub-section namely:— “(2) Together with list mentioned in sub-section (1) there shall be sent to the Registrar a copy of the memorandum of association including any alteration, extension or abridgement of purposes made under section 12, and of the rules of the society corrected up to date and certified by not less than three of the members of the said governing body to be a correct copy and also a copy of the balance-sheet for the proceeding year of account.” [Vide U.P. Act 52 of 1975, sec. 4 (w.e.f. 10-10-1975).]
(ii) in sub-section (1) insert the following proviso: Provided that if the managing body is elected after the last submission of the list, the counter signature of the old members, shall as far as possible, be obtained on the list. If the old office bearers do not counter sign the list, the Registrar may is his discretion, issue a public notice to such persons as he thinks fit inviting objections within a specified period and shall decide all objections received within the said period. [Vide U.P. Act 11 of 1984, sec. 4 (w.e.f. 30-4-1984).] Sections 4A and 4B
(Assam) —(i) In its application to the State of Assam, after section 4 insert the following new section, namely:— “4A. Changes in managing body and rules to be filed.—(1) Together with the list mentioned in section 4, there shall be sent to the Registrar of Societies a statement showing changes during the year to which the list relates in the personnel of the governors, council, directors, committee or other governing body to whom the management of the affairs of the Society is entrusted and also a copy of the rules of the society corrected up-to-date and certified to be a correct copy by not less than three of the members of the governing body.
(2) A copy of ever alteration made in the rules of the society, certified to be a correct copy by not less than three members of the governing body, shall be sent to the Registrar of Societies within fifteen days of the making of such alteration.” [Vide Assam Act 11 of 1952, sec. 2 (w.e.f. 15-10-1952); Act 7 of 1957, sec. 2 (ii) (w.e.f. 17-7-1957).]
(ii) After section 4A insert the following:— “4B. Balance-sheet and auditor’s report to be forwarded to Registrar.—(1) Within thirty days after the holding of every annual general meeting there shall be filed with the Registrar of Societies a copy each of the balance-sheet and auditor’s report certified by the auditor under sub-section (2) of section 5A.
(2) If the President, Secretary or any other person authorised in this behalf by a resolution of the governing body of the society fails to comply with the provisions of sub-section (1) he shall be punishable with fine which may extend to five hundred rupees. [Vide Assam Act 13 of 1967, sec. 3 (w.e.f. 18-8-1967).] Section 4A
(Bihar) —Section 4A, inserted after section 4, is the same as that of Assam, subject to the following modifications, namely:—
(a) for the words “Registrar of Societies” wherever they occur, substitute the words “Inspector-General of Registration”;
(b) for the words “showing changes” substitute the words “showing all changes”;
(c) in sub-section (2), for the words “than three members”, substitute the words “than three of the members” and for “alteration” occurring at the end substitute the word “alteration”. [Vide Bihar Act 4 of 1951, sec. 2 (w.e.f. 7-3-1951); Act 19 of 1956, sec. 5 (w.r.e.f. 21-12-1955).] Section 4A Goa, Daman and Diu.—After section 4, insert the following section, namely:— “4A. Power of Inspector-General to call for Information or returns from governing body of society and provisions relating thereto.—(1) The Inspector- General may serve or cause to be served, on the governing body entrusted with the management of the affairs of any society registered under this Act a notice requiring it to furnish in such manner as may be prescribed, information or returns relating to person employed by the society, their conditions of employment (including their emoluments, any contributions, concessions or other benefits and amenities provided for employees) and such other matters relating thereto, as may be prescribed.
(2) The form in which such information or returns shall be furnished, the particulars which they shall contain and the intervals (if any) in which such information or returns shall be furnished, shall be such as may be prescribed.
(3) The notice referred to in sub-section (1) may be served by post.
(4) No information or returns collected for the purposes of this section, shall without the previous consent in writing of the society in relation to which the information or returns was given or made be published in such manner as would enable any particulars to be identified as referring to a particular society.
(5) Except for the purposes of a prosecution under section 11A or under the Indian Penal Code (Central Act 45 of 1860), no person other than the Inspector-General or any person duly specified by him in this behalf, shall be permitted to see any information or returns furnished as aforesaid.
(6) No suit or other legal proceeding shall lie against the Inspector-General or any person acting under the authority of the Inspector-General in respect of anything in good faith done or intended to be done in pursuance of this section.” [Vide Goa Act 6 of 1979, sec. 6 (w.e.f. 18-10-1979).] Sections 4A and 4B
(Gujarat) —After section 4, insert the following namely:— “4A. Changes in Managing body and rules to be filed.—(1) Together with the list mentioned in section 4, there shall be sent to the Registrar a statement showing changes during the year to which the list relates in the personnel, of Governors, Councils, Directors, Committee or other governing body to whom the management of the affairs of the society is entrusted and also a copy of the rules of the society correct up-to-date and certified to be correct copy by not less than three of the member of the governing body.
(2) A copy of every alteration made in rules of the society certified to be a correct copy by not less than three members of the governing body shall be sent to the Registrar within thirty days of the making of such alteration. [Vide Gujarat Act 14 of 1965, sec. 2 (w.e.f. 1-5-1966).]
4B. Power of Registrar to call for information or returns from governing body of society and provisions relating thereto.—
(1) The Registrar may serve, or caused or be served, on the authorised officer of any society registered under this Act, a notice requiring him to furnish in such manner as may be prescribed by rules, information or return relating to persons employed by the society, their conditions of employment (including their emoluments, any contributions, concessions or other benefits and amenities provided for employees and matters relating thereto, as may be prescribed by such rules and the authorised officer of the society on whom, such notice is served, shall be bound to comply with the requirement stated therein.
(2) The form in which such information or returns shall be furnished, the particulars which may they shall contain and the intervals (if any) at which such information or returns shall be furnished shall be such as may be prescribed by rules.
(3) The notice referred to in sub-section (1) may be served by post.
(4) No information or return collected for the purposes of this shall, without the previous consent in writing of the society in relation to which the information or return was giving or made, be published in such manner as would enable any particulars to be identified as referring to a particular society.
(5) Except for the purposes of a prosecution for an offence under section 11A or under the Indian Penal Code, no person other than the Registrar or any person duly authorised by him in this behalf, shall be permitted to see or to have access to any information or return furnished as aforesaid.
(6) No suit or other legal proceeding shall lie against the Registrar or any person acting under the authority of the Registrar in respect of anything in good faith done or intended to be done in pursuance of this section. Explanation.—In this section “authorised officer”, in relation to any society means, such officer or employee of the society as may be authorised for the purposes of this section, by the rules and regulation of the society and in default of such authorisation by rules and regulation by a resolution in writing by the society, and shall include,—
(i) where any officer or employee so authorised is unable to perform his duties by reason of absence due to leave or any other cause or any other officer or employee of the society who is in charge of the duties of the officer or employee so authorised during his absence, and
(ii) where no such officer or employee has been so authorised any member of the governing body of the society.” [Vide Gujarat Act 17 of 1978, sec. 7 (w.e.f. 1-4-1978).] Section 4A
(Maharashtra) —After section 4, insert the following, namely:— “4A. Power of Registrar to call for information or return from governing body of society and provisions relating thereto.—(1) The registrar may serve or cause to be served, on the governing body entrusted with the management of the affairs of any society registered under this Act, a notice requiring to furnish in such manner as may be prescribed by rules, information or returns relating to persons employed by the society, their conditions of employment (including their emoluments, any contribution, concessions or other benefits and amenities provided for employees) and matters relating thereto, as may be prescribed by rules.
(2) The forms in which such information or return should be furnished, the particulars which they should contain and the intervals (if any) in which such information or returns should be furnished, shall be such as may be prescribed by such rules.
(3) The notice referred to in sub-section (1) may be served by post.
(4) No information or return collected for the purposes of this section shall, without the previous consent in writing of the society in relation to which the information or return was given or made be published in such manner as would enable any particulars to be identified as referring to a particular society.
(5) Except for the purposes of a prosecution under section 11A or under the Indian Penal Code, no person other than the Registrar or any person duly specified by him in this behalf, shall be permitted to see any information or return furnished as aforesaid.
(6) No suit or other legal proceedings shall lie against the Registrar or any person acting under the authority of the Registrar in respect of anything in good faith done or intended to be done in pursuance of this section.” [Vide Maharashtra Act 11 of 1968, sec. 4 (1-1-1968).] Sections 4A, 4B and 4C
(Orissa) —After section 4, insert the following sections, namely:— “4A. Changes in the list mentioned in section 4 and rules to be filed.—(1) Without prejudice to the provisions of section 4 and change in personnel on the list filed under said section occurring during the year to which such list relates shall be intimated to the Registrar of Societies within two months of the making of such changes.
(2) A copy of every alteration made in the rules and regulation of the society, certified to be a correct copy by not less than three of the Governors, Directors or members of governing body, as the case may be, shall be sent to the Registrar of Societies within two months of such alteration.
4B. Persons by whom lists, etc., are to be sent.—It shall be the duty—
(a) of the Chairman or, as the case may be, the President, the Secretary or any other person authorised in that behalf by the rules and regulations of the society or by a resolution of the governing body of the society; or
(b) of the Chairman, or as the case may be, the President of the governing body of the society where there is no such authorisation, to file the list mentioned in section 4 or to send the intimation, or as the case may be, the copy mentioned in section 4A to the Registrar or Societies.
4C. Offence.—
(1) If any person who is required so to do under the preceding section fails without reasonable cause to comply with the provisions thereof, he shall, on conviction, be punishable with fine which may extend to one hundred rupees.
(2) If any person wilfully makes or causes to be made any false entry or alteration in, or any omission from, the list filed under section 4 or any statement or copy of rules and regulations sent to the Registrar of Societies under section 4A, he shall on, conviction, be punishable with fine which may extend to five hundred rupees.” [Vide Orissa Act 8 of 1969, sec. 2 (w.e.f. 15-4-1969).] Section 4A
(Pondicherry) —(i) In section 4, for the words “Registrar of Joint-Stock Companies” words “Registrar of Companies” be substituted.
(ii) After section 4, the following section shall be inserted:— “4A. Filing of Annual Accounts.—(1) A copy of the balance-sheet together with a statement of receipts and expenditure duly certified by at least two members of the governing body and audited by a person who has been granted a certificate by the Government under the Chartered Accountants Act, 1949 or by a special auditor approved by the Government shall also be filed with the Registrar of companies, at the same time as required by section 4.
(2) A filing fee of Rs. 3 each shall be paid along with the list and the balance-sheet and copy of alteration to rules respectively referred to in the section 4 and sub-sections (1) and (6) of section 4A. The said fee may be paid either by cash or crediting the amount to Government Treasury and by attaching the duplicate challan to the documents.
(3) All Societies registered under this Act shall hold every year a general meeting at which the report of the management of the institution for the previous year, together with the audited copy of the balance-sheet, receipts and expenditure statement and the auditor’s report shall be submitted for approval.
(4) A special meeting may be convened at any time on requisition of the President or the Chairman of the Executive Committee, if any, or on the requisition of not less than three members of the Executive Committee or seven members of the general body of the society, who shall state in writing the business for which they wish the meeting to be convened. The Secretary shall convene a meeting of the society before the laps at ten days from the date of receipt of the requisition.
(5) If a member has no registered address in the Union Territory and has not furnished to the society an address within the Union Territory for serving notice to him, a notice advertised in two newspapers (one in English and the other in any of the vernacular languages) circulating in the neighbourhood of registered office of the society shall be deemed to be duly given to him on the day on which the advertisement appears.
(6) A copy of every alteration made in the rules and regulations of the society, certified to be a correct copy in the manner prescribed as aforesaid shall be sent to the Registrar within fifteen days of making of such alterations.
(7) If the society makes default in complying with the requirements of sections 4 and 4A, it shall be liable to a fine not exceeding fifty rupees.” [Vide Pondicherry Act 9 of 1969, sec. 4 (w.e.f. 1-1-1970).] Section 4A Uttar Pradesh.—After section 4, insert the following section, namely:— “4A. Changes etc. in rules to be intimated to Registrar.—A copy of every change made in rules of the society and intimation of every change of address of the society, certified by not less than three of the members of the governing body shall be sent to the Registrar within thirty days of the change.” [Vide U.P. Act 52 of 1975, sec. 5 (w.e.f. 10-10-1975).] COMMENTS The Assistant Registrar had no jurisdiction to decide the present dispute in exercise of powers under section 4 of the Societies Registration Act as the dispute has not arisen in the context of the submission of the annual list of the managing body but the election of the office bearers of the society and there is a claim of existence of two rival executive bodies of the society and this has to be decided by section 25 of the Societies Registration Act; All Muslim Welfare Society v. Assistant Registrar, Firms, Societies & Chits, Varanasi, AIR 1992 All 43. Under section 4, the Registrar deals with only such matters as may arise in the context of submission of the annual list of the managing body. Section 4 of the Societies Registration Act is not applicable to the present case as the dispute has not arisen in the context of the submission of the annual list of the managing body but with the election of the office-bearers of the society; All India Council v. Assistant Registrar, Firms, Societies & Chits, Varanasi, AIR 1988 All 236.
5. Property of society how vested.—The property, movable and immovable, belonging to a society registered under this Act, if not vested in trustees, shall be deemed to be vested, for the time being, in the governing body of such society, and in all proceedings, civil and criminal, may be described as the property of the governing body of such society for their proper title. State Amendments
(Bihar) —In section 5, for the words “civil and criminal” the words “civil, criminal and revenue” shall be, and shall be deemed always to have been, substituted. [Vide Bihar Act 2 of 1960, sec. 2 (w.r.e.f. 8-2-1960).] Section 5A
(Assam) —After section 5, insert the following new section, namely:— “5A. Books of account and audit.—(1) Every society shall keep at its registered office proper books of account in which shall be entered accurately—
(a) all sums of money received and the source thereof and all sums of money expended by the society and the object or purpose for which such sums are expended,
(b) the assets and liabilities of the society.
(2) Every society shall have its account audited once every year by a duly qualified auditor and have a balance-sheet prepared by him. The auditor shall also submit a report showing the exact state of the financial affairs of the society. Three copies of the balance-sheet and the auditor’s report shall be certified by the auditor. Explanation.—A duly qualified auditor means a Chartered Accountant within the meaning of the Chartered Accountants Act, 1949 or a person approved by the Registrar of Societies in this behalf.
(3) If the President, Secretary or any other person authorised in this behalf by a resolution of the governing body of the society fails to comply with the provisions of sub-section (1) or sub-section (2) he shall be punishable with fine which may extend to twenty rupees for every day after the detection of the default during which the default continues.” [Vide Assam Act 13 of 1967, sec. 4 (w.e.f. 18-8-1967).] Section 5A Uttar Pradesh.—After section 5, insert section 5A as follows:— “5A. Restriction on transfer of property.—(1) Notwithstanding anything contained in any law, contract or other instrument to the contrary, it shall not be lawful for the governing body of a society registered under this Act or any of its members to transfer without the previous approval of the Court, any immovable property belonging to such society.
(2) Every transfer made in contravention of sub-section (1) shall be void. Explanation I.—The word ‘Court’ shall have the meaning assigned to it in section 13. Explanation II.—The expression ‘transfer’ shall for the purposes of this section mean—
(a) a mortgage, charge, sale gift, of exchange;
(b) lease for a term exceeding five years: or
(c) “irrevocable licence.” [Vide U.P. Act 26 of 1979, sec. 2 (w.e.f. 16-7-1979).] comments The right of the members over the property of a registered society is not personal but merely of management over it in the capacity analogus to that of trustees; Pamulapati Buchinaidu College Committee, Nidubrolu v. Government of Andhra Pradesh, AIR 1958 AP 773.
6. Suits by and against societies.—Every society registered under this Act may sue or be sued in the name of the president, chairman, or principal secretary, or trustees, as shall be determined by the rules and regulations of the society and, in default of such determination, in the name of such person as shall be appointed by the governing body for the occasion: Provided that it shall be competent for any person having a claim, or demand against the society, to sue the president or chairman, or principal secretary or the trustees thereof, if on application to the governing body some other officer or person be not nominated to be the defendant.
7. Suits not to abate.—No suit or proceeding in any Civil Court shall abate or discontinue by reason of the person, by or against whom such suit or proceedings shall have been brought or continued, dying or ceasing to fill the character in the name whereof he shall have sued or been sued, but the same suit or proceeding shall be continued in the name of or against the successor of such person.
8. Enforcement of judgment against society.—If a judgment shall be recovered against the person or officer named on behalf of the society, such judgment shall not be put in force against the property, movable or immovable, or against the body of such person or officer, but against the property of the society. The application for execution shall set forth the judgment, the fact of the party against whom it shall have been recovered having sued or having been sued, as the case may be, on behalf of the society only, and shall require to have the judgment enforced against the property of the society. State Amendments
(Bihar) —In section 8, after the word “judgment” wherever it occurs, insert the words “or decree”. [Vide Bihar Act 20 of 1960, sec. 3 (w.e.f. 3-2-1960).] COMMENTS A judgment or decree is not enforceable against the individual members constituting a registered society in as much as the society has a legal entity separate from its members; K.C. Thomas v. R.L. Godeok, AIR 1970 Pat 163.
9. Recovery of penalty accruing under bye-law.—Whenever by any bye-law duly made in accordance with the rules and regulations of the society, or, if the rules do not provide for the making of bye-laws, by any bye-law made at a general meeting of the members of the society convened for the purpose (for the making of which the concurrent votes of three-fifths of the members present at such meeting shall be necessary), any pecuniary penalty is imposed for the breach of any rule or bye-law of the society, such penalty, when accrued, may be recovered in any Court having jurisdiction where the defendant shall reside, or the society shall be situate, as the governing body thereof shall deem expedient.
10. Members liable to be sued as strangers.—Any member who may be in arrear of a subscription which according to the rules of the society he is bound to pay, or who shall possess himself of or detain any property of the society in a manner or for a time contrary to such rules, or shall injure or destroy and property of the society, may be sued for such arrear or for the damage accruing from such detention, injury, or destruction of the property in the manner hereinbefore provided. Recovery by successful defendant of costs adjudged.—But if the defendant shall be successful in any suit or other proceedings brought against him at the instance of the society, and shall be adjudged to recover his costs, he may elect to proceed to recover the same from the officer in whose name the suit shall be brought, or from the society, and in the latter case shall have process against the property of the said society in the manner above described.
11. Members guilty of offences punishable as strangers.—Any member of the society who shall steal, purloin, or embezzle any money or other property, or wilfully and maliciously destroy or injure any property of such society, or shall forge any deed, bond, security for money, receipt, or other instrument, whereby the funds of the society may be exposed to loss, shall be subject to the same prosecution, and, if convicted, shall be liable to be punished in like manner, as any person not a member would be subject and liable to in respect of the like offence. State Amendments Sections 11A, 11B and 11C Goa, Daman and Diu.—After section 11, insert the following sections, namely:— “11A. Penalty for contravening section 4A.—If the governing body entrusted with the management of the affairs of any society registered under this Act required to furnish any information or returns—
(i) wilfully refuses or without lawful excuse neglects to furnish such information or returns as may be required under section 4A; or
(ii) wilfully furnishes or causes to be furnished any information or returns which it knows to be false; or
(iii) refuses to answer or, wilfully gives a false answer to any question necessary for obtaining any information required to be furnished under section 4A, such governing body shall, for each such offence on conviction, be punished with fine which may extend to fifty rupees.
11B. Penalty for improper disclosure or information or return.—If the Inspector-General or any person duly authorised by him in connection with the collection of any information or returns under this Act wilfully discloses any information or contents of any returns given or made under this Act otherwise than in the execution of his duties under this Act or for the purpose of prosecution, of an offence under this Act or the Indian Penal Code (Central Act 45 of 1860), he shall, on conviction, be punished for such offence with fine which may extend to two hundred rupees.
11C. Cognizance of offences.—No prosecution for an offence under section 11A shall be instituted, except by, or with the sanction of, the Inspector-General, and no prosecution for an offence under section 11B shall be instituted except by, or with the consent of, the Government.” [Vide Goa, Act 6 of 1979, sec. 7 (w.e.f. 18-10-1979).] Sections 11A, 11B and 11C
(Gujarat) —After section 11, insert the following new sections, namely:— “11A. Penalty for contravening section 4B.—If any authorised officer of a society who is required to furnish any information or return under sub-section (1) of section 4B.—
(i) wilfully refuses or without lawful excuse neglects to furnish such information or return as may be required under section 4B; or
(ii) wilfully furnishes or cause to be furnished any information or return which he knows to be false; or
(iii) refuses to answer or wilfully gives a false answer to any question necessary for obtaining any information required to be furnished under section 4B. such authorised officer shall, on conviction, be punished for each such offence with fine which may extend to two hundred rupees.
11B. Penalty for improper disclosure of information or return.—If the Registrar or any person duly authorised by him in connection with the collection of any information or returns under this Act wilfully discloses any information or the contents of any return given or made under this Act otherwise than in the execution of his duties under this Act or under the Indian Penal Code he shall, on conviction, be punished for such offence with fine which may extend to two hundred rupees.
11C. Sanction for prosecution.—No prosecution for an offence under section 11A shall be instituted, except by, or with the sanction of, the Registrar, and no prosecution for an offence under section 11B shall be instituted except by, or with the consent of, the State Government.” [Vide Gujarat Act 17 of 1978, sec. 8 (w.e.f. 1-4-1978).] Sections 11A, 11B and 11C
(Maharashtra) —After section 11, insert the following sections, namely:— “11A. Penalty for contravening section 4A—If the governing body entrusted with the management of the affairs of any society registered under this Act required to furnish any information or return—
(i) wilfully refuses or without lawful excuse neglects to furnish such information or return as may be required under section 4A; or
(ii) wilfully furnishes or causes to be furnished any information or return which it knows to be false; or
(iii) refuses to answer or wilfully gives a false answer to any question necessary for obtaining any information required to be furnished under section 4A, such governing body shall, for each offence on conviction, be punished with fine, which may extend to fifty rupees.
11B. Penalty for improper disclosure of information or return.—If the Registrar or any person duly authorised by him in connection with the collection of any information or returns under this Act wilfully discloses any information or the contents of any returns given or made under this Act otherwise than in the execution of his duties under this Act or for the purposes of the prosecution, of an offence under this Act or the Indian Penal Code, he shall, on conviction, be punished for such offence with fine which may extend to two hundred rupees.
11C. Cognizance of offences.—No prosecution for an offence under section 11A shall be instituted except by or with the sanction of the Registrar, and prosecution for an offence under section 11B shall be instituted except by, or with the consent of, the State Government.” [Vide Maharashtra Act 11 of 1968, sec. 5 (w.e.f. 1-10-1968).]
12. Societies enabled to alter, extend or abridge their purposes.—Whenever it shall appear to the governing body of any society registered under this Act, which has been established for any particular purpose or purposes, that it is advisable to alter, extend, or a bridge such purpose to or for other purposes within the meaning of this Act, or to amalgamate such society either wholly or partially with any other society, such governing body may submit the proposition to the members of the society in a written or printed report, and may convene a special meeting for the consideration thereof according to the regulations of the society; but no such proposition shall be carried into effect unless such report shall have been delivered or sent by post to every member of the society ten days previous to the special meeting convened by the governing body for the consideration thereof, nor unless such proposition shall have been agreed to by the votes of three-fifths of the members delivered in person or by proxy, and confirmed by the votes of three-fifths of the members present at a second special meeting convened by the governing body at an interval of one month after the former meeting. State Amendments
(Delhi) —In section 12, after the words “other society” insert the words “or whenever the governing body of any society registered under this Act decides to change the name of the society”. [Vide Delhi Act 9 of 1954, sec. 2 (w.e.f. 30-10-1954).] Goa, Daman and Diu.—In section 12, after the words “either wholly or partially with any other society,” insert the words “or to change the name of the society”. [Vide Goa Act 6 1979, sec. 8 (w.e.f. 18-10-1979).]
(Gujarat) —Same as that of Maharashtra. Himachal Pradesh.—In section 12, after the words “other society” insert the words “or whenever the governing body of any society registered under this Act decides to change the name of the society.” [Vide H.P. Act 23 of 1973, sec. 5 (w.e.f. 4-12-1973).]
(Maharashtra) —In its application to the State of Bombay, in section 12, after the words “other society”, insert the words “or whenever the governing body of any society registered under this Act decides to change the name of the society”. [Vide Bombay Act 53 of 1948, sec. 2 (w.e.f. 5-12-1948) and Bombay Act 76 of 1958, sec. 2 (w.e.f. 7-10-1958).]
(Orissa) —In section 12,—
(i) in first paragraph, after the words “any other society”, insert the words “or whenever the governing body of any such society decides to change the name of the society”; and
(ii) after second paragraph insert the following proviso:— “Provided that no proposition for amalgamation shall be carried into effect unless it has been considered, agreed to and confirmed by all concerned societies in the manner prescribed in this section.” [Vide Orissa Act 8 of 1969, sec. 3 (w.e.f. 15-4-1969).] Punjab: Haryana: Chandigarh.—In its application to the State of Punjab, the amendment made in section 12 is the same as that of Maharashtra. [Vide E.P. Act 6 of 1949, sec. 3 (w.e.f. 8-4-1949); Central Act 31 of 1966, sec. 89).] West Bengal.—Same as that of Maharashtra. [Vide West Bengal Act 16 of 1950, sec. 3 (w.e.f. 30-3-1950).] Sections 12A, 12B and 12C
(Assam) —After section 12, insert the following new sections, namely:— “12A. Change of name.—Any society registered under this Act may, with the consent of not less than two-thirds of the total number of its members by a resolution at a general meeting convened for the purpose of subject to the provisions of section 12B, change its name.
12B. Notice of change of name.—
(1) Notice in writing of every change of name, signed by the Secretary and by seven members of the society changing its name, shall be sent to the Registrar.
(2) If the proposed name is identical with that by which any other existing society has been registered or, in the opinion of the Registrar, nearly resembles such name as to be likely to deceive the public, the Registrar shall refuse to register the change of name.
(3) Save as provided in sub-section (2), the Registrar shall, if he is satisfied that the provisions of this Act in respect of change of name have been complied with, register the change of name and the change of name shall have effect from the date of such registration.
12C. Effects of change of name.—The change in the name of a society registered under this Act shall not affect any right or obligations of the society or render defective any legal proceeding by or against the society, and any legal proceeding which might have been continued or commenced by or against it by its former name may be continued or commenced by or against it by its new name.” [Vide Assam Act 14 of 1943, sec. 2.] Sections 12A and 12B
(Bihar) —After section 12, insert the following sections, namely:— “12A. Change of name.—Any number not less than three-fifths of the members of any society registered under section 3 may, subject to the provisions of section 12B, change its name.
12B. Notice of change in name.—
(1) Notice in writing of every change of name signed by the Secretary and any seven members of the society changing its name shall be sent to the Registrar.
(2) If the proposed name is identical with that by which any other existing society has been registered or, in the opinion of the Registrar, so nearly resembles such name as to be likely to deceive the public or the members of either society, the Registrar shall refuse to register the change of name.
(3) Save as provided in sub-section (2) the Registrar shall if he is satisfied that the provisions of this Act in respect of change of name have been complied with, register the change of name and the change of name shall have effect from the date of such registration.” [Vide Bihar Act 30 of 1948, sec. 2 (w.e.f. 21-7-1948).] Sections 12A, 12B, 12C
(Delhi) —After section 12, insert following new sections, namely.— “12A. Registration of change of name.—(1) Where a proposition for change of name has been agreed to and confirmed in the manner prescribed by section 12, a copy of the proposition so agreed to and confirmed shall be forwarded to the Registrar for registering the change of name. If the proposed name is identical with that by which any other existing society has been registered, or in the opinion of the Registrar so nearly resembles such name as to be likely to deceive the public or the members of either society, the Registrar shall refuse to register the change the name.
(2) Save as provided in sub-section (1), the Registrar shall, if he is satisfied that the provisions of this Act in respect of change of name have been complied with, register the change of name and issue a certificate of registration altered to meet the circumstances of the case. On the issue of such a certificate the change of name shall be complete.
(3) The Registrar shall charge for any copy of a certificate issue under sub-section (2) a fee of rupee one or such large fee and exceeding rupees five as the State Government may from time to time, direct; and all fees so paid shall form part of the Consolidated Fund of India.
12B. Effect of Change.—The change in the name of a society shall not affect any rights or obligations of the society or render defective any legal proceeding by or against the society; and any legal proceeding which might have been continued or commenced by or against it by the former name may be continued or commenced by or against it by the new name.
12C. Registration of change of names effected before coming into force of Delhi Act 9 of 1954.—If any society registered under this Act has, before the date of the coming into force of the Societies Registration (Delhi Amendment) Act, 1954, intimated to the Registrar the change of its name and if the Registrar has recorded such change, the Registrar may, notwithstanding anything contained in this Act, on an application made by the society in this behalf and on payment of a fee as provided for in sub-section (3) of section 12A, register the change of such name and issue a certificate to the society under sub-section (2) of the said section 12A. One of the issue of such certificate the change shall be deemed to be complete from the date on which such change was recorded by the Registrar, notwithstanding the fact that the society had not followed the procedure prescribed in sections 12 and 12A.” [Vide Delhi Act 9 of 1954, sec. 3 (w.e.f. 30-10-1954).] Sections 12A to 12D Goa Daman and Diu.—After section 12, insert the following sections, namely:— “12A. Registration of change of name.—
(1) Where a proposition for change of name of a society has been agreed to and confirmed in the manner specified in section 12, a copy of the proposition so agreed to and confirmed shall be forwarded to the Inspector-General for registering the change of name.
(2) If the proposed change of name is in his opinion undesirable for any of the reasons mentioned in section 3A, the Inspector-General shall refuse to register the change of name.
(3) Save as provided in sub-section (2), the Inspector-General shall, if he is satisfied that the provisions of the Act in respect of the change of name have been complied with, register the change of name and issue a certificate of registration altered to meet the circumstances of the case and on the issue of such a certificate, the change of name shall be complete.
(4) The Inspector-General shall charge for any copy of a certificate issued under sub-section (3), a fee of one rupee and all fees so paid shall be accounted for to the Government.
(5) If, through inadvertence or otherwise, a society is registered by a name which should not have been registered (due regard being had to the provisions of section 3A), the Inspector-General, may, after hearing the party concerned, direct the society to change the name, and the society shall change its name within a period of three months from the date of such direction or such longer period as the Inspector-General may think fit to allow, in accordance with the provisions of this Act.
12B. Effect of change of name.—The change of name of society shall not affect any right or obligation of the society or render defective any legal proceeding by or against the society, and any legal proceeding which might have been continued or commenced by or against it by its former name may be continued or commenced by or against it by its new name.
12C. Maintenances of accounts, and their balancing and accounting.—
(1) Every governing body entrusted with the management of the affairs of a society registered under this Act shall keep regular accounts.
(2) Such accounts shall be kept in such from as may be approved by the Inspector-General and shall contain such particulars as may be prescribed.
(3) The accounts of a society shall be balanced each year on the 31st day of March or such other date as may be fixed by the Inspector-General.
(4) The accounts of a society shall be audited annually in such manner as may be prescribed and by a person who is a Chartered Accountant within the meaning of the Chartered Accountants Act, 1949 (Central Act 38 of 1949), or by such persons as may be authorised in this behalf by the Government.
12D. Auditors duty to report irregularity.—
(1) It shall be the duty of every auditor, auditing the accounts of a society under section 12C to prepare a reprint relating to auditing such account and forward a copy of the same to the Inspector-General.
(2) The auditor shall, in his report, specify all case of irregular, illegal or improper expenditure, or failure or omission to recover moneys or other property thereof, and state whether such expenditure, failure, omission, loss or waste was caused in consequence of breach of trust, or misappropriation or any other misconduct on the part of the governing body or any other person.” [Vide Goa Act 6 of 1979, sec. 9 (w.e.f. 18-10-1979).] Sections 12A and 12E
(Gujarat) —Same as that of Maharashtra except sub-section (4) of section 12A, sections 12D and 12E. [Vide Bombay Act 76 of 1958 and Act 11 of 1960, sec. 83.] In section 12A, in sub-section (1) for the portion beginning with the words “if the proposed name” and ending with the words “or the members of either society”, substitute the words, figure and letter “If the proposed change in name is in the opinion of the Registrar undesirable for any of the reasons mentioned in section 3A”. After sub-section (3), add the following sub-section, namely:— “(4) If, through inadvertence or otherwise, a society is registered by a name, by which it should not have been registered having regard to the provisions of section 3A, the Registrar may, after hearing the society concerned, direct the society to change the name; and the society shall change its name within a period of three months from the date of the direction or within such longer period as the Registrar may think fit to allow in accordance with the provisions of this Act.” [Vide Gujarat Act 17 of 1978, sec. 9 (w.e.f. 1-4-1978).] After section 12C, insert following sections, namely:— “12D. Maintenance of account and their balancing and auditing.—(1) Every governing body entrusted with the management or the affairs of a society registered under this Act (not being a public trust within the meaning of the Bombay Public Trusts Act, 1950) shall keep regular accounts.
(2) Such accounts shall be kept in such form as may be approved by the Registrar and shall contain such particulars as may be prescribed by rules.
(3) The accounts shall be balanced each year on the thirty-first day of March or such other day as may be fixed by the Registrar.
(4) The accounts shall be audited annually in such manner as may be prescribed by rules, by a person who is a Chartered Accountant within the meaning of the Chartered Accountants Act, 1949 or by such other persons as may be authorised in this behalf by the State Government.
12E. Auditor’s duty to prepare balance-sheet and report irregularities, etc.—
(1) It shall be the duty of every auditor auditing the accounts of a society under section 12D to prepare an income and expenditure account and a balance-sheet and to forward a copy of the same to the Registrar.
(2) The auditor shall in his report specify all cases of irregular, illegal or improper expenditure, or failure or omission to recover money or other property belonging to the society, or of loss or waste of money or other property thereof; and state whether such expenditure, failure, omission, loss or waste was caused in consequence of breach of trust, or misapplication of money or other property belonging to the society or may other misconduct on the part of the governing body or any other person”. [Vide Gujarat Act 17 of 1978, sec. 10 (w.e.f. 1-4-1978).] Section 12A Himachal Pradesh.—Same as that of Maharashtra. [Vide H.P. Act 23 of 1973, sec. 6 (w.e.f. 4-12-1973).] Sections 12A to 12E
(Maharashtra) —After section 12 of the Act, in its application to the whole of the State of Bombay, insert the following sections, namely:— “12A. Registration of change of name.—(1) Where a proposition for change of name has been agreed to and confirmed in the manner prescribed by section 12, a copy of the proposition so agreed to and confirmed shall be forwarded to the Registrar for registering the change of name. If the proposed change in the name is in his opinion undesirable for any of the reasons mentioned in section 3A the Registrar shall refuse to register the change of name.
(2) Save as provided in sub-section (1), the Registrar shall, if he is satisfied that the provisions of this Act in respect of change of name have been complied with, register the change of name and issue a certificate of registration altered to meet the circumstances of the case. On the issue of such a certificate the change of name shall be complete.
(3) The Registrar shall charge for any copy of a certificate issued under sub-section (2) a fee of rupee one and all fees so paid shall be accounted for to the State Government.
(4) If, through inadvertence or otherwise, a society is registered by a name which should not have been registered (due regard being had to the provisions of section 3A), the Registrar may, after hearing the party concerned direct the society to change the name; and the society shall change its name within a period of three months from the date of the direction in accordance with the provisions of this Act, or such longer period as the Registrar may think fit to allow.
12B. Effect of change of name.—The change in the name of society shall not affect any rights or obligations of the society or render defective any legal proceeding by or against the society and any legal proceeding which might have been continued or commenced by or against it by its former name may be continued or commenced by or against it by its new name.
12C. Registration of change of names effected before coming into force of Bombay Act LIII of 1948.—If any society registered under this Act has, before the date the coming into force of the Societies Registration Bombay (Amendment) Act, 1948, intimated to the Registrar of Companies the change of its name and if the Registrar has recorded such change, the Registrar may, notwithstanding anything contained in this Act, on an application made by the society in this behalf and on payment of a fee as provided for in sub-section (3) of section 12A, register the change of such name and issue a certificate to the society under sub-section (2) of the said section 12A. On the issue of such certificate the change shall be deemed to be complete from the date on which such change was recorded by the Registrar, notwithstanding the fact that the society had not followed the procedure prescribed in sections 12 and 12A.” [Vide Bombay Act 53 of 1948, sec. 3 (w.e.f. 5-11-1948) read with Act 76 of 1958, sec. 2 (w.e.f. 7-10-1958).] “12D. Maintenance of accounts and their balancing and accounting.—
(1) Every governing body entrusted with the management of the affairs of a society registered under this Act (not being a public trust within the meaning of Bombay Public Trusts Act, 1950) shall keep regular accounts.
(2) Such accounts shall be kept in such form as may be approved by the Registrar, and shall contain such particulars as may be prescribed by rules.
(3) The accounts shall be balanced each year on the 31st day of March or such other day as may be fixed by the Registrar.
(4) The accounts shall be audited annually in such manner as may be prescribed by rules and by a person who is a Chartered Accountant within the meaning of the Chartered Accountants Act, 1949, or by such persons as may be authorised in this behalf by the State Government.
12E. Auditor’s duty to prepare balance sheet and report irregularities, etc.—
(1) It shall be the duty of every auditor auditing the accounts of a society under section 12D to prepare balance-sheet and income and expenditure account and to forward a copy of the same to the Registrar.
(2) The auditor shall in his report specify all cases of irregular, illegal or improper expenditure or failure or omission to recover money or other property belonging to the society or of loss or waste of money or other property thereof, and state whether such expenditure, failure, omission, loss or waste caused in consequence of branch of trust or misapplication or any other misconduct on the part of the governing body or any other person.” [Vide Maharashtra Act 11 of 1968, sec. 7 (w.e.f. 1-11-1968).] sections 12A to 12C
(Orissa) —Same as in Maharashtra with the following modifications:—
(ii) omit sub-section (4);
(iii) in section 12C for the words “Bombay Act LIII of 1948” read “Orissa Amendment Act, 1969” and for the words “Societies Registration (Bombay Amendment) Act, 1948” read “S.R. (Orissa Amendment) Act, 1969”; and
(iv) in section 12B, for the words “by its new name” read “by the new name. [Vide Orissa Act 8 of 1969, sec. 4 (15-4-1969).] Sections 12A to 12C
(Pondicherry) —After section 12, insert the following sections, namely:— “12A. Change of name.—Any number not less than three-fifths of the members of any society registered under section 3 may subject to the provisions of section 12B, by a resolution or otherwise change its name.
12B. Registration of change of name.—
(1) Where a proposition for change of name has been agreed to and confirmed in the manner prescribed by section 12A, a copy of the proposition so agreed to and confirmed shall be forwarded to the Registrar of Companies for registering the change of name.
(2) Save as provided in section 18A, the Registrar shall, if he is satisfied that the provisions of this Act in respect of change of name have been complied with, register the change of name and issue a certificate of registration altered to meet the circumstances of the case. On the issue of such a certificate, the change of the name shall be complete.
(3) The Registrar shall charge for any copy of a certificate issued under sub-section (2), a fee of rupee one and fees so paid shall be accounted for to the Government.
12C. Effect of change of name.—The change in the name of society shall not affect any rights or obligations of the society or render defective any legal proceeding by or against the society, and any legal proceeding which might have been continued or commenced by or against it by its former name may be continued or commenced by or against it by its name.” [Vide Pondicherry Act 9 of 1969, sec. 5 (w.e.f. 1-1-1970).] sections 12A and 12B Punjab: Haryana: Chandigarh.—In its application to the State of Punjab new sections 12A and 12B are the same as sections 12A and 12B of Maharashtra. [Vide E.P. Act 6 of 1949, sec. 4 (w.e.f. 8-4-1949); Central Act 31 of 1966, sec. 89.] Sections 12A to 12D Uttar Pradesh.—After section 12, insert the following sections, namely:— “12A. Change of name.—Any society registered under this Act may, with the consent of less than two-thirds of the total number of its members, and with the previous approval of the Registrar in writing change its name by resolution passed as a general meeting convened for the purpose.
12B. Notice of change of name or objects.—
(1) Notice in writing of every change of objects made under section 12 of name made under section 12A signed by the secretary and any three members of the society shall he sent to the Registrar.
(2) Where the Registrar is satisfied that the provisions of this Act in respect of objects or name of society and in respect of change of objects or of name, as the case may be, have been complied with, he may subject to the provisions of section 12C register the change of name which shall have effect from the date of such registration.
12C. Effect of change of name or objects.—The change in the objects or name of a society shall not affect any rights or obligations of the society, nor render defective any legal proceedings by or against the society, and any legal proceeding which might have been continued or commenced by or against it by its former name may be continued or commenced by or against it by its new name.
12D. Registrar’s power to cancel registration in certain circumstances.—
(1) Notwithstanding anything contained in this Act, the Registrar may, by order in writing, cancel the registration of any society on any of the following grounds:—
(a) that the registration of the society or of its name or change of name is contrary to the provisions of this Act or of any other law for the time being in force;
(b) that its activities or proposed activities have been or are or will be subversive of the objects of the society or opposed to public policy; a[(c) that the registration or the certificate of renewal has been obtained by misrepresentation or fraud]: Provided that no order of cancellation of registration of any society shall be passed until the society has been given a reasonable opportunity of altering its name or object or of showing cause against the action proposed to be taken in regard to it. b[(2) An appeal against an order made under sub-section (1) may be preferred to the Commissioner of the Division in whose jurisdiction the Headquarter of the society lies, within one month from the date of communication of such order.
(3) The decision of the Commissioner under sub-section (2), shall be final and shall not be called in question in any court.] [Vide U.P. Act 52 of 1975, sec. 6 (w.e.f. 10-10-1975); Act 26 of 1979, secs. 5 and 6 (w.e.f. 16-7-1979).]
(a) Inserted by U.P. Act 11 of 1984, sec. 5 (w.e.f. 30-4-1984).
(b) Substituted by U.P. Act 11 of 1984, sec. 5 (w.e.f. 30-4-1984). Sections 12A to 12C West Bengal.—New sections 12A and 12B are the same as sections 12A and 12B of Maharashtra: the new section 12C is as follows, namely:— “12C. Registration of change of name effected in certain cases.—If any society registered under this Act has before the date of the coming into force of the Societies Registration (West Bengal Amendment) Act, 1950 intimated to the Registrar of Joint-Stock Companies the change of its name and if the Registrar has recorded such change, the Registrar may, notwithstanding anything contained in this Act, on an application made by the society in this behalf and on payment of a fee as provided for in sub-section (3) of section 12A, register the change of such name and issue a certificate to the society under sub-section (2) of the said section 12A. On of the issue of such certificate the change shall deemed to be complete from the date on which such change was recorded by the Registrar, notwithstanding the fact that the society had not followed the procedure prescribed in sections 12 and 12A.” [Vide West Bengal Act 16 of 1950, sec. 4 (w.e.f. 30-3-1950).]
13. Provision for dissolution of societies and adjustment of their affairs.—Any number not less than three-fifths of the members of any society may determine that it shall be dissolved, and thereupon it shall be dissolved forthwith, or at the time then agreed upon, and all necessary steps shall be taken for the disposal and settlement of the property of the society, its claims and liabilities, according to the rules of the said society applicable thereto, if any, and if not, then as the governing body shall find expedient, provided that, in the event of any dispute arising among the said governing body or the members of the society, the adjustment of its affairs shall be referred to the principal Court of original civil jurisdiction of the district in which the chief building of the society is situate; and the Court shall make such order in the matter as it shall deem requisite. Assent required.—Provided that no society shall be dissolved unless three-fifths of the members shall have expressed a wish for such dissolution by their votes delivered in person, or by proxy, at a general meeting convened for the purpose: Government consent.—Provided that 1[whenever any Government] is a member of, or a contributor to, or otherwise interested in any society registered under this Act, such society shall not be dissolved 2[without the consent of the Government of the 3[State] of registration.] State Amendments
(Assam) —In section 13—
(i) after the words “as the governing body” insert the words “or special committee formed to replace the governing body in respect of all matters affecting the winding up of the affairs of the society”.
(ii) after the words “the said governing body” insert the words “should it not have been replaced by the aforesaid special committee in respect of all matters affecting the winding up of the society or the said special committee;”
(iii) after section 13, insert the following as the first proviso— “Provided that any matter decided by three-fifths of those present either in person or by proxy at any meeting of the members of the society of the governing body thereof or of any special Committee appointed at a general meeting for the purpose of winding up of the affairs of a society shall not be deemed to be a matter of dispute within the meaning of this section.” [Vide Assam Act 15 of 1948, sec. 2 (w.e.f. 20-10-1948).] Uttar Pradesh.—In section 13, for the words “chief building of the society” substitute the words “registered office of the society”. [Vide U.P. Act 52 of 1975, sec. 7 (w.e.f. 10-10-1975).] Sections 13A and 13B After section 13, insert following new sections, namely:— “13A. Power of Registrar to apply for dissolution.—(1) Where in the opinion of Registrar, there are reasonable grounds to believe in respect of a society registered under this Act that any of the grounds mentioned in clauses (a) to (e) of sub-section (1) of section 13B exists he shall send to the society, a notice calling upon it to show cause within such time as may be specified in the notice why the society be not dissolved.
(2) if on or before the date specified in the notice or within such extended period as the Registrar may allow the society fails to show any cause or if the cause shown is considered by the Registrar to be unsatisfactory, the Registrar, may move the Court referred to in section 13 for making an order of the dissolution of the society.
13B. Dissolution by Court.—
(1) On the application of the Registrar under section 13A or under section 24 or on an application made by not less than one- tenth of the members of a society registered under this Act, the Court referred to in section 13 may make an order for the dissolution of the society on any of the following grounds, namely:—
(a) that the society has contravened any provision of this Act or of any other law for the time being in force and it is just and equitable that the society should be dissolved:
(b) that the number of the members of the society is reduced below seven;
(c) that the society has ceased to function for more than three years preceding the date of such application;
(d) that the society is unable to pay its debts or meet its liabilities; or
(e) that the registration of the society has been cancelled under section 12D on the ground that its activities or proposed activities have been or are or will be opposed to public policy.
(2) Without prejudice to the provisions of sub-section (1) or of section 12D, the Court may on an application of the District Magistrate in this behalf make an order for the dissolution of a society on the ground that the activities of the society constitute a public nuisance or are otherwise opposed to public policy.
(3) When an order for the dissolution of a society is made under sub-section (1) or sub-section (2), all necessary steps for the disposal and the settlement of the property of the society, its claims and liabilities and any other adjustment of its affairs take place in manner as the Court may direct.” [Vide U.P. Act 52 of 1975, sec. 8 (w.e.f. 10-10-1975).] Comments Section 15 of the Societies Registration Act postulates that a person may resign from the membership of the society. A member has to be served with notice before expulsion and in the absence of notice the plaintiff would be deemed to be a member of the society. He will not be entitled to vote at the meeting until the up-to-date subscription has not been paid, he can therefore bring suit in the court by virtue of section 13 of the Societies Registration Act; Sarbjit Singh v. All India Fine Arts & Crafts Society, AIR 1990 NOC 26 Del. tc "Section 15 of the Societies Registration Act postulates that a person may resign from the membership of the society. A member has to be served with notice before expulsion and in the absence of notice the plaintiff would be deemed to be a member of the society. He will not be entitled to vote at the meeting until the up-to-date subscription has not been paid, he can therefore bring suit in the court by virtue of section 13 of the Societies Registration Act; Sarbjit Singh v. All India Fine Arts & Crafts Society, AIR 1990 NOC 26 Del." The jurisdiction to adjudicate disputes with respect to dissolution and adjustment of the affairs of the society is vested in the principal Court of original jurisdiction of the district where the society’s registration officers is situated and the rest of the matters arising between the society and third person are out of the purview of this section; M/s. Potti Swami & Bros. v. Rao Saheb D. Govindarajulu, AIR 1960 AP 605.
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
(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.
15. Member defined.—For the purposes of this Act a member of a society shall be a person who, having been admitted therein according to the rules and regulations thereof, shall have paid a subscription, or shall have signed the roll or list of members thereof, and shall not have resigned in accordance with such rules and regulations; Disqualified members.—But in all proceedings under this Act no person shall be entitled to vote or be counted as a member whose subscription at the time shall have been in arrears for a period exceeding three months. State Amendments Uttar Pradesh.—Existing section 15 of the principal Act shall be renumbered as sub-section
(1) thereof and after sub-section (1) so renumbered, the following sub-section (2) shall be inserted:— “(2) Every society shall maintain a register of members giving such particulars as may be prescribed.” [Vide U.P. Act 11 of 1984, sec. 6 (w.e.f. 30-4-1984).] Comments The Act does not contemplate expulsion of any member from the society. The only provision is that a member may resign from the membership of the society. Before any such member is expelled from the society he must be served with a notice in case he has failed to pay the subscription. Even if the subscription is not paid for a period exceeding 3 months he still remains a member but without right to vote. A suit be such a member against society is maintainable; Sarabjit Singh v. All India Fine Arts and Crafts Society, AIR 1990 NOC 26 (Del). tc "The Act does not contemplate expulsion of any member from the society. The only provision is that a member may resign from the membership of the society. Before any such member is expelled from the society he must be served with a notice in case he has failed to pay the subscription. Even if the subscription is not paid for a period exceeding 3 months he still remains a member but without right to vote. A suit be such a member against society is maintainable; Sarabjit Singh v. All India Fine Arts and Crafts Society, AIR 1990 NOC 26 (Del)." Due to the fight between two rival groups, for appointment of managing committee, the High Court appointed a commissioner to hold valid annual general meeting for the very purpose; Geong Apang v. Sanjoy Tassar, AIR 2001 Gau 1.
16. Governing body defined.—The governing body of the society shall be the governors, council, directors, committee, trustees or other body to whom by the rules and regulations of the society the management of its affairs is entrusted. State Amendments Section 16A Uttar Pradesh.—After section 16, insert the following section, namely:— “16A. Disqualification for holding office in society.—A person who is an undischarged insolvent or who has been convicted of any offence in connection with the formation, promotion, management or conduct of the affairs of a society, or of a body corporate, or of an offence involving moral turpitude shall be disqualified for chosen as and for being a member of the governing body or the President, Secretary or any other office-bearer of a society”. [Vide U.P. Act 52 of 1975, sec. 10 (w.e.f. 10-10-1975).]
17. Registration of societies formed before Act.—Any company or society established for a literary, scientific or charitable purpose, and registered under Act 43 of 1850*, or any such society established and constituted previously to the passing of this Act but not registered under the said Act 43 of 1850*, may at any time hereafter be registered as a society under this Act; Assent required.—Subject to the proviso that no such company or society shall be registered under this Act unless an assent to its being so registered has been given by three-fifths of the members present personally, or by proxy, at some general meeting convened for that purpose by the governing body. In the case of a company or society registered under Act 43 of 1850*, the directors shall be deemed to be such governing body. In the case of a society not so registered, if no such body shall have been constituted on the establishment of the society, it shall be competent for the members thereof, upon due notice, to create for itself a governing body to act for the society thenceforth. State Amendments
(Bihar) —For section 17, substitute the following, namely:— “17. Registration of society formed under other Acts.—Any company or society established for a literary, scientific or charitable purpose and registered under the Indian Companies Act 1913 (VII of 1913), or under the Companies Act, 1956 (1 of 1956) and not registered under this Act may, at any time hereafter be registered as a society under this Act: Provided that no such company or society shall be registered under this Act unless an assent to its being so registered has been given by three-fifths of the members present there personally or by proxy, at some general meeting convened for the purpose by governing body. In case of a company or society registered under the Indian Companies Act, 1913 (VII of 1913), or the Companies Act, 1956 (1 of 1956), the directors of the said company or society, as the case may be, shall be deemed to be such governing body. In the case of a society not so registered, if no such body shall have been constituted on the establishment of the society, it shall be competent for the members thereof, upon due notice, to create for itself a governing body to act for the society thenceforth.” [Vide Bihar Act 2 of 1960, sec. 5 (w.e.f. 8-2-1960).] Goa, Daman and Diu.—In section 17—
(i) for the words and figures “Act 43 of 1850”, wherever they occur substitute the words “the Registration of Societies Order”;
(ii) for the words “passing of this Act” substitute the words “commencement of this Act in this Union Territory”, [Vide Goa Act 6 of 1979, sec. 11 (w.e.f. 18-10-1979).]
(Gujarat) —Same as that of Maharashtra. [Vide Gujarat A.L.O. 1961 and Act 11 of 1960, sec. 83.]
(Maharashtra) —In section 17, for the words and figures “passing of this Act but not registered under the said Act XLII 1850”, substitute the words and figures “commencement of this Act in the relevant part of the State but not registered under Act XLIII of 1850 or any law for registration of societies or companies in force immediately before such commencement, as the case may be.” [Vide Bombay Act 86 of 1956, sec. 4 (w.e.f. 7-10-1958).]
18. Such societies to file memorandum, etc., with Registrar of Joint-Stock Companies.—In order to any such society as is mentioned in the last preceding section obtaining registry under this Act, it shall be sufficient that the governing body file with the Registrar of Joint-Stock Companies 1[***] a memorandum showing the name of the society, the objects of the society, and the names, addresses and occupations of the governing body, together with a copy of the rules and regulations of the society certified as provided in section 2, and a copy of the report of the proceedings of the general meeting at which the registration was resolved on. State Amendments Andhra Pradesh.—In section 18, for the words “the Registrar of Joint-Stock Companies”, substitute the words “the Inspector-General”. [Vide President Act 10 of 1954, sec. 3 (w.e.f 1-10-1954) as re-entered by Andhra Pradesh Act 6 of 1956 (w.r.e.f. 1-10-1954).] Assam: Manipur: Tripura.—In section 18, for the words “Registration of Joint-Stock Companies”, substitute “Registrar of Societies,” [Vide Assam Act 7 of 1957, sec. 2 (w.e.f. 17-7-1957) and G.S.Rs. 85 and 86 of 1960, published in the Gazette of India, Pt. II, Sec. 3
(i) , pp. 145, 146.]
(Bihar) —In section 18, for the words “Registrar of Joint-Stock Companies”, substitute the words “Inspector-General of Registration”. [Vide Bihar Act 19 of 1956, sec. 6 (w.r.e.f. 21-12-1955).] Goa, Daman and Diu.—In section 18, for the words “the Registrar of Joint-Stock Companies”, insert the words “the Inspector-General”. [Vide Goa Act 6 of 1979, sec. 12 (w.e.f. 18-10-1979).]
(Gujarat) —Same as that of Maharashtra. [Vide Gujarat A.L.O. 1961 and Act 11 of 1960, sec. 83.] Himachal Pradesh.—Same as that of Punjab. [Vide H.P. Act 23 of 1973, sec. 7 (w.e.f. 4-12-1973).]
(Maharashtra) —In section 18 (including the marginal note thereto) omit the words, “of Joint-Stock Companies”. [Vide Bombay Act 76 of 1958, sec. 5 (w.e.f. 7-10-1958).]
(Orissa) —In section 18, for the words “Registrar of Joint-Stock Companies”, substitute the words “Registrar of Societies”. [Vide Orissa Act 21 of 1958, sec 3 (w.e.f. 1-1-1961).]
(Pondicherry) —(i) In section 18, for the words “Registrar of Joint-Stock Companies”, substitute the words “Registrar of Companies”. [Vide Pondicherry Act 9 of 1969, sec. 6 (w.e.f. 1-1-1970).]
(ii) After section 18, insert the following new section, namely:— “18A. Power of Registrar to refuse registration in certain cases.—(1) The Registrar shall refuse to register—
(a) a society under section 3;
(b) the change of names made under section 12A; or
(c) a society under section 17; if the proposed name of such society is undesirable or identical with that by which any other existing society has been registered or in the opinion of the Registrar so nearly resembles such other name as to be likely to deceive the public or the members of either party.
(2) If any two or more societies which have been registered with identical names, or with names, which in the opinion of the Registrar, so nearly resemble each other as to be likely to deceive the public or the members of such societies the society which was so registered first of all shall continue to function under its original name and other such societies shall change and may be required by the Registrar to change their name suitably within a period of six months from the commencement of this Act.” [Vide Pondicherry Act 9 of 1969, sec. 7 (w.e.f. 1-1-1970).] Punjab: Haryana: Chandigarh: Delhi and Himachal Pradesh.—In its application to the State of Punjab in section 18 omit the words “of Joint-Stock Companies”. [Vide Punjab Act 31 of 1957, sec. 3 and G.S.Rs. 83 and 84 of 1960, published in the Gazette of India, 1960, Pt. III, Sec. 3(i), pp. 144, 145.] Tamil Nadu.—Same as that of Andhra Pradesh. [Vide T. N. Act 24 of 1954, sec. 2 (iv) (w.e.f. 1-1-1954).] Uttar Pradesh.—In section 18, for the words “Registrar of Joint-Stock Companies”, substitute the word “Registrar”. [Vide U.P. Act 25 of 1958, sec. 2 (w.e.f. 25-8-1958).]
19. Inspection of documents.—Any person may inspect all documents filed with the Registrar under this Act on payment of a fee of one rupee for each inspection; and any person may require a copy or extract of any document or any part of any document, to be certified by the Registrar, on payment of two annas for every hundred words of such copy or extract; and such certified copy shall be prima facie evidence of the matters therein contained in all legal proceedings whatever. State Amendments Andhra Pradesh.—In section 19, for the words “the Registrar”, substitute the words “the Inspector-General”. [Vide President’s Act 10 of 1954, sec. 3 (w.e.f. 1-10-1954) as re-enacted by Andhra Pradesh Act 6 of 1956, sec. 4 and Sch. III (w.r.e.f. 1-10-1954).] Assam: Manipur: Tripura.—In its application to the State of Assam, in section 19, for the words “two annas” in between the words “payment of” and “for every hundred” words, substitute the words, “fifteen naye paise”. [Vide Assam Act 11 of 1958, sec. 2 (w.e.f. 1-4-1958) and G.S.Rs. 85 and 86 of 1960, published in the Gazette of India, 1960, Pt. II, Sec. 3
(i) , pp. 144, 145.]
(Bihar) —In section 19, for the words “Registrar” wherever it occurs, substitute the words “Inspector-General of Registration”. [Vide Bihar Act 19 of 1956, sec. 7 (w.r.e.f. 21-12-1955).] Goa, Daman and Diu.—In section 19,—
(i) for the words “Any person may inspect,” substitute the words “Except as otherwise provided by section 4A, any person may inspect;”
(ii) for the words “and any person may require a copy or extract of any document or any part of any document, to be certified by the Registrar, on payment of two annas for every hundred words of such copy or extract”, substitute the words “or may require the Inspector-General to give him a certified copy or extract of any document or any part thereof on payment of such fee as the Government or any officer authorised by it may by notification in the Official Gazette fix in that behalf”. [Vide Goa Act 6 of 1979, sec. 13 (w.e.f. 18-10-1979).]
(Gujarat) —(i) Same as that of Maharashtra. [Vide Bombay Act 76 of 1958; Gujarat A.L.O. 1961 and Act 11 of 1960, sec. 83.]
(ii) In section 19, for the words “Any person may inspect”, substitute the words, figure and letter “Except as otherwise provided by section 4B, any person may inspect”. [Vide Gujarat Act 17 of 1978, sec. 11 (w.e.f. 1-4-1978).] Himachal Pradesh.—In section 19, for the words “two annas”, substitute the words “twenty-five paise”. [Vide H.P. Act 23 of 1973, sec. 8 (w.e.f. 4-12-1973).]
(Maharashtra) —In section 19,—
(i) for the words “and any person may require a copy or extract of any document or any part of any document to be certified by the Registrar on payment of two annas for every hundred words of such copy or extract”, substitute the words “or may require the Registrar to give him a certified copy or extract or any document or any part thereof on payment of such fee as the State Government or any officer authorised by it may by notification in the Official Gazette fix in that behalf”. [Vide Bombay Act 76 of 1958, sec. 6 (w.e.f. 7-10-1958).]
(ii) for the words “Any person may inspect” substitute the words, “Except as otherwise provided by section 4A, any person may inspect”. [Vide Maharashtra Act 11 of 1968, sec. 8 (w.e.f. 1-10-1968).]
(Orissa) —In section 19, for the words “Registrar”, substitute the words “Registrar of Societies”. [Vide Orissa Act 21 of 1958, sec. 8 (w.e.f. 1-1-1961).]
(Pondicherry) —In section 19, for the words “two annas”, substitute the words, “fifteen paise”. [Vide Pondicherry Act 9 of 1969, sec. 8 (w.e.f. 1-1-1970).] Punjab: Haryana: Chandigarh: Delhi.—In its application to the State of Punjab, in section 19, for the words “two annas”, substitute the words “twenty-five naye paise”. [Vide Punjab Act 14 of 1961, sec. 2, Act 31 of 1966; G.S.Rs. 83 and 84, published in the Gazette of India, 1960, Pt. II, Sec. 3(i), pp. 144, 145.] Tamil Nadu.—In its application to the State of Madras, in section 19,—
(i) the amendment made is the same as that of Andhra Pradesh. [Vide Madras Act 24 of 1954, sec. 2(iii) (w.e.f. 1-9-1954).]
(ii) for the words “two and for every hundred words”, substitute the words “twenty-five naye paise of every two hundred words or part thereof”. [Vide Tamil Nadu Act 9 of 1960, sec. 2 and Sch. (w.e.f. 1-4-1961).] Uttar Pradesh.—In section 19,—
(i) for the words “on payment of a fee of one rupee for each inspection”, substitute the words “on payment of such fee as the State Government may, by notification in the Official Gazette, fix”; and
(ii) for the words “on payment of two annas for every hundred words of such copy or extract” substitute the words “on payment of such fee as the State Government may, by notification in the Official Gazette, fix”. [Vide U.P. Act 52 of 1975, sec. 11 (w.e.f. 11-10-1975).]
20. To what societies Act applies.—The following societies may be registered under this Act:— Charitable societies, the military orphan funds or societies established at the several presidencies of India, societies established for the promotion of science, literature, or the fine arts for instruction, the diffusion of useful knowledge, 1[the diffusion of political education], the foundation or maintenance of libraries or reading-rooms for general use among the members or open to the public, or public museums and galleries of paintings and other works of art, collections of natural history, mechanical and philosophical inventions, instruments, or designs. State Amendments
(Bihar) —In section 20, after the words “science, literature”, insert the words “industry, agriculture”. [Vide Bihar Act 2 of 1960, sec. 6 (w.e.f. 8-2-1960).]
(Delhi) —In section 20, for the words “promotion of science, literature, or the fine arts”, substitute the words “promotion of social welfare, activities conducive to the promotion and improvement of the natural environment (including forests, rivers and wild life), compassion for living creatures, literature, science, sports, games or the fine arts”. [Vide Act 26 of 1983, sec. 2(c) (w.r.e.f. 22-6-1983).]
(Haryana) —In section 20, for the words “instruments, or designs”, substitute the words “instruments or designs, promotion of the interest or welfare of the public and any other object as may be notified by the Government as beneficial to the public”. [Vide Haryana Act 23 of 1974, sec. 2 (w.e.f. 5-8-1974).] Himachal Pradesh.—In section 20, after the words “established for the promotion of” and before the word “science” the words “Khadi and Village Industry, Rural Development”, be inserted. [Vide H.P. Act 7 of 1992, sec. 2 (w.e.f. 10-4-1992).]
(Maharashtra) —In its application to the whole of the State of Bombay, section 29 shall be renumbered as sub-section (1) of that section and after sub-section (1) so renumbered, the following sub-section shall be added, namely:— “(2) Notwithstanding anything contained in sub-section (1), any society registered under the Public Societies Registration Act for any public or religious purpose and operating in the Hyderabad area of the State of Bombay at the commencement of the Societies Registration (Bombay Extension and Amendment) Act, 1958 shall be deemed to be and continue to be registered under this Act”. [Vide Bombay Act 76 of 1958, sec. 7 (w.e.f. 7-10-1958).]
(Pondicherry) —In section 20, after the words “instruments or designs” the words “the dissemination of social economic education, promotion of the interest or welfare of the public or a section of the public or of non-trading associations with objects confined to the Union territory and any other objects as may be notified by the Government as being beneficial to the public or to a section or the public”, shall be inserted. [Vide Pondicherry Act 9 of 1969, sec. 9 (w.e.f. 1-1-1970).] Uttar Pradesh.—In section 20, after the words “established for the promotion of” and before the word “science”, insert the words “Khadi and Village Industry, Panchayat Industry, Rural Development”. [Vide U.P. Act 11 of 1984, sec. 7 (w.e.f. 30-4-1984).] Andhra Pradesh.— Sections 21 to 24
(1) After section 20, insert the following, namely:— “Chapter II Special provisions in respect of Societies financed wholly or substantially from the funds of the Government.
21. Definitions.—In this Chapter,—
(i) ‘Government’ means State Government of Andhra Pradesh:
(ii) ‘society’ means a society either wholly or substantially financed from out of the funds of the Government.
22. Chapter to override other provisions of the Act.—The provisions of this Chapter shall have effect notwithstanding anything contained in Chapter I of this Act or any other law for the time being in force.
23. Dissolution of society.—
(1) It shall be competent for the Government, by order and for reasons to be recorded in writing, to dissolve a society with effect from such date as may be specified in the order: Provided that the Government shall before issuing an order dissolving a society, communication to the governing body of the society the proposal to dissolve, fix a reasonable time for the governing body for making a representation against the proposal and consider its representation, if any: Provided further that the Government may, after settling the liabilities, if any, of the dissolved society, make over its properties, whether movable or immovable, to any other society having identical or similar objects, and where there is no such society, the property shall vest in such officer or authority, as may be specified by the Government in this behalf, until a society having identical or similar object is formed where after the properties shall stand transferred to such society.
(2) On the date fixed for the dissolution of a society under sub-section (1), the registration of the society shall stand cancelled and the society shall cease to exist as a corporate body.
24. Power to divide or amalgamate societies.—
(1) Where in the opinion of the Government it is necessary to divide a society or amalgamate two or more societies, they may, by order and form a date fixed therein, direct the division or amalgamation, as the case may be, and issue the necessary certificates of registration: Provided that the Government shall, before issuing an order either dividing a society or amalgamating two or more societies, communicate to the governing body or bodies concerned the proposal to divide or, as the case may be, to amalgamate the society or societies, fix a reasonable time for the governing body or bodies for making a representation against the proposal and consider the representations, if any, received from the body or bodies.
(2) Where a society is divided or where two or more societies are amalgamated, the registration of the society or societies divided or, as the case may be, amalgamated shall stand cancelled and the concerned society or societies shall cease to exist as corporate bodies.
(3) The order referred to in sub-section (1) shall contain the particulars of constitution, authorities, property, rights and interests, liabilities, duties and obligations of the societies or society concerned.” [Vide AP Act 12 of 1984, sec. 2(2) (w.r.e.f. 2-12-1983).] Assam: Manipur: Tripura.— Sections 21 and 22 In its application to the State of Assam, after section 20 insert the following new sections, namely:— “21. Penalties.—(1) If the President, Secretary or any other person authorised in this behalf by a resolution of the governing body of the society fails to comply with the provisions of section 4, he shall, on conviction be punishable with fine which may extend to five hundred rupees and in case of a continuing breach, shall also be punishable with fine not exceeding fifty rupees for each day, during the period the breach continues after first conviction for such offence.
(2) If any person wilfully makes or causes to be made any false entry in, or any omission from, the list required by section 4, or in or from any statement or copy of rules or of alterations in rules sent to the Registrar of Societies under section 4A, he shall, on conviction, be punishable with fine which may extend to two thousand rupees. “22. Procedure.—(1) No Court inferior to that of a Magistrate of the First Class shall try an offence punishable under this Act.
(2) No Court shall take cognizance of an offence punishable under this Act except upon complaint made by the Registrar of Societies or any other person authorised in writing by him in this behalf.” [Vide Assam Act 11 of 1952, sec. 3 (w.e.f. 15-10-1952), Act 7 of 1957, sec. 2 (w.e.f. 17-7-1957); G.S.Rs. 83 and 84 of 1960, published in the Gazette of India, Pt. II, Sec. 3(i), pp. 144, 145.]
(Bihar) — Sections 21 to 24 After section 20, insert the following sections, namely:— “21. Penalty for non-compliance of section 4 or making a false entry.—(1) If the President, Secretary or any person authorised in this behalf by a resolution of the governing body of the society fails to comply with the provisions of section 4, he shall be punished with fine which may extend to five hundred rupees and to a further fine not exceeding fifty rupees for each day during which the default is continued after conviction for such offence.
(2) If any person wilfully makes or causes to be made any false entry in or any omission from the list required by section 4, or in or from any statement or copy of rules or of alterations in rules sent to the Inspector-General of Registration under section 4A, he shall be punished with fine which may extend to two thousand rupees.
(22) Trial of offences.—No Court inferior to that of a Magistrate of the first class shall try any offence under this Act.” [Vide Bihar Act IV of 1951, sec. 3 (w.e.f. 7-3-1951); Act 19 of 1956, sec. 8 (w.r.e.f. 21-12-1955).] After section 22, add the following sections, namely:— “23. Cancellation of registration in certain cases.—(1) Notwithstanding anything contained in this Act the Inspector-General of Registration may, by order in writing, cancel the registration of any society registered under this Act whose office has ceased to be in the State of Bihar by reason of the reorganisation of States or change of the office from the State of Bihar to another State or whose activities are subversive to the objects of the society: Provided that the Inspector-General of Registration shall, before passing an order, make such inquiry as he consider necessary: Provided further that no order of cancellation of registration of any society on the ground of the activities of the society being subversive to the objects of the society shall be passed until the society has been given a reasonable opportunity of showing cause against action proposed to be taken in regard to it.
(2) An appeal against an order made under sub-section (1) may be preferred in such manner, within such time and to such authority, as may be prescribed, and such authority shall consider and dispose of such appeals in the prescribed manner.
(3) The decision of the appellate authority under sub-section (2) shall be final.
24. Power of the State Government to make rules.—
(1) The State Government may after previous publication make rules not inconsistent with the Act for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, the State Government may make rules—
(a) prescribing the form of the Register of Societies and the mode in which entries relating to registration are to be made therein, and the mode in which such entries are to be amended or notices made therein;
(b) regulating the filing of documents received by the Inspector-General of Registration;
(c) prescribing the authority before whom and the time within which an appeal shall be preferred under sub-section (2) of section 23 and the manner in which such appeal shall be considered and disposed of;
(d) prescribing conditions for the inspection of original documents;
(e) regularising the grant of copies of documents; and
(f) providing for any other matter for which there is no provision or insufficient provision in this Act and for which provision is, in the opinion of the State Government, necessary for giving effect to the purposes of this Act.”
(3) Every rule made under this section shall be laid as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which, it is so laid or the session immediately following both Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall, thereafter have effect, only in such modified from or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.” [Vide Bihar Act 2 of 1960, sec. 7 (w.e.f. 8-2-1960) and Act 12 of 1963, secs. 2, 3(w.e.f. 20-6-1963).] Goa, Daman and Diu.— Section 21 After section 20, insert the following section, namely:—
(21) Powers to make rules.—(1) The Government may, subject to the condition of previous publication, make rules for carrying out the purposes of this Act;
(2) Every rule made this section shall be laid as soon as may be after it is made, before the Legislative Assembly of Goa, Daman and Diu, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions and if before the expiry of the sessions immediately following the session or the successive sessions aforesaid, the Assembly agrees in making any modification in any such rule or the Assembly agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under the rule.” [Vide Goa Act 6 of 1979, sec. 14 (w.e.f. 18-10-1979).]
(Gujarat) — Sections 21 to 24
(i) Section 21 is the same as in Maharashtra. [Vide Act 11 of 1960, sec. 83.]
(ii) Sections 22 and 23 are the same as sections 21 and 22 in Assam, respectively except marginal note of section 22 of Assam Act. [Vide Gujarat Act 14 of 1965, sec. 3 (w.e.f. 1-5-1966).] In section 23, in sub-section (2), after the words “punishable under this Act”, insert the words, figures and letter “other than an offence punishable under section 11B”. After section 23, insert the following new section, namely:— “24. Power to make rules.—(1) The State Government may by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing provision, such rules may be made for all or any of the matters expressly required or allowed by this Act to be prescribed by rules.
(3) The power to make rules conferred by this section is subject to the condition of the rules being made after previous publication.
(4) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject to rescission by the State Legislature or to such modification as the State Legislature may make during the session in which they are so laid or the session immediately following.
(5) Any recession or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.” [Vide Gujarat Act 17 of 1978, secs. 13 and 14 respectively (w.e.f. 4-4-1979).] Himachal Pradesh.— Section 21 After section 20, insert new section 21, as follows:— “21. Cognizance of offence.—No Court inferior to that of a Magistrate of the first class shall try any offence under this Act, nor shall cognizance of any such offence be taken except on a complaint in writing by the Registrar or any person authorised by him in writing in this behalf.” [Vide H.P. Act 23 of 1973, sec. 9 (w.e.f. 4-12-1973).]
(Maharashtra) — Sections 20A to 22
(i) After section 20, insert following new sections, namely:— “*[20A. Definition of Special Society.—For the purposes of this Act, ‘a special society’ means a society formed for the purposes of the Maharashtra Educational Institutions (Transfer of Management) Act, 1971. *[20B.] Power to modify Act in relation to special societies.—(1) The State Government may, by notification in the Official Gazette, direct that any of the provisions of this Act specified in the notification—
(a) shall not apply to a special society; or
(b) shall apply to the special society with such exceptions, modifications and adaptations as may be specified in the notification.
(2) A copy of every notification proposed to be issued under sub-section (1) shall be laid in draft before both the Houses of the Legislature of the State for a period of not less than thirty days while they are in session, and if within that period, either House disapproves of the issue of the notification or approves of such issue only with modifications, the notification shall not be issued or, as the case may require, shall be issued only with such modifications as may be agreed on by both the Houses. *[Sections 21 and 22 were inserted by Maharashtra Act 49 of 1971, sec. 17 (w.e.f. 1-4-1973) and were renumbered as sections 20A and 20B by Maharashtra Act 11 of 1976, sec. 39 and Sch. II (w.e.f. 14-4-1993).]
(ii) After section 20, insert the following new section, namely:— “21. Pending proceedings and construction of references to Registrar of companies in instruments issued or made before 1st May, 1957 in Kutch, Madhya Pradesh or Saurashtra area of Bombay State.—(1) All proceedings under this Act in its application to the Kutch, Madhya Pradesh and Saurashtra areas of the State of Bombay, pending before the Registrar of Companies immediately before the 1st day of May, 1957, shall stand transferred to the Registrar of Societies and any such proceeding shall be continued and disposed of by such Registrar, as if it had been originally instituted before him under this Act.
(2) In all certificates of registration and in all rules or bye-laws of societies and in other instruments issued or made under this Act before the 1st day of May, 1957, references to the Registrar of Joint Stock Companies or the Registrar of Companies shall be deemed to be and be construed as reference to the Registrar of Societies.” [Vide Societies Registration Act (Bombay Adaptation) Order, 1957 (w.e.f. 1-5-1957).]
(iii) After section 21, insert the following, namely:— “22. Rules.—(1) The State Government may, subject to the condition of previous publication, make rules for carrying out the purposes of this Act.”
(2) Same as sub-section (3) of section 24 in Bihar infra. [Vide Maharashtra Act 1 of 1968, sec. 9 (w.e.f. 1-10-1968).]
(Pondicherry) — Sections 21 to 25 After section 20, insert the following sections,— “21. Inspection and Investigation.—(1) Every society shall be inspected at least once in two years by the Registrar or an officer authorised by him in this behalf who shall be entitled to inspect the premises of any society and shall also be entitled to call for such information or explanation within such time as may be specified.
(2) Where it appears to the Registrar that the affairs of a society call for investigation the Registrar may appoint a certified officer to investigate the affairs of such society and may fix his remuneration which shall be borne by the society.
(22) Defunct action.—Where default is made by a society in filing with the Registrar any change in the Memorandum of Association (or in filing with him the returns required by sections 4 and 4A), a Registrar may, after calling upon such society to furnish details of such change (or to submit such returns) within a specified time and on the failure of the society to do so, treat the society as having become defunct (and cause a notification of such decision to be published in the Official Gazette), whereupon the incorporation of the society under this Act shall cease: Provided that the liability, if any, of the members of the governing body or members of the society, as the case may be, shall continue and may be enforced as if the society had not become defunct.
(23) Penalties.—If any person wilfully makes or causes to be made any false entry in, or any omission from, the list required by section 4, or in or from any statement of copy of rules or of alterations in rules sent to the Registrar of Companies under section 4A, he shall, on conviction, be punishable with fine which may extend to two thousand rupees.
24. Cognizance of offences.—No Court inferior to that of a Magistrate of the first class shall try any offence punishable under this Act, nor shall cognizance of any such offence be taken except on a complaint in writing by the Registrar or any person authorised by him in writing in this behalf.
25. Power to make rules.—
(1) The Government may make rules for carrying out the purposes of the Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe—
(a) the maintenance of the register of societies and other books, if any, by the Registrar;
(b) the forms under which the Registrar shall issue certificates of registration of a society, change of name, etc;
(c) the forms and notices under which every society shall intimate the Registrar regarding the amendment to its memorandum or rules and regulations, and;
(d) any other matter which is to be or may be prescribed.
(3) All rules made under this Act shall, as soon as may be after the are made, be laid before the Legislative Assembly, Pondicherry, while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following, the Assembly makes any modification in the rule or decides that the rule should not be made, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.” [Vide Pondicherry Act 9 of 1969, sec. 10 (w.e.f. 1-1-1970).] Punjab: Haryana: Chandigarh.— Section 21 After section 20, insert the following new section, namely:— “21. Cognizance of offence.—No Court inferior to that of a Judicial Magistrate of the first class shall try any offence under this Act nor shall cognizance of any such offence be taken except on a complaint in writing by the Registrar or any person authorised by him in writing in this behalf.” [Vide East Punjab Act 6 of 1949, sec. 5 (w.e.f. 8-4-1949); Punjab Act 25 of 1964, sec. 2 and Sch., Pt. II (w.e.f. 2-10-1964) and Central Act 31 of 1966, sec. 89.] Uttar Pradesh.— Sections 21 to 33 For section 21, substitute the following section, namely:— “21. In this Act, the word “Registrar” means a person appointed as such by the State Government, and includes any Additional Registrar, a Joint Registrar, Deputy Registrar, or Assistant Registrar, on whom all or any of the powers of the Registrar under this Act are conferred by general or special order of the State Government.” [Vide U.P. Act 26 of 1979, sec. 7 (w.e.f. 16-7-1979). Section 21 was previously added by U.P. Act 25 of 1958, sec. 3 (w.e.f. 25-8-1958).]
(ii) After section 21, insert following sections, namely:— “22. Power of Registrar to call for information.—(1) The Registrar may, by written order, require any society to furnish in writing such information or document within such time, being ordinarily not less than two weeks from the date of receipt of the order by the society, as he may specify in the order in connection with the affairs of the society or any documents filed by the society under this Act.
(2) On receipt by the society of an order under sub-section (1), it shall be the duty of the President, Secretary or any other person authorised in this behalf to furnish such information or documents.
(23) Audit.—Without prejudice to the provisions of sub-section (2) of section 4 or of section 22, where the Registrar is of opinion that it is necessary or expedient so to do, he may, by written order, require any society to furnish its accounts or a copy of a statement of receipts and expenditure for any particular year duly audited by a Chartered Accountant: Provided that the Registrar may, at the request of society permit it to have such accounts and statements audited by any other person approved by him.
(2) If the society fails to furnish the documents referred to in sub-section (1) within the period specified in the order or within such extended period as the Registrar may from time to time allow, the Registrar may cause the accounts of such society audited for the said year and may recover the cost of such audit from that society.
(3) If the society neglects or refuses to make its accounts or other documents available for audit under sub-section (2) or, in the opinion of the Registrar, otherwise fails to provide requisite facilities to have the audit made with due expedition, the Registrar may proceed to take action under section 24.
(24) Investigation of affairs of a society.—(1) Where on information received under section 22 or otherwise, or in circumstances referred to in sub-section (3) of section 23, the Registrar is of opinion that there is apprehension that the affairs of a society registered under this Act are being so conducted as to defeat the objects of the society or that the society or its governing body, by whatever name called, or any officer thereof in actual effective control of the society is guilty of mismanaging its affairs or of any breach of fiduciary or other like obligations, the Registrar may, either himself or by any person appointed by him in that behalf, inspect or investigate into the affairs of the society or inspect any institution managed by the society.
(2) It shall be the duty of every officer of the society when so required by the Registrar or other person appointed under sub-section (1) to produce any books of account and other records of or relating to the society which are in his custody and to give him all assistance in connection with such inspection or investigation.
(3) The Registrar or other person appointed under sub-section (1) may call upon and examine on oath any officer, member or employee of the society in relation to the affairs of the society and it shall be the duty of every officer, member or employees, when called upon, to appear before him for such examination. *[(3A) The Registrar or other person appointed under sub-section (1), may, if in this opinion it is necessary for the purpose of inspection or investigation, seize any or all the records including account books of the society: Provided that any person from whose custody such records are seized shall be entitled to make copies thereof in the presence of the person having the custody of such records.]
(4) On the conclusion of the inspection or investigation, as the case may be, the person if any appointed by the Registrar to inspect or investigate shall make a report to the Registrar on the result of his inspection or investigation.
(5) The Registrar may, after such inspection or investigation, give such directions to the society or to its governing body or any officer thereof, as he may think fit, for the removal of any defects or irregularities, within which as may be specified and in the event of default in taking action according to such directions, the Registrar may proceed to take action under section 12D or section 13B, as the case may be. [*Ins. by U.P. Act 11 of 1984, sec. 8 (w.e.f. 30-4-1984).]
25. Dispute regarding election of office-bearers.—
(1) The prescribed authority may, on a reference made to it by the Registrar or by at least one-fourth of the members of a society registered in Uttar Pradesh, hear and decide in a summary manner any doubt or dispute in respect of the election or continuance in office of an office-bearers of such society, and may pass such orders in respect thereof as it deems fit: †[Provided that the election of an office-bearer shall be set aside where the prescribed authority is satisfied—
(a) that any corrupt practice has been committed by such office-bearer; or
(b) that the nomination of any candidate has been improperly rejected; or
(c) that the result of the election in so far as it concerns such office-bearer has been materially affected by the improper acceptance of any nomination or by the improper reception, refusal or rejection of any vote or the reception of any vote which is void or by any non-compliance with the provisions of any rules of the Society. Explanation.—A person shall be deemed to have committed a corrupt practice who, directly or indirectly, by himself or by any other person—
(i) induces, or attempts to induce, by fraud, international misrepresentation, coercion or threat of injury, any elector to give or to refrain from giving a vote in favour of any candidate, or any person to stand or not to stand as, or to withdraw or not to withdraw from being, a candidate at the election;
(ii) with a view to inducing any elector to give or refrain from giving a vote in favour of any candidate, or to inducing any person to stand or not to stand as, or to withdraw or not to withdraw from being a candidate at the election, offers or gives any money, or valuable consideration, or any place or employment, or holds out any promise of individual advantage or profit to any person;
(iii) abets (within the meaning of the Indian Penal Code) the doing of any of the acts specified in clauses (i) and (ii);
(iv) induces or attempts to induce a candidate or elector to believe that he or any person in whom he is interested will become or will be rendered an object of divine displeasure or spiritual censure;
(v) canvasses on grounds of caste, community, sect or religion;
(vi) commits such other practice as the State Government may prescribe to be a corrupt practice. Explanation II.—A promise of individual advantage or profit to a person includes a promise for the benefit of the person himself or of any one in whom he is interested. Explanation III.—The State Government may prescribe the procedure for hearing and decision of doubts or disputes in respect of such elections and make provision in respect of any other matter relating to such elections for which insufficient provision exists in this Act or in the rules of the society.] [†Ins. by U.P. Act 13 of 1978, sec. 4 (w.r.e.f. 27-2-1978).]
(2) Where by an order made under sub-section (1), an election is set aside or an office-bearer is held no longer entitled to continue in office or where the Registrar is satisfied that any election of office-bearers of a society has not been held within the time specified in the rules of that society, he may call a meeting of the general body of such society for electing such office-bearer or office-bearers, and such meeting shall be presided over and be conducted by the Registrar or by any officer authorised by him in this behalf, and the provisions in the rules of the society relating to meetings and elections shall apply to such meeting and election with necessary modifications.
(3) Where a meeting is called by the Registrar under sub-section (2), no other meeting shall be called for the purpose of election by any other authority or by any person claiming to be an office-bearer of the society. Explanation.—For the purposes of this section, the expression ‘prescribed authority’ means an officer or court authorised in this behalf by the State Government by notification published in the Official Gazette.”
26. Terms of gift to be observed.—Where a society accepts a gift or donation of money or property of any other kind from any person for a specific purpose, it shall not use the money or other property gifted or donated or any part thereof for any other purpose without the written consent of the Registrar who shall refuse such consent except when he is satisfied that the purpose for which the gift was made is incapable of execution by the society.
27. Penalties.—Any person who— *[
(a) fails to furnish the list of managing body or other information required to be furnished under section 4 or 4 A or wilfully makes or causes to be made a false entry in, or any omission from, the list or any statement or copy or rules or of alteration in rules or other information sent to the Registrar under the said section 4 or section 4A.]
(b) wilfully fails to furnish any account or statement referred to in sub-section (1) of section 23 or furnishes in compliance with the said sub-section particulars which are false and which he either knows or believes to be false or does not believe to be true;
(c) neglects or refuses to make its accounts or other documents available for audit as required by sub-section (3) of section 23;
(d) wilfully fails to produce any books of accounts or other records as required by sub-section (2) of section 24;
(e) wilfully fails to appear before the Registrar or other person appointed by him or otherwise contravenes the provisions of sub-section (3) of section 24; shall be punishable with fine which may extend to two thousand rupees. [* Subs. by U.P. Act 11 of 1984 (w.e.f. 30-4-1984).
28. Procedure.—No Court inferior to that of a Magistrate of the first class shall try an offence punishable under this Act nor shall cognizance of any such offence be taken except on a complaint made by the Registrar or any other person authorised in writing by him by general or special order in that behalf.
29. Compounding of offences.—
(1) The Registrar may accept from any person against whom a reasonable suspicion exists that he has committed any offence punishable under section 27 or against whom a prosecution under that section has been instituted, a sum of money by way of composition fee for the offence which such person is suspected or accused to have committed.
(2) On the payment of such composition fee the suspected person if in custody, shall be discharged and no further proceeding shall be taken against him, and if prosecution of such person had been instituted, the composition shall have the effect of his acquittal.
30. Manner of payment of fees.—Fees payable under the provisions of this Act shall be paid in such manner as may be prescribed by rules.
31. Indemnity.—No suit, prosecution or other legal proceeding shall lie in any Court against the State Government, the Registrar or against any person appointed for inspection or investigation under section 24, for anything in good faith done or intended to be done under this Act or the rules made thereunder.
32. Mode of service of notice, etc. by Registrar.—
(1) Any notice, order or requisition meant for a society or for the governing body thereof to be issued by the Registrar may be served on the Secretary of the Society and service on the Secretary be as effectual as if the same had been served on every member of the society or, as the case may be, on every member of the governing body thereof, unless the Registrar otherwise directs.
(2) The sending of such notice, order or requisition to the Secretary of the society by registered post at its registered office shall amount to sufficient service thereof on the society.
33. Power to make rules.—
(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) All rules made under this Act shall, as soon as may be, after they are made, be laid before each House of the State Legislature while it is in session, for a total period of thirty days extending in its one session or more that one successive sessions and shall unless some later date is appointed, take effect from the date of their publication in the Official Gazette, subject to such modifications or annulments as the two Houses of the Legislature may, during the said period agree to make, so however, that any such modification or annulment shall be without prejudice to validity of anything previously done thereunder. [Vide U.P. Act 52 of 1975, sec. 12 (w.e.f. 10-10-1975).]