Professional Documents
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Societies Registration Act Amendments
Societies Registration Act Amendments
The
Societies Registration Act, 1860
[Act 21 of 1860 as amended by Acts 16 of 1874, 14 of 1897 and 22 of 1927 and modified
by A.O. 1937 and A.O. 1950]1
[21st May, 1860]
CONTENTS
2. Memorandum of association
18. Such societies to file memorandum, etc., with Registrar of Joint-stock Companies
———
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the words “Registrar of Joint-Stock Companies”. [Vide Bihar Act 19 of 1956, w.r.e.f. 21
-12-1955]
Gujarat.—Omit the words “of Joint-Stock Companies”. [Vide Bombay Acts 11 of
1956, w.e.f. 1-7-1956; 76 of 1958, w.e.f. 7-10-1958]
Himachal Pradesh.—(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
H.P. Act 23 of 1973, w.e.f. 4-12-1973]
Maharashtra.—Omit words “of Joint-Stock Companies”. [Vide Bombay Acts 11 of
1956, w.e.f. 1-7-1956 and 76 of 1958, w.e.f. 7-10-1958]
Orissa.—(a) After the Preamble and before the existing Section 1, insert the
following 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, w.e.f. 1-1-1961]
[Existing Section 1 renumbered as sub-section (1) thereof and after sub-section (1)
as so renumbered, following sub-sections inserted by the Orissa Act 9 of 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 functions
of the Registrar of Societies as the State Government may authorise in that behalf.”
(b) Original Section 1 renumbered as Section 1-A 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, 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, 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, Central Act 31 of 1966]
(ii) The Punjab Act has been applied to the Union Territories of Delhi and Himachal
Pradesh (now a State). [vide G.S.R. 83 and 84, dated 16-1-1960]
Tamil Nadu.—In Section 1,—
(a) for the words “the Registrar of Joint-Stock Companies”, substitute “the
Inspector-General of Registration (hereinafter in this Act referred to as the
Inspector-General)”;
(b) Insert the Explanation as follows—
“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
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by not less than three of the members of the governing body, shall be filed
with the memorandum of association.
STATE AMENDMENTS
Gujarat.—(a) Renumber existing Section 2 as sub-section (1) thereof and after 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;”
(b) Insert sub-sections (2) and (3) after sub-section (1)—
“(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 insofar 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, w.e.f. 1-4-1978]
4
[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 fee as 5 [the State Government] may, from time to time, direct; and all
fees so paid shall be accounted for to 6 [the State Government].
STATE AMENDMENTS
Andhra Pradesh.—In Section 3, for the words “the Registrar” wherever they occur,
substitute “the Inspector-General”. [Vide President's Act 10 of 1954, 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, w.r.e.f. 21-12-
1955]
Goa, Daman and Diu.—In Section 3,—
(a) for the words “the Registrar shall certify”, substitute the words “the Inspector-
General shall subject to the provisions of Section 3-A, certify”;
(b) for the words “the Registrar for”, substitute the words “the Inspector-General
for”. [Vide Goa Act 6 of 1979, w.e.f. 16-8-1979]
Gujarat.—(a) In Section 3, insert the following proviso:
“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 Act, 1939, is in force, if the objects are similar to the
objects of a Vidya Mandir established under Part I of that Act.”
(b) In Section 3, for the words “the Registrar shall certify”, substitute “the Registrar
shall, subject to the provisions of Section 3-A, certify”. [Vide Gujarat Act 17 of 1978,
w.e.f. 1-4-1978]
Himachal Pradesh.—In Section 3, insert 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, w.e.f. 26-11-1965; Act 23 of 1973, w.e.f. 4-12-1973]
Maharashtra.—(a) In Section 3, insert the following proviso—
“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
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Provinces and Berar Vidya Mandir Act, 1939, is in force, if the objects are similar to
the objects of a 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.”
(b) In Section 3, after the words, “the Registrar shall”, insert “subject to the
provisions of Section 3-A”. [Vide Maharashtra Act 11 of 1968, w.e.f. 1-10-1968]
Orissa.—In Section 3, for the word “Registrar”, substitute “Registrar of Societies”.
[Vide Orissa Act 21 of 1958, w.e.f. 1-1-1961]
Punjab, Haryana, Chandigarh.—In its application to the State of Punjab, in
Section 3, insert the following proviso—
“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, w.e.f. 12-11-1948; Central Act 31 of
1966]
Tamil Nadu.—In its application to the State of Madras, in Section 3, substitute “the
Inspector General” for the words “the Registrer”. [Vide T.N. Act 24 of 1954, w.e.f. 1-9-
1954]
Uttar Pradesh.—Substitute the existing section, as under—
“(1) Upon such memorandum and certified copy being filed along with particulars
of the address of the Society's office which shall be its 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
rupees or such smaller fee as the State Government may notify in respect of any
class of societies:
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.
(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 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 in exceptional circumstances, for reasons
to be recorded permit any society to use the word 'Union' or the word 'Gandhi' in its
name, and thereupon, the use of that word in the name of the society shall not be a
ground for refusal to register or to renew the certificate of registration of such
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society.” [Vide U.P. Act 52 of 1975 as amended by U.P. Act 13 of 1978, U.P. Act 26 of
1979, U.P. Act 23 of 1994 and U.P. Act 8 of 2000]
SECTION 3-A
Assam.—Insert Section 3-A as under—
“3-A. 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 suggests or is calculated to suggests 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, w.e.f. 18-8-1967]
Goa, Daman and Diu.—Insert Section 3-A as under:
“3-A. 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 3-A unless the party against
whom such order is proposed to be passed is heard on the matter.” [Vide Goa Act 6
of 1979, w.e.f. 18-10-1979]
Gujarat.—Insert Section 3-A, as under—
“3-A. 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, w.e.f. 1-4-1978]
Maharashtra.—Insert Section 3-A as under—
“3-A. 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 of any rules made in this behalf, be deemed to be undesirable by the
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(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 as amended
by U.P. Act 26 of 1979, U.P. Act 11 of 1984 and U.P. Act 8 of 2000]
SECTION 3-B
Insert Section 3-B as under—
“3-B. 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 3-A, the matter shall be
referred to the State Government and the decision of the State Government thereon
shall be final.” [Vide U.P. Act 26 of 1979, w.e.f. 16-7-1979]
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
SECTION 4
Andhra Pradesh.—For the words “the Registrar of Joint-Stock Companies”,
substitute “the Inspector-General of Registration”. [Vide President's Act 10 of 1954,
w.e.f. 1-10-1954]
Assam, Manipur, Tripura.—In its application to the State of Assam, for the words
“Registrar of Joint-Stock Companies”, substitute “Registrar of Societies”. [Vide Assam
Act 7 of 1957, w.e.f. 17-7-1957 and G.S.R. 85 and 86 of 1960]
Bihar.—For the words “Registrar of Joint-Stock Companies”, substitute “Inspector-
General of Registration”. [Vide Bihar Act 19 of 1956, w.r.e.f. 21-12-1955]
Goa, Daman and Diu.—For the words “Registrar of Joint-Stock Companies”,
substitute “the Inspector-General”. [Vide Goa Act 6 of 1979, w.e.f. 18-10-1979]
Maharashtra.—In its application to the whole of the State of Bombay, omit the
words “of Joint-Stock Companies”. [Vide Bombay Act 11 of 1956, w.e.f. 1-7-1956 and
Act 76 of 1958, w.e.f. 7-10-1958]
Orissa.—For the words “Registrar of Joint-Stock Companies”, substitute “Registrar
of Societies”. [Vide Orissa Act 21 of 1958, w.e.f. 1-1-1961]
Punjab, Haryana, Chandigarh, Delhi, Himachal Pradesh.—In its application to
the State of Punjab—
(a) Insert 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, w.e.f. 8-2-
1949; Central Act 31 of 1966]
(b) Omit the words “of Joint-Stock Companies”. [Vide Punjab Act 31 of 1957,
Chandigarh Act 31 of 1966 and G.S.R. 83 and 84 of 1960]
Tamil Nadu.—For the words “the Registrar of Joint-Stock Companies”, substitute
“the Inspector-General of Registration”. [Vide T.N. Act 24 of 1954, w.e.f. 1-9-1954]
Uttar Pradesh.—For the words “Registrar of Joint-Stock Companies”, substitute
“Registrar”. [Vide U.P. Act 25 of 1958, w.e.f. 25-8-1958]
(a) Renumber existing Section 4 as sub-section (1) thereof, and after sub-section
(1) as so 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,
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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 preceding year of account.” [Vide U.P. Act 52 of 1975, w.e.f. 10-10-1975]
(b) Insert the following proviso in sub-section (1), as so renumbered—
“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 countersign the list, the Registrar may at 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, w.e.f. 30-4-1984]
SECTION 4-A
Assam.—In its application to the State of Assam, insert Section 4-A as under—
“4-A. 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 every 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, w.e.f. 15-10-1952, Act 7 of 1957, w.e.f. 17-7-1957]
Insert Section 4-B as under:
“4-B. 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 5-A.
(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, w.e.f. 18-8-1967]
Bihar.—Insertion of Section 4-A is the same as that of Assam—
In Section 4-A of the Act,—
(i) for the words “Registrar of Societies”, wherever they occur, substitute the word
“Inspector-General of Registration”;
(ii) for the words “showing changes” substitute “showing all changes”;
(iii) in sub-section (2), for the words “than three members”, substitute “than three
of the members”. [Vide Bihar Act 4 of 1951, w.e.f. 7-3-1951; Act 19 of 1956,
w.r.e.f. 21-12-1955]
Goa, Daman and Diu.—Insert Section 4-A as under—
“4-A. 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 persons 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
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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 particular to be identified as referring to a particular society.
(5) Except for the purposes of a prosecution under Section 11-A 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, w.e.f. 18-10-1979]
Gujarat.—Insert Section 4-A as under—
“4-A. 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
corrected up-to-date and certified to be corrected copy by not less than three of the
members 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, w.e.f. 1-5-1966]
Insert Section 4-B after Section 4-A as under:
“4-B. Power of Registrar to call for information or returns from governing body of
society and provisions relating thereto—(1) The Registrar may serve, or cause to 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 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 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 for an offence under Section 11-A 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
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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, w.e.f.
10-10-1975]
(2) Insert Section 4-B as under—
“4-B. (1) At the time of registration/renewal of a society, list of members of
General Body of that society shall be filed with the Registrar mentioning the name,
father's name, address and occupation of the members. The Registrar shall examine
the correctness of the list of members of the General Body of such society on the
basis of the register of members of the General Body and minutes book thereof, cash
book, receipt book of membership fee and bank pass book of the society.
(2) If there is any change in the list of members of the General Body of the
Society referred to in sub-section (1), on account of induction, removal, resignation
or death of any member, a modified list of members of General Body, shall be filed
with the Registrar, within one month from the date of change.
(3) The list of members of the General Body to be filed with the Registrar under
this section shall be signed by two office bearers and two executive members of the
society.” [Vide U.P. Act 23 of 2013, dated 9-10-2013.]
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 by their proper title.
STATE AMENDMENTS
SECTION 5
Bihar.—For the words “civil and criminal”, substitute “civil, criminal and revenue”.
[Vide Bihar Act 2 of 1960, w.e.f. 8-2-1960]
SECTION 5-A
Assam.—Insert Section 5-A as under—
“5-A. 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, w.e.f. 18-8-1967]
Uttar Pradesh.—(1) Insert Section 5-A as under—
“5-A. 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
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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, w.e.f. 16-7-1979]
(2) Section 5-A shall be omitted. [Vide U.P. Act 13 of 2009 (w.r.e.f. 11-12-2008).]
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
SECTION 8
Bihar.—Insert the words “or decree” after the word “judgment” wherever it occurs.
[Vide Bihar Act 20 of 1960, w.e.f. 3-2-1960]
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 any property of the society, may be
sued for such arrear or for the damage accruing from such detention, injury, or
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SECTION 12
Delhi.—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, w.e.f. 30-10-1954]
Goa, Daman and Diu.—After the words “either wholly or partially with any other
society,” insert “or to change the name of the society”. [Vide Goa Act 6 of 1979, w.e.f.
18-10-1979]
Gujarat.—In its application to the State of Gujarat after the words “other society”,
insert “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, w.e.f. 5-12
-1948; Bombay Act 76/1958, w.e.f. 7-10-1958]
Himachal Pradesh.—After the words “other society” insert “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, w.e.f. 4-12-1973]
Maharashtra.—In its application to the State of Bombay, after the words “other
society”, insert “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, w.e.f. 5
-12-1948 and Bombay Act 76 of 1958, w.e.f. 7-10-1958]
Orissa.—(a) in first paragraph, after the words “any other society”, insert “or
whenever the governing body of any such society decides to change the name of the
society”;
(b) 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, w.e.f. 15-4-1969]
Punjab, Haryana, Chandigarh.—In its application to the State of Punjab, after the
words “other society”, insert “or whenever the governing body of any society
registered under this Act decides to change the name of the society”. [Vide E.P. Act 6
of 1949, w.e.f. 8-4-1949; Central Act 31 of 1966]
West Bengal.—In its application to the State of West Bengal, after the words
“other society”, insert “or whenever the governing body of any society registered
under this Act decides to change the name of the society”. [Vide West Bengal Act 16
of 1950, w.e.f. 31-3-1950]
Assam.—Insert following sections as under—
“12-A. 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 12-B, change its name.
12-B. 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 change of name shall have effect from the date of
such registration.
12-C. 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
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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]
Bihar.—Insert Sections 12-A and 12-B as under—
“12-A. 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 12-
B, change its name.
12-B. 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, w.e.f. 21-7-1948]
Delhi.—After Section 12, insert following sections—
“12-A. 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 the either society, 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 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.
12-B. 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.
12-C. 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 12-A, register the change of such name
and issue a certificate to the society under sub-section (2) of the said Section 12-A.
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
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fact that the society had not followed the procedure prescribed in Sections 12 and 12
-A.” [Vide Delhi Act 9 of 1954, w.e.f. 30-10-1954]
Goa, Daman and Diu.—After existing Section 12, insert the following sections—
“12-A. 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 3-A, 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 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 3
-A), 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.
12-B. Effect of change of name.—The change of name of a 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.
12-C. 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 shall keep regular accounts.
(2) Such accounts shall be kept in such form 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.
12-D. Auditor's duty to report irregularity.—(1) It shall be the duty of every
auditor, auditing the accounts of a society under Section 12-C 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 cases 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, w.e.f. 18-
10-1979]
Gujarat.—In its application to the State of Gujarat all the amendments are same as
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that of Maharashtra except sub-section (4) of Section 12-A, Sections 12-D and 12-E
[Vide Bombay Act 76 of 1958 and Act 11 of 1960]
In Section 12-A(1), for the portion beginning with the words “if the proposed
name” and ending with the words “or the members of either society”, substitute “If
the proposed change in name is in the opinion of the Registrar undesirable for any of
the reasons mentioned in Section 3-A”.
After sub-section (3), insert the following sub-section—
“(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 3
-A, 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, w.e.f. 1-4-1978]
Insert following sections after Section 12-C:
“12-D. 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.
12-E. 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 12
-D 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, w.e.f. 1-4-1978]
Himachal Pradesh.—In its application to the State of Himachal Pradesh,
amendments are same as that of Maharashtra. [Vide H.P. Act 23 of 1973, w.e.f. 4-12-
1973]
Maharashtra.—In its application to the whole of the State of Bombay, insert the
following sections after existing Section 12—
“12-A. 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 3-A, 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
provisions of this Act in respect of change of name have been complied with, register
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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 3
-A), 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.
12-B. 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.
12-C. 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 12-A, register the
change of such name and issue a certificate to the society under sub-section (2) of
the said Section 12-A. 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 12-A.” [Vide Bombay Act 53 of 1948, w.e.f. 5-11-1948; Act 76 of
1958, w.e.f. 7-10-1958]
“12-D. 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 other persons as may be authorised in
this behalf by the State Government.
12-E. 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 12
-D 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 was caused in consequence of
breach of trust or misapplication or any other misconduct on the part of the
governing body or any other person.” [Vide Maharshtra Act 11 of 1968, w.e.f. 1-11-
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1968]
Orissa.—In its application to the State of Orissa, amendments are same as that of
Maharashtra except the following—
(a) in Section 12-A(1), for the words “If the proposed change in the name is in his
opinion undesirable for any reasons mentioned in Section 3-A”, substitute “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 the name
of such other society as is likely to deceive the public or members of either
society”;
(b) omit sub-section (4);
(c) in Section 12-C, for the words, letters and figures “Bombay Act LIII of 1948”
substitute “Orissa Amendment Act, 1969” and for the words “Societies
Registration (Bombay Amendment) Act, 1948” substitute “Societies Registration
(Orissa Amendment) Act, 1969”; and
(d) in Section 12-B, for the words “by its new name” substitute “by the new name”.
[Vide Orissa Act 8 of 1969, w.e.f. 15-4-1969]
Pondicherry.—Insert following sections after existing Section 12—
“12-A. 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 12-
B, by a resolution or otherwise, change its name.
12-B. 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, 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 18-A, 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.
12-C. 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, w.e.f. 1-1-1970]
Punjab, Haryana, Chandigarh.—In its application to the State of Punjab new
Sections 12-A and 12-B are the same as Sections 12-A and 12-B of Maharashtra.
[Vide E.P. Act 6 of 1949, w.e.f. 8-4-1949; Central Act 31 of 1966]
Uttar Pradesh.—After Section 12, insert the following sections—
“12-A. 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 and with the
previous approval of the registrar in writing change its name by resolution passed at
a general meeting convened for the purpose.
12-B. Notice of change of name or objects.—Notice in writing of every change of
objects made under Section 12 or of name made under Section 12-A signed by the
secretary and any three other members of the society shall be 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
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12-C register the change of name which shall have effect from the date of such
registration.
12-C. 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 it new name.
12-D. 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;
(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.
(2) An appeal against an order made under sub-section (1) may be preferred to
the Commissioner of the Division in whose jurisdiction the Head-quarter 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 as amended by U.P.
Act 26 of 1979 and U.P. Act 11 of 1984]
West Bengal.—In its application to the State of West Bengal, Sections 12-A and
12-B are same as that of Maharashtra. After Section 12-B, insert Section 12-C as
under—
“12-C. 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 12-A, register the change of such name and issue a
certificate to the society under sub-section (2) of the said Section 12-A. 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 12-A.” [Vide
West Bengal Act 16 of 1950, 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:
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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:
Provided that 7 [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 8 [without the consent of the Government of the State of registration].
STATE AMENDMENTS
SECTION 13
Assam.—In Section 13—
(a) after the words “as the governing body”, insert “or special committee formed to
replace the governing body in respect of all matters affecting the winding up of
the affairs of the society”;
(b) after the words “the said governing body”, insert “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”;
(c) at the end of Section 13, insert the proviso as under—
“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, w.e.f. 20-10-1948]
Uttar Pradesh.—For the words “chief building of the society”, substitute
“registered office of the society”. [Vide U.P. Act 52 of 1975, w.e.f. 10-10-1975]
After Section 13, insert following sections—
“13-A. 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 13-B 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.
13-B. Dissolution by court.—(1) On the application of the Registrar under Section
13-A 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 12-D 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) of Section 12-D, the
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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,
w.e.f. 10-10-1975]
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 shall have been founded or established by
the contributions of shareholders in the nature of a Joint-stock Company.
STATE AMENDMENTS
SECTION 14
Assam.—After the words “some other society”, insert “whether registered under
this Act or not”. [Vide Assam Act 15 of 1948, w.e.f. 20-10-1948]
Gujarat.—Amend Section 14 as under:
“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 Gujarat A.L.O. 1961 and Act
11 of 1960]
Maharashtra.—Amend Section 14 as under—
“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, w.e.f.
29-5-1912]
Bihar.—After Section 14, insert the following section—
“14-A. 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, w.e.f. 8-2-1960]
Goa, Daman and Diu.—After Section 14, insert the following section—
“14-A Disposal of property of a dissolved society.—Notwithstanding anything
contained in Section 14, it shall be lawful for the members of any society dissolved
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thenceforth.
STATE AMENDMENTS
SECTION 17
Bihar.—Substitute existing Section 17 as under—
“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, w.e.f. 8-2-1960]
Goa, Daman and Diu.—In Section 17—
(a) for the words and figures “Act 43 of 1850”, wherever they occur substitute “the
Registration of Societies Order”;
(b) for the words “passing of this Act” substitute “commencement of this Act in this
Union Territory”. [Vide Goa Act 6 of 1979, w.e.f. 18-10-1979]
Gujarat.—Same amendments as that of Maharashtra. [Vide Gujarat A.L.O. 1961
and Act 11 of 1960]
Maharashtra.—In Section 17, for the words and figures “passing of this Act but not
registered under the said Act XLII of 1850”, substitute “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 76 of 1956, 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 12 [* * *] 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
SECTION 18
Andhra Pradesh.—In Section 18, for the words “the Registrar of Joint-Stock
Companies”, substitute “the Inspector-General”. [Vide A.P. Act 6 of 1956, w.r.e.f. 1-10
-1954]
Assam, Manipur, Tripura.—In Section 18, for the words “Registrar of Joint-Stock
Companies”, substitute “Registrar of Societies”. [Vide Assam Act 7 of 1957, w.e.f. 17-
7-1957 and G.S.R. 85 and 86 of 1960]
Bihar.—In Section 18, for the words “Registrar of Joint-Stock Companies”,
substitute “Inspector-General of Registration”. [Vide Bihar Act 19 of 1956, w.r.e.f. 21-
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12-1955]
Goa, Daman and Diu.—In Section 18, for the words “the Registrar of Joint-Stock
Companies”, Insert “the Inspector-General”. [Vide Goa Act 6 of 1979, w.e.f. 18-10-
1979]
Gujarat.—In its application to the State of Gujarat, in Section 18, omit the words
“of Joint-Stock Companies” [Vide Gujarat A.L.O. 1961, and Act 11 of 1960]
Himachal Pradesh.—In its application to the State of Himachal Pradesh, in Section
18, omit the words “of Joint-Stock Companies”. [Vide H.P. Act 23 of 1973, 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, w.e.f. 7-10-1958]
Orissa.—In Section 18, for the words “Registrar of Joint-Stock Companies”,
substitute “Registrar of Societies”. [Vide Orissa Act 21 of 1958, w.e.f. 1-1-1961]
Pondicherry.—(a) In Section 18, for the words “Registrar of Joint-Stock
Companies”, substitute “Registrar of Companies”. [Vide Pondicherry Act 9 of 1969,
w.e.f. 1-1-1970]
(b) After Section 18, insert the following section—
“18-A. 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 12-A; 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 names suitably within a period of six months from the commencement
of this Act.” [Vide Pondicherry Act 9 of 1969, 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, and G.S.R. 83 and 84 of 1960]
Tamil Nadu.—In Section 18, for the words “the Registrar of Joint-Stock
Companies”, substitute “the inspector General”. [Vide T.N. Act 24 of 1954, w.ef. 1-1-
1954]
Uttar Pradesh.—In Section 18, for the words “Registrar of Joint-Stock Companies”,
substitute “Registrar”. [Vide U.P. Act 25 of 1958, w.e.f. 25-8-1958]
19. Inspection of documents. Certified copes.—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
SECTION 19
Andhra Pradesh.—For the words “the Registrar”, substitute “the Inspector-
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Uttar Pradesh.—(a) for the words “on payment of a fee of one rupee for each
inspection”, substitute “on payment of such fee as the State Government may, by
notification in the Official Gazette, fix”; and
(b) 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, 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, 13 [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
SECTION 20
Bihar.—After the words, “science, literature”, insert “industry, agriculture”. [Vide
Bihar Act 2 of 1960, w.e.f. 8-2-1960]
Delhi.—For the words “promotion of science, literature, or the fine arts”, substitute
“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,
w.e.f. 22-6-1983]
Haryana.—For the words, “instruments, or designs”, substitute “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, w.e.f. 5-8-1974]
Himachal Pradesh.—After the words “established for the promotion of” and before
the word “science”, insert the words “Khadi and Village Industry, Rural Development”.
[Vide H.P. Act 7 of 1992, w.e.f. 10-4-1992]
Maharashtra.—In its application to the whole of the State of Bombay, renumber
Section 20 as sub-section (1) of that section and after sub-section (1) as so
renumbered insert sub-section (2) as under—
“(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, w.e.f. 7-10-1958]
Pondicherry.—After the words “instruments or designs”, insert “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”. [Vide Pondicherry Act 9 of 1969,
w.e.f. 1-1-1970]
Uttar Pradesh.—After the words “established for the promotion of” and before the
word “science”, insert “Khadi and Village Industry, Panchayat Industry, Rural
Development”. [Vide U.P. Act 11 of 1984, w.e.f. 30-4-1984]
SECTIONS 21 TO 33
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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 4-A, 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, w.e.f. 15-10-1952, Act 7
of 1957, w.e.f. 17-7-1957; G.S.R. 83 and 84 of 1960]
Bihar.—After Section 20, insert the following sections—
“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 4-A, 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, w.e.f. 7-3-1951; Act
19 of 1956, w.r.e.f. 12-12-1955]
Insert following sections as under—
“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 considers 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,
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(ii) In its application to the State of Gujarat, insert following sections after Section
21:
“22. 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 4-A, he
shall, on conviction, be punishable with fine which may extend to two thousand
rupees.
23. 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 Gujarat Act 14 of 1965 w.e.f. 1-5-1966]
In Section 23, in sub-section (2), after the words “punishable under this Act”,
insert “other than an offence punishable under Section 11-B”.
After Section 23, insert the following 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 rescission 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, w.e.f. 4-4-1979]
Himachal Pradesh.—After Section 20, insert Section 21, as under—
“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, w.e.f. 4-12-1973]
Maharashtra.—(a) After Section 20, insert following sections—
“20-A. 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.
20-B. 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.
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(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.” [Note: Existing Sections 21 and 22 renumbered as Sections 20-A and 20-B
by Maharashtra Act 11 of 1976]
(b) After Section 20-B, as so renumbered, insert the following 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]
(c) After Section 21, insert the following section—
“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) 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 Maharashtra Act 1 of
1968, w.e.f. 1-10-1968]
Pondicherry.—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 Mamorandum of Association (or in filing with him the returns
required by Sections 4 and 4-A), 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:
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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
or copy of rules or of alterations in rules sent to the Registrar of Companies under
Section 4-A, 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) and other matter which is to be or may be prescribed.
(3) All rules made under this Act shall, as soon as may be after they 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, w.e.f. 1-1-1970]
Punjab, Haryana, Chandigarh.—After Section 20, insert the following section—
“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, w.e.f. 8
-4-1949; Punjab Act 25 of 1964, w.e.f. 2-10-1964 and Central Act 31 of 1966]
Uttar Pradesh.—(a) Substitute Section 21 as under—
‘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, or 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, w.e.f. 16-7-1979]
(b) After Section 21, insert following sections—
‘22. Power of Registrar to call for information.—(1) The Registrar may, by written
order, require 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
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duty of the President, Secretary or any other person authorised in this behalf to
furnish such information or documents.
23. Audit.—(1) 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 statement 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 with 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
employee, when called upon, to appear before him for such examination.
(3-A) The Registrar or other person appointed under sub-section (1) may, if in his
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 or to take extracts therefrom 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 such time 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 12-D or Section 13-B, as the case may be.
25. Disputes 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
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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 than 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 as
amended by U.P. Act 13 of 1978 and U.P. Act 11 of 1984]
———
1. Short title given by the Indian Short Titles Act, 1897 (14 of 1897).
The Act (with the exception of the first four sections) is based on the Literary and Scientific Institutions
Act, 1854 (17 and 18 Vict., c. 112), sub-section 20 et seq.
It has been declared to be in force in the whole of India, except the Scheduled Districts, by Section 3 of
the Laws Local Extent Act, 1874 (15 of 1874).
It has been extended to the New Provinces and Merged States by Act 59 of 1949.
It has been declared, by notification under Section 3(a) of the Scheduled Districts Act, 1874 (14 of
1874), to be in force in the following Scheduled Districts, namely:—
Assam (except the North Lushai Hills).. .. .. Ditto.. .. .. 1897, Pt. I, p. 299.
..
It has been extended, by notification under Section 5 of the last-mentioned Act, to the following
Scheduled Districts, namely:—
It has been declared, by notification under Section 3(b) of the same Act, not to be in force in the
Scheduled District of Lahaul. See Gazette of India, 1886, Pt. I, p. 301.
This section was amended in its application to Berar by Section 14 of the Central Provinces and Berar Vidya
4.
5.The words “the Governor-General of India in Council” have been successively adapted by the A. O. 1937 and
the A. O. 1950 to read as above.
6. The word “Govt.” has been successively adapted by the A. O. 1937 and the A. O. 1950 to read as above.
7. Subs. by the A. O. 1937 for “whenever the Government”.
The words and figures “under Act 19 of 1857,” rep. by Act 16 of 1874, S. 1 and Sch., Pt. I. See now the
12.
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