KARNATAKA SOCIETIES REGISTRATION RULES,
1961
PREAMBLE
In
exercise of the powers conferred by Section 30 of the Karnataka Societies
Registration Act 1960 (Karnataka Act 17 of 1960), the Government of Karnataka
hereby makes the following rules, namely.
Rule - 1. Title.
These
rules may be called the Karnataka Societies Registration Rules, 1961.
Rule - 2. Definitions.
(a)
"Act" means the Karnataka
Societies Registration Act 1960;
(b)
"Memorandum" means the
memorandum of association specified in Section 6;
(c)
"Section" means a section of
the Act; and
(d)
Other words and expressions used in
the rules shall have the meanings assigned to them in the Act.
Rule - 3. Procedure for Registration.
(1)
The form of application for the
registration of a society shall be as in-Schedule A, The memorandum of
association and the rules and regulations of the society shall contain the
particulars specified in sub-sections (1) and (2) of Section 6, and also comply
with the requirements of sub-section (3) of Section 6. The memorandum shall
also mention the name and address of one of the subscribers to the memorandum
authorised by the society to whom any communication may be sent by the
Registrar.
(2)
The Registrar may, for the purpose of
satisfying himself of the matters specified in Sections 4 and 6, call for such
further particulars or make such enquiry as he deems necessary. He may permit
the subscribers, if so desired by them in writing, to make such alterations or
additions to the proposed memorandum, rules and regulations submitted in order
to make them [conform]
to the provisions of the Act and rules thereunder.
(3)
A copy of the [relevant
extracts from the record] of the proceedings of the general meeting at which
the registration was resolved should also accompany the memorandum.
(4)
If the Registrar refuses to register a
society, he shall communicate the order of refusal by registered post to the
subscriber mentioned in the memorandum under sub-rule (1).
(5)
The Registrar after satisfying himself
of the conditions and provisions of the Act, shall issue a certificate as
prescribed in Schedule 'B' as appended to these rules, for having registered
the society.
Rule - 4. The mode of payment of fees.
The
payment of fees under Sections 8, 9, 10, 13 and 24 shall be by production of
the original challan for the prescribed, fee having been paid into the Reserve
Bank of India, Bangalore, or its Agency Banks in the State or other non-banking
treasuries duly certified by the Treasury Officer,
Rule - 5. Accounts and other books to be maintained by societies.
A
society shall keep such account books and registers in connection with the
business of the society, as the Registrar may, from time to time, require.
Rule - 6. Power of Registrar to direct accounts and books to be written up.
The
Registrar may, by order in writing, direct any society to get any or all the
accounts and books required to be kept by it under Rule 5 written up to such
date, in such form and within such time as he may direct.
Rule - 7. Statements and returns to be furnished by the society.
(1)
Every society shall prepare for each
calendar year in such form as may be specified by the Registrar.
(a)
a list of names, addresses and
occupations of the members of the governing body;
(b)
a copy of the balance sheet and income
and expenditure account duly audited.
(2)
Every society shall, in addition to
the annual statements specified in sub-rule (1), also submit to the Registrar
any other statement or return in such form, within such time, and for such
period as the Registrar may specify.
(3)
In the case of failure by any society
to submit any statement or return specified in sub-rules (1) and (2) within the
time specified by him, the Registrar may depute an Officer subordinate to him
or authorise any other person to prepare the necessary [statement
or return]. In such cases, it shall be competent for the Registrar to
determine, with reference to the time involved in the work and the remuneration
payable, to the officer so deputed for the purpose, the charges which the
society concerned should pay to the State Government or the person so
authorised and to direct its recovery from the society.
Rule - 8. Enquiry by the Registrar.
(1)
[Where the Registrar proposed to hold
an enquiry under Section 25, either on his own motion or on an application, he
or the person authorised by him under the said section to hold an enquiry shall
issue notice to the society concerned in this behalf.
(2)
The said notice shall specify a date
on which, place in which and the time at which, as also the matters in respect
of which the enquiry will be held. The notice shall also call upon the society
to furnish its explanation in respect of matters referred to therein before the
elate specified in the notice.
(3)
The society shall furnish its
explanation to the Registrar or the authorised person before such date.
(4)
On the date fixed for the enquiry, or
on such other date or dates to which the enquiry might be adjourned, the
Registrar or the authorised person shall give the society a oral hearing. He
may also examine such persons as may be considered necessary. He may receive
any relevant document. If the society fails to furnish its explanation as
required under sub-rule (3) or to attend the enquiry on the date fixed or the
adjourned date, the Registrar or the authorised person may proceed with the
enquiry ex parte.
(5)
On the completion of the enquiry, the
Registrar or the authorised person shall record his findings and communicate
the same to the society concerned].
Rule - 9. Rates of fees and fines.
[The rates of fees and fines mentioned
in column (3) of the Table below shall be paid for the purposes specified in
column (2) of the Table:
TABLE
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Sl. No.
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Purpose
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Fees or Fines Rs.
|
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(1)
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(2)
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(3)
|
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1.
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For Registration of Memorandum of Association and rules and regulations
of Society under sub-section (1) of Section 8
|
|
|
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(a) if society is situated within Bangalore Metropolitan Regional
Development Authority limits.
|
1,000.00
|
|
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(b) if society is situated in any other area.
|
500.00
|
|
2.
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For each appeal before Karnataka Appellate Tribunal under sub-section
(3) of Section 8, sub-section (3) of Section 9 and sub-section (3) of Section
10.
|
500.00
|
|
3.
|
For filing of change in Memorandum of Association under sub-section (2)
of Section 9.
|
100.00
|
|
4.
|
For filing of change of name rules and regulations under sub-section
(2) of Section 10.
|
250.00
|
|
5.
|
Filing of the list and balance sheet and Income and Expenditure account
under Section 13
|
-
|
|
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(a) When the amount of Balance Sheet and Income and Expenditure does
not exceed rupees 10 lakhs, for every rupees one lakh or part thereof.
|
100.00
|
|
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(b) When the amount of Balance Sheet and Income and Expenditure exceeds
rupees 10 lakhs for every rupees one lakh or part thereof.
|
1,000.00 subject to a maximum of Rs. 5,000/-
|
|
6.
|
Fines under proviso to Section 13.
|
|
|
|
(a) Where the delay in filing the list and Balance Sheet and Income and
Expenditure Account does not exceed one year.
|
50.00
|
|
|
(b) Where the delay exceeds one year, for every year or part thereof to
the previous year of submission of list and Balance Sheet and Income and
Expenditure Account.
|
100.00
|
|
7.
|
Enquiry fee under Section 25 (Rule 8)
|
500.00
|
|
8.
|
Fine under Section 28
|
1,000.00
|
|
9.
|
For each Inspection of document under Section 24
|
50.00
|
|
10.
|
For issue of certified copy under Section 24 for every hundred words of
copy or extract.
|
10.00]
|
SCHEDULE 'A'
[See Rule 3(1)]
Form of application for Registration of Societies tinder
the Karnataka Societies Registration Act 1960
To
The
Registrar of Societies in Karnataka, Bangalore
Dear
Sir, -
We
desire to form ourselves into a society under the Karnataka Societies
Registration Act, 1960, for the purpose of............ (here mention the
purpose or purposes specified in Section 3). We enclose herewith the memorandum
of association, the rules and regulations of the society and to original
challan for having paid the prescribed fee. We have, in other respects,
complied with the requirements of the Act and the rules made thereunder. We
request that the society may be registered.
Yours
faithfully,
(1)
(2)
(3)
(4)
(5)
(6)
(7)
etc.
Memorandum of Association
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(1) Name of the Society
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(Here enter the requirements of clauses (a), (b), (c) and (d) of
sub-section (1) of Section 6).
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(2)
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(3)
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(4)
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Rules and Regulations of the Society
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(1)
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(Here enter the rules and regulations of the society)
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(2)
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(3)
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(4)
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Subscribers to the Memorandum of Association
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Name
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Address
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Description
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Age
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Occupation/
if any
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(1)
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(2)
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(3)
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(4)
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(5)
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1.
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2.
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3.
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4.
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5.
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6.
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7.
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etc.
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Signature with date
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Signature of witness with date
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Address of witness
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Description of witness
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Occupation of witness
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(6)
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(7)
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(8)
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(9)
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(10)
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SCHEDULE 'B'
[See Rule 3(5)]
Certificate of Registration
I
hereby certify that.......... . .is this day registered under the Karnataka
Societies Registration Act, 1960 (Karnataka Act 17 of 1960).
Fee
paid Rupees........Given under my hand at........the...........day
of..........One thousand nine hundred and .................
Registrar
of Societies [x
x x x x]