(M.P. Act
No. 44 of 1973) [29th September, 1973] Received the assent of the
Governor on the 29-9-1973; assent first published in the Madhya Pradesh Gazette
(Extra-ordinary), dated 11-10-1973. An Act to consolidate and
amend the law relating to the registration of literary, scientific,
educational, religious, charitable or other societies in Madhya Pradesh. Be it enacted by the Madhya
Pradesh legislature in the Twenty-fourth Year of the Republic of India as
follows :- CHAPTER I Preliminary (1)
This Act may be called the Madhya Pradesh
Society Registrikaran Adhiniyam, 1973. (2)
It extends to the whole of Madhya Pradesh. (3)
It shall [1][come
into force on such date] as the State Government may, by notification,
appoint in this behalf. This Act applies to societies formed
for all or any of the following purposes :- (i) ???promotion of science, education, literature or
fine arts; (ii)? ?diffusion of useful knowledge; (iii)? ?diffusion of political education; (iv)
??foundation or maintenance of libraries
or reading rooms for general use among the members or open to the public; (v) ??establishment and maintenance of galleries of
Paintings and other works of art; (vi)
??establishment and maintenance of public
museums; (vii)
?collection of natural history,
mechanical and philosophical inventions, instruments or designs; (viii)
promotion of social welfare; (ix)
??promotion of religious or charitable
purpose including establishment of funds for welfare of military orphans,
welfare of political sufferers and welfare of the like; (x) ??promotion of gymnastics. [2][(xi)
promotion and implementation of the different schemes sponsored by the State
Government or the Central Government: (xii)
promotion of Commerce, Industries and Khadi.] In this Act, unless the context
otherwise requires,- (a)
"Governing
body of a society" means the Governors, Council, Directors,
Committee, Trustees or other body, by whatever name called, to whom by the
regulations of the society management of its affairs is entrusted; (b)
"member of a
society" means a person who have been admitted in the
society according to the regulations thereof, continues for the time being, to
be a member of the society :- (i) ???having paid subscription; (ii)
??having signed the roll or list of
members; and (iii)
??having not resigned, in accordance with
the regulations of the society. (c)
"Registrar" means
the Registrar of societies appointed under sub-section (1) of Section 4 and
includes an Additional, Joint, Deputy and Assistant Registrars of Societies,
appointed under sub-section (2) of the said section when exercising or
performing all or any of the powers or duties of the Registrar; (d)
"Regulations of a
society" means registered regulations of the society for the time
being in force; (e)
"Society" means a society
registered or deemed to have been registered under this Act; [3][(f) "State Aided Society" means
a society which receives or has received aid, grant or loan or has received
land or building or both on concessional rates and other facilities from the
Central Government or State Government or any Statutory Body.] A
society registered or deemed to be registered under the Act repealed under
Section 44 shall be deemed to have been registered under this Act.] CHAPTER II Registrar of
Societies and Other Officers (1)
The State Government may, by notification,
appoint a person to be called the Registrar of Societies who shall exercise
such powers and shall perform such duties and functions as arc conferred by or
under the provisions of this Act and shall, subject to such general or special
orders as the State Government may make, superintend the administration and
carry out the provisions of this Act throughout the State. (2)
The State Government may also by like
notification appoint persons to be called Additional, Joint, Deputy and
Assistant Registrar of Societies for such areas as may be specified in the
notification and empower them to exercise powers and to perform duties under
all or any of the provisions of this Act as may be specified in the notification. CHAPTER III Registration Any seven or more persons
associated, for any literary, scientific, educational, religious or charitable
purpose, or for any such purpose as is described in Section 2 may, by
subscribing their names to
a memorandum of association and filing the same with the Registrar, form
themselves into a society under this Act. (1)
The memorandum of association of every
society shall state- (a)
the name of the society; (b)
the objects of the society; (c)
the location of the head office of the
society; (d)
the names, addresses and occupations of the
Governors, Council, Directors, Committee or other governing body to whom by the
regulations of the society the management of its affairs is entrusted. (2)
No name shall be proposed in the memorandum
of association- (a)
as is identical with or too nearly resembles
the name by which a society in existence has been previously registered
anywhere in the State; or (b)
where has as its component- (i) ???such words as may suggest or may calculated
to suggest the patronage of the Government of India or the Government of a
State; or (ii)? ?such
words of National, International or Universal importance or such other words as
the State Government may, from time to time, by notification, specify; or (iii)
??such words as is, in the opinion of
Registrar likely to mislead the public. (3)
A copy of the regulations of the society,
certified to be a correct copy by not less than three of the members of the
governing body shall be filed with the memorandum of association. (4)
The persons by whom or on whose behalf such
memorandum is submitted shall furnish such further information in regard to the
society as the Registrar may require. If the Registrar is
satisfied that a society has complied with the provisions of this Act and the rules made thereunder and
that its proposed regulations are not contrary to the said provisions, he shall
register the society and its regulations on payment of such fee as may be
prescribed and shall issue a certificate of registration. A certificate of
registration signed by the Registrar shall be conclusive evidence that the
society therein mentioned is duly registered unless it is proved that the
registration of the society has been cancelled. The regulations of
a society may provide for - (i) ???the conditions of admission of members; (ii)? ?the
liability of members to fines and forfeitures under certain circumstances; (iii)
??the consequences of non-payment of any
subscription or fine, the resignation and expulsion of members; (iv)
??the appointment and removal of trustees
and their powers; (v) ??the manner of appointing and removing the
governing body and the powers of such body; (vi)? ?the
time and place of annual meeting and other meetings of the society; (vii)
the manner in which notice of such meetings may be given; (viii)
the quorum necessary for the transaction of business at meetings of the
society; (ix)
?the manner of making, altering and
rescinding regulations; (x) ??the investment of funds, keeping of accounts
and for an annual or periodical audit of accounts; (xi)
?the manner of dissolving the society; (xii)
the determination after dissolution that property be utilised by Government
according to Section 36; (xiii)
matters to be provided by bye-laws and the manner in which they shall be made;
and (xiv)
such other matters as may be thought expedient having regard to the nature and
objects of the society. (1)
No amendment of the memorandum of association
or regulations of a registered society shall be valid until the amendment has
been registered under this Act. (2)
[5][Every
proposal for such amendment shall be forwarded to the Registrar in such form
together with such fee as may be prescribed] and if the Registrar is
satisfied that the amendment is not contrary to this Act or the rules made
thereunder, he may, if he thinks fit, register the amendment. (3)
Where an amendment is registered under
sub-section (2), the Registrar shall issue to the society on payment of a fee
specified in Section 29 a copy of the amendment certified by him, which shall
be conclusive evidence that the same is duly registered. (1)
Notwithstanding anything contained in this
Act or the rules made thereunder, if the Registrar considers that an amendment
of the memorandum of association or regulation or bye-laws of a society is
necessary or desirable in the interest of the society, he may, by an order in
writing, to be served on the society in the prescribed manner, require the
society to make the amendment within such time as may be specified in such
order. (2)
If the society fails to make any such
amendment within the time specified by the Registrar in his order under
sub-section (1) the Registrar may, after giving the society an opportunity to
state its objections, if any,- (a)
register such amendment to the memorandum of
association or regulations and send a certified copy thereof to the society; or (b)
make such amendment to the bye-laws and send
a certified copy thereof to the society, and thereupon such amendment to
memorandum of association or regulations or bye-laws shall be binding on the
society and its members. Subject to the provisions of
Section 14 any registered society 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,
change its name. (1)
A copy of the resolution passed under Section
12 shall be sent to the Registrar. (2)
If the Registrar is satisfied that the
provisions of this Act in respect of change of name have been complied with and
that the proposed name is in conformity with the provisions of sub-section (2)
of Section 6, he shall enter the new name in the register in place of the
former one and issue a certificate of registration with necessary alterations
embodied therein, and the change of name shall be complete and effective only
on issue of such a certificate. (3)
The Registrar shall also make the necessary
memorandum of association of the society. (4)
The Registrar shall charge a fee of rupees
one for any copy of certificate issued under sub-section (2) and all fees so
paid shall be accounted for to the State Government. The change in the name of
the society shall not affect any rights or obligations of cither the members
who were admitted prior to the change or of the society or render defective any
legal proceeding by or against the society. Whenever it shall appear to
the governing body of any registered society which has been established for any
particular purpose or purposes that it is advisable to alter, extend or abridge
such purpose to or for other
purposes within the meaning of this Act or to amalgamate such society either
wholly or partially with any other society, such governing body may submit the
proposition to the members of the society in a written or printed report and
may convene a special meeting for the consideration thereof according to the
regulations of the society : Provided that no such
proposition shall be carried into effect unless such report shall have been
delivered or sent by post to every member of the society ten days previous to
the special meeting convened by the governing body for the consideration
thereof, and unless such proposition shall have been agreed to by the votes of
three-fifths of the members delivered in person or by proxy and confirmed by
the votes of three-fifth of the members present at a second special meeting
convened by the governing body at an interval of one month after the former
meeting. CHAPTER IV Members, Their
Rights and Privileges (1)
The subscribers of the memorandum of
association shall be the first members of the society. (2)
Every society shall maintain at its head
office a register of its members and shall enter therein, the following
particulars, namely :- [6][(a)
??name, address and signature with date
of each member;] (b) ???the date on which the members are admitted; (c) ???the date on which the members ceased to be
members. (3)
The register of members shall be prima facie evidence of the
membership of the society and of all matters entered therein : Provided that no member
whose subscription for the time being is in arrear for a period exceeding six
months shall be entitled to vote in any proceedings of the society under this
Act. (4)
If entries are not made in the register of
members within thirty days of the admission of a member or cessation of
membership, [7][every
office bearer in default shall be punishable with fine which may extend to live
hundred rupees.] (1)
Any member of a registered society who may be
in arrear of a subscription which according to the regulations 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 regulations 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 destruction of property
in accordance with the provisions of this Act. (2)
If the defendant shall be successful in any
suit or other proceeding brought against him at the instance of the society,
and shall be adjudged to recover his costs, he may elect to proceed to recover
the same from the officer in whose name the suit shall be brought, or from the
society and in the latter case shall have process against the property of the
said society in accordance with the provisions of this Act. Any member of the society,
who shall steal, purloin or embezzle any money or other property, or willfully
and maliciously destroy or injure any property of such society, or shall forge
any deed, bond, security for money receipt or other instrument, whereby the
funds of the society may be
exposed to loss shall be subject to the same prosecution, and, if convicted
shall be liable to be punished in like manner as any person other than a member
would be subject and liable to in respect of the like offence. Whenever by any bye-law duly
made in accordance with the regulations of the society any pecuniary penalty is
imposed for the breach of any regulations or bye-laws 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 situated, as the governing
body thereof shall deem expedient. CHAPTER V Property and Funds
of Societies 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. [8][(1)] No
immovable property shall be acquired or transferred by sale, gift or otherwise
by the society without the prior permission of the Registrar in writing. [9][(2)
?The property acquired or transferred
shall not be utilised for any object other than the object of the society
unless permission from the Registrar has been obtained and in case of gift
written consent of the donor has also been obtained. (3) ??The application for permission under
sub-sections (1) and (2) shall be in such form with such documents together
with such fee as may be prescribed. (4)? ?Where
the society violates the provisions of sub-section (1) or (2), the society
shall he liable to deposit such amount as may be prescribed within three months
from the date of notice issued by the Registrar and if the society fails to deposit
the amount within the aforesaid time, the society shall be treated as defunct
under Section 34.] Every society may sue or be
sued in the name of the President or Chairman or Principal Secretary or the
trustees, as shall be determined by the 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 trustee thereof, if on
application to the governing body some other officer or person be not nominated
to be the defendant. 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. (1)
If a judgement shall be obtained against the
person or officer named on behalf of the society, such judgement shall not be
enforced against the property, movable or immovable, or against the body of
such person or officer, but against the property of the society. (2)
The application for execution shall set forth
the judgement, the fact of the party against whom it shall have been obtained,
having sued or having been sued, as the case may be, on behalf of the society
only, and shall require to have the judgement enforced against the property of
the society. (1)
Every society shall keep at its head office
proper books of accounts with respect to- (a)
all sums of money received and expended by
the society and the matters in respect of which the receipt and expenditure
lake place; and 4 (b)
the assets and liabilities of the society. (2)
The books of accounts shall be open to
inspection by the office-bearers or members of the society or the Registrar
during the office hours of the society. (3)
For the purpose of sub-section (1), proper
books of accounts shall not be deemed to be kept with respect to the matters
specified therein, if they do not give a true and fair view of the state of
affairs of the society and explain its transactions. (1)
Where the Registrar is satisfied that- (a)
the records, register or the books of
accounts of a society are likely to be tampered with or destroyed and the funds
and the property of a society are likely to be misappropriated or misapplied;
or (b)
if the governing body of a society is
reconstituted at a general meeting of the society and outgoing members of the
governing body refuse to hand over charge of the records and property of the
society to those having to or entitled to receive such charge, the Registrar
may issue an order directing a person duly authorised by him in writing to
seize and take possession of such books and records, funds and property of the
society and the officer or officers of the society responsible for the custody
of such books, records, funds and property shall give delivery thereof to the
person so authorised. (2)
In order to secure compliance of the orders
under sub-section (1), the Registrar may take or cause to be taken such steps
and use or cause to be used such minimum force including Police Force as may be
considered necessary. CHAPTER VI Annual Returns,
Audit; Inspection and Supervision Once
in every year, on or before the forty-fifth day succeeding the day on which
according to the regulations of the society the annual general meeting of the
society is held or if the regulations do not provide for an annual general
meeting, then within forth-five days of the 31st day of January a list of the
full names, permanent addresses and chief occupations and others if any, with
signatures of the governing body shall be filed with the Registrar by the
President or Secretary in such form with such documents together with such fee
as may be prescribed : Provided that the Registrar may, for reasons to be
recorded in writing, grant further time not exceeding fifteen days for
compliance; Provided
further that if the Society fails to file the list within the prescribed lime
limit or within the extended time,'it may file the same within thirty days from
the last day of the prescribed time or extended time, as the case may be, with
such late fee as may be prescribed.] - [11][(1)
Every Society shall send to the Registrar a statement of income and expenditure
with lull particulars duly audited by its Auditor, audit report and
balance-sheet of the previous year alongwith details of all financial
activities together with such fees as may be prescribed within ninety days from
the date of annual general meeting of the society or from 30th day of April
every year where the regulation do not provide for an annual general meeting.
If the society fails to send the aforesaid statements within the stipulated
time, the society shall be liable to pay late fee as may be prescribed. On
receipt of such statements, the Registrar shall verify the statements and shall
ensure that the funds have been utilised for the promotion of the society and its
objects and he may also issue such instructions in respect of utilisation of
funds as he may think fit : Provided that accounts of
such society having annual transaction exceeding one lac rupees shall be
submitted to the Registrar duly audited by Chartered Accountant.] (2)?? ?If
the Registrar thinks necessary to undertake a special audit he may audit or
cause to be audited by some person authorised by him by general or special
order in writing in this behalf the accounts of any society. (3) ??Any person authorised by general or special
order in writing in this behalf by the Registrar shall at all times have access
to all the books of accounts and other papers of a society and every officer of
the society shall furnish such information in regard to the accounts and
working of the society as the person making such inspection may require. Any
person may inspect all or any of the documents filed with the Registrar under
this Act or require copy or extract of any such documents to be certified by
the Registrar by filing an application together with such fee as may be
prescribed and such certified copy shall be prima facie evidence of matters therein contained in all
legal proceedings whatsoever.] The Registrar shall have
power to summon and enforce the attendance of witnesses including the parties
interested or any of them and to compel them to give evidence and compel the
production of documents by the same means and as far as possible in the same
manner as is provided in the case of Civil Court by the Code of Civil
Procedure, 1908 (No. 5 of 1908). (1)
Where on perusing any document which a
society is required to submit to him under this Act, the Registrar is of
opinion that any information or explanation is necessary in order that such
document may afford full particulars of the matter to which it purports to
relate he may by written order call on the society submitting the documents to
furnish in writing such information or explanation within such time as he may
specify in the order. (2)
On receipt by the society of the order under
sub-section (1) it shall be the duly of the society and of all persons who are
officers of the society to furnish such information or explanation to the best
of their power. CHAPTER VII Enquiry and
Supersession In
this Chapter "Registrar" shall
mean Education Officer within the meaning of clause (c) of Section 2 of the
Madhya Pradesh Ashaskiya Shikshan Sanslhan (Adhyapakon Tatha Anya Karmachariyon Ke Vetano Ka Sandaya) Adhiniyam,
1978.] (1)
The Registrar may, on his own motion or on an
application made under sub-section (2) either by himself or by a person
authorised by him, by order in writing, hold an enquiry into the constitution,
working and financial conditions of a society. (2)
An enquiry' of the nature referred to in
sub-section (1) shall be held on [14][the
application together with an affidavit in support of its contents] of- (a)
a majority of the members of the governing
body of the society; or (b)
not less than one-third of the total number
of members of the society. (3)
The Registrar or the person authorised by him
under sub-section (1) shall for the purpose of an enquiry under this section
have the following powers, namely :- (a)
he shall at all times have free access to the
books, accounts, documents, securities, cash and other properties belonging to,
or in the custody of, the society and may summon any person in possession, or
responsible for the custody of any such books, accounts, documents, securities,
cash or other properties to produce the same, if they relate to the head office
of the society at any place at the headquarter thereof and if they relate to
any branch of the society, at any place in the town wherein such branch thereof
is located or in his own office; (b)
he may summon any person who he has reason to
believe has knowledge of any of the affairs of the society to appear before him
at any place at the headquarters of the society or any branch thereof or in his
own office and may examine such person on oath; and (c)
(i) he may notwithstanding any regulation or
bye-laws specifying the period of notice for a general meeting of the society,
require the officers of the society to call a general meeting of the society at
such time at the head office of the society or at any other place at the headquarter
of the society and to determine such matters as may be directed by him and
where the officers of the society refuse or fail to call such a meeting, he
shall have power to call it himself; (ii) any meeting called
under sub-clause (i) shall have all the powers of a general meeting called
under the regulations or bye-laws of the society and its proceedings shall be
regulated by such bye-laws. [15][(4)
When an enquiry is made under this section the Registrar shall communicate the
result of the enquiry to the society and may issue appropriate directions to
the society, which shall be binding on all parties concerned.] (1)
If, in the opinion of the State Government,
governing body of any State aided society :- (a)
persistently makes default or is negligent in
the performance of the duties imposed on it by or under this Act, regulations
or bye-laws of the society or by any lawful order passed by the State
Government or Registrar, or is un-willing to perform such duties; or [16][(a-1)
Persistently makes default or is negligent in the performance of the duties
imposed on it by or under this Act, regulation or bye-laws of the society or by
or under any other enactment for the time being in force or by any lawful order
passed by the State Government or Registrar or is unwilling to perform such
duties; or] (b)
commits acts which are prejudicial to the
interest of society or its members; or (c)
is otherwise not functioning properly, the
State Government may, by order in writing, remove the governing body and
appoint a person or persons to manage the affairs of the society for a
specified period not exceeding two years in the first instance : Provided that where it is
proposed to remove the governing body of the society exclusively on the ground
that election to the governing body were not held in accordance with the
provisions of this Act or the regulations or bye-laws made thereunder, no
action shall be taken under this sub-section unless the Registrar or an officer
authorised by him in this behalf has convened a meeting of the general body for
conducting the election thereto in accordance with the provisions of this Act,
or the regulations or bye-laws made thereunder but has failed to gel the new
governing body elected : Provided further that the
Registrar or the Officer authorised by him shall, for the purpose of conducting
election have all the necessary powers under the Act or the regulations or
bye-laws made thereunder. (2)
No order under sub-section (1) shall be made
unless the governing body has been given a reasonable opportunity of showing
cause against the proposed order and representation, if any, made by it, is
considered. (3)
The period specified in the order under
sub-section (1) may, at the discretion of the State Government be extended from
time to time : Provided that no such order
shall remain in force for more than three years in the aggregate. (4)
The person or persons so appointed shall,
subject to the control of the Registrar and to such instructions as he may from
time to time give, have power to exercise all or any of the functions of the
governing body or of any officer of the society, and to take all such actions
as may be required in the interest of the society. (5)
The State Government may fix the remuneration
payable to the person or persons so appointed. The amount of such remuneration
and other costs, if any, incurred in the management of the society shall be
payable from its funds. (6)
The person or persons so appointed shall at
the expiry of the period of his or their appointment, arrange for the
constitution of a new governing body in accordance with the regulations of the
society. (7)
If there is a difference of opinion between
the general body of the society and person or persons appointed under
sub-section (1) in respect of any matter it shall be referred to the Registrar
for decision and his decision thereon shall be final. (8)
During the period between the issuance of
notice and the passing of an order removing the governing body, the governing
body may be required by the State Government to function under the supervision
and with the approval of such authority as the State Government may specify in
this behalf and no order made or resolution passed or any other act performed
by the governing body, shall be effectual unless it is approved by such
specified authority. CHAPTER VIII Dissolution of
Societies (1)
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 when agreed upon and all
necessary steps shall be taken for the disposal and settlement of the property
of the society, its claim and liabilities according to the regulations 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 situated, and the Court shall make such order in the matter as
it shall deem fit : Provided further 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 also that whenever
the Government is a member of, or a contributor to, or otherwise interested in
any society, such society shall not be dissolved without the consent of the
Government. (2)
The Registrar may, if on information received
by him or otherwise is of the opinion that a society has become defunct or has
been persistently making default in the observance of the provisions of this
Act, or the regulations or bye-laws made thereunder, by a notice served on the
society, call upon the governing body within the period specified in the notice
which shall not be less than thirty days, to show-cause as to why registration
of the society should not be cancelled. (3)
The Registrar may after considering the reply
received, if any, after the expiry of the notice period on being satisfied that
no useful purpose is likely to be served by continuing the society by an order
in writing cancel the registration thereof as from the date specified in the
order and thereon society shall be deemed to have been dissolved for the
purposes of the Act. If upon the dissolution of
any society, there shall remain after the satisfaction of all its debt 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 the Court specified in Section 34 : Provided that this section
shall not apply to any society which shall have been founded or established by
the contributions of share-holders in the nature of a Joint Stock Company. [17] [(1)] Notwithstanding
anything contained in Section 35 it shall be lawful for the members of any
society dissolved under Section 34 In determine by majority of votes of the
members present personally or by proxy at the time of dissolution of such
society that any property whatsoever remaining after satisfaction of all its
debts and liabilities shall be given to Government to be utilised for any of
the purposes referred to in Section 2. [18][(2)
?In the event of cancellation of the
Registration of Society under sub-section (3) of Section 34 the movable and
immovable assets of the society or its institution or centres shall vest in the
State Government to the extent of assistance, grant, aid or donation that the
society may have received from Central or State Government or any of the
Statutory bodies. It shall be the duly of the Collector of the District where
the property is situated to take charge of the same on intimation of
cancellation by the Registrar.] CHAPTER IX Offences and
Penalties (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 or any
other person, authorised in writing by him, in this behalf. [19][Provided
that no Court shall take cognizance of an offence punishable under sub-section
(1) of Section 38, as substituted by Section 12 of the Madhya Pradesh Ashaskiya
Shikshan Sansthan (Adhyapakon Tatha Anya Karmachariyon Ke Vetano Ka Sandaya)
Adhiniyam, 1978 except upon a complaint made by such officer as the State
Government may, by notification, specify in this behalf.] (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 27 he shall, on
conviction be punishable with fine which may be extend to five hundred rupees
and in case of 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. [20][(1)
If the President, Secretary or any other person authorised in this behalf by a
resolution of the governing body of the society- (a)
fails to comply with the provisions of
Section 27; or (b)
fails to comply with any direction given
under Section 4 or with the Madhya Pradesh Ashaskiya Shikshan Sanstha
(Adhyapakon Tatha Anya Karmachariyon Ke Vetano Ka Sandaya) Adhiniyam, 1978 he
shall on conviction be punishable- (i) ???in the case of an offence falling under
clause (a), with fine which may extend to five hundred rupees and in the case
of a continuing breach with a further fine which may extend to fifty rupees for
every day after the first during which the breach continues; (ii)??? in the case of an offence falling under
clause (b) with imprisonment for a term which may extend to three months or
with fine which may extend to one thousand rupees or with both and for the
second and subsequent offence, with imprisonment for a term which may extend to
five thousand rupees or with both.] (2)
If any person wilfully makes or causes to be
made any false entry in, or any omission from, the list required by Section 27
or in or from any statement err copy of regulation or alterations in regulation
sent to the Registrar he shall, on conviction, be punishable with fine which
may extend to two thousand rupees. If any society or any person
as is referred to in Section 28 and sub-section (2) of Section 31 refuses or
neglect to furnish the information or explanation required thereunder the
society or such person shall on conviction be punished with fine which may
extend to twenty rupees in respect of each such offence. CHAPTER X Appeal [21][(1)
An appeal shall lie,- (a)
if the order is made by the Registrar
appointed under subsection (1) of Section 4 either in original case or in
appeal under clause (b) to the State Government; (b)
if the order is made by the subordinate
officers appointed under sub-section (2) of Section 4 or any other person to
the Registrar appointed under sub-section (1) of Section 4.] (2) ??An appeal under sub-section (1) shall be
filed within two months of the date of communication of the order : Provided that the Appellate
Authority may admit an appeal after the expiry of such period if the appellant
satisfies the Appellate Authority that he had sufficient cause for not
preferring the appeal within such period. CHAPTER XI Miscellaneous Every Officer or person
exercising or authorised to exercise powers under this Act or the rules made
thereunder shall be deemed to be a public servant within the meaning of Section
21 of the Indian Penal Code, I860 (No. 45 of 1860). No suit, prosecution or
other legal proceedings shall lie against the Registrar or any person
subordinate to him or acting under his authority, in respect of anything done
by or purporting to have been done by him in good faith under this Act. (1)
The State Government may make rules to
carry-out the purposes of this Act. (2)
All rules made under this section shall be
laid on the Table of the Legislative Assembly. As from the commencement of
this Act, the Madhya Pradesh Societies Registration Act, 1959 (No. 1 of 1960)
shall stand repealed. [1] W.e.f. 1-12-1973, vide Notification No.
16247-8035-XVI-A, dated 3-12-1973. [2] Inserted by M P. Act No. 29 of 1998. [3] Substituted by M.P. Act No. 29 of 1998. [4] Inserted by M.P. Act No. 27 of 1976. [5] Substituted by M.P. Act No. 29 of 1998. [6] Substituted by M.P. Act No. 29 of 1998. [7] Substituted by M.P. Act No. 29 of 1998. [8] Re-numbered by M.P. Act No. 29 of 1998. [9] Inserted by M.P. Act No. 29 of 1998. [10] Substituted by M.P. Act No. 29 of 1998. [11] Substituted by M.P. Act No. 29 of 1998. [12] Substituted by M.P. Act No. 29 of 1998. [13] Inserted by M.P. Act No. 20 of 1078. [14] Substituted by M.P. Act No. 29 of 1998. [15] Substituted by M.P. Act No. 29 of 1998 [16] Substituted by M.P. 20 of 1978 [17] Re-numbered by M.P. Act No. 29 of 1998. [18] Inserted by M.P. Act No. 29 of 1998. [19] Inserted by M.P. Act No. 20 of 1978. [20] Inserted by M.P. Act No. 20 of 1978. [21] Substituted by M.P Act No. 29 of 1998.Madhya
Pradesh Society Registrikaran Adhiniyam, 1973