MIZORAM SOCIETIES
REGISTRATION ACT, 2005 THE MIZORAM SOCIETIES REGISTRATION ACT, 2005 An ACT to provide for the registration of literary,
cultural, scientific, charitable and other kinds of societies and for matters
connected therewith. Be it
enacted in the Fifty-Sixth Year of the Republic of India by the Legislative
Assembly of Mizoram as follows .-- (1)
This Act may be called the Mizoram Societies
Registration Act, 2005. (2)
It shall extend to the whole of Mizoram. (3)
It shall come into force on such date as the
State Government may, by notification in the official Gazette, appoint. In
this Act, unless the context otherwise requires.-- (1)
"Court" means the principal civil
court of original jurisdiction of the district within which the registered
office of the Society is situate, (2)
"Governing Body" means the body, by
whatever name called, entrusted for the time being with the management of a
society under its regulations; (3)
"Inspector" means an Inspector
appointed under section 23; (4)
"Member" when used in relation to a
society means a person who has bee admitted with his consent as a member of the
Society according to its regulations (5)
"Memorandum" means the memorandum
of association of the Society; (6)
"Officer" means a member of the
Governing Body, the President, the Secretary or any other office-bearer and
includes an employee of the society whose work is not of a purely ministerial
nature; (7)
"Officer in default" means any
officer who contravenes, fails or refuses to comply with any requirement under
this Act or who authorises or permits such contradictions, failure or refusal; (8)
"President" means the President,
the Chairman or the formal head, by whatever name called, of a society and
includes a person who, for the time being, acts as the formal head; (9)
"Registered office" means the
registered office mentioned in the memorandum; (10)
"Registrar" means a person
appointed as Registrar under section 3 and includes any person empowered as
such under that section; (11)
"Regulation" means the regulations
made by a Society and, in relation to a society deemed to have been registered
under sub-section (2) of section 40 of this Act and include its rules; (12)
"rules" mean rules made by the
State Government under section 39; (13)
"Secretary" means the Secretary or
the principal executive officer, by whatever name called, of a Society and
includes a person who, for the time being, acts as Secretary; (14)
"section" means a section of this
Act; (15)
"Societies" means societies
registered or deemed to have been registered under this Act; (16)
"State Government" means the State
Government of Mizoram; (17)
"votes of three-fourths of the
members" mean the votes of at least three-fourths of the total membership
in a society given at any general meeting of the Society including votes, by
proxy where voting by proxy is allowed under its regulations. The
State Government may appoint a person to be Registrar of Societies for the
State of Mizoram and such Additional Registrar, Joint Registrar, Deputy
Registrar, or Assistant Registrars as it thinks necessary to assist the
Registrar and may, by general or special order, em-power any such person with
all or any of the powers and functions of the Registrar under this Act. Any
seven or more individuals associated for any of the objects mentioned in
section 7 may subscribe their names to a Memorandum of Association and file
them along with a copy of the regulation with the Registrar for registration of
the association as society under this Act. (1)
The Memorandum shall contain, amongst other
things, the following particulars, namely ? (a)
the name of the association; (b)
the address of the registered office of the
association; (c)
the object of the association; (d)
the names of the first members of the
Governing Body; and (e)
the names, addresses and occupations of the
signatories to the Memorandum. (2)
After registration, a society shall not
change the Memorandum except in accordance with the provisions of this Act. The
Registrar shall not, for registration of a society, accept any memorandum
unless it is accompanied by a copy of its regulations providing, amongst other
things, for the following matters, namely .-- (1)
the composition and the manner of election or
appointment and resignation or removal and the term of office of members of the
Governing Body, the President, the Secretary and other officers; (2)
the manner of admission as member and of
their resignation or removal; (3)
the maintenance of the membership register
and facilities for inspection of the same; (4)
the safe custody of the property of the
society and in particular, the manner of keeping or investing any money of the
society; (5)
the procedure for holding meetings of the
society fixing quorum, period of notice for meetings and the manner of voting
including voting by proxy, where such voting is allowed; (6)
the maintenance and audit of accounts; (7)
the inspection of accounts and of the
proceedings of meetings by the members of the society; and (8)
any other matters relating to the affairs of
the Society Societies
formed or established for the promotion of literature, arts, science, sports,
any charitable purpose including the care or relief of orphans, or of the aged,
sick, helpless or indigent persons, the protection and improvement of the
natural environment including forests, rivers and wildlife, the diffusion of
knowledge, the dissemination of social or economic education, the establishment
and maintenance of libraries or reading-rooms, the collection and preservation
of manuscripts, printing, sculptures, works of art, antiquities, natural
history specimens, mechanical and scientific instruments and designs and any
other object as may be notified by the State Government as being beneficial to
the public or to a section thereof. (1)
The Registrar upon being satisfied that the
Memorandum and the regulations comply with the requirements of this Act and the
rules, and upon payment of the fee referred to in sub-section (2), shall
certify under his hand and seal that the association is registered as a society
under this Act. (2)
There shall be paid to the Registrar, for the
registration of an association under this Act, a fee of five hundred rupees, or
such sum as the State Government may, from time to time, direct. (3)
An appeal shall lie to the State Government
against an order of the Registrar refusing to certify the registration of an
association as society under this Act and the decision of the State Government
on such appeal shall be final. (1)
A society shall not alter its memorandum
except with previous permission of the Registrar in writing. The alteration
should then be approved by a majority of three-fourths of its members. (2)
Before granting permission under sub-section
(1) the Registrar shall satisfy himself that the alteration does not make the
society ineligible for registration under this Act. (3)
Subject to the provisions of this Act, the
rules and the memorandum, a society may, by the votes of three-fourths of the
members, alter its regulations. (1)
A copy of every alteration of the memorandum
and of the regulations shall be filed with the Registrar within thirty days of
such alterations. (2)
The Registrar shall, except for special
reasons to be recorded by him in writing, within thirty days from the date of
such receipt, record the alteration and send an intimation of the fact or communicate
to the society his objections to such alteration, (3)
An appeal shall lie to the State Government
against any objection made by the Registrar, and the decision of the State
Government on such appeal shall be final. (4)
An alteration shall have effect from the date
on which the intimation referred to in sub-section (2) is received by the
society or in the event of any objection being raised by the Registrar, from
the date on which the State Government allows the alteration on appeal. No
society shall be registered under a name which is identical with or too nearly
resembles to that of any other society or any body corporate which has been
previously registered or deemed to be registered under this Act or incorporated
under any other law for the time being in force. (1)
If a society registered under a name alters
its name to another which, in the opinion of the Registrar, is identical with
or too nearly resembles to that of any other Society or body corporate which
having been previously registered or deemed to have been registered under this
Act or incorporated under any other law for the time being in force, continues
to exist, the Registrar may, by an order direct such society to change its name
within three months from the date of the order or such longer period as it may
allow. (2)
The change of name shall not effect the
rights and liabilities of a society or any legal proceedings by or against the
society. (3)
In case of non-compliance with an order under
section (1), every officer in default shall be punishable with fine which may
extend to twenty rupees for each day until the order is complied with. (1)
Whenever two or more societies desire to
amalgamate, the Governing Body of each society shall submit the proposal in
writing to the member thereof and such proposal shall be considered in a
general meeting of the society convened for the purpose. (2)
No such proposal shall have any effect unless
? (a)
it has been delivered or sent by registered
post to the members of each of the societies at least ten days before the date
of the meeting at which it will be considedred; (b)
it has been sent to the Registrar before the
meeting and communicated his approval thereto, with or without any
modifications; (c)
the proposal, with the modifications, if any,
suggested by the Registrar, is agreed to by three-fourths of the members of
each of the societies concerned and confirmed by like votes of members at the
subsequent general meeting of the amalgamated society. (3)
An appeal shall lie to the State Government
against any order of Registrar refusing to accord his approval to the propossal
or to his suggestions for any modification and the decisions for any
modification and the decision of the State Government on such appeal shall be
final. (4)
On the proposal being confirmed ? (a)
the amalgamated society shall be registered
under its new name; (b)
the registration of the amalgamating society
shall be cancelled; and (c)
the assets and liabilities of the
amalgamating societies shall be the assets and liabilities of the amalgamated
society. (1)
Every society shall ? (a)
prominently display its name outside its
registered office and any place where its business is normally carried on; (b)
have a seal with its name engraved thereon ;
and (c)
have its name and registration number
mentioned in all documents executed in its favour or on its behalf. (2)
For any contravention of the provision of
sub-section (1), every officer in default shall be punishable with fine which
may extend to rupees twenty for each day such contravention continues. (1)
Every society shall maintain at its registered
office, a register of its members and shall enter therein the following
particulars, namely ? (a)
the name and address of each member, (b)
the date on which the members was admitted;
and (c)
the date on which a member ceases to be such. (2)
If entries are not made within fifteen days
of the admission of a member or as the case may be, cessation of membership,
every officer in default shall be punishable with fine which may extend to
rupees twenty for each day the contravention continues. (1)
Every society shall keep at its registered
office proper books of accounts in which the following shall be entered
accurately. ? (a)
all sums of money received and the source
thereof and all sums of money expended 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 accounts audited
once a 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 report shall be certified by the auditor. Explanation
.-- "A
duly qualified auditor" means a chartered accountant within the meaning of
the Chartered Accountant Act, 1949 or a person approved by the Registrar in
this behalf. (3)
For contravention of any of the provisions of
this section every officer in default shall, from the date the default is
detected, be punishable with fine which may extend to twenty rupees for each
day the default continues. (1)
Every society shall hold an annual general
meeting at least once in every year and not more than fifteen months shall
elapse between two such successive meetings. (2)
The balance sheet and the auditor's report
referred to in sub-section (2) of section 16 shall be placed at the annual
general meeting of the society, (3)
For contravention of any of the provisions of
this section every officer in default shall be punishable with fine which may
extend to two hundred and fifty rupees. (1)
Within thirty days after the holding of every
annual general meeting, there shall be filed with the Registrar ? (a)
a list of names, addresses and occupations of
the members of Governing Body, the President, the Secretary and of other
office-bearers of the society; (b)
an annual report by the Governing Body on the
working of the society for the previous year; and (c)
a copy each of the balance-sheet and the
auditor's report certified by the auditor under sub-section (2) of section 16. (2)
The list and the annual report referred to in
clause (a) and (b) of subsection (1) shall be certified by the President and
the Secretary. (3)
If any change occurs in the composition of
the Governing Body or in the office of the President or the Secretary at any
time and for any reason whatsoever, the change shall, within thirty days be
notified to the Registrar. (4)
For contravention of any of the provision of
this section, every officer in default shall be punishable with fine which may
extend to two hundred and fifty rupees. All
property belonging to a society, if not vested in trustees, shall vest in the Governing
Body of the Society but shall be referred to as the property of the Society. (1)
Every society may sue or be sued in the name
of the President, the Secretary or any office-bearer authorised by the
Governing Body in this behalf. (2)
No suit or proceeding shall abate by reason
of any vacancy or change in the holder of the office of the President, the
Secretary or any office-bearer authorised under sub-section (1). (3)
Every decree or order against a society in
any suit or proceeding shall be executable against the property of the society
and not against the person or property of the President, the Secretary or any
office-bearer. (4)
Nothing in sub-section (3) shall exempt the
President, the Secretary or office-bearer of the society from any criminal
inability under this Act or entitle him to claim any contribution from the
property of the society in respect of any fine paid by him on conviction by a
criminal court. Every
member of a society may be sued or prosecuted by the society for any loss or
damaged caused to the society or its property or for anything detrimental done
by him to the interest of the society. (1)
The Registrar may, by order in writing,
require a society to furnish in writing such information or explanation within
such time, not being 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 under this Act. (2)
On receipt by the society of an order made
under sub-section (1), it shall be the duty of the officer concerned to furnish
such information or explanation. (3)
For failure to comply with an order under
sub-section (1) the officer in default shall be punishable with fine which may
extend to rupees twenty for each day the failure continues. (1)
Where the State Government is of opinion that
the business of a society is being conducted with an intent to defraud its
creditors, members or any other person, or that the society is guilty of
mismanaging its affairs or of any fraudulent or unlawful act, the State
Government may appoint a competent person as Inspector to investigate into the
affairs of the society or inspect any institution managed by the society and
report on such matters as the State Government may direct. (2)
ft shall be the duty of every officer of the
society when so required by the Inspector to produce any books and papers of or
relating to the society which are in his custody, and otherwise to give to the
Inspector all reasonable assistance in connection with the investigation. (3)
An Inspector may call and examine on oath any
officer of the society and it shall be the duty of every such officer to appear
before and answer all questions put forth by the Inspector. (4)
On the conclusion of the investigation the
Inspector shall make a report to the Registrar and the latter shall send the
report to the State Government along with his comment. (5)
For failure to comply with the provisions of
sub-section (2) or sub-section (3), the officer in default shall be punishable
with fine which may extend to two hundred and fifty rupees. (6)
All expenses connected with or incidental
shall be defrayed by the State Government. (1)
After consideration of the report and
comments of the Registrar made under sub-section (4) of section 23 the State
Government may give such directions as it may deem necessary to the society for
the removal of any defects or irregularities within such time as it may specify
and in case the society fails to take action accordingly the State Government
may direct the Registrar to move the Court for dissolution of the society. (2)
If it appears to the State Government that
any person has in relation to the conduct of the business of the society, been
guilty of any offence for which he is criminally liable, the State Government
may direct the prosecution of such person in a court of law. (1)
A society may be dissolved if, at a special
general meeting convened for the purpose, by the vote of three-fourths of the
members, it passes a resolution for dissolution. (2)
Where a resolution for dissolution of a
society is passed under sub-section (1), the Governing Body shall take all
necessary steps for the disposal and settlement of all claims, assets and
liabilities of the society as it may think fit subject to the regulation of the
society, if any (3)
After all necessary steps have been taken
under sub-section (2), the Governing Body shall send a report to the Registrar
mentioning also if there are any surplus assets. (4)
The Registrar shall thereupon issue a notice
in the official gazette to the effect that if no objection is received from any
claimant creditor or member of the society within three months from the date of
the notice, the society shall, subject to the provisions of section 27, be
dissolved. (5)
If no objection is received within the period
stipulated in sub-section (4) and after the surplus assets, if any, have been
disposed of as provided in section 27, the Registrar shall make an order
confirming the dissolution of the society and thereupon the society shall stand
dissolved. The Registrar shall record the order of dissolution in the Registrar
maintained in his office. (6)
If any objection is received from any
claimant or creditor within the period of three months as aforesaid the
Registrar shall not make an order confirming the dissolution of the society
unless he is satisfied that the relevant claim or liability has been duly
settled and the surplus assets, if any, have been disposed of as provided in
section 28. If, however, any objection is received from any member the
Registrar shall not make an order confirming the dissolution of the society but
shall make an application to the court under section 26, (7)
Where any Government has in any manner made
any contribution to the funds or assets of a society, such society shall not be
dissolved, unless the State Government has given its assent to the dissolution. (1)
The Court may, on the application of the
Registrar or on the application of not less than one-tenth of the members, make
an order for the dissolution of a society in the following cases, namely .? (a)
if there is any contravention by the society
of the provision of this Act; (b)
if the number of members fall less than
seven; (c)
if the society has ceased to function for
more than three years; (d)
if the society is unable to pay its debts or
meet its liabililties; and (e)
if it is considered proper that the society
should be dissolved. (2)
A dissolution under this section shall take
place in such manner as the court may direct. (1)
Where in the opinion of the Registrar there
are reasonable grounds to believe that a society is not managing its affairs
properly or is not functioning, he shall send to the society at its registered
office a notice by registered post calling upon it to show cause within such
time as may be specified on the notice why the society should not be dissolved. (2)
If no cause is shown or if the cause shown is
considered by the Registrar to be unsatisfactory the Registrar may move the
court under section 26 for making an order for the dissolution of the society If
after the disposal and settlement of the property of a society and its claims
and liabilities, there are any surplus assets, such assets shall not be paid to
or distributed amongst the members of the society or any of them but shall be
given to some the society to be determined- (1)
in the case of a dissolution under section
25, by the votes of three-fourths of the members, or in default thereof, by the
Registrar with the approval of the State Government; and (2)
in the case of a dissolution under section
26, by the court. No
person who is an undischarged insolvent or who has been convicted of any
offence in connection with the formation, promotion, management or conduct of
the affairs of a society or of a body corporate, or of any offence involving
moral turpitude, shall be entitled to be a member of a Governing Body or the
President, Secretary, or any office-bearer of a Society. Any
person may inspect any document filed with the Registrar under this Act on
payment of a fee of five rupees for every inspection, and any person may obtain
a copy of extract of any document or part thereof certified by the Registrar on
payment of such fee as may be prescribed. Such certified copy shall be
admissible as evidence of the matters therein contained in all legal
proceedings. (1)
Where a society accepts a gift of any kind
from any person for a specific purpose it shall not use the gift or any part
thereof for any other purpose without the written consent of the donors or if
the donor is dead, without the written consent of the Registrar. The Registrar
shall not give such consent unless he is satisfied that the purpose for which
the gift was made is capable of execution by the society. (2)
For contravention of the provision of this
section every officer in default shall be punishable with fine which may extend
to rupees two hundred and fifty. All
communications to a society shall be addressed by its name and sent to its
registered office. (1)
No prosecution shall be instituted for any
offence under this Act except with the previous sanction of the State
Government. (2)
Nothing in sub-section (1) shall apply to any
prosecution mentioned in section 21. No
suit, prosecution or proceeding shall lie in any Civil or Criminal Court
against the Registrar or any Inspector and no suit or proceeding shall lie in
any Civil Court against the State Government for anything in good faith done or
intended to be done under this Act or the rules. (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 sub-sections (1), (2) and (3) of section
18, 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 the first conviction for such offence. (2)
If any person wilfully makes or cause to be
made any false entry, or any omission from the list required by clause (a) of
sub-section (1) of section 18 or in or from any statement or copy of rules or
of alterations or an annual report on the working of the society for the previous
year or a copy each of the balance-sheet and the auditor report sent to the
Registrar, he shall, on conviction, be punishable with fine wich may extend to
two thousand rupees. (1)
All appeals to the State Government under this
Act shall be filed within thirty days from the date of the objection or order
appealed against. (2)
The provisions of sections 5 and 12 of the
Indian Limitations Act, 1963, shall apply to all appeals under this Act. (1)
No Court inferior to that of a Judicial
Magistrate of the first class shall try any 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. EXPLANATION
: A
Judicial Magistrate of the first class for the purposes of this Act means the
Deputy Commissioner and any Assistant to the Deputy Commissioner who has been
empowered under the rules for the regulation of the procedure of officers
appointed to administer justice in Mizoram. All
fees paid under this Act shall be credited under the head "2040-Taxes on
Sales, Trade, etc." to the Consolidated Fund of the State of Mizoram. (1)
The State Government may make rules for
carrying out the purposes of this Act. (2)
In particular and without prejudice to the
generality of the foregoing power such rules may provide for all or any of the
following matters, namely ? (a)
the procedure for any appeal to the State
Government under this Act and the fee for such appeal, if any; (b)
the fee, if any, to be paid for filing any
document other than the memorandum and the regulations; (c)
the maintenance of the register of societies
and other books, if any, by the Registrar; (d)
the fee to be paid for any certified copy of
extract of any document; (e)
any other matter which in the opinion of the
State Government is related to the implemention of this Act. (3)
?Every
rule made under this Act shall be laid, as soon as may be after it is made
before the Mizoram Legislative Assembly for a period of seven days, and if,
before the expiry of the session in which the rule is laid, The Mizoram
Legislative Assembly agree in making any modification in the rule or the rule
should not be made, the rule shall thereafter have effect only in such modified
form or be of no effect as the case may be so, however, that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule. (1)
The Societies Registration Act, 1860 in its application
to Mizoram, is hereby repealed. (2)
Any society registered in any place within
Mizoram under the Societies Registration Act, (Extension to Mizoram) Act, 1976,
shall be deemed to have been registered under this Act, and its principal
office shall be deemed to be the registered office: Provided
that - (a)
the memorandum and regulations of any
society, if they are repugnant to any of the provisions of this Act and the
rules, shall be brought in conformity within six months from the commencement
of this Act or within such further period as the Registrar may allow, and
thereafter, to the extent of such repugnancy, be deemed to avoid and of not
effect; (b)
any officer elected or appointed to and
holding any office immediately before the commencement of this Act shall
continue to hold such office until the expiry of his term of office or until
such office is lawfully terminated; (c)
nothing in this section shall affect any
right, privilege, obligation, liability or punishment under the Societies
Registration Act, 1860 and any investigation, remedy or proceedings, including
proceedings for dissolution commenced before the coming into force of this Act,
may be continued or enforced as if this Act had not been passed.
Preamble - THE MIZORAM SOCIETIES REGISTRATION
ACT, 2005PREAMBLE