SOCIETIES REGISTRATION ACT, 1860 (DELHI AMENDMENT)

Preamble 1 - SOCIETIES REGISTRATION ACT, 1860

THE SOCIETIES REGISTRATION ACT, 1860^[1]

[Act, No. 21 of 1860]

[21st May, 1860]

PREAMBLE

An Act for the Registration of Literary, Scientific and Charitable Societies

Whereas it is expedient the provision should be made for improving the legal condition of societies established for the promotion of literature, science, or the fine arts, or for the diffusion of useful knowledge,[2] [the diffusion of political education], or for charitable purposes; it is enacted as follows:--

[STATE AMENDMENTS

[Delhi

^{[3] [In the long title}

For the words "Literary, Scientific, and Charitable Societies", the words "Welfare, Literary, Scientific and Charitable Societies" shall be substituted.]

^{[4] [In the preamble}

For the words "promotion of literature, science, or the fine arts", the words "promotion of social welfare, activities conductive to the protection and improvement of the natural environment (including forests, lakes, rivers and wild life), compassion for living creatures, literature, science, sports, games or the fine arts" shall be substituted.]

Section 12 - Societies enabled to alter, extend or abridge their purposes

Whenever it shall appear to the governing body of any society registered under this Act, which has been established for any particular purpose or purposes, that it is advisable to alter, extend, or 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;

but no such proposition shall be carried into effect unless such report shall have been delivered or sent by post to every member of the society ten days previous to the special meeting convened by the governing body for the consideration thereof, nor unless such proposition shall have been agreed to by the votes of three-fifths of .the members delivered in person or by proxy, and confirmed by the votes of three-fifths of the members present at a second special meeting convened by the governing body at an interval of one month after the former meeting.

[STATE AMENDMENTS

[Delhi

^{[5] [In Section 12}

The words "other society" the words "or whenever the governing body of any society registered under this Act decides to change the name of the society" shall be inserted.]

^{[6] [After Section 12}

the following new sections shall be inserted, namely.--

"12A. Registration of change of name?

(1)     Where a proposition for change of name has been agreed to and confirmed in the manner prescribed by section 12, a copy of the proposition so agreed to and confirmed shall be forwarded to the Registrar for registering the change of name. If the proposed name is identical with that by which any other existing society has been registered, or in the opinion of the Registrar so nearly resembles such name as to be likely to deceive the public or the members of either society, the Registrar shall refuse to register the change 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 met 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 not exceeding rupees five as the State Government may, from time to time, direct; and all fees so paid shall form part of the Consolidated Fund of India.

12B. Effect of change of name?

The change in the name of a society shall not affect any rights or obligations of the society or render defective and legal proceeding by or against the society; and any legal proceeding which might have been continued or commenced by or against it by the former name may be continued or commenced by or against it by the new name.

12C. Registration of change of names effected before coming into force of Delhi Act 9 of 1954?

If any society registered under this Act has, before the date of the coming into force of the Societies Registration (Delhi Amendment) Act, 1954, intimated to the Registrar the change of its name and if the Registrar has recorded such change, the Registrar may, notwithstanding anything contained in this Act, on an application made by the society in this behalf and on payment of a fee as provided for in sub-section (3) of section 12A, register the change of such name and issue a certificate to the society under sub-section (2) of the said section 12A. On the issue of such certificate the change shall be deemed to be complete from the date on which such change was recorded by the Registrar, notwithstanding the fact that the society had not followed the procedure prescribed in sections 12 and 12A."]

Section 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,^{[7] [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

[Delhi

^{[8] [In Section 20}

the words "promotion of science, literature, or the fine arts" the words "promotion of social welfare, activities conducive to the protection and improvement of the natural environment (including forests, lakes, rivers and wild life), compassion for living creatures, literature, science, sports, games or the fine arts" shall be substituted.]