SOCIETIES REGISTRATION ACT, 1860 (LADAKH AMENDMENT)

Section 1 - Societies formed by memorandum of association and registration

Any seven or more persons associated for any literary, scientific, or charitable purpose, or for any such purpose as is described in section 20 of this Act, may, by subscribing their names to a memorandum of association, and filing the same with Registrar of Joint-stock Companies [1] [***] form themselves into a society under this Act.

[STATE AMENDMENTS

UNION TERRITORY OF LADAKH

[2] [(a) after the preamble and before the existing section 1, insert-

"1. Appointment, etc. of Registrar of Societies, etc.-

(1)     The Administration of Union territory of Ladakh 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 Administration of the Union territory of Ladakh may from time to time make, superintend the administration and carry out the provisions of this Act throughout the Union territory of Ladakh.";

"2. ???The Administration of the Union territory of Ladakh may by notification, appoint one or more Additional Registrars with such local jurisdiction as may be assigned to them.

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 Administration of the Union territory of Ladakh may authorise in that behalf.";

(b) ???number the existing section 1 as section 1A and in this section as so numbered, for "Registrar of Joint-Stock Companies" substitute "Registrar of Societies".]

Section 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 fees as [3] [the state Government] may, from time to time, direct; and all fees so paid shall be accounted for to [4] [the state Government].

[STATE AMENDMENTS

UNION TERRITORY OF LADAKH

[5] [Section 3.--For "Registrar", substitute "Registrar of Societies.".]

Section 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

UNION TERRITORY OF LADAKH

[6] [Section 4.--For "Registrar of Joint-Stock Companies", substitute "Registrar of Societies".

Insertion of new sections-

After section 4, insert the following sections, namely:--

"4A. Changes in list mentioned in section 4 and rules to be filed.-

(1)     Without prejudice to the provisions of section 4 and change in personnel on the list filed under said section occurring during the year to which such list relates shall be intimated to the Registrar of Societies within two months of the making of such changes.

(2)     A copy of every alteration made in the rules and regulation of the society, certified to be a correct copy by not less than three of the Governors, Directors or members of governing body, as the case may be, shall be sent to the Registrar of Societies within two months of such alteration.

4B. Persons by whom lists, etc., are to be sent.-

It shall be the duty--

(a)      of the Chairman or, as the case may be, the President, the Secretary or any other person authorised in that behalf by the rules and regulations of the society or by a resolution of the governing body of the society; or

(b)      of the Chairman, or as the case may be, the President of the governing body of the society where there is no such authorisation, to file the list mentioned in section 4 or to send the intimation, or as the case may be, the copy mentioned in section 4A to the Registrar of Societies.

4C. Offence.-

(1)     If any person who is required so to do under the preceding section fails without reasonable cause to comply with the provisions thereof, he shall, on conviction, be punishable with fine which may extend to one thousand rupees.

(2)     If any person wilfully makes or causes to be made any false entry or alteration in, or any omission from, the list filed under section 4 or any statement or copy of rules and regulations sent to the Registrar of Societies under section 4A, he shall on, conviction, be punishable with fine which may extend to five thousand rupees.".]

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

UNION TERRITORY OF LADAKH

[7] [Section 12.--

(i)       after "any other society", insert "or whenever the governing body of any such society decides to change the name of the society"; and

(ii)      after the words "after the formal meeting" insert--

"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.".

Insertion of new sections-

After section 12, insert-

"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 and if the proposed change in the name is in his opinion undesirable for any of the reasons mentioned in section 3A, 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, and 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 five hundred and all fees so paid shall be accounted for to the Administration of the Union territory of Ladakh.

(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 3A), 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.

12B. 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.

12C. 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 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 (38 of 1949), or by such persons as may be authorised in this behalf by the Administration of the Union territory of Ladakh.

12D. 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 12C 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 branch of trust or misapplication or any other misconduct on the part of the governing body or any other person.".]

Section 18 - Such societies to the 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 [8] [***] 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 insertion 2,and a copy of the report of the proceedings of the general meeting at which the registration was resolved on.

[STATE AMENDMENTS

UNION TERRITORY OF LADAKH

[9] [Section 18.--For "Registrar of Joint-Stock Companies", substitute "Registrar of Societies".]

Section 19 - Inspection of documents

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 AMENDMENT

UNION TERRITORY OF LADAKH

[10] [Section 19.--For "Registrar", substitute "Registrar of Societies".]