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 [1] [the
state Government] may, from time to time, direct; and all fees so paid shall be
accounted for to [2] [the
state Government]. [STATE AMENDMENTS [Uttar Pradesh [3] [In Section 3 the following section shall be substituted, namely: -- "3.
(1) Upon such memorandum and certified copy being filed along with particulars
of the address of the Society's office which shall be its registered address,
by the Secretary of the Society on behalf of the persons subscribing to the
memorandum, 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 one hundred
rupees: Provided that the Registrar may, in his discretion,
issue public notice or issue notice to such persons as he thinks fit inviting
objections, if any, against the proposed registration and consider all objections that may be received
by him before registering the Society. (2) Notwithstanding anything in sub-section (1) the
Registrar shall refuse to register a society, if after giving it an opportunity
of showing cause against such refusal, he is satisfied that-- (a)
the name of the
society is identical with that of any other society previously registered under
this Act; (b)
the name of the
society sought to be registered uses any of the words, namely, 'union',
'State', 'Land Mortgage', 'Land Development', "Co-operative', 'Gandhi',
'Reserve Bank' or any words expressing or implying the sanction, approval or
patronage of the Central or any State Government or any word which suggests or
is calculated to suggest any connection with any local authority or any
corporation or body constituted by or under any law for the time being in
force, or is such as is otherwise likely to deceive the public or the members
of any other society previously registered under this Act; (c)
any one or more of
the objects of the society sought to be registered is not an object mentioned
in sections 1 and 20; or (d)
its objects are
contrary to any other law for the time being in force. Explanation-In this Act, the word 'Registrar' means a person appointed as such by the
State Government, and includes an Additional Registrar, Joint Registrar, Deputy
Registrar, or Assistant Registrar, on whom all or any of the powers of
Registrar under this Act are
conferred by general or special order of the State Government."] [4] [After Section 3 The following section shall be inserted, namely: -- "3-A. Renewal of certificate of registration (1)
Subject to the
provisions of sub-section (2), a certificate of registration issued under section 3 shall remain in force for
a period of two years from the date of issue: Provided that a certificate issued before the
commencement of the Societies Registration (Uttar Pradesh
Amendment) Act, 1974
(hereinafter in this section referred to as the said Act), shall remain in force for a
period of two years from the date of such commencement. (2)
A Society registered
under section 3, whether before or after the commencement of the said Act, shall on application made to the
Registrar within one month of the expiration of the period referred to in
sub-section (1) and on payment of the fee specified in sub-section (3), be entitled
to have its certificate of registration renewed
for two years at a time: Provided that in the case of a society registered
before the commencement of the said Act, the Registrar shall refuse to renew the certificate of registration if after giving it
an opportunity of showing cause against; such refusal, he is satisfied that any
of the grounds mentioned in subsection (2) of section 3 exist in respect
thereof. (3)
There shall be paid
to the Registrar with every application for renewal of the certificate of registration? (a)
a fee of ten rupees,
if such application is filed within the period specified in sub-section (2); (b)
an additional fee of
five rupees, if such application is filed within one month of the date of
expiration of the period specified in sub-section (2); and (c)
an additional fee at
the rate of two rupees per month or part thereof, if such application is filed
beyond one month of the expiration of the period specified in sub-section (2). (4)
Every application for
renewal of the certificate of registration shall
be accompanied by the certificate sought to be renewed unless dispensed with by
the Registrar on the ground of its loss or destruction or other sufficient
cause. (5)
A society which fails
to get its certificate of registration renewed
in accordance with this section within one year from the expiration of the
period for which the certificate was operative shall become an unregistered
society: Provided that the Registrar may, for sufficient cause,
allow an application for renewal more than one year after the expiration of the
period for which the certificate was operative on payment of a fee of fifty
rupees. (6)
Where a certificate
of registration is
renewed in accordance with sub-section (2) or sub-section (5) such renewal
shall operate from the date of expiration of the period for which the
certificate was operative."] [5] [In Section 3 In sub-section (1), after the words "one hundred
rupees" the words "or such smaller fee as the State Government may
notify in respect of any class of societies"
shall be inserted.] [6] [After Section 3 In sub-section (3), in clause (a), for the words
"a fee of ten rupees" the words "a fee equal to the registration fee payable under
section 3 or rupees ten, whichever is less" shall be substituted.] [7] [In Section 3 In sub-section (1),-- (a)
for the words
"five hundred rupees" the words "one thousand rupees" shall
be substituted; (b)
for the existing
proviso the following provisos shall be substituted, namely :-- 'Provided that the State Government may, by notification
in the Official Gazette, increase from time to time the fee payable under this
sub-section: Provided further that the Registrar may, in his
discretion, issue public notice or issue notices to such persons as he thinks
fit inviting objections, if any, against the proposed registration and consider all
objections that may be received by him before registering the society.".] [8] [After Section 3 (i) in
sub-section (3), for clauses (a), (b) and (c) the following clauses shall be substituted,
namely :-- "(a) ?a fee equal to the registration fee payable under
Section 3 or rupees two hundred, whichever is less, if such application is
filed within the period specified in sub-section (2): Provided that the State Government may, by notification
in the Official Gazette, increase from time to time the fee payable under this
clause subject to the condition that the fee so increased shall not exceed
the registration fee
payable under Section 3; (b) ??an additional fee of forty rapees or such
higher fee not exceeding one-fifth of the fee payable under clause (a) as may
be notified by the State Government, if such application is filed within one
month of the date of expiration of the period specified in sub-section (2); and (c)? ?an
additional fee at the rate of twenty rupees per month or part thereof, or such
higher additional fee per month not exceeding half of the additional fee
payable under clause (b) as may be notified by the State Government, if such
application is filed beyond one month of the expiration of the period specified
in sub-section (2)." (ii) in
sub-section (5), in the proviso for the words "two hundred rupees"
the words "four hundred rupees" or such higher fee not exceeding ten
times of the additional fee payable under clause (b) of sub-section (3) as may
be notified by the State Government from time to time shall be substituted.] 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 [Uttar Pradesh [9] [In Section 4 The principal Act shall be renumbered as sub-section (1) thereof, and after
sub-section (1) as so renumbered, the following sub-section shall be inserted,
namely: -- " (2) Together with list mentioned in sub-section
(1) there shall be sent to the Registrar a copy of the memorandum of
association including any alteration, extension, or abridgement of purposes
made under section 12, and of the rules of the society corrected up to date and
certified by not less than three of the members of the said governing body to
be a correct copy and also a copy of the balance-sheet for the preceding year
of account."] [10] [After Section 4 The following section shall be inserted, namely:-- "4-A. Changes etc. in rules to be intimated to
Registrar.-- A copy of every change made in rules of the society and
intimation of every change of address of the society, certified by not less
than three of the members of the governing body shall be sent to the Registrar
within thirty days of the change."] [11] [After Section 4 After Section 4-A of the Societies Registration Act, 1860 as amended in its application to Uttar Pradesh the
following section shall be inserted, namely-- "4-B(1) At
the time of registration/renewal
of a society, list of members of General Body of that society shall be filed
with the Registrar mentioning the name, father's name, address and occupation
of the members. The Registrar shall examine the correctness of the list of
members of the General Body of such society on the basis of the register of
members of the General Body and minutes book thereof, cash book, receipt book
of membership fee and bank pass book of the society. (2)? ?If
there is any change in the list of members of the General Body of the society
referred to in sub-section (1), on account of induction, removal, registration or death of any
member, a modified list of members of General Body, shall be filed with the Registrar,
within one month from the date of change. (3) ??The list of members of the General Body to be
filed with the Registrar under this section shall be signed by two office
bearers and two executive members of the society."] 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 for
their proper title. [STATE AMENDMENTS [Uttar Pradesh [12] [After Section 5 The principal Act shall be omitted.]]] 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 [Uttar Pradesh [13] [In Section 13 The words, "chief building of the society"
the words, "registered office of the society" shall be substituted.] [14] [After Section 13 The following sections shall be inserted, namely: -- "13-A. Power of Registrar to apply for
dissolution (1)
Where in the opinion
of Registrar, there are reasonable grounds to believe in respect of a society
registered under this Act that
any of the grounds mentioned in clauses (a) to (e) of sub-section (1) of
section 13-B exists he shall send to the society, a notice calling upon it to
show cause within such time as may be specified in the notice why the society
be not dissolved. (2)
If on or before the
date specified in the notice or within such extended period as the Registrar
may allow, the society fails to show any cause or if the cause shown is
considered by the Registrar to be unsatisfactory, the Registrar may move the
Court referred to in section 13 for making an order for the dissolution of the
society. 13-B. Dissolution by court (1)
On the application of
the Registrar under section 13-A or under section 24 or on an application made
by not less than one-tenth of the members of a society registered under
this Act, the court
referred to in section 13 may make an order for the dissolution of the society
on any of the following grounds, namely? (a)
that the society has
contravened any provision of this Act or
of any other law for the time being in force and it is just and equitable that
the society should be dissolved; (b)
that the number of
the members of the society is reduced below seven; (c)
that the society has
ceased to function for more than three years preceding the date of such
application; (d)
that the society is
unable to pay its debts or meet its liabilities; or (e)
that the registration of the society has
been cancelled under section 12-D on the ground that its activities or proposed
activities have been or are or will be opposed to public policy. (2)
Without prejudice to
the provisions of sub-section (1) or of section 12-D, the Court may, on an
application of the District Magistrate in this behalf, make an order for the
dissolution of a society on the ground that the activities of the society
constitute a public nuisance or are otherwise opposed to public policy. (3)
When an order for the
dissolution of a society is made under subsection (1) or sub-section (2), all
necessary steps for the disposal and the settlement of the property of the
society, its claims and liabilities and any other adjustment of its affairs
shall take place in manner as the court may direct."]]] If upon the dissolution of any society registered
under this Act there
shall remain, after the satisfaction of all its debts 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 such court as aforesaid: Clause not to apply to Joint-stock Companies.-- Provided, however, that this clause shall not apply to
any society which has been founded or established by the contributions of
share-holders in the nature of a Joint-stock Company. [STATE AMENDMENTS [Uttar Pradesh [15] [After Section 14 The following section shall be inserted, namely:-- "14-A. Disposal of property of a dissolved
society.-- Notwithstanding anything contained in section 14, it
shall be lawful for the members of any society dissolved under section 13 to
determine, by a majority of the votes of the members present personally or by
proxy at the time of the dissolution of such society, that any property
whatsoever remaining after the satisfaction of all the debts and liabilities
shall be given to the Government to be utilised for any of the purposes
referred to in section 1."]]] The governing body of the society shall be the
governors, council, directors, committee, trustees or other body to whom by the
rules and regulations of the society the management of its affairs is
entrusted. [STATE AMENDMENTS [Uttar Pradesh [16] [After Section 16 The following section shall be inserted, namely: -- "16-A. Disqualifications for holding office in
society.-- A 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 an offence involving moral turpitude shall be disqualified for being chosen
as, and for being a member of the governing body or the President, Secretary,
or any other office-bearer of a society."] 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 [Uttar Pradesh [17] [In Section 19 (i) for
the words "on payment of a fee of one rupee for each inspection" the
words "on payment of such fee as the State Government may, by notification
in the Official Gazette fix", shall be substituted; and (ii) for
the words "on payment of two annas for every hundred words of such copy or
extract", the words "on payment of such fee as the State Government may,
by notification in the Official Gazette, fix" shall be substituted.] 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,[18] [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 [Uttar Pradesh [19] [After Section 20 The following sections shall be inserted, namely-- "22. Power of Registrar to call for information (1)
The Registrar may, by
written order, require any society to furnish in writing such information or
document within such time, being ordinarily not 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 by the
society under this Act. (2)
On receipt by the
society of an order under sub-section (1), it shall, be the duty of the
President, Secretary or any other person authorised in this behalf to furnish
such information or documents. 23. Audit (1)
Without prejudice to
the provisions of sub-section (2) of section 4 or of section 22, where the
Registrar is of opinion that it is necessary or expedient so to do, he may, by
written order, require any society to furnish its accounts or a copy of a
statement of receipts and expenditure for any particular year duly audited by a
Chartered Accountant: Provided that the Registrar may, at the request of
society permit it to have such accounts and statement audited by any other
person approved by him. (2)
If the society fails
to furnish the documents referred to in subsection (1) within the period
specified in the order or within such extended period as the Registrar may from
time to time allow, the Registrar may cause the accounts of such society
audited for the said year and may recover the cost of such audit from that
society. (3)
If the society
neglects or refuses to make its accounts or other documents available for audit
under sub-section (2) or, in the opinion of the Registrar, otherwise fails to
provide requisite facilities to have the audit made with due expedition, the
Registrar may proceed to take action under section 24.]]] [1]
Substituted by the Adaptation of Laws Order, 1950, for
"Provincial Government". [2]
Substituted by the Adaptation of Laws Order, 1950, for
"Provincial Government". [3]
Substituted by Societies Registration (Uttar
Pradesh Amendment) Act,
1975 (Act 52 of 1975). [4]
Inserted by Societies Registration (Uttar
Pradesh Amendment) Act,
1975 (Act 52 of 1975). [5]
Inserted by Societies Registration (Uttar
Pradesh Amendment) Act,
1978 (Act 13 of 1978). [6]
Substituted by Societies Registration (Uttar
Pradesh Amendment) Act,
1978 (Act 13 of 1978). [7]
Substituted by Societies Registration (Uttar
Pradesh Amendment) Act,
2000 (Act 08 of 2000). [8]
Substituted by Societies Registration (Uttar
Pradesh Amendment) Act,
2000 (Act 08 of 2000). [9]
Inserted by Societies Registration (Uttar
Pradesh Amendment) Act,
1975 (Act 52 of 1975). [10]
Inserted by Societies Registration (Uttar
Pradesh Amendment) Act,
1975 (Act 52 of 1975). [11]
Inserted by Societies Registration (Uttar
Pradesh Amendment) Act,
2013 (Act 23 of 2013). [12]
Omitted by Societies Registration (Uttar
Pradesh Amendment) Act,
2009 (Act 13 of 2009). [13]
Substituted by Societies Registration (Uttar
Pradesh Amendment) Act,
1975 (Act 52 of 1975). [14]
Inserted by Societies Registration (Uttar
Pradesh Amendment) Act,
1975 (Act 52 of 1975). [15]
Inserted by Societies Registration (Uttar
Pradesh Amendment) Act,
1975 (Act 52 of 1975). [16]
Inserted by Societies Registration (Uttar
Pradesh Amendment) Act,
1975 (Act 52 of 1975). [17]
Substituted by Societies Registration (Uttar
Pradesh Amendment) Act,
1975 (Act 52 of 1975). [18]
Inserted by Act 22 of 1927. [19]
Inserted by Societies Registration (Uttar
Pradesh Amendment) Act,
1975 (Act 52 of 1975).SOCIETIES REGISTRATION ACT, 1860 (UTTAR PRADESH
AMENDMENT)