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SOCIETIES REGISTRATION ACT, 1860

State Amendments:

SOCIETIES REGISTRATION ACT, 1860

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.]

[Gujarat

[5] [In the preamble

The words "literature, science" the words, "literature, science, sports" shall be substituted.]]]

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 [6] [***] form themselves into a society under this Act.

[STATE AMENDMENTS

[ANDHRA PRADESH

[7] [in section 1,

(i) for the words "the Registrar of Joint-stock Companies", the words and brackets "the Inspector-General of Registration (hereinafter referred to as the Inspector-General)" shall be substituted;

(ii) to the same section, the following Explanation shall be added, namely :--

"Explanation.-- 'Inspector-General of Registration' means the Inspector-General of Registration appointed by the State Government under section 3 of the Indian Registration Act, 1908, (Act 16 of 1908) and includes any officer subordinate to the Inspector-General, not below the rank of [8] [District Registrar or Sub-Registrar holding charge of the office of the District Registrar] to whom the State Government may delegate the functions of the Inspector-General under this Act".]

[Assam

[9] [In Section 1

substituted by the words "Registrar of Societies appointed by the State Government".

(ii) The words "registrar of Joint Stock Companies" wherever they appear in the Principal Act or in any subsequent amendments thereto shall be substituted by the words "Registrar of Societies".]

[Himachal Pradesh

[10] [In Section 1

The words "of Joint Stock Companies" the words "to be appointed by the State Government, by notification in the Official Gazette, for carrying out the purposes of the Act", shall be substituted.]

[Kerala

[11] [In Section 1

The words "the Registrar of Joint-stock Companies" the words and brackets "the Inspector-General of Registration (hereafter in this Act referred to as the Inspector-General)" shall be substituted;

[12] [In Section 1

The following Explanation shall be added, namely:-

Explanation.-- "Inspector General of Registration" means the Inspector-General of Registration appointed by the State Government under section 3 of the Indian Registration Act, 1908 (Central Act XVI of 1908). or any of the district authorities subordinate to the Inspector-General of Registration not below the rank of the District Registrar to whom powers may be delegated in respect of this Act.":]

[Goa

[13] [In Section 1

The existing section 1 shall be re-numbered as section 1A and;

(i) before section 1A as so re-numbered, the following section shall be inserted, namely:--

"1. Definitions.--

In this Act, unless the context otherwise requires,--

(a) "Inspector-General" means the Inspector-General of Registration appointed under section 3 of the Indian Registration Act, 1908 (Central Act 16 of 1908), and includes any of the District Authorities subordinate to the Inspector-General of Registration not below the rank of a District Registrar to whom powers may be delegated in respect of this Act;

(b) "notification" means notification published in the Official Gazette;

(d) "Registration of Societies Order" means the Registration of Societies Order, issued by the Lieutenant Governor of Goa, Daman and Diu under clause 2 of the Goa, Daman and Diu (Administration) Removal of Difficulties Order, 1962.".

(ii) in section 1A as so re-numbered, for the words "the Registrar of Joint Stock Companies" the words "the Inspector-General" shall be substituted.]

[Puducherry

[14] [In Section 1

The words "Registrar of Joint Stock Companies", the words "Registrar of Companies" shall be substituted.]

[Tamil Nadu

[15] [In Section 1

The words " the Registrar of Joint-stock Companies ", the words and brackets " the Inspector-General of Registration (hereafter in this Act referred to as the Inspector-General) " shall be substituted.]

[16] [In Section 1

The following Explanation shall be added, namely:--

" Explanation.--' Inspector-General of Registration ' means the Inspector-General of Registration appointed by the State Government under section 3 of the Indian Registration Act, 1908 (Central Act XVI of 1908), or any of the district authorities subordinate to the Inspector-General of Registration not below the rank of the District Registrar to whom powers may be delegated in respect of this Act.".]]]

Section 2 - Memorandum of association

The memorandum of association shall contain the following things, that is to say,--

the name of the society;

the object of the society;

the names, addresses, and occupations of the governors, council, directors, committee, or other governing body to whom, by the rules of the society, the management of its affairs is entrusted.

A copy of the rules and 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.

[STATE AMENDMENTS

[Gujarat

[17] [In Section 2

(1) Section 2 of the principal Act shall be re-numbered as sub-section (1) of that section, and(2) in sub-section (1) as so renumbered, after and below the words "the name of the society;" the following shall be inserted, namely:?

"the place of situation of the registered office of the society;

the addresses and occupations of the persons who have subscribed their names to the memorandum of association under section 1;";

(2) after sub-section (1) as so renumbered, the following sub-sections shall be inserted, namely:?

"(2) A society may, by a special resolution passed by a majority of not less than three-fifths of the total membership of the society, alter its memorandum of association.

(3) The alteration of the memorandum of association shall not take effect until, and except in so far as, it is sanctioned by the Registrar who shall, before granting such sanction, satisfy himself that the alteration is not such as would have the effect of making the society ineligible for registration under this Act.".]]]

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 [18] [the state Government] may, from time to time, direct; and all fees so paid shall be accounted for to [19] [the state Government].

[STATE AMENDMENTS

[ANDHRA PRADESH

[20] [in sections 3

for words "the registrar" wherever they occur, the words "the Inspector-General" shall be substituted.]

[Assam

[21] [After Section 3

the following shall be inserted as section 3A, namely:--

3A. "Name of society.

(1) No society shall be registered under a name which is identical with, or too nearly resembles, the name of any other society or any body corporate which has been previously registered or incorporated under this Act or any other law for the time being in force, as the case may be.

(2) No society shall use in its nomenclature any of the words, namely: --

"Union", "State", "Land Mortgage", "Gandhi", "Reserve Bank" or any word 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 connection with any local authority or any corporation or body constituted by the Government under any law for the time being in force except when the State Government signifies its consent to the use of such words as part of the name of a society by order in writing."]

[Haryana

[22] [In Section 3

The words "fifty rupees", the words "two hundred and fifty rupees" shall be substituted.]

[Himachal Pradesh

[23] [In Section 3

In its application to Himachal Pradesh for "Full stop" occurring in the end the "colon" shall be substituted and thereafter the following proviso added :

"Provided that the State Government may by notification in the Official Gazette exempt any particular society or class of societies from the payment of registration fee." ]

[24] [In Section 3

for "full stop" occuring in the end, the "colon" shall be substituted and thereafter the following proviso shall be added:--

"Provided that the State Government may, by notification in the Official Gazette, exempt any particular society or class of societies from the payment of registration fee.".]

[Kerala

[25] [In Section 3

The words "the Registrar" wherever they occur, the words "the Inspector-General" shall be substituted:]

[Goa

[26] [After Section 3

The following sections shall be inserted, namely:-

"3B. 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 five years from the date of issue:

Provided that a certificate of registration issued before the commencement of the Societies Registration (Goa Second Amendment) Act, 1998 (hereinafter in this section referred to as the "said Act"), shall remain in force for a period of one year from the date of such commencement.

(2) A society registered under section 3, whether before or after commencement of the said Act, shall, on application made to the Inspector-General on expiration of the period referred to in sub-section (1) and on payment of fees specified in sub-section (3), be entitled to have its certificate of registration renewed for five years, at a time:

Provided that in the case of a society registered before the commencement of the said Act, the Inspector-General 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 section 4A exist in respect thereof.

(3) There shall be paid to the Inspector-General with every application for renewal of certificate of registration-

(a) a fee equal to the registration fee payable under section 3 or Rs. 100/-, whichever is less, if such application is filed within the period specified under sub-section (2);

(b) an additional fee of Rs. 25/-, if such application is filed within one month of the date of expiration of the period specified under sub-section (2);

(c) an additional fee at the rate of Rs. 5/- per month or part thereof, if such application is filed beyond one month of the expiration of the period specified under sub-section (2).

(4) Every application for renewal of certificate of registration shall be accompanied by the list of members of the managing body or governing body, as the case may be, elected after the registration of society or after renewal of certificate of registration and also the certificate sought to be renewed, unless dispensed with by the Inspector-General on the ground of its loss or destruction or any other sufficient cause.

(5) A society which fails to get the 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 Inspector-General may, for sufficient cause, allow the application for renewal far mare than one year after the expiration of the period for which the certificate was operative, on payment of fees of Rs. 50/-.

(6) Where a certificate of registration is renewed in accordance with sub-section (2) or sub-section (4), such renewal shall operate from the date of expiration of the period for which the certificate was operative.

3C. Reference to the Government.-If any question arises whether any society is entitled to get itself registered in accordance with section 3 or to get it's certificate of registration renewed in accordance with section 3B, the matter shall be referred to the Government, and the decision of the Government thereon shall be final.".]

[27] [In Section 3

(i) for the words "the Registrar shall certify", the words "the Inspector-General shall, subject to the provisions of section 3A, certify" shall be substituted;

(ii) for the words "the Registrar for", the words "the Inspector-General for" shall be substituted.]

[28] [After Section 3

The following section shall be inserted, namely:--

"3A. Prohibition against registration of societies with undesirable names.--

No society shall be registered by a name which, in the opinion of the Inspector-General, is undesirable, being a name which is identical with, or which in the opinion of the Inspector-General so nearly resembles the name by which any other existing society has been previously registered as to be likely to deceive the public or members of either society, or which is being used without the previous permission of the Government concerned, and which suggests or is calculated to suggest the patronage of any Government or connection with any body constituted by any Government or local authority, or which may, subject to any rules made in this behalf, be deemed to be undesirable by the Inspector-General.

Provided that no order shall be passed under section 3A unless the party against whom such order is proposed to be passed is heard on the matter.".]

[Gujarat

[29] [In Section 3

The words "the Registrar shall certify" the words, figure and letter "the Registrar shall, subject to the provisions of section 3A, certify" shall be substituted.]

[30] [After Section 3

The following new section shall be inserted, namely:?

"3A. Prohibition against registration of societies with undesirable names.--

No Society shall be registered by a name which, in the opinion of the Registrar, is undesirable, being a name which is identical with, or which in the opinion of the Registrar, so nearly resembles the name by which any other existing society has been previously registered, as to be likely to deceive the public or members of either society or which, without the previous permission of the Government concerned, suggests or is calculated to suggest the patronage of that Government or connection with any body constituted by that Government or any local authority, or which may, subject to any rules made in this behalf, be deemed to be undesirable by the Registrar.".]

[Uttar Pradesh

[31] [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."]

[32] [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."]

[33] [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.]

[34] [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.]

[35] [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.".]

[36] [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.]

[Tamil Nadu

[37] [In Section 3

The words " the Registrar " wherever they occur, the words " the Inspector-General " shall be substituted.]]]

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

[ANDHRA PRADESH

[38] [in sections 4

for the words "the Registrar of Joint-stock Companies" wherever they occur, the words "the Inspector-General" shall be substituted.]

[Assam

[39] [After Section 4A

the following shall be inserted, as Section 4B, namely : --

4B. "Balance sheet and auditor's report to be forwarded to Registrar.

(1) Within thirty days after the holding of every-annual general meeting, there shall be filed with the Registrar of Societies a copy each of the balance-sheet and the auditor's report certified by the auditor under sub-section (2) of Section 5A.

Penalties

(2) 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 sub-section (1) he shall be punishable with fine which may extend to five hundred rupees."]

[Haryana

[40] [In Section 4

The following words shall be added at the end, namely:-

"There shall be paid to the Registrar for every list a fee of ten rupees."]

[Himachal Pradesh

[41] [In Section 4

For "full stop" occuring in the end, the "colon" shall be substituted and thereafter the following proviso shall be added:--

"Provided that the State Government may, by notification in the Official Gazette, exempt any particular society or class of societies from the payment of registration fee.".]

[Kerala

[42] [In Section 4

The words "the Registrar of Joint-stock Companies", the words "the Inspector-General" shall be substituted;]

[Goa

[43] [In Section 4

The words "the Registrar of Joint Stock Companies", the words "the Inspector-General" shall be substituted.]

[44] [After Section 4

The following section shall be inserted, namely:--

"4A. Power of Inspector-General to call for information or returns from governing body of society and provisions relating thereto.--

(1) The Inspector-General may serve or cause to be served, on the governing body entrusted with the management of the affairs of any society registered under this Act, a notice requiring it to furnish in such manner as may be prescribed, information or returns relating to persons employed by the society, their conditions of employment (including their emoluments, any contributions, concessions or other benefits and amenities provided for employees) and such other matters relating thereto, as may be prescribed.

(2) The form in which such information or returns shall be furnished, the particulars which they shall contain and the intervals (if any) in which such information or returns shall be furnished, shall be such as may be prescribed.

(3) The notice referred to in sub-section (1) may be served by post.

(4) No information or returns collected for the purposes of this section, shall, without the previous consent in writing of the society in relation to which the information or returns was given or made, be published in such manner as would enable any particulars to be identified as referring to a particular society.

(5) Except for the purposes of a prosecution under section 11A or under the Indian Penal Code (Central Act 45 of 1860), no person other than the Inspector-General or any person duly specified by him in this behalf, shall be permitted to see any information or returns furnished as aforesaid.

(6) No suit or other legal proceeding shall lie against the Inspector-General or any person acting under the authority of the Inspector-General in respect of anything in good faith done or intended to be done in pursuance of this section.".]

[Gujarat

[45] [After Section 4

The following new section shall be inserted, namely:?

"4A. Changes in managing body and rules to be filed.--

(1) Together with the list mentioned in section 4, there shall be sent to the Registrar a statement showing changes during the year to which the list relates in the personnel of Governors, council, directors, committee or other governing body to whom the management of the affairs of the society is entrusted and also a copy of the rules of the society corrected up to date and certified to be correct copy by not less than three of the members of the governing body.

(2) A copy of every alteration made in the rules of the society, certified to be a correct copy by not less than three members of the governing body, shall be sent to the Registrar within thirty days of the making of such alteration".]

[46] [After Section 4A

The following new section shall be inserted, namely:?

"4B. Power of Register to call for information or returns from governing body of society and provisions relating thereto.--

(1) The Registrar may serve, or cause to be served, on the authorised officer or any society registered under this Act, a notice requiring him to furnish in such manner as may be prescribed by rules, information or returns relating to persons employed by the society, their conditions of employment (including their emoluments, any contributions, concessions or other benefits and amenities provided for employees) and matters relating thereto, as may be prescribed by such rules and the authorised officer of the society on whom such notice is served, shall be bound to comply with the requirement stated therein.

(2) The form in which such information or returns shall be furnished, the particulars which they shall contain and the intervals (if any) at which such information or returns shall be furnished shall be such as may be prescribed by rules.

(3) The notice referred to in sub-section (1) may be served by post.

(4) No information or return collected for the purposes of this section shall, without the previous consent in writing of the society in relation to which the information or return was given or made, be published in such manner as would enable any particulars to be identified as referring to a particular society.

(5) Except for the purposes of a prosecution for an offence under section 11A or under the Indian Penal Code (XLV of 1860), no person other than the Registrar or any person duly authorised by him in this behalf, shall be permitted to sec or to have access to any information or return furnished as aforesaid.

(6) No suit or other legal proceeding shall lie against the Registrar or any person acting under the authority of the Registrar in respect of anything in good faith done or intended to be done in pursuance of this section.

Explanation.?In this section "authorised officer", in relation to any society, means such officer or employee of the society as may be authorised for the purposes of this section, by the rules and regulations of the society and in default of such authorisation by rules and regulations, by a resolution in writing by the society, and shall include,?

(i) where any officer or employee so authorised is unable to perform his duties by reason of absence due to leave or any other cause, any other officer or employee of the society who is in charge of the duties of the officer or employee so authorised during his absence, and

(ii) where no such officer or employee has been so authorised, any member of the governing body of the society.".]

[Puducherry

[47] [In Section 4

The words "Registrar of Joint Stock Companies", the words "Registrar of Companies" shall be substituted.]

[48] [After Section 4

The following section shall be inserted, namely:-

"4-A. Filing of Annual Accounts

(1) A copy of the balance sheet together with a statement of receipts and expenditure duly certified by at least two members of governing body and audited by a person who has been granted a certificate by the Government under Chartered Accountants Act, 1949 (No. 28 of 1949) or by a special auditor approved by Government shall also be filed with the Registrar of Companies, at the same time as required by section-4.

(2) A filing fee of rupees three each shall be paid along with the list and the balance sheet and copy of alteration to rules respectively referred to in section 4 and subsection (1) and (6) of section 4-A. The said fee may be paid either by cash or by crediting the amount to Government Treasury and by attaching the duplicate chalan to the documents.

(3) All societies registered under this Act shall hold every year a general meeting at which the report of the management of the institution for the previous year, together with an audited copy of the balance sheet, receipts and expenditure statement and the auditor's report shall be submitted for approval.

(4) A special meeting may be convened at any time on the requisition of the President or Chairman of the Executive Committee, if any, or on the requisition of not less than three members of the Executive Committee or seven members of the general body of the society, who shall state in writing the business for which they wish the meeting to be convened. The secretary shall convene a meeting of the society before the lapse of ten days from the date of the receipt of the requisition.

(5) If a member has no registered address in the Union territory and has not furnished to the society an address within the Union territory for serving notice to him, a notice advertised in two newspapers (one in English and the other in any one of the vernacular languages) circulating in the neighbourhood of the registered office of the society shall be deemed to be duly given to him on the day on which the advertisement appears.

(6) A copy of every alteration made in the rules and regulations of the society, certified to be a correct copy in the manner prescribed as aforesaid shall be sent to the Registrar within fifteen days of making of such alterations.

(7) If a society makes default in complying with the requirements of sections 4 and 4-A, it shall be liable to a fine not exceeding fifty rupees.".]

[Uttar Pradesh

[49] [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."]

[50] [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."]

[51] [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."]

[Tamil Nadu

[52] [In Section 4

The words, " the Registrar of Joint-stock Companies ", the words " the Inspector General " shall be substituted.]]]

Section 5 - Property of society how vested

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

[ANDHRA PRADESH

[53] [in sections 5

[54] [* * * * ]

[Assam

[55] [After Section 5

the following shall be inserted as Section 5A, namely:--

5A. "Books of account and audit.

(1) Every society shall keep at its registered office proper books of account in which shall be entered accurately :--

(a) all sums of money received and the source thereof and all sums of money expended by the society 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 auditor's report shall be certified by the auditor.

Explanation.--A duly qualified auditor means a chartered accountant within the meaning of the Chartered Accountants Act, 1949 (Act XXXVIII of 1949) or a person approved by the Registrar of Societies in this behalf.

Penalties

(3) If the Resident, 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 sub-section (1) or sub-section (2) he shall be punishable with fine which may extend to twenty rupees for every day after the detection of the default during which the default continues."]

[Bihar

[56] [In Section 5

for the words "civil and criminal" the words "civil, criminal and revenue" shall be substituted and shall be deemed always to have been substituted.]

[Uttarakhand

[57] [After Section 5

Section 5-A of the Societies Registration Act, 1860 shall be omitted.]

[Uttar Pradesh

[58] [After Section 5

The principal Act shall be omitted.]]]

Section 6 - Suits by and against societies

Every society registered under this Act may sue or be sued in the name of President, Chairman, or Principal Secretary, or trustees, as shall be determined by the rules and 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 trustees thereof, if on application to the governing body some other officer or person be not nominated to be the defendant.

Section 7 - Suits not to abate

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 proceeding shall be continued in the name of or against the successor of such person.

Section 8 - Enforcement of judgment against society

If a judgment shall be recovered against the person or officer named on behalf of the society, such judgment shall not be put in force against the property, movable or immovable, or against the body of such person or officer, but against the property of the society.

The application for execution shall set forth the judgment, the fact of the party against whom it shall have been recovered having sued or having been sued, as the case may be, on behalf of the society only, and shall require to have the judgment enforced against the property of the society.

[STATE AMENDMENTS

[Bihar

[59] [In Section 8

the word "judgment" wherever it occurs, the words "or decree" shall be inserted.]]]

Section 9 - Recovery of penalty accruing under bye-law

Whenever by any bye-law duly made in accordance with the rules and regulations of the society, or, if the rules do not provide for the making of bye-laws, by any bye-law made at a general meeting of the members of the society convened fort he purpose (for the ma king of which the concurrent votes of three-fifths of the members present at such meeting shall be necessary), any pecuniary penalty is imposed for the breach of any rule or bye-law 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 situate, as the governing body thereof shall deem expedient.

Section 10 - Members liable to be sued as strangers

Any member who may be in a near of a subscription which according to the rules 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 rules, or shall injure or destroy any properly of the society, may be sued for such arrear or for the damage accruing from such detention, injury, or destruction of the property in the manner hereinbefore provided.

Recovery by successful defendant of costs adjudged.--

But if the defendant shall be successful in any suit or other proceedings 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 the manner above described.

Section 11 - Members guilty of offences punishable as strangers

Any member of the society who shall steal, purloin, or embezzle any money or other property, or wilfully 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 not a member would be subject and liable to in respect of the like offence.

[STATE AMENDMENTS

[Goa

[60] [After Section 11

The following sections shall be inserted, namely:--

"11A. Penalty for contravening section 4A.--

If the governing body entrusted with the management of the affairs of any society registered under this Act required to furnish any information or returns--

(i) wilfully refuses or without lawful excuse neglects to furnish such information or returns as may be required under section 4A; or

(ii) wilfully furnishes or causes to be furnished any information or returns which it knows to be false; or

(iii) refuses to answer or, willfully gives a false answer to any question necessary for obtaining any information required to be furnished under section 4A,such governing body shall, for each such offence, on conviction, be punished with fine which may extend to fifty rupees.

11B. Penalty for improper disclosure of information or return.--

If the Inspector-General or any person duly authorized by him in connection with the collection of any information or returns under this Act willfully discloses any information or contents of any returns given or made under this Act otherwise than in the execution of his duties under this Act or for the purposes of prosecution, of an offence under this Act or the Indian Penal Code (Central Act 45 of 1860), he shall, on conviction, be punished for such offence with fine which may extend to two hundred rupees.

11C. Cognizance of offences.--

No prosecution for an offence under section 11A shall be instituted, except by or with the sanction of, the Inspector-General, and no prosecution for an offence under section 11B shall be instituted except by or with the consent of the Government.".]

[Gujarat

[61] [After Section 11

The following new sections shall be inserted, namely:?

"11A. Penalty for contravening section 4B.--

If any authorised officer of a society who is required to furnish any information or return under sub-section (1) of section 4B,

(i) wilfully refuses or without lawful excuse neglects to furnish such information or return as maybe required under section 4B; or

(ii) wilfully furnishes or causes to be furnished any information or return which he knows to be false; or

(iii) refuses to answer or willfully gives a false answer to any question necessary for obtaining any information required to be furnished under section 4B.such authorised officer shall, on conviction, be punished for each such offence with fine which may extend to two hundred rupees.

11B. Penalty for improper disclosure of information or return.--

If the Registrar or any person duly authorised by him in connection with the collection of any information or returns under this Act willfully discloses any information or the contents of any return given or made under this Act otherwise than in the execution of his duties under this Act or for the purposes of the prosecution for an offence under this Act or under the Indian Penal Code (XLV of 1860), he shall, on conviction, be punished for such offence with fine which may extend to two hundred rupees.

11C. Sanction for prosecution.--

No prosecution for an offence under section 11A shall be instituted, except by, or with the sanction of, the Registrar, and no prosecution for an offence under section 11B shall be instituted except by, or with the consent of, the State Government."]]]

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

[Assam

[62] [After Section 12

the following shall be inserted, namely:--

"12A. Change of name.--

Any society registered under this Act 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 and subject to the provisions of section 12B, change its name.

12B. Notice of change of name.--

(1) Notice in writing of every change of name, signed by the Secretary and, by seven members of the society changing its name, shall be sent to the Registrar;

(2) 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, the Registrar shall refuse to register the change of name.

(3) Save as provided in sub-section (2), 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 the change of name shall have effect from the date of such registration.

12C. Effects of change of name.--

The change in the name of a society registered under this Act 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".]

[Delhi

[63] [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.]

[64] [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."]

[Himachal Pradesh

[65] [In Section 12

The words "other society", '"," shall be omitted and thereafter 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.]

[66] [After Section 12

The following new sections shall be inserted, namely:--

"12-A. 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 of societies 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 meet circumstances of the case. On the issue of such 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 and all fees so paid shall be accounted for to the State Government.

12-B 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 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.".]

[Goa

[67] [In Section 12

The words "either wholly or partially with any other society" the words "or to change the name of the society" shall be inserted.]

[68] [After Section 12

The following sections shall be inserted, namely:--

"12A. Registration of change of name.--

(1) Where a proposition for change of name of a society has been agreed to and confirmed in the manner specified in section 12, a copy of the proposition so agreed to and confirmed shall be forwarded to the Inspector-General for registering the change of name.

(2) If the proposed change of name is in his opinion undesirable for any of the reasons mentioned in section 3A, the Inspector-General shall refuse to register the change of name.

(3) Save as provided in sub-section (2), the Inspector-General shall, if he is satisfied that the provisions of the Act in respect of the 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.

(4) The Inspector-General shall charge for any copy of a certificate issued under sub-section (3) a fee of one rupee and all fees so paid shall be accounted for to the Government.

(5) 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 Inspector-General, 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 such direction or such longer period as the Inspector-General may think fit to allow, in accordance with the provisions of this Act.

12B. Effect of change of name.--

The change of name of a society shall not affect any right or obligation of the society or render defective any legal proceeding by or against the society, 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 Inspector-General, and shall contain such particulars as may be prescribed.

(3) The accounts of a Society shall be balanced each year on the 31st day of March or such other date as may be fixed by the Inspector-General.

(4) The accounts of a society shall be audited annually in such manner as may be prescribed and by a person who is a chartered accountant within the meaning of the Chartered Accountants Act, 1949 (Central Act 38 of 1949), or by such persons as may be authorized in this behalf by the Government.

12D. Auditor's duty to report irregularity.--

(1) It shall be the duty of every auditor, auditing the accounts of a society under section 12C to prepare a report relating to auditing such account and forward a copy of the same to the Inspector-General.

(2) The auditor shall, in his report, specify all cases of irregular, illegal or improper expenditure, or failure or omission to recover moneys or other property thereof, and state whether such expenditure, failure, omission, loss or waste was caused in consequence of breach of trust, or misappropriation or any other misconduct on the part of the governing body or any other person.".]

[Gujarat

[69] [After Section 12

(a) in sub-section (1), for the portion beginning with the words "If the proposed name" and ending with the words "or the members of cither society", the words, figure and letter "If the proposed change in name is in the opinion of the Registrar undesirable for any of the reasons mentioned in section 3A" shall be substituted;

(b) after sub-section (3), the following sub-section shall be added, namely:?

"(4) If, through inadvertence or otherwise, a society is registered by a name, by which it should not have been registered having regard to the provisions of section 3A, the Registrar may, after hearing the society 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 or within such longer period as the Registrar may think fit to allow, in accordance with the provisions of this Act.".]

[70] [After Section 12C

The following new sections shall be inserted, namely:?

"12D. Maintenance of accounts and their balancing and auditing.--

(1) Every governing body entrusted with the management or the affairs of a society registered under this Act (not being a public trust within the meaning of the Bombay Public Trusts Act, 1950(Bom. XXIX of 1950)) 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 thirty-first 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, by a person who is a Chartered Accountant within the meaning of the Chartered Accountants Act, 1949(38 of 1949) or by such other persons as may be authorised in this behalf by the State Government.

12E. 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 12D to prepare an income and expenditure account and a balance sheet and to forward a copy of the same to the Registrar.

(2) The auditor shall in his report specify all eases of irregular, illegal or improper expenditure, or failure or omission to recover moneys or other properly 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 cruised in consequence of breach of trust, or misapplication of money or other property belonging to the society or any other misconduct on the part of the governing body or any other person.".]

[Puducherry

[71] [After Section 12

The following sections shall be inserted, namely:-

"12-A. Change of name

Any number not less than three-fifths of the members of any society registered under section 3 may subject to the provisions of section 12-B, by a resolution or otherwise change its name.

12-B. 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, a copy of the proposition so agree to and confirmed shall be forwarded to the Registrar of Companies for registering the change of name.

(2) Save as provided in section 18-A, 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. 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 and all fees so paid shall be accounted for to the Government.

12-C. 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 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".]

[Uttar Pradesh

[72] [After Section 12

The following sections shall be inserted, namely:--

"12-A. Change of name

Any society registered under this Act may, with the consent of not less than two-thirds of the total number of its members, change its name by resolution passed at a general meeting convened for the purpose.

12-B. Notice of change of name or objects

(1) Notice in writing of every change of objects made under section 12 or of name made under section 12-A signed by the secretary and any three other members of the society shall be sent to the Registrar.

(2) Where the Registrar is satisfied that the provisions of this Act in respect of objects or name of society and in respect of change of objects or of name, as the case may be, have been complied with, he may subject to the provisions of section 12-C register the charge of name which shall have effect from the date of such registration.

12-C. Effect of change of name or objects

The change in the objects or name of a society shall not affect any rights or obligations of the society, nor render defective any legal proceedings 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.

12-D. Registrar's power to cancel registration in certain circumstances

(1) Notwithstanding anything contained in this Act, the Registrar may, by order in writing, cancel the registration of any society on any of the following grounds: --

(a) that the registration of the society or of its name or change of name was contrary to the provisions of this Act or of any other law for the time being in force;

(b) that its activities or proposed activities have been or are or will be subversive of the objects of the society or opposed to public policy:

Provided that no order of cancellation of registration of any society shall be passed until the society has been given a reasonable opportunity of altering its name or object or of showing cause against the action proposed to be taken in regard to it.

(2) An appeal against an order made under sub-section (1) may be preferred to the State Government within one month from the date of communication of such order.

(3) The decision of the State Government under sub-section (2), shall be final and shall not be called in question in any court."]

[West Bengal

[73] [In Section 12

After 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.]

[74] [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 of Joint Stock Companies 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 meet 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 and all fees so paid shall be accounted for to the State Government.

12B. Effect of change of name

The change in the name of a society shall not affect rights or obligations of either the members who were admitted prior to the change or 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. Registration of change of names effected in certain cases

If any society registered under this Act has, before the date of the coming into force of the Societies Registration (West Bengal Amendment) Act, 1950, intimated to the Registrar of Joint-Stock Companies 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 13 - Provision for dissolution of societies and adjustment of their affairs

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 then agreed upon, and all necessary steps shall be taken for the disposal and settlement of the property of the society, its claims and liabilities, according to the rules 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 is situate; and the Court shall make such order in the matter as it shall deem requisite.

Assent required.

Provided that no society shall be dissolved unless three-fifths of the members shall have expressed a wish for dissolution by their voles delivered in person, or by proxy, at a general meeting convened for the purpose:

Government consent.

Provided that[75] [whenever any Government] is a member of, or a contributor to, or otherwise interested in any society registered under this Act, such society shall not be dissolved [76] [without the consent of the Government of the[77] [State] of registration].

[STATE AMENDMENTS

[Assam

[78] [In Section 13

(a) after the words "as the governing body" the words "or special Committee formed to replace the governing body in respect of all matters affecting the winding up of the affairs of the Society" shall be inserted;

(b) after the words "the said governing body" the words "should it not have been replaced by the aforesaid special Committee in respect of all matters affecting the winding up of the Society, or the said special Committee", shall be inserted.

(2) After section 13 of the Act, the following proviso shall be inserted as the first proviso, namely:

Provided that any matter decided by three-fifths of those present either in person or by proxy at any meeting of the members of the Society or of the governing body thereof or of any special Committee appointed at a General Meeting for the purpose of winding up of the affairs of a Society shall not be deemed to be a matter of dispute within the meaning of this section.]

[Uttar Pradesh

[79] [In Section 13

The words, "chief building of the society" the words, "registered office of the society" shall be substituted.]

[80] [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;

(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."]]]

Section 14 - Upon a dissolution no member to receive profit

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

[Assam

[81] [In Section 14

after the words "some other Society", the words "whether registered under this Act or not," shall be inserted.]

[Bihar

[82] [After Section 14

the following new section shall be inserted, namely:--

"14A. 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 Government to be utilised for any of the purposes referred to in section 1."]

[Goa

[83] [In Section 14A

The following section shall be inserted, namely:--

"14A. 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 dissolution of such society that any property whatsoever remaining after the satisfaction of all its debts and liabilities shall be given to Government to be utilized for any of the purposes referred to in section 1A.".]

[Tripura

[84] [After Section 14

Insert the following new section, namely--

"14A. 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 of Tripura to be utilised for any of the purposes referred to in section 1."]

[Uttar Pradesh

[85] [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."]]]

Section 15 - Member defined

For the purposes of this Act member of a society shall be a person who, having been admitted therein according to the rules and regulations thereof, shall have paid a subscription, or shall have signed the roll or list of members thereof, and shall not have resigned in accordance with such rules and regulations;

Disqualified members.--but in all proceedings under this Act no person shall be entitled to vote or be counted as a member whose subscription at the lime shall have been in arrears for a period exceeding three months.

Section 16 - Governing body defined

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

[86] [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."]

Section 17 - Registration of societies formed before Act

Any company or society established for a literary, scientific or charitable purpose, and registered under Act 43 of 1850[87], or any such society established and constituted previously to the passing of this Act but not registered under the said Act 43 of 1850[88], may at any time hereafter be registered as a society under this Act;

Assent required.--

Subject to the proviso that no such company or society shall be registered under, this Act unless an assent to its being so registered has been given by three-fifths of the members present personally, or by proxy, at some general meeting convened for that purpose by the governing body.

In the case of a company or society registered under this Act 43 of 1850, the directors shall be deemed to be such governing body.

In the case of a society not so registered, if no such body shall have been constituted on the establishment of the society, it shall be competent for the members thereof, upon due notice, to create for itself a governing body to act for the society thenceforth.

[STATE AMENDMENTS

[Bihar

[89] [For section 17

the following section shall be substituted, namely:--

"17. Registration of society formed under other Acts.--

Any company or society established for a literary, scientific or charitable purpose, and registered under the Indian Companies Act, 1913 (VII of 1913) or under the Companies Act, 1956 (I of 1956), and not registered under this Act, may, at any time hereafter, be registered as a society under this Act:

Provided that no such company or society shall be registered under this Act unless an assent to its being so registered has been given by three-fifths of the members present there personally or by proxy, at some general meeting convened for the purpose by the governing body.

In case of a company or society registered under the Indian Companies Act, 1913 (VII of 1913) or the Companies Act, 1956 (I of 1956), the directors of the said company or society, as the case may be, shall be deemed to be such governing body.

[Goa

[90] [In Section 17

(1) for the words and figures "Act 43 of 1850", wherever they occur, the words, "the Registration of Societies Order" shall be substituted.

(2) for the words "passing of this Act" the words "commencement of this Act in this Union territory" shall be substituted.]]]

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 [91] [***] 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

[ANDHRA PRADESH

[92] [in sections 18

for the words "the Registrar of Joint-stock Companies" wherever they occur, the words "the Inspector-General" shall be substituted.]

[Himachal Pradesh

[93] [In Section 18

The words "of Joint Stock Companies" shall be committed.]

[Kerala

[94] [In Section 18

The words "the Registrar of Joint-stock Companies", the words "the Inspector-General" shall be substituted;]

[Goa

[95] [In Section 18

The words "the Registrar of Joint Stock Companies",--The words "the Inspector-General" shall be substituted.]

[Puducherry

[96] [in Section 18

The words "Registrar of Joint Stock Companies", the words "Registrar of Companies" shall be substituted.]

[97] [After Section 18

The following section shall be inserted, namely:-

"18-A. Power of Registrar to refuse registration in certain cases

(1) The registrar shall refuse to register---

(a) a society under section 3,

(b) the change of names made under section 12-A, or

(c) a society under section 17,if the proposed name of such society is undesirable or identical with that by which any other existing society has been registered or in the opinion of Registrar so nearly resembles such other name as to be likely to deceive the public or the members of either society.

(2) If any two or more societies which have been registered with identical names or with names which, in the opinion of the Registrar, so nearly resemble each other as to be likely to deceive the public or the members of such societies, the society which was so registered first of all shall continue to function under its original name and other such societies shall change and may be required by the Registrar to change their names suitably within a period of six months from the commencement of this Act.".]

[Tamil Nadu

[98] [In Section 18

The words, " the Registrar of Joint-stock Companies ", the words " the Inspector General " shall be substituted.]]]

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

[ANDHRA PRADESH

[99] [Iin sections 19

for words "the registrar" wherever they occur, the words "the Inspector-General" shall be substituted.]

[Assam

[100] [In Section 19

Substitute the words "fifteen nayepaise" for the words "two annas" in between the words "payment of" and "for every hundred words".]

[Haryana

[101] [In Section 19

(i) for the words "one rupee", the words "twenty rupees" shall be substituted; and

(ii) for the words "twenty-five nayepaise for every hundred words", the words "ten rupees per page or part thereof" shall be substituted.]

[Himachal Pradesh

[102] [In Section 19

The word "two annas" the words "twenty-five paise" shall be substituted.]

[Kerala

[103] [In Section 19

The words "the Registrar" wherever they occur, the words "the Inspector-General" shall be substituted:]

[Goa

[104] [In Section 19

(i) for the words "Any persons may inspect", the words "Except as otherwise provided by section 4A, any person may inspect" shall be substituted;

(ii) for the words "The Registrar", the words "the Inspector-General" shall be substituted;

(iii) for the words "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", the words "or may require the Inspector-General to give him a certified copy or extract of any document or any part thereof on payment of such fee as the Government or any officer authorized by it may by notification in the Official Gazette fix in that behalf" shall be substituted.]

[Gujarat

[105] [In Section 19

The the words "Any person may inspect" the words, figure and letter "Except as otherwise provided by section 4B, any person may inspect" shall be substituted.]

[Puducherry

[106] [In Section 19

The words "two annas", the words "fifteen paise" shall be substituted.]

[Uttar Pradesh

[107] [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.]

[Tamil Nadu

[108] [In Section 19

The words " the Registrar " wherever they occur, the words " the Inspector-General " shall be substituted.]]]

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,[109] [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

[Bihar

[110] [In section 20

the words "science, literature", the words "industry, agriculture" shall be inserted.]

[111] [After section 22

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

"23. Cancellation of registration in certain cases.--

(1) Notwithstanding anything contained in this Act, the Inspector-General of Registration may, by order in writing, cancel the registration of any society registered under this Act whose office has ceased to be in the State of Bihar by reason of the reorganisation of States or change of the office from the State of Bihar to another State:

Provided that the Inspector-General of Registration shall, before passing an order, make such inquiry as he considers necessary.

(2) An appeal against an order made under sub-section (1) may be preferred in such manner, within such time and to such authority as may be prescribed and such authority shall consider and dispose of such appeals in the prescribed manner.

(3) The decision of the, appellate authority under sub-section (2) shall be final.

24. Power of the State Government to make rules

(1) The State Government may, after previous publication, make rules not inconsistent with this Act for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, the State Government may make rules?

(a) prescribing the form of the Register of Societies and the mode in which entries relating to registration are to be made therein, and the mode in which such entries are to be amended or notes made therein;

(b) regulating the filing of documents received by the Inspector-General of Registration;

(c) prescribing the authority before whom and the time within which an appeal shall be preferred under sub-section (2) of section 23 and the manner in which such appeals shall be considered and disposed of;

(d) prescribing conditions for the inspection of original documents;

(e) regulating the grant of copies of documents; and

(f) providing for any other matter for which there is no provision or insufficient provision in this Act and for which provision is, in the opinion of the State Government, necessary for giving effect to the purposes of this Act."]

[Delhi

[112] [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.]

[Himachal Pradesh

[113] [After Section 20

The following new section shall be inserted, namely:--

"21. Cognizance of Offences.--

No court inferior to that of a magistrate of the first class shall try any offence under this Act, non shall cognizance of any such offence be taken except on a complaint in writing by the Registrar on any person authorised by him in writing in this behalf..]

[114] [In Section 20

The words "established for the promotion of" and before the word "science" the words "Khadi and Village Industry, Rural Development," shall be inserted.]

[Goa

[115] [After Section 20

The following sections shall be inserted, namely:-

"20A. Investigation of affairs of society.-

(1) Where, on information received under section 4A or otherwise, or in circumstances referred to in section 12D, the Inspector-General is of the opinion that there is apprehension that the affairs of the society registered under this Act, are being so conducted as to defeat the objects of the society or that the society or its governing body, by whatever name called, or any officer thereof in actual effective control of the society is guilty of mismanaging its affairs or of any breach of fiduciary or other like obligations, the Inspector-General may, either himself or by any person appointed by him in that behalf, inspect or investigate into the affairs of the society or inspect any institution managed by the society.

(2) It shall be the duty of every officer of the society when so required by the Inspector-General or other person appointed under sub-section (7), to produce any books of accounts or other records of or relating to the society which are in his custody or to give him all assistance in connection with such inspection or investigation.

(3) The Inspector-General or other person appointed under sub-section (7) may, call upon and examine on oath any officer, member or employee of the society in relation to the affairs of the society and it shall be the duty of every officer, member or employee, when called upon, to appear before him for such examination.

(4) The Inspector-General or other person appointed under sub-section (1) may, if in his opinion it is necessary for the purpose of inspection or investigation, seize any or all the records including the accounts books of the society:

Provided that any person from whose custody such records are seized, shall be entitled to make such copies thereof, in the presence of the person having the custody of such records.

(5) On the conclusion of the inspection or investigation, as the case may be, the person, if any, appointed by the Inspector--General to investigate or inspect, shall make a report to the Inspector-General on the result of his inspection or investigation.

(6) The Inspector-General may, after such investigation or inspection, give such directions to the society or its governing body or any officer thereof, as he may think fit, for the removal of any defects or irregularities within such time as may be specified and in the event of default in taking action in accordance with such directions, the Inspector-General may proceed to take action under section 12D.

20B. Penalty.-If any person willfully makes or cases to be made any false entry in, or any omission from, the list required by section 4 or in or from any statement of copy of rules or of alteration of rules sent to the Inspector-General or neglects or refuses to make its accounts or other documents available for audit as required by section 12D or willfully fails to produce any book of account or other records as required by sub-section (2) of section 20A or willfully fails to appear before the Inspector-General or other person appointed by him or otherwise contravenes any of the provisions of sub-section (3) of section 20A, shall be punishable with fine which may extend to Rs. 2000/-.

20C. Cognizance of offence.-No court inferior to that of Magistrate of First Class, shall try any offence punishable under this Act, nor shall cognizance of any such offence be taken except on a complaint made by the Inspector-General or any other person authorised in writing by him, by general or special order in this behalf.

20D. Power to compound offence.-

(1) The Government may, by notification in the Official Gazette, empower the Inspector-General or any officer authorised in this behalf, to accept from any person against whom a reason (sic) exists that he has committed any offence punishable and section 20B or against whom a prosecution under that section has been instituted, a sum of money by way of composition fee for the offence which such person is suspected or accused to have committed.

(2) On payment of such composition fee, the suspected person, if in custody, shall be discharged and no other proceedings shall be taken against him, and if prosecution against such person had been instituted, the composition shall have the effect of his acquittal.

20E. Indemnity.-No suit, prosecution or other legal proceedings shall lie in any court against the Government, the Inspector-General or against any person appointed for inspection or investigation under section 20A, for anything in good faith done or intended to be done under this Act or rules made thereunder."]

[116] [After Section 20

The following section shall be inserted, namely:--

"21. Powers to make rule.--

(1) The Government may, subject to the condition of previous publication, make rules for carrying out the purposes of this Act.

(2) Every rule made under this section shall be laid as soon as may be after it is made, before the Legislative Assembly of Goa, Daman and Diu, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the sessions immediately following the session or the successive sessions aforesaid; the Assembly agrees in making any modification in any such rule or the Assembly agrees that 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 the rule.".]

[Gujarat

[117] [After Section 21

The following new sections shall be inserted, namely:?

"22. Penalties.--

(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 4, he shall, on conviction, be punished with fine which may extend to five hundred rupees and in the case of a continuing breach, shall also be punished with fine not exceeding fifty rupees for each day, during the period the breach continues after first conviction for such offence.

(2) If any person wilfully makes or causes to be made any false entry in, or any omission from the list required by section 4, or in or from any statement or copy of rules or alterations in rules sent to the Registrar under section 4A, he shall, on conviction, be punished with fine which may extend to two thousand rupees.

23. Trial of offences.--

(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."]

[118] [In Section 20

(1) in sub-section (1) for (he words "science, literature" the words "science, literature, sport." shall be substituted;

(2) sub-section (2) shall be deleted.]

[119] [After Section 20

In section 23 of the principal Act, in sub-section (2) after the words "punishable under this Act" the words, figures and letter "other than an offence punishable under section 11B," shall be inserted.]

[120] [After Section 23

The following new section shall be inserted, namely:?

"24. Power to make rules.--

(1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing provision, such rules may be made for all or any of the matters expressly required or allowed by this Act to be prescribed by rules.

(3) The power to make rules confers d by this section is subject to the conditions of the rules being made after previous publication.

(4) All rules made under this section shall be laid for not less than thirty days before the Stale. Legislature as soon at possible after they are made and shall be subject to rescission by the State Legislature or to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.

(5) Any rescission or modifications so made by the State Legislature shall be published in the Official Gazette, and shall thereupon take effect."]

[Puducherry

[121] [In Section 20

The words "instruments or designs", the words "the dissemination of social, economic education; promotion of the interest or welfare of the public or a section of the public or of non-trading associations with objects confined to the Union territory and any other object as may be notified by the Government as being beneficial to the public or to a section of the public" shall be inserted.]

[122] [After Section 20

The following sections shall be inserted, namely:-

"21. Inspection and investigation

(1) Every society shall be inspected at least once in two years by the Registrar or an officer authorised by him in this behalf who shall be entitled to inspect the premises of any society and shall also be entitled to call for such information or explanation within such time as may be specified.

(2) Where it appears to the Registrar that the affairs of a society call for investigation, the Registrar may appoint a certified auditor to investigate the affairs of such society and may fix his remuneration which shall be borne by the society.

22. Defunct action

Where default is made by a society in filing with the Registrar any change in the Memorandum of Association (or in filing with him the returns required by sections 4 and 4-A), a Registrar may, after calling upon such society to furnish details of such change (or to submit such returns) within a specified time and on the failure of the society to do so, treat the society as having become defunct (and cause a notification of such decision to be published in the Official Gazette), whereupon the incorporation of the society under this Act shall cease:

Provided that the liability, if any, of the members of the governing body or the members of the society, as the case may be, shall continue and may be enforced as if the society had not become defunct.

23. Penalties

If any person wilfully makes or causes to be made any false entry in, or any omission from, the list required by section 4, or in or from any statement of copy of rules or of alterations in rules sent to the Registrar of Companies under section 4-A, he shall, on conviction, be punishable with fine which may extend to two thousand rupees.

24. Cognizance of offences

No Court inferior to that of a Magistrate of the first class shall try any offence punishable under this Act, nor shall cognizance of any such offence be taken except on a complaint in writing by the Registrar of any person authorised by him in writing in this behalf.

25. Power to make rules

(1) The 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 prescribe---

(a) the maintenance of the register of societies and other books, if any, by the Registrar;

(b) the forms under which the Registrar shall issue certificates of registration of a society, change of name, etc.;

(c) the forms and notices under which every society shall intimate the Registrar regarding the amendments to its memorandum or rules and regulations; and

(d) any other matter which is to be or may be prescribed.

(3) All rules made under this Act shall, as soon as may be after they are made, be laid before the Legislative Assembly, Puducherry, while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following, the Assembly makes any modification in the rule or decides that 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 to anything previously done under that rule.".]

[Uttar Pradesh

[123] [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] The original title of this Act was a long one, the Indian Short Titles Act, 1897 (14 of 1897) has given this short title.

[2] Inserted by Act 22 of 1927.

[3] Substituted by Societies Registration (Delhi Amendment) Act, 1983.

[4] Substituted by Societies Registration (Delhi Amendment) Act, 1983.

[5] Substituted by Societies Registration (Gujarat Amendment) Act, 1978.

[6] Words and figures "under Act No. 19 of 1857" omitted by Act 16 of 1874.

[7] Substituted vibe Societies Registration (Andhra Pradesh) (Andhra Area) Amendment Act, 1954.

[8] Substituted for the words "District Registrar'' by the Third Sch. to Act VI of 1956.

[9] Substituted Vibe Societies Registration (Assam Fourth Amendment) Act, 1957.

[10] Substituted by Societies Registration (Himachal Pradesh Amendment) Act, 1973.

[11] section 1 shall be Inserted and section 1A shall be Substituted by Societies Registration (Goa First Amendment) Act, 1979.

[12] section 1 shall be Inserted and section 1A shall be Substituted by Societies Registration (Goa First Amendment) Act, 1979.

[13] section 1 shall be Inserted and section 1A shall be Substituted by Societies Registration (Goa First Amendment) Act, 1979.

[14] Substituted by Societies Registration (Puducherry Amendment) Act, 1969.

[15] Substituted by Societies Registration (Madras Amendment) Act, 1954 (Act 24 of 1954).

[16] Added by Societies Registration (Madras Amendment) Act, 1954 (Act 24 of 1954).

[17] . Inserted by Societies Registration (Gujarat Amendment) Act, 1978.

[18] Substituted by the Adaptation of Laws Order, 1950, for "Provincial Government".

[19] Substituted by the Adaptation of Laws Order, 1950, for "Provincial Government".

[20] Inserted by Societies Registration (Andhra Pradesh) (Andhra Area) Amendment Act, 1954.

[21] Inserted by Societies Registration (Assam Sixth Amendment) Act, 1967.

[22] Substituted by Societies Registration (Haryana Amendment) Act, 2001.

[23] Substituted by Societies Registration (Himachal Pradesh Amendment) Act, 1965.

[24] Added by Societies Registration (Himachal Pradesh Amendment) Act, 1973.

[25] Substituted by Societies Registration (Madras Amendment) Act, 1954(Kerala).

[26] Inserted by Societies Registration (Goa Second Amendment) Act, 1998.

[27] Substituted by Societies Registration (Goa First Amendment) Act, 1979.

[28] Inserted by Societies Registration (Goa First Amendment) Act, 1979.

[29] Substituted by Societies Registration (Gujarat Amendment) Act, 1978.

[30] ?Inserted by Societies Registration (Gujarat Amendment) Act, 1978.

[31] Substituted by Societies Registration (Uttar Pradesh Amendment) Act, 1975 (Act 52 of 1975).

[32] ?Inserted by Societies Registration (Uttar Pradesh Amendment) Act, 1975 (Act 52 of 1975).

[33] Inserted by Societies Registration (Uttar Pradesh Amendment) Act, 1978 (Act 13 of 1978).

[34] Substituted by Societies Registration (Uttar Pradesh Amendment) Act, 1978 (Act 13 of 1978).

[35] Substituted by Societies Registration (Uttar Pradesh Amendment) Act, 2000 (Act 08 of 2000).

[36] Substituted by Societies Registration (Uttar Pradesh Amendment) Act, 2000 (Act 08 of 2000).

[37] Substituted by Societies Registration (Madras Amendment) Act, 1954 (Act 24 of 1954).

[38] ?Inserted by Societies Registration (Andhra Pradesh) (Andhra Area) Amendment Act, 1954.

[39] Inserted by Societies Registration (Assam Sixth Amendment) Act, 1967.

[40] . Added by Societies Registration (Haryana Amendment) Act, 2001.

[41] Added by Societies Registration (Himachal Pradesh Amendment) Act, 1973.

[42] Substituted by Societies Registration (Madras Amendment) Act, 1954(Kerala).

[43] Substituted by Societies Registration (Goa First Amendment) Act, 1979.

[44] Inserted by Societies Registration (Goa First Amendment) Act, 1979.

[45] Inserted by Societies Registration (Gujarat Amendment) Act, 1965.

[46] ?Inserted by Societies Registration (Gujarat Amendment) Act, 1978.

[47] Substituted by Societies Registration (Puducherry Amendment) Act, 1969.

[48] Inserted by Societies Registration (Puducherry Amendment) Act, 1969.

[49] Inserted by Societies Registration (Uttar Pradesh Amendment) Act, 1975 (Act 52 of 1975).

[50] Inserted by Societies Registration (Uttar Pradesh Amendment) Act, 1975 (Act 52 of 1975).

[51] Inserted by Societies Registration (Uttar Pradesh Amendment) Act, 2013 (Act 23 of 2013).

[52] ?Substituted by Societies Registration (Madras Amendment) Act, 1954 (Act 24 of 1954).

[53] Added by Societies Registration (Andhra Pradesh) (Andhra Area) Amendment Act, 1954.

[54] Section 5 was omitted by ibid.

[55] Inserted by Societies Registration (Assam Sixth Amendment) Act, 1967.

[56] Inserted by Societies Registration (Bihar Amendment) Act, 1959.

[57] Omitted by Societies Registration (Uttarakhand Amendment) Act, 2014.

[58] Omitted by Societies Registration (Uttar Pradesh Amendment) Act, 2009 (Act 13 of 2009).

[59] Inserted by Societies Registration (Bihar Amendment) Act, 1959.

[60] Inserted by Societies Registration (Goa, Daman and Diu First Amendment) Act, 1979.

[61] Inserted by Societies Registration (Gujarat Amendment) Act, 1978.

[62] Inserted by Societies Registration (Assam First Amendment) Act, 1948.

[63] Inserted by Societies Registration (Delhi Amendment) Act, 1954.

[64] Inserted by Societies Registration (Delhi Amendment) Act, 1954.

[65] Inserted by Societies Registration (Himachal Pradesh Amendment) Act, 1973.

[66] Inserted by Societies Registration (Himachal Pradesh Amendment) Act, 1973.

[67] Inserted by Societies Registration (Goa, Daman and Diu First Amendment) Act, 1979.

[68] Inserted by Societies Registration (Goa, Daman and Diu First Amendment) Act, 1979.

[69] Sub-section (1) shall be Substituted and Sub-section (4) shall be Added by Societies Registration (Gujarat Amendment) Act, 1978.

[70] ?Inserted by Societies Registration (Gujarat Amendment) Act, 1978.

[71] Inserted by Societies Registration (Puducherry Amendment) Act, 1969.

[72] Inserted by Societies Registration (Uttar Pradesh Amendment) Act, 1975 (Act 52 of 1975).

[73] Inserted by Societies Registration (West Bengal Amendment) Act, 1950 (Act 16 of 1950).

[74] Inserted by Societies Registration (West Bengal Amendment) Act, 1950 (Act 16 of 1950).

[75] Substituted by the Adaptation of Indian Laws Order, 1937, for "whenever the Government".

[76] Substituted by the Adaptation of Indian Laws Order, 1937, for "without the consent of the Government of state of Registration".

[77] Substituted by the Adaptation of Laws Order, 1950, for "Province".

[78] Inserted by Societies Registration (Assam Second Amendment) Act, 1948.

[79] Substituted by Societies Registration (Uttar Pradesh Amendment) Act, 1975 (Act 52 of 1975).

[80] Inserted by Societies Registration (Uttar Pradesh Amendment) Act, 1975 (Act 52 of 1975).

[81] Inserted by Societies Registration (Assam Second Amendment) Act, 1948.

[82] Inserted by Societies Registration (Bihar Amendment) Act, 1959.

[83] Inserted by Societies Registration (Goa, Daman and Diu First Amendment) Act, 1979.

[84] Inserted by Societies Registration (Tripura Amendment) Act, 1969.

[85] Inserted by Societies Registration (Uttar Pradesh Amendment) Act, 1975 (Act 52 of 1975).

[86] Inserted by Societies Registration (Uttar Pradesh Amendment) Act, 1975 (Act 52 of 1975).

[87] Act 43 of 1850 i.e. the Joint Stock Companies Act, 1850 stands repealed by section 219 of the Indian Companies Act, 1866 (10 of 1866), the Indian Companies Act, 1866 also stands repealed by Companies Act, 1956 (1 of 1956).

[88] Act 43 of 1850 i.e. the Joint Stock Companies Act, 1850 stands repealed by section 219 of the Indian Companies Act, 1866 (10 of 1866), the Indian Companies Act, 1866 also stands repealed by Companies Act, 1956 (1 of 1956).

[89] Substituted by Societies Registration (Bihar Amendment) Act, 1959.

[90] Substituted by Societies Registration (Goa, Daman and Diu First Amendment) Act, 1979.

[91] Words and figures "under Act No. 19 of 1857" omitted by Act 16 of 1874.

[92] Inserted by Societies Registration (Andhra Pradesh) (Andhra Area) Amendment Act, 1954.

[93] Omitted by Societies Registration (Himachal Pradesh Amendment) Act, 1973.

[94] Substituted by Societies Registration (Madras Amendment) Act, 1954(Kerala).

[95] Substituted by Societies Registration (Goa, Daman and Diu First Amendment) Act, 1979.

[96] Substituted by Societies Registration (Puducherry Amendment) Act, 1969.

[97] Inserted by Societies Registration (Puducherry Amendment) Act, 1969.

[98] Substituted by Societies Registration (Madras Amendment) Act, 1954 (Act 24 of 1954).

[99] Inserted by Societies Registration (Andhra Pradesh) (Andhra Area) Amendment Act, 1954.

[100] Substituted Vibe Societies Registration (Assam Fifth Amendment) Act, 1958.

[101] Substituted by Societies Registration (Haryana Amendment) Act, 2001.

[102] Substituted by Societies Registration (Himachal Pradesh Amendment) Act, 1973.

[103] Substituted by Societies Registration (Madras Amendment) Act, 1954(Kerala).

[104] Substituted by Societies Registration (Goa, Daman and Diu First Amendment) Act, 1979.

[105] Substituted by Societies Registration (Gujarat Amendment) Act, 1978.

[106] Substituted by Societies Registration (Puducherry Amendment) Act, 1969.

[107] Substituted by Societies Registration (Uttar Pradesh Amendment) Act, 1975 (Act 52 of 1975).

[108] Substituted by Societies Registration (Madras Amendment) Act, 1954 (Act 24 of 1954).

[109] Inserted by Act 22 of 1927.

[110] Substituted by Societies Registration (Bihar Amendment) Act, 1959.

[111] Inserted by Societies Registration (Bihar Amendment) Act, 1959.

[112] Substituted by Societies Registration (Delhi Amendment) Act, 1983.

[113] Inserted by Societies Registration (Himachal Pradesh Amendment) Act, 1973.

[114] Inserted by Societies Registration (Himachal Pradesh Amendment) Act, 1992.

[115] Inserted by Societies Registration (Goa Second Amendment) Act, 1998.

[116] Substituted by Societies Registration (Goa, Daman and Diu First Amendment) Act, 1979.

[117] Inserted by Societies Registration (Gujarat Amendment) Act, 1965.

[118] Sub-section (1) shall be Substituted and Sub-section (2) shall be Omitted by Societies Registration (Gujarat Amendment) Act, 1978.

[119] Inserted by Societies Registration (Gujarat Amendment) Act, 1978.

[120] Inserted by Societies Registration (Gujarat Amendment) Act, 1978.

[121] inserted by Societies Registration (Puducherry Amendment) Act, 1969.

[122] inserted by Societies Registration (Puducherry Amendment) Act, 1969.

[123] Inserted by Societies Registration (Uttar Pradesh Amendment) Act, 1975 (Act 52 of 1975).

SOCIETIES REGISTRATION ACT, 1860

PREAMBLE

Section 1 - Societies formed by memorandum of association and registration

Section 2 - Memorandum of association

Section 3 - Registration and fees

Section 4 - Annual list of managing body to be filed

Section 5 - Property of society how vested

Section 6 - Suits by and against societies

Section 7 - Suits not to abate

Section 8 - Enforcement of judgment against society

Section 9 - Recovery of penalty accruing under bye-law

Section 10 - Members liable to be sued as strangers

Section 11 - Members guilty of offences punishable as strangers

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

Section 13 - Provision for dissolution of societies and adjustment of their affairs

Section 14 - Upon a dissolution no member to receive profit

Section 15 - Member defined

Section 16 - Governing body defined

Section 17 - Registration of societies formed before Act

Section 18 - Such societies to the memorandum, etc., with Registrar of Joint-stock Companies

Section 19 - Inspection of documents

Section 20 - To what societies Act applies

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