TAMIL NADU SOCIETIES REGISTRATION (AMENDMENT)
ACT, 1993 THE TAMIL NADU
SOCIETIES REGISTRATION (AMENDMENT) ACT, 1993 [Act No. 16 of 1994] [04th March, 1994] An Act to Amend the Tamil
Nadu Societies Registration Act, 1975. Be
it enacted by the Legislative Assembly of the State of Tamil Nadu in the
Forty-fourth Year of the Republic of India as follows:-- This
Act may be called the Tamil Nadu Societies Registration (Amendment) Act, 1993. After
section 34 of the Tamil Nadu Societies Registration Act, 1975 (Tamil Nadu Act
27 of 1975) (hereinafter referred to as the principal Act), the following sections
shall be inserted, namely:-- "34-A. Supersession of committee.-- (1) (a) If, in the opinion of the Government,-- (i) the committee of any registered society is not
functioning properly, or (ii) the affairs of any registered society are
mismanaged, or (iii) the registered society's activities are not in
furtherance of the objects of the society, or (iv) the committee of any registered society has
contravened any of the provisions of this Act or the rules made thereunder, or
wilfully disobeys or wilfully fails to comply with any lawful order or
direction issued under the provisions of this Act or the rules made thereunder,
the Government may, after giving the committee an opportunity of making its
representations, by order in writing, supersede the committee and appoint a
person (hereafter in this section and in section 34-B referred to as the
special officer) to manage the affairs of the society for a specified period
not exceeding one year: Provided
that nothing in this clause shall prevent the appointment of the same person as
special officer for two or more registered societies. (b) The period specified in such order may, at the
discretion of the Government, be extended from time to time provided that such
order shall not remain in force for more than three years in the aggregate. (2)
The
special officer appointed under sub-section (1) shall, subject to the control
of the Registrar and to such directions as he may, from time to time, give,
have power to exercise all or any of the functions of the committee and to take
such action as may be required in the interest of the societies. (3)
The
Registrar may fix the remuneration payable to the special officer appointed
under sub-section (1). The amount of remuneration so fixed and such other
expenditure incidental to the management of the society during the period of
supersession as may be approved by the Registrar shall be payable from the
funds of the registered society. (4)
The
special officer appointed under sub-section (1) shall arrange for the
constitution of a new committee in accordance with the provisions of this Act
and the rules made thereunder and the bye-laws of the registered society so
that the new committee may be constituted and the members thereof come into
office at the expiry of the period of appointment of the special officer. (5)
Nothing
contained in this section shall be deemed to affect the power of the Registrar
to order the winding up of the society under section 40. (6) An order under sub-section (1) shall take effect
from the date specified therein. 34-B. Delivery of possession of records and
properties of a registered society.-- (1) Where the committee of a registered society is
superseded and a special officer is appointed under section 34-A and such
special officer is resisted in, or prevented from, obtaining possession of the
books, accounts, documents, securities, cash and other properties, whether
movable or immovable, of the society (hereafter in this section referred to as
the records and properties of the society) by the committee which has been
superseded, or by any person who is not entitled to be in possession of the
records and properties of the society, any Metropolitan Magistrate or any
District Munsif-cum-Judicial Magistrate, exercising the powers of a Judicial
Magistrate of the first class in whose jurisdiction the office of the society
or the records, and properties of that society is, or are, situated shall, on
application by the special officer and on the production of the order made
under section 34-A and of a certificate by the Registrar in the prescribed form
setting forth that the records and properties mentioned therein belong to the
registered society, direct delivery to the special officer, of the possession
of the records and properties of the society. (2) No certificate shall be issued by the Registrar
under sub-section (1) without making such inquiry as he deems necessary. (3) For the purpose of the proceedings under
sub-section (1), the certificate aforesaid shall be conclusive evidence that
the records and properties to which it relates belong to the registered
society. (4) The Metropolitan Magistrate or the District Munsif-cum-Judicial
Magistrate exercising the powers of a Judicial Magistrate of the first class
referred to in sub-section (1) may, pending disposal of an application for
directing delivery, to the special officer, of the possession of the records
and properties of the society mentioned in the certificate by the Registrar
appoint a Receiver to take possession of such records and properties or such
portion thereof as may be necessary. The remuneration, if any, paid to the
Receiver and other expenses incurred by him shall be payable from the funds of
the registered society. In
section 36 of the principal Act, for sub-section (9), the following sub-section
shall be substituted, namely:-- "(9)
The result of the inquiry shall be communicated to the registered society and
to the applicants, if any, and if the Registrar is satisfied that the result of
the inquiry does not warrant action under section 37, he may issue such
direction to the registered society, or any member of the registered society,
as the Registrar may deem fit.". In
section 44 of the principal Act, after sub-section (7), the following
sub-section shall be inserted, namely:-- "(8)
If the name of the registered society having been struck off the register, has
not been restored or if the period allowed for appeal has lapsed or no appeal
has been made or an appeal has been made but dismissed, under this Act, the
registered society shall not function and the provisions of section 39 shall
apply as if the registration of such society has been cancelled.". In
section 52 of the principal Act, in sub-section (2), for the words "the
Inspector-General of Registration", the words "the Inspector-General
of Registration or any other officer of the Registration department not below
the rank of Deputy Inspector-General of Registration, as may be authorised by
the government in this behalf" shall be substituted. In
the Schedule to the principal Act,-- (a) in item 1, for the words "Fifty Rupees",
the words "One hundred Rupees" shall be substituted; (b) in item 2, for the words "Two Rupees",
the words "Five Rupees" shall be substituted; (c) in item 3, for the words "Four Rupees",
the words "Ten Rupees" shall be substituted; (d) in item 4, for the words "Four Rupees",
the words "Ten Rupees" shall be substituted; (e) in item 5, for the words "Seventy-five
paise", the words "Two Rupees" shall be substituted; (f) in item 6, for the words "Three Rupees",
the words "Five Rupees" shall be substituted; (g) in item 7, for the words "Ten Rupees",
the words "Fifty Rupees" shall be substituted.
Preamble - TAMIL NADU SOCIETIES
REGISTRATION (AMENDMENT) ACT, 1993PREAMBLE