THE CHHATTISHGARH SOCIETY REGISTRIKARAN ADHINIYAM, 1973[1] [Act No. 44 of 1973] [29th September, 1973] An Act to consolidate and amend the law relating to the
registration of literary, scientific, educational, religious, charitable or
other societies in Chhattishgarh. Be it enacted by the Chhattishgarh Legislature in the
Twenty-fourth Year of the Republic of India as follows :— (1)
This Act may be called the
Chhattishgarh Society Registrikaran Adhiniyam, 1973. (2)
It extends to the whole of
Chhattishgarh. (3)
It shall come into force
on such date[2] as
the State Government may, by notification, appoint in this behalf. This Act applies to societies formed for all or any of the
following purposes :— (i)
promotion of science,
education, literature or fine arts; (ii)
diffusion of useful
knowledge; (iii)
diffusion of political
education; (iv)
foundation or maintenance
of libraries or reading rooms for general use among the members or open to the
public; (v)
establishment and
maintenance of galleries of Paintings and other works of art; (vi)
establishment and
maintenance of public museums; (vii)
collection of natural
history, mechanical and philosophical inventions, instruments or designs; (viii)
promotion of social
welfare; (ix)
promotion of religious or
charitable purpose including establishment of funds for welfare of military
orphans, welfare of political sufferers and welfare of the like; (x)
promotion of gymnastics. [3][(xi) promotion
and implementation of the different schemes sponsored by the State Government
or the Central Government; (xii) promotion
of Commerce, Industries and Khadi.] In this Act, unless the context otherwise requires,— (a)
"Governing body of a
society" means the Governors, Council, Directors, Committee, Trustees or
other body, by whatever name called, to whom by the regulations of the society
management of its affairs is entrusted; (b)
"member of a
society" means a person who have been admitted in the society according to
the regulations thereof, continues for the time being, to be a member of the
society :— (i)
having paid subscription; (ii)
having signed the roll or
list of members; and (iii)
having not resigned, in
accordance with the regulations of the society. (c)
"Registrar"
means the Registrar of societies appointed under sub-section (1) of Section 4
and includes an Additional, Joint, Deputy and Assistant Registrars of
Societies, appointed under sub-section (2) of the said section when exercising
or performing all or any of the powers or duties of the Registrar; (d)
"Regulations of a
society" means registered regulations of the society for the time being in
force; (e)
"Society" means
a society registered or deemed to have been registered under this Act; [4][(f)
"State Aided Society" means a society which receives or has received
aid, grant or loan or has received land or building or both on concessional
rates and other facilities from the Central Government or State Government or
any Statutory Body.] [5][A society registered or deemed to be
registered under the Act repealed under Section 44 shall be deemed to have been
registered under this Act.] (1)
The State Government may,
by notification, appoint a person to be called the Registrar of Societies who
shall exercise such powers and shall perform such duties and functions as are
conferred by or under the provisions of this Act and shall, subject to such
general or special orders as the State Government may make, superintend the
administration and carry out the provisions of this Act throughout the State. (2)
The State Government may
also by like notification appoint persons to be called Additional, Joint,
Deputy and Assistant Registrar of Societies for such areas as may be specified
in the notification and empower them to exercise powers and to perform duties
under all or any of the provisions of this Act as may be specified in the
notification. Any seven or more persons associated, for any literary,
scientific, educational, religious or charitable purpose, or for any such
purpose as is described in Section 2 may, by subscribing their names to a
memorandum of association and filing the same with the Registrar, form
themselves into a society under this Act. (1)
The memorandum of
association of every society shall state— (a)
the name of the society; (b)
the objects of the
society; (c)
the location of the head
office of the society; (d)
the names, addresses and
occupations of the Governors, Council, Directors, Committee or other governing
body to whom by the regulations of the society the management of its affairs is
entrusted. (2)
No name shall be proposed
in the memorandum of association— (a)
as is identical with or
too nearly resembles the name by which a society in existence has been
previously registered anywhere in the State; or (b)
where has as its
component— (i)
such words as may suggest
or may calculated to suggest the patronage of the Government of India or the
Government of a State; or (ii)
such words of National,
International or Universal importance or such other words as the State
Government may, from time to time, by notification, specify; or (iii)
such words as is, in the
opinion of Registrar likely to mislead the public. (3)
A copy of the 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. (4)
The persons by whom or on
whose behalf such memorandum is submitted shall furnish such further
information in regard to the society as the Registrar may require. If the Registrar is satisfied that a society has complied
with the provisions of this Act and the rules made thereunder and that its
proposed regulations are not contrary to the said provisions, he shall register
the society and its regulations on payment of such fee as may be prescribed and
shall issue a certificate of registration. A certificate of registration signed by the Registrar shall
be conclusive evidence that the society therein mentioned is duly registered
unless it is proved that the registration of the society has been cancelled. The regulations of a society may provide for,— (i)
the conditions of
admission of members; (ii)
the liability of members
to fines and forfeitures under certain circumstances; (iii)
the consequences of
non-payment of any subscription or fine, the resignation and expulsion of
members; (iv)
the appointment and removal
of trustees and their powers; (v)
the manner of appointing
and removing the governing body and the powers of such body; (vi)
the time and place of
annual meeting and other meetings of the society; (vii)
the manner in which notice
of such meetings may be given; (viii)
the quorum necessary for
the transaction of business at meetings of the society; (ix)
the manner of making,
altering and rescinding regulations; (x)
the investment of funds,
keeping of accounts and for an annual or periodical audit of accounts; (xi)
the manner of dissolving
the society; (xii)
the determination after
dissolution that property be utilised by Government according to Section 36; (xiii)
matters to be provided by
bye-laws and the manner in which they shall be made; and (xiv)
such other matters as may
be thought expedient having regard to the nature and objects of the society. (1)
No amendment of the
memorandum of association or regulations of a registered society shall be valid
until the amendment has been registered under this Act. (2)
[6][Every proposal for such amendment
shall be forwarded to the Registrar in such form together with such fee as may
be prescribed] and if the Registrar is satisfied that the amendment is not
contrary to this Act or the rules made thereunder, he may, if he thinks fit,
register the amendment. (3)
Where an amendment is
registered under sub-section (2), the Registrar shall issue to the society on
payment of a fee specified in Section 29 a copy of the amendment certified by
him, which shall be conclusive evidence that the same is duly registered. (1)
Notwithstanding anything
contained in this Act or the rules made thereunder, if the Registrar considers
that an amendment of the memorandum of association or regulation or bye-laws of
a society is necessary of desirable in the interest of the society, he may, by
an order in writing, to be served on the society in the prescribed manner, require
the society to make the amendment within such time as may be specified in such
order. (2)
If the society fails to
make any such amendment within the time specified by the Registrar in his order
under sub-section (1) the Registrar may, after giving the society an
opportunity to state its objections, if any,— (a)
register such amendment to
the memorandum of association or regulations and send a certified copy thereof
to the society; or (b)
make such amendment to the
bye-laws and send a certified copy thereof to the society, and thereupon such
amendment to memorandum of association or regulations or bye-laws shall be
binding on the society and its members. Subject to the provisions of Section 14 any registered
society 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,
change its name. (1)
A copy of the resolution
passed under Section 12 shall be sent to the Registrar. (2)
If the Registrar is
satisfied that the provisions of this Act in respect of change of name have
been complied with and that the proposed name is in conformity with the
provisions of sub-section (2) of Section 6, he shall enter the new name in the
register in place of the former one and issue a certificate of registration
with necessary alterations embodied therein, and the change of name shall be
complete and effective only on issue of such a certificate. (3)
The Registrar shall also make
the necessary alteration in the memorandum of association of the society. (4)
The Registrar shall charge
a fee of rupees one for any copy of certificate issued under sub-section (2)
and all fees so paid shall be accounted for to the State Government. The change in the name of the society shall not affect any
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. Whenever it shall appear to the governing body of any
registered society 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 : Provided that 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, and 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-fifth of the members
present at a second special meeting convened by the governing body at an
interval of one month after the former meeting. (1)
The subscribers of the
memorandum of association shall be the first members of the society. (2)
Every society shall
maintain at its head office a register of its members and shall enter therein,
the following particulars, namely :— [7][(a) name, address and signature with
date of each member;] (b) the
date on which the members are admitted; (c) the
date on which the members ceased to be members. (3)
The register of members
shall be prima facie evidence of the membership of the society and of all
matters entered therein : Provided that no member whose subscription for the time
being is in arrear for a period exceeding six months shall be entitled to vote
in any proceedings of the society under this Act. (4)
If entries are not made in
the register of members within thirty days of the admission of a member or
cessation of membership, [8][every
office bearer in default shall be punishable with fine which may extend to five
hundred rupees.] (1)
Any member of a registered
society who may be in arrear of a subscription which according to the
regulations 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 regulations or shall injure or destroy any property of the society, may be
sued for such arrear or for the damage accruing from such detention, injury or
destruction of property in accordance with the provisions of this Act. (2)
If the defendant shall be
successful in any suit or other proceeding 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 accordance with the provisions of this Act. Any member of the society, who shall steal, purloin or
embezzle any money or other property, or willfully 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 other than a member
would be subject and liable to in respect of the like offence. Whenever by any bye-law duly made in accordance with the regulations
of the society any pecuniary penalty is imposed for the breach of any
regulations or bye-laws 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 situated, as the governing body thereof shall deem
expedient. 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 by their proper title. [9][(1)] No immovable property shall be
acquired or transferred by sale, gift or otherwise by the society without the
prior permission of the Registrar in writing. [10][(2) The property acquired or
transferred shall not be utilised for any object other than the object of the
society unless permission from the Registrar has been obtained and in case of
gift written consent of the donor has also been obtained. (3) The
application for permission under sub-sections (1) and (2) shall be in such form
with such documents together with such fee as may be prescribed. (4) Where
the society violates the provisions of sub-section (1) or (2), the society
shall be liable to deposit such amount as may be prescribed within three months
from the date of notice issued by the Registrar and if the society fails to
deposit the amount within the aforesaid time, the society shall be treated as
defunct under Section 34.] Every society may sue or be sued in the name of the
President or Chairman or Principal Secretary or the trustees, as shall be
determined by the 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 trustee thereof, if on application to the governing
body some other officer or person be not nominated to be the defendant. 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 or
proceeding shall be continued in the name of or against the successor of such
person. (1)
If a judgment shall be
obtained against the person or officer named on behalf of the society, such
judgment shall not be enforced against the property, movable or immovable, or
against the body of such person or officer, but against the property of the
society. (2)
The application for
execution shall set forth the judgment, the fact of the party against whom it
shall have been obtained, 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. (1)
Every society shall keep
at its head office proper books of accounts with respect to— (a)
all sums of money received
and expended by the society and the matters in respect of which the receipt and
expenditure take place; and (b)
the assets and liabilities
of the society. (2)
The books of accounts
shall be open to inspection by the office-bearers or members of the society or
the Registrar during the office hours of the society. (3)
For the purpose of
sub-section (1), proper books of accounts shall not be deemed to be kept with
respect to the matters specified therein, if they do not give a true and fair
view of the state of affairs of the society and explain its transactions. (1)
Where the Registrar is
satisfied that— (a)
the records, register or
the books of accounts of a society are likely to be tampered with or destroyed
and the funds and the property of a society are likely to be misappropriated or
misapplied; or (b)
if the governing body of a
society is reconstituted at a general meeting of the society and outgoing
members of the governing body refuse to hand over charge of the records and
property of the society to those having to or entitled to receive such charge,
the Registrar may issue an order directing a person duly authorised by him in
writing to seize and take possession of such books and records, funds and
property of the society and the officer or officers of the society responsible
for the custody of such books, records, funds and property shall give delivery
thereof to the person so authorised. (2)
In order to secure
compliance of the orders under sub-section (1), the Registrar may take or cause
to be taken such steps and use or cause to be used such minimum force including
Police Force as may be considered necessary. [11][Once in every year, on or before the
forty-fifth day succeeding the day on which according to the regulations of the
society the annual general meeting of the society is held or if the regulations
do not provide for an annual general meeting, then within forth-five days of
the 31st day of January a list of the full names, permanent addresses and chief
occupations and others if any, with signatures of the governing body shall be
filed with the Registrar by the President or Secretary in such form with such
documents together with such fee as may be prescribed : Provided that the Registrar may, for reasons to be recorded
in writing, grant further time not exceeding fifteen days for compliance; Provided further that if the Society fails to file the list
within the prescribed time limit or within the extended time, it may file the
same within thirty days from the last day of the prescribed time or extended
time, as the case may be, with such late fee as may be prescribed.] [12][(1) Every Society shall send to the
Registrar a statement of income and expenditure with full particulars duly
audited by its Auditor, audit report and balance-sheet of the previous year along
with details of all financial activities together with such fees as may be
prescribed within ninety days from the date of annual general meeting of the
society or from 30th day of April every year where the regulation do not
provide for an annual general meeting. If the society fails to send the
aforesaid statements within the stipulated time, the society shall be liable to
pay late fee as may be prescribed. On receipt of such statements, the Registrar
shall verify the statements and shall ensure that the funds have been utilised
for the promotion of the society and its objects and he may also issue such
instructions in respect of utilisation of funds as he may think fit : Provided that accounts of such society having annual
transaction exceeding one lac rupees shall be submitted to the Registrar duly
audited by Chartered Accountant.] (2) If
the Registrar thinks necessary to undertake a special audit he may audit or
cause to be audited by some person authorised by him by general or special
order in writing in this behalf the accounts of any society. (3) Any
person authorised by general or special order in writing in this behalf by the
Registrar shall at all times have access to all the books of accounts and other
papers of a society and every officer of the society shall furnish such
information in regard to the accounts and working of the society as the person
making such inspection may require. [13][Any person may inspect all or any of
the documents filed with the Registrar under this Act or require copy or
extract of any such documents to be certified by the Registrar by filing an
application together with such fee as may be prescribed and such certified copy
shall be prima facie evidence of matters therein contained in all legal
proceedings whatsoever.] The Registrar shall have power to summon and enforce the
attendance of witnesses including the parties interested or any of them and to
compel them to give evidence and compel the production of documents by the same
means and as far as possible in the same manner as is provided in the case of
Civil Court by the Code of Civil Procedure, 1908 (No. 5 of 1908). (1)
Where on perusing any
document which a society is required to submit to him under this Act, the
Registrar is of opinion that any information or explanation is necessary in
order that such document may afford full particulars of the matter to which it
purports to relate he may by written order call on the society submitting the documents
to furnish in writing such information or explanation within such time as he
may specify in the order. (2)
On receipt by the society
of the order under sub-section (1) it shall be the duty of the society and of
all persons who are officers of the society to furnish such information or
explanation to the best of their power. [14][In this Chapter "Registrar"
shall mean Education Officer within the meaning of clause (c) of Section 2 of
the Chhattishgarh Ashaskiya Shikshan Sansthan (Adhyapakon Tatha Anya
Karmachariyon Ke Vetano Ka Sandaya) Adhiniyam, 1978.] (1)
The Registrar may, on his
own motion or on an application made under sub-section (2) either by himself or
by a person authorised by him, by order in writing, hold an enquiry into the
constitution, working and financial conditions of a society. (2)
An enquiry of the nature
referred to in sub-section (1) shall be held on [15][the
application together with an affidavit in support of its contents] of— (a)
a majority of the members
of the governing body of the society; or (b)
not less than one-third of
the total number of members of the society. (3)
The Registrar or the
person authorised by him under sub-section (1) shall for the purpose of an
enquiry under this section have the following powers, namely:— (a)
he shall at all times have
free access to the books, accounts, documents, securities, cash and other
properties belonging to, or in the custody of, the society and may summon any
person in possession, or responsible for the custody of any such books,
accounts, documents, securities, cash or other properties to produce the same,
if they relate to the head office of the society at any place at the
headquarter thereof and if they relate to any branch of the society, at any
place in the town wherein such branch thereof is located or in his own office; (b)
he may summon any person
who he has reason to believe has knowledge of any of the affairs of the society
to appear before him at any place at the headquarters of the society or any
branch thereof or in his own office and may examine such person on oath; and (c)
(i) he may notwithstanding
any regulation or bye-laws specifying the period of notice for a general
meeting of the society, require the officers of the society to call a general
meeting of the society at such time at the head office of the society or at any
other place at the headquarter of the society and to determine such matters as
may be directed by him and where the officers of the society refuse or fail to
call such a meeting, he shall have power to call it himself; (ii) any meeting called under sub-clause (i) shall have all
the powers of a general meeting called under the regulations or bye-laws of the
society and its proceedings shall be regulated by such bye-laws. [16][(4) When an enquiry is made under
this section the Registrar shall communicate the result of the enquiry to the
society and may issue appropriate directions to the society, which shall be
binding on all parties concerned.] (1)
If, in the opinion of the
State Government, governing body of any State aided society :— (a)
persistently makes default
or is negligent in the performance of the duties imposed on it by or under this
Act, regulations or bye-laws of the society or by any lawful order passed by
the State Government or Registrar, or is un-willing to perform such duties;
or [17](a-1)
Persistently makes default or is negligent in the performance of the duties
imposed on it by or under this Act, regulation or bye-laws of the society or by
or under any other enactment for the time being in force or by any lawful order
passed by the State Government or Registrar or is unwilling to perform such
duties; or] (b)
commits acts which are
prejudicial to the interest of society or its members; or (c)
is otherwise not
functioning properly, the State Government may, by order in writing, remove the
governing body and appoint a person or persons to manage the affairs of the
society for a specified period not exceeding two years in the first instance : Provided that where it is proposed to remove the governing
body of the society exclusively on the ground that election to the governing
body were not held in accordance with the provisions of this Act or the
regulations or bye-laws made thereunder, no action shall be taken under this
sub-section unless the Registrar or an officer authorised by him in this behalf
has convened a meeting of the general body for conducting the election thereto
in accordance with the provisions of this Act, or the regulations or bye-laws
made thereunder but has failed to get the new governing body elected : Provided further that the Registrar or the Officer
authorised by him shall, for the purpose of conducting election have all the
necessary powers under the Act or the regulations or bye-laws made thereunder. (2)
No order under sub-section
(1) shall be made unless the governing body has been given a reasonable
opportunity of showing cause against the proposed order and representation, if
any, made by it, is considered. (3)
The period specified in
the order under sub-section (1) may, at the discretion of the State Government
be extended from time to time : Provided that no such order shall remain in force for more
than three years in the aggregate. (4)
The person or persons so
appointed shall, subject to the control of the Registrar and to such
instructions as he may from time to time give, have power to exercise all or
any of the functions of the governing body or of any officer of the society,
and to take all such actions as may be required in the interest of the society. (5)
The State Government may
fix the remuneration payable to the person or persons so appointed. The amount
of such remuneration and other costs, if any, incurred in the management of the
society shall be payable from its funds. (6)
The person or persons so
appointed shall at the expiry of the period of his or their appointment,
arrange for the constitution of a new governing body in accordance with the
regulations of the society. (7)
If there is a difference of
opinion between the general body of the society and person or persons appointed
under sub-section (1) in respect of any matter it shall be referred to the
Registrar for decision and his decision thereon shall be final. (8)
During the period between
the issuance of notice and the passing of an order removing the governing body,
the governing body may be required by the State Government to function under
the supervision and with the approval of such authority as the State Government
may specify in this behalf and no order made or resolution passed or any other
act performed by the governing body, shall be effectual unless it is approved
by such specified authority. (1)
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 when
agreed upon and all necessary steps shall be taken for the disposal and
settlement of the property of the society, its claim and liabilities according
to the regulations 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 Court of original civil jurisdiction
of the district in which the chief building of the society is situated, and the
Court shall make such order in the matter as it shall deem fit : Provided further that no society shall be dissolved unless
three-fifths of the members shall have expressed a wish for such dissolution by
their votes delivered in person, or by proxy, at a general meeting convened for
the purpose : Provided also that whenever the Government is a member of,
or a contributor to, or otherwise interested in any society, such society shall
not be dissolved without the consent of the Government. (2)
The Registrar may, if on
information received by him or otherwise is of the opinion that a society has
become defunct or has been persistently making default in the observance of the
provisions of this Act, or the regulations or bye-laws made thereunder, by a
notice served on the society, call upon the governing body within the period
specified in the notice which shall not be less than thirty days, to show-cause
as to why registration of the society should not be cancelled. (3)
The Registrar may after
considering the reply received, if any, after the expiry of the notice period
on being satisfied that no useful purpose is likely to be served by continuing
the society by an order in writing cancel the registration thereof as from the
date specified in the order and thereon society shall be deemed to have been
dissolved for the purposes of the Act. If upon the dissolution of any society, there shall remain
after the satisfaction of all its debt 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
the Court specified in Section 34 : Provided that this section shall not apply to any society
which shall have been founded or established by the contributions of
share-holders in the nature of a Joint Stock Company. [18][(1)] Notwithstanding anything
contained in Section 35 it shall be lawful for the members of any society
dissolved under Section 34 to determine by majority of votes of the members
present personally or by proxy at the time of dissolution of such society that
any property whatsoever remaining after satisfaction of all its debts and
liabilities shall be given to Government to be utilised for any of the purposes
referred to in Section 2. [19][(2) In the event of cancellation of
the Registration of Society under sub-section (3) of Section 34 the movable and
immovable assets of the society or its institution or centres shall vest in the
State Government to the extent of assistance, grant, aid or donation that the
society may have received from Central or State Government or any of the
Statutory bodies. It shall be the duty of the Collector of the District where
the property is situated to take charge of the same on intimation of
cancellation by the Registrar.] (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. [20][Provided that no Court shall take
cognizance of an offence punishable under sub-section (1) of Section 38, as
substituted by Section 12 of the Chhattishgarh Ashaskiya Shikshan Sansthan
(Adhyapakon Tatha Anya Karmachariyon Ke Vetano Ka Sandaya) Adhiniyam, 1978
except upon a complaint made by such officer as the State Government may, by
notification, specify in this behalf.] (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 27
he shall, on conviction be punishable with fine which may be extend to five
hundred rupees and in case of continuing breach, shall also be punishable with
fine not exceeding fifty rupees for each day during the period the breach
continues after first conviction for such offence. [21][(1) If the President, Secretary or
any other person authorised in this behalf by a resolution of the governing
body of the society— (a)
fails to comply with the
provisions of Section 27; or (b)
fails to comply with any
direction given under Section 4 or with the Chhattishgarh Ashaskiya Shikshan
Sanstha (Adhyapakon Tatha Anya Karmachariyon Ke Vetano Ka Sandaya) Adhiniyam,
1978 he shall on conviction be punishable— (i)
in the case of an offence
falling under clause (a), with fine which may extend to five hundred rupees and
in the case of a continuing breach with a further fine which may extend to
fifty rupees for every day after the first during which the breach continues; (ii)
in the case of an offence
falling under clause (b) with imprisonment for a term which may extend to three
months or with fine which may extend to one thousand rupees or with both and
for the second and subsequent offence, with imprisonment for a term which may
extend to five thousand rupees or with both.] (2)
If any person wilfully
makes or causes to be made any false entry in, or any omission from, the list
required by Section 27 or in or from any statement or copy of regulation or
alterations in regulation sent to the Registrar he shall, on conviction, be
punishable with fine which may extend to two thousand rupees. If any society or any person as is referred to in Section
28 and sub-section (2) of Section 31 refuses or neglect to furnish the
information or explanation required thereunder the society or such person shall
on conviction be punished with fine which may extend to twenty rupees in
respect of each such offence. [22][(1) An appeal shall lie,— (a)
if the order is made by
the Registrar appointed under subsection (1) of Section 4 either in original
case or in appeal under clause (b) to the State Government; (b)
if the order is made by
the subordinate officers appointed under sub-section (2) of Section 4 or any
other person to the Registrar appointed under sub-section (1) of Section 4.] (2) An
appeal under sub-section (1) shall be filed within two months of the date of
communication of the order : Provided that the Appellate Authority may admit an appeal
after the expiry of such period if the appellant satisfies the Appellate
Authority that he had sufficient cause for not preferring the appeal within
such period. Every Officer or person exercising or authorised to
exercise powers under this Act or the rules made thereunder shall be deemed to
be a public servant within the meaning of Section 21 of the Indian Penal Code,
1860 (No. 45 of 1860). No suit, prosecution or other legal proceedings shall lie
against the Registrar or any person subordinate to him or acting under his
authority, in respect of anything done by or purporting to have been done by
him in good faith under this Act. (1)
The State Government may
make rules to carry-out the purposes of this Act. (2)
All rules made under this
section shall be laid on the Table of the Legislative Assembly. As from the commencement of this Act, the Chhattishgarh
Societies Registration Act, 1959 (No. 1 of 1960) shall stand repealed. [1] Received the assent
of the Governor on the 29-9-1973; assent first published in the Chhattishgarh
Gazette (Extra-ordinary), dated 11-10-1973. [2] W.e.f. 1-12-1973,
vide Notification No. 16247-8035-XVI-A, dated 3-12-1973. [3] Inserted by MP. Act No. 29 of 1998. [4] Substituted by C.G. Act No. 29 of
1998. [5] Inserted by C.G. Act No. 27 of 1976. [6] Substituted by C.G. Act No. 29 of
1998. [7] Substituted by C.G. Act No. 29 of
1998. [8] Substituted by C.G. Act No. 29 of
1998. [9] Re-numbered by C.G. Act No. 29 of
1998. [10] Inserted by C.G. Act No. 29 of 1998. [11] Substituted by C.G. Act No. 29 of
1998. [12] Substituted by C.G. Act No. 29 of
1998. [13] Substituted by C.G. Act No. 29 of
1998. [14] Inserted by C.G. Act No. 20 of 1978. [15] Substituted by C.G. Act No. 29 of
1998. [16] Substituted by C.G. Act No. 29 of
1998. [17] Substituted by C.G. Act 20 of 1978. [18] Re-numbered by C.G. Act No. 29 of
1998. [19] Inserted by C.G. Act No. 29 of 1998. [20] Inserted by C.G. Act No. 20 of 1978. [21] Inserted by C.G. Act No. 20 of 1978. [22] Substituted by C.G. Act No. 29 of
1998.THE CHHATTISHGARH SOCIETY REGISTRIKARAN
ADHINIYAM, 1973
PREAMBLE
Section 3 – Definitions.
Section 7 – Registration.
Section 40 – Appeal.
Section 44 – Repeal.