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The Societies Registration (Uttar Pradesh Amendment) Act, 2021

The Societies Registration (Uttar Pradesh Amendment) Act, 2021

The Societies Registration (Uttar Pradesh Amendment) Act, 2021

 

[8 of 2022]

[18th July 2022]

AN ACT further to amend the Societies Registration Act, 1860, in its application to the State of Uttar Pradesh.

IT IS HEREBY enacted in the Seventy-second Year of the Republic of India as follows:-

Section - 1. Short title


This Act may be called the Societies Registration (Uttar Pradesh Amendment) Act, 2021.

Section - 2. Amendment of section 3-A of Act no 21 of 1860


In the Societies Registration Act, 1860 hereinafter referred to as the principal Act in section 3-A after sub-section(2), the following sub-section shall be inserted, namely :-

(2A) An appeal against an order made under sub-section (2) of section 3-A may be preferred to the Commissioner of the Division in whose jurisdiction the headquarter of the Society lies, within one month from the date of communication of such 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.

Section - 3. Amendment of section 4


In section 4 of the principal Act, after sub-section (1), the following sub-section and the proviso shall be inserted, namely :-

(1A) An appeal against an order made under this section may be preferred to the Commissioner of the Division in whose jurisdiction the headquarter of the Society lies, within one month from the date of communication of such 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.

Section - 4. Amendment of section 4-B


For sub-section (2) of section 4-B of the principal Act, the following sub-section shall be substituted, namely :-

(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.

Any change in the list of General Body shall not be valid unless it is approved by the Managing Body.

Section - 5. Insertion of section 5-A


After section 5 of the principal Act, the following section shall be inserted, namely :-

5-A   (1) Notwithstanding anything contained in any law, contract or other instrument to the contrary, it shall not be lawful for the Governing Body of a society registered under this Act or any of its members of transfer, without the previous approval of the Court, any immovable property belonging to such society.

(2) Every transfer made in contravention of sub-section (1) shall be void.

Explanation I-The word court shall have the meaning assigned to it in section 13.

Explanation II-The expression transfer shall for the purposes of this section mean :-

(a)      a mortgage, charge, sale, gift or exchange;

(b)      lease for a term exceeding five years; or

(c)      irrevocable licence.

Section - 6. Amendment of section 16-A


For section 16-A of the principal Act, the following section shall be substituted, namely :-

16-A. Disqualification 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 or is convicted by a competent court for any criminal offence for which the punishment is 2 years or more, shall be disqualified from the date of judgement for being chosen as, and for being a member of the Governing body or the President, Secretary, or any other office-bearer of Society.

Section - 7. Amendment of section 25


In the proviso to sub-section(1) of section 25 of the principal Act, after clause (c), the following clause shall be inserted, namely :-

(d)   An appeal against an order made under this sub-section may be preferred to the Commissioner of the Division in whose jurisdiction the headquarter of the Society lies, within one month from the date of communication of such 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.