In exercise of the powers conferred
under sub-section (1) of Section 33 of the Societies Registration Act, 1860
(Act No. 21 of 1860), as amended in its application to Uttar Pradesh by the
Societies Registration (Uttar Pradesh Amendment) Act, 1975 (U.P. Act No. 52 of
1975), the Governor is pleased to make the following rules: (1) These
Rules may be called the Uttar Pradesh Societies Registration Rules, 1976. (2) They
extend to the whole of Uttar Pradesh. (3) They
shall come into force with effect from the date of their publication in the
official Gazette. In these rules unless the context otherwise, requires,-- (a) "Act"
means the Societies Registration Act, 1860 as amended in its application to
Uttar Pradesh ; (b) "Form"
means a form appended to these rules; (c) "Section"
means a section of the Act; (d) "Society"
means a society registered under the Act; (e) words and
expressions used in the Act and not defined in these rules shall have the
meanings assigned to them in the Act. The Memorandum of Association of a society shall contain the particulars
required by Section 2 and shall bear the name, address and signatures of all
the seven or more persons referred to in Section 1. It shall also be dated. The Rules and Regulations of a Society may provide for the
following matters : (a) The
conditions of eligibility for membership of the society. (b) The
conditions under which the membership of the society shall cease. (c) The
consequences of non-payment of the subscriptions, if any. (d) The
resignation and expulsion from the membership of the society. (e) If the
society is a trust, the appointment and removal of trustees and their powers
and duties. (f) Provision
for annual general meeting and other meetings of the society, their time and
place. (g) The
manner in which advance notice of such meetings may be given. (h) The
quorum necessary for the transaction of business at meetings of the society. (i) The
manner of making, altering and rescinding of rules and regulations. (j) The
investment of funds, keeping of accounts, preparation of balance-sheet and for
an annual or periodical audit thereof. (k) The
procedure for the dissolution of the society. (l) Disposal
of the property of the dissolved society. (m) Manner of
framing of bye-laws, if any, and matters to be provided therein. (n) Such
other matters as may be deemed expedient having regard to the nature and
objects of the society. (1) Every
document required to be filed under the provisions of the Act or these rules
shall be sent or delivered to the Registrar personally or shall be sent to him
by registered post. (2) The
documents referred to in sub-rule (1) shall be neatly typed, printed or
cyclostyled on only one side of the paper, and every page thereof shall be
initialled by the signatories to the document. Every cutting in the document
shall be initialled by one of the signatories. The Registrar shall maintain the following registers, namely : (a) The
Register of Societies in Form I. (b) The
Register of Renewals in Form II. (c) The
Register of Daily Receipts in Form III (d) Receipt
Book in Form IV. (e) The
Register of Inspections in Form V. (f) The
Register of copies issued in Form VI. (g) The
Register of Verification of Deposits in Form VII. (h) Any other
Register which the Registrar considers proper or which the State Government so
directs. (1) Every
application for the registration of a society shall be immediately registered
in the Register referred to in Rule 6(a). (2) When the
society has been duly registered under the provisions of the Act, a Certificate
of Registration shall be issued in Form VIII, and necessary entries shall be
made in the said Register. (1) Every
application for renewal of a Certificate of Registration received under Section
3-A, shall be immediately entered in the register referred to in Rule 6(b). (2) If the
application is in order, a Certificate of Renewal shall be issued in Form IX
and every such renewal shall be recorded in the registers referred to in
clauses (a) and (b) of Rule 6. (1) All fees
payable under the provisions of the Act or these rules shall be paid or
remitted to the Registrar in cash or through Bank Draft or Postal Order : Provided that no fee shall be remitted through Postal Money Order. (2) Where the
fee is paid personally in the Office of the Registrar either in cash or through
Bank Draft or Postal Order, a receipt duly signed by the Registrar or any other
officer authorised by him shall be issued in Form IV to the person concerned. (3) Where the
fee is remitted through a Bank Draft or Postal Order, the sender must ensure
that such Bank Draft or Postal Order has been duly crossed and is made payable
to the Registrar of Societies, Uttar Pradesh, Lucknow. (4) All fees
realised under sub-rules (1) to (3) or otherwise shall be immediately entered
in the register referred to in Rule 6(c). (5) At the
end of each day, the amounts received by the Registrar shall be totalled up and
the total shall be entered in words as well as in figures by the Registrar in
his own handwriting in the register referred to in Rule 6(c) and shall be
signed and dated by him. (6) All such
amounts, Drafts and Postal Orders shall be deposited in the State Bank of India
without undue delay the latest by the next working day through Treasury
Challans in triplicate under the Head. "104--Other General Economic Services ; (a) Regulation of
other business undertakings--(n) Receipts from the administration of the
Societies Registration Act". In case of delay in depositing the fee, the
Registrar shall record, in his own handwriting, the reasons of delay in the
register of daily receipts. The depositor's copy of the challan along with
Departmental copy duly verified with the record of the Treasury concerned shall
be placed in the file of the society concerned as proof of the payment of fee : Provided that where more than one amount is deposited through one
challan, extracts therefrom duly attested by the Registrar may be placed in the
connected files. (7) The
Registrar shall maintain a register of Verification of Deposits in Form VII in
which amounts shown in departmental copies of the Treasury Challans shall be
entered day to day, and at the end of each months, proper reconciliation of the
deposits of the register shall be made with the records of the Treasury and the
register of Daily Receipts in Form III. (1) Every
application under Section 19 for inspection of any document shall be entered in
the register referred to in Rule 6(e). [2][(2) The
application shall be accompanied with a fee of rupees fifty payable in respect
of each society for each day of inspection or part thereof.] (1) Every
application under Section 19 for certified copy or extract of a document or
part thereof shall be entered in the register referred to in Rule 6(f). (2) The
application must clearly specify the document or documents of which the copy or
extract is required. [3][(3)
Application for copy of a certificate referred to in sub-rule (2) of Rule 7 or
sub-rule (2) of Rule 8--Rupees fifty. Application for copy or extract or any other document or part
thereof Rupees ten for every one hundred words or part thereof.] (4) A self-addressed postal envelope, bearing requisite postage, should
invariably accompany if the copy or extract is desired by registered post. (5) If the Registrar finds that the fee paid by the applicant is
inadequate the Registrar shall inform the applicant to make the deficiency good
within a time to be specified. The registered envelope referred to above shall
be used for the purpose. (6) The applicant shall make the deficiency in the amount of fee good
within the time specified by the Registrar. He shall also supply a fresh
envelope as required by sub-rule (4). (7) Where the applicant fails to make the deficiency good within the
time specified by the Registrar, the application shall be rejected. (1) Where any
society registered under the Act has changed its objects under Section 12 or
its name under Section 12-A, it shall send the notice of such change under
Section 12-B (1) to the Registrar within thirty days from the date of the
resolution. (2) A copy of
the resolution changing the object or name of the society shall invariably, be
accompanied with the said notice, together with a copy of the minutes of such
meeting. (3) Where the
Registrar is satisfied that the provisions of the Act or these rules regarding
change in the objects or name of the society have been complied with, he
shall make the necessary entries in the Register referred to in Rule 6(a). (4) Where any
change in the name of a Society has been registered in accordance with sub-rule
(3), a fresh Certificate of Registration shall be issued in Form X. (5) Before
issuing the fresh certificate referred to in sub-rule (4), the Registrar shall
send for the original Certificate of Registration and cancel the same. Where the Registrar proposes to take action under Section 3 (2) or
the proviso to Section 3-A (2), or Section 12-D, he shall issue notice to the
Secretary (and if there is no Secretary, to the President, Chairman or
Director) of the Society to show cause against the action proposed. Every appeal under sub-section (2) of Section 12-D shall be sent
to the Secretary to the Government of Uttar Pradesh in the Finance Department,
Civil Secretariat, Lucknow. It shall be accompanied with a copy of order
appealed against duly attested by a Gazetted Officer. Application and documents which are defective or which are not in
accordance with the provisions of the Act or these Rules shall be returned to
the sender for rectification. The amounts of fee paid to the Registrar under the provisions of
the Act of these Rules shall not be refunded: Provided that where any application for registration of a society
has been returned for rectification under Rule 15 and the same is received back
after proper rectification, payment of fresh registration fee shall not be
necessary. The documents received from a society under the provisions of this
Act or these Rules shall be filed along with the original papers, if any, of
that Society and necessary entries shall be made in the Registrar in Form I. The following Registers, documents and papers shall be retained
permanently : (a) The
register referred to in clauses [a), (b) and (g) of Rule 6 ; (b) All the
registered documents of the societies ; (c) Notes and
order sheets ; (d) All
papers connected with cancellation of Registrar and dissolution of a Society ; (e) References
to the Government of Uttar Pradesh ; (f) All
Government orders ; and (g) Any other
register, document or paper which in the opinion of the Registrar should be
retained permanently. The registers, documents and papers (other than those specified in
Rule 18), shall be weeded out after due consultation with the Inspector of
Government Offices, Uttar Pradesh. [1] Vide. Notification No. Audit-6939/X--600/(1)-74, dated
January 6, 1976, published in U.P. Gazette, Extra., dated 9th January, 1976. [2] Substituted, by Notification No. Audit--3366/X-94--600
(1)-74, dated 18.7.1994, published in U.P. Gazette, dated 19.11.1994. [3] Substituted,
by Notification No. Audit--3366/X-94--600 (1)-74, dated 18.7.1994, published in
U.P. Gazette, dated 19.11.1994.UTTAR PRADESH SOCIETIES REGISTRATION RULES, 1976
UTTAR PRADESH SOCIETIES REGISTRATION RULES, 1976[1]PREAMBLE
Rule - 1. Short title, extent and commencement [Section 33].
Rule - 2. Definitions [Section 33].
Rule - 3. Memorandum of Association [Section 2].
Rule - 4. Rules and Regulations [Section 2].
Rule - 5. Procedure of filing document.
Rule - 6. Registers to be maintained by the Registrar.
Rule - 7. Application for Registration.
Rule - 8. Application for
renewal.
Rule - 9. Mode of payment of fee.
Rule - 10. Application of inspection.
Rule - 11. Application of certified copy.
Rule - 12. Change of name of Society.
Rule - 13. Service of notice.
Rule - 14. Appeal.
Rule - 15. Return of defective documents.
Rule - 16. Fee not to be returned.
Rule - 17. Procedure regarding documents.
Rule - 18. Retention of
record.
Rule - 19. Weeding of record.