society registration act

9
THE SOCIETIES REGISTRATION ACT, 186()1 [21 OF 1860]2 (21st MAY 1860) Amended by Act 16 of 1874. Amended by Act 14 of 1897. Amended by Bom. 2 of 1912. Amended by Act 22 of 1927. Adapted and modified by the Government of India (Adaptation of Indian Laws) order, 1937. Amended by Bom. 53 of 1948. Adapted and modified by the Adaptation of Laws Order, 1950. Amended by Born. 11 of 1956. Amended by the Societies Registration Act (Bombay Adaptation) Order, 1957. Amended bv Born. 76 of 1958. Adapted and modified by the Central Acts on State and Concurrent Subjects (Maharashtra Adaptation) Order, 1960. Amended by Mah. 11 of 1968. Amended by Mah. 49 of 1971. Amended by Mah. 11 of 1976. An Act for the Registration of Literary, Scientific and Charitable Societies. WHEREAS it is expedient that 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 ofuseful knowledge, 3[the diffusion ofpolitical education], or for charitable purposes; It is enacted as follows :- <I[IA. In this Act, unless there is anything repugnant to the subject or context, the expression' Registrar' means the Registrar of Societies appointed under section IB and includes other officers appointed under the said section to exercise the powers and to perforn1 the duties and functions ofthe Registrar of Societies. IE. (1) The State Government may, by notification in the Official Gazette appoint a person to be call 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 ofthe State Government may make, superintend the administration and carry out the provisions of this Act 5[throughout G[the State of Maharashtra.] ]. (2) The State Government may also by like notification appoint persons to be called" Assistant Registrars of Societies" for such areas as may be specified in the notification and empower them to exercise powers to perform duties and functions under all or such provision of this Act as may be specified in the notification. 1. 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 7 [filingthe same with the Registrar form themselves] into a society under this Act. 1 Short title given by Act 14 of 1897, s. 2 and Sch. 2 The Act (with the exception of the first four sections) is based on the Literary and Scientific Institutions Act, 1854, (17 and 18 Vict., c. 112). s. 20 et. seq. It has been declared to be in force in the whole of India except the Scheduled Districts, by s. 3 the Laws Local Extent Act, 1874 (15 to 1874). . It has been extended to the New Provinces and Merged States by Act 59 of 1949. 3 Ins by Act 22 of 1927, s. 2. I Section lA and IB were ins'erted by Born. 11 of 1956, s. 2. ; These words were substituted for the words" throughout the Pre-Reorganisation State of Bombay, excluding the Transferred territories" by Born. 76 of 1958, s. 2(d)(i). " Subs. by the Mah. A.O. 1960 for" State of Bombay". j Subs. by Born. 76 of 1958. s. 2(d)Cii). (G.C.P.) H 4015-2 (10,100-8-03) Preamble Interrrd:llion Reglstral of Societies and Assistant Registrars Societies formed by Memorandum of AssoL'lation and Registration.

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Society Registration Act

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THE SOCIETIES REGISTRATION ACT, 186()1[21 OF 1860]2

(21st MAY 1860)

Amended by Act 16 of 1874.Amended by Act 14 of 1897.Amended by Bom. 2 of 1912.Amended by Act 22 of 1927.Adapted and modified by the Government of India (Adaptation of Indian

Laws) order, 1937.Amended by Bom. 53 of 1948.Adapted and modified by the Adaptation of Laws Order, 1950.Amended by Born. 11 of 1956.Amended by the Societies Registration Act (Bombay Adaptation) Order, 1957.Amended bv Born. 76 of 1958.Adapted and modified by the Central Acts on State and Concurrent Subjects

(Maharashtra Adaptation) Order, 1960.Amended by Mah. 11 of 1968.Amended by Mah. 49 of 1971.Amended by Mah. 11 of 1976.An Act for the Registration of Literary, Scientific and Charitable Societies.

WHEREAS it is expedient that provision should be made for improving thelegal condition of societies established for the promotion of literature, scienceor the fine arts, or for the diffusion of useful knowledge, 3[the diffusion ofpoliticaleducation], or for charitable purposes; It is enacted as follows :-

<I[IA. In this Act, unless there is anything repugnant to the subject orcontext, the expression' Registrar' means the Registrar of Societies appointedunder section IB and includes other officers appointed under the said sectionto exercise the powers and to perforn1 the duties and functions ofthe Registrarof Societies.

IE. (1) The State Government may, by notification in the Official Gazetteappoint a person to be call the Registrar of Societies who shall exercise suchpowers and shall perform such duties and functions as are conferred by or underthe provisions of this Act and shall, subject to such general or special ordersofthe State Government may make, superintend the administration and carryout the provisions of this Act 5[throughout G[the State of Maharashtra.] ].

(2) The State Government may also by like notification appoint persons tobe called" Assistant Registrars of Societies" for such areas as may be specifiedin the notification and empower them to exercise powers to perform duties andfunctions under all or such provision of this Act as may be specified in thenotification.

1. Any seven or more persons associated for any literary, scientific orcharitable purpose, or for any such purpose as is described in section 20of this Act, may by subscribing their names to a Memorandum of Association,and 7[filingthe same with the Registrar form themselves] into a society underthis Act.

1 Short title given by Act 14 of 1897, s. 2 and Sch.2 The Act (with the exception of the first four sections) is based on the Literary and Scientific

Institutions Act, 1854, (17 and 18 Vict., c. 112). s. 20 et. seq.It has been declared to be in force in the whole of India except the Scheduled Districts,

by s. 3 the Laws Local Extent Act, 1874 (15 to 1874).. It has been extended to the New Provinces and Merged States by Act 59 of 1949.

3 Ins by Act 22 of 1927, s. 2.I Section lA and IB were ins'erted by Born. 11 of 1956, s. 2.; These words were substituted for the words" throughout the Pre-Reorganisation State

of Bombay, excluding the Transferred territories" by Born. 76 of 1958, s. 2(d)(i)."Subs. by the Mah. A.O. 1960 for" State of Bombay".j Subs. by Born. 76 of 1958. s. 2(d)Cii).

(G.C.P.) H 4015-2 (10,100-8-03)

Preamble

Interrrd:llion

Reglstral ofSocietiesand Assistant

Registrars

Societies

formed byMemorandumof AssoL'lationand

Registration.

2

2. The memorandum of association shall contain the following things (thatis to say):-

the name of the Society;the objects of the Society;the names, addresses and occupations ofthe governor<;, council, dir8f'tors,

committee, or other governing body to whom, by the rules of the society,the management of its affairs i<;entrusted.A copy of the rules and regulations of the socif'ty, certified b be a COITf'rt

copy by not less than three of the members of the governing body, shall befiled with the memorandum of associatIOn.

Registration 3. Upon such memorandum and certified copy being filed, the registr'1rand fees. shall 1[subJect to the provisions of sectIOn 3A] certify under hIs hand that the

society is registered under this Act. Thde shall be paid to the registrar forevery such registration a fee of fifty rupees, or such smaller fees as 2[the StateGovernment] may, from time to time, direct; and all fees so paid shall beaccounted for 3[the State Government] :

4 [Providedthat no suchfeeshallbep:1yableforthe registrationofa societyformedwith the object ofrunning an educational institution in any area in which the Centra:!Province8 and Berar Vidya Mandir Act, 1-.939,is in force, if the objects are similarto the objects of Vidya Mandir established under Part I of that Act.]

Prohibition 5 [3A. No society shall be registered by a name which, in the opinion of. agalllS}the Registrar, is undesirable, being a name which is identical with or whichreglst

tratlOn

toh in the opinion of the RegIstrar so nearly resembles the name by which anySOCle les WI th

.t

. .t h b

.I

.t d tb I k I t d

",undesirable 0 er eXlSIng SOCley a8 een prevIOus j regIs ere, as 0 e 1 e y 0 eCelVe

names. the public or members ofeither society, orwhich, without the previous permissionofthe Government concerned suggests or is calculated to suggest the patronageofthat Government or connection with any body con<;tituted Lythat Governm pntor any local authority or which may, subject to any rules made in this behalf,be deemed 'to be undesirable by the Registrar.]

4. Once in every year, on or before the fourteenth day succeeding the dayon which, according to the rules of the society, the annual general meetingofthe society is held, or; ifthe rule<;do not provide for an annual general meeting,in the month ofJanuary, a list 6[shall be filedwith the Registrar ofthe names],addresses and occupation8 of the governors, council, directors, committee orother governing body then entrusted with the management of the affairs ofthe society.

Powerof 7[4A. (1) The Registrar may serve or caU8e or cause to be served, on the'Registrarto governing body entrusted with the management of the affairs of any society£ call for lll- registered under thi8 Act a notice requiring it to furnish in such mannero~atlOF or as may be prescribed by rules, information or returns relating to personsreg~:~~~ employed by the society, their conditions of employment (including their

bodyof emoluments, any contribution8, concessions or other benefit8 and amenitiessociptyand provided for employees) and matters relating thereto, as may be prescribedprovisions by such rules. .

relating (2) The form in which such information or return8 should be furnished, thethereto. particular8 which they should contain fuld the intervals (if any) in which such

information or return should be furnished, shall be such as may be prescribedby rule8.

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

Memoran-dum of

Association.

C l' &BerarIII ()f1940.

Annual listof managing

body to befiled.

1 Ins..by Mah. 11 of 1968, s. 2. ,2 Subs. successively by the A. O. 1937 and the A. O. 1950 for" the Governor-General of

India in council ".:J Subs. by ibid, for" Governmpnt ".4 This proviso was added by Born. 76 of 1958, s. 3.5Section 3A was inserted by Mah. 11 of 1968, s. 3.GSubs. by Born. 76 of 1958. s. 2(d)(iii).7Section 4A was inserted by Mah. 11 of 1968, s. 4.

3

(4) No information or return collected for the purpose of this section shallwithout the previous consent in writing of the society in relation to WhIChtheinformation or return was given or made, be published in such manner aswould enable any particulars to be identified as r€ferringto a particular society.

XL (5) Except for the purposes of a prosecution under section llA or under theV of Indian Penal Code, no person other than the Registrar or any person duly

1860. specified by him in this bE-half,shall be permitted to see any information orreturn 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 ingood faith done or intended to be done in pursuance of this section.

5. The property movable and immovable, belonging to a society registeredunder this Act, if not vested in trustees, shall be deemed to be vested, for thetime being in the governing body of such society and in all proceedlllgs, civiland criminal, may be described as the property of the governing body of suchsociety by their proper title.

6. Every society registered under this Act may'sue or be sued in the nameof the president, chairman, or principal secretary, or trustees as shall bedetermined by the rules and regulations of the society, and in default of suchdetermination, in the name of such person as shall be appointed by the governingbody for the occasion:

Provided that it shall be competent for any person having a claim or demandagainst the bociety, to sue the president or chairman, or principal secretaryofthe trustees thereof, if on application to the governing body some other officeror person be not nominated to be the defendant.

7. No suit or proceeding in any Civil Court shall abate or discontinue by Suits notreason c.f the person, by or against whom such suit or proceeding shall have to abate.been brought or continued, dying or ceasing to fill the character in the namewhereof he shall have sued or been sued, but the same suit or proceeding shallbe continued in the name of or against the succe3sor of such person.

8. If a judgement shall be reCovered against the person or officer namedon behalf of the society, such judgement shall not be put in force against theproperty 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 judgement, the fact of theparty against whom it shall have been recovered having sued or having beensued, as the case may be, on behalf of the society only, and shall require tohave the judgement wforced against the property of the society.

9. Whenever by any bye-law duly made in accordance with the rules andregulations ofthe society, or, if the rules do not provide for the m~ng of bye-laws, by any bye-law made at a general meeting of the members of the societyconvened for the purpose (for the malling of which the copcurrent votes ofthree-fifths of the members present at such meeting shall be neces3ary), apy pecuniarypenalty is imposed for the breach of any rule or bye-law oBhe society, suchpenalty, when accrued may b~ recovered in any Court havingjurisdiction wherethe defendant shall rcI3ide, or the society shall be situate, as the governing bodythereof shall deem expedient. .

10. Any member who may be in arrear of a subscription v{hichaccording Membersto the rules of the society he is bound to pay, or who shall pOS3e3Shimself of liable to beor detain any property of the society in a manner or for a time contrary to sued assuch rules, or shall injure or destroy any property of the society, may be sued strangers.for such arrear or for the damage accruing ITom such detention, injury ordestruction of property in the manner herein before provided.

Property ofsociety howvested.

Suits byand againstSocieties.

Enforcementof judgementagainstsociety.

Recoveryof penaltyaccruingunderbye-law.

Recovery But if the defendants sh:'111be successful in"any suitor other proceedingby successful brought against him at the instance of the society, and shall be adjudged todefendantof recover his costs, he may elect to proceed to recover the same from the officer

d' ~os~sin whose n~e the suit shall be brought, or from the society, and in the lattera JU ge , case shaIlhave process against the property ofthe said society in the manner

above described. ,

Members 11. Any, member of the society who shall steal, purloin, or embezzle anyguilty of money 01' ot):ler' property, or wilfUlly and maliciously ;destroy or injure any

unis~~:~c:: property of such society, or shall forge any deed, bond, security for,"money,receipt,P strangers or other instrument, whereby the funds of the society may be exp,osed to loss,

, shall be subject to the same prosecution, and, if convicted, shall be liable tobe punished in like manner, as any person not a member would be subjectand liable to in respect of the like offence.

1[11A. If the governing body entrusted with th~ management of the affairsof any society registered under this Act required to furnish any informationor return--

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

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

(iii) refuses to answer or wilfully gives a false answer to any questionnecessary.for obtaining any information required to be furnished under section4A, such governing body, shall for each such offence, on conviction, be punishedwith fine which may e}.1;endto fifty rupees.

lIB. If the Registrar or any person duly authorised by him in~connectionwith the collection of any information or returns under this Act wilfully disclosesany infoqnation or the contents of any return given or made under this Actotherwise than in the execution of his duties under this Act or for the purposesof the prosecution of an offence under this Act or the Indian Penal Code, he XLVshall, on conviction, be punished for such offencewith fine which may extend ofto two hundred rupees. 1860,

Cognizance lIC. ~o prosecution for an offence under section llA shall be instituted,of offences, except by or with the sanction ofthe Registrar, and no prosecution for an offence

under section lIB shall be instituted except by or with the consent of the StateGovernment.]

12. Whenever it shall appear to the go~erning body of any society registeredunder this Act, which has been established for any particular purpose orpurposes, that it is advisable to alter, extend or abridge such purpose to orfor other purposes within the meaning ofthis Act, or to amalgamate such societyeither wholly or partially with any other society 2[forwhenever the governingbody of any society registered under this Act decides to change the name ofthe society], such governing body may submit the proposition to the membersof the society in a written or painted report and may convene a special meetingfor the consideration thereof according to the regulations of the society,

but no such proposition shall be carried into effect unless such report shallhave been delivered or sent by post to every member of the society ten daysprevious to the special meeting convened by the governing body for theconsideration thereof, nor unless such proposition shall have been agreed toby 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 secondspecial meeting convened by the governing body at an interval of one monthafter the former meeting.

Penalty forcontravening

Section 4A

Penalty forimproper

disclosureof informa-

tion orreturn.

Societiesenabled to

alter, extendor abridge

theirpurposes.

4

1Sections llA to llC were inserted by Mah. 11 of 1968, s. 5.

2 These words were inserted by Born. 53 of 1948, s. 2.

5

1[12A (1) Where a proposition for change of name has been agreed to andconfirmed in the manner prescribed by section 12, a copy of the propositionso agreed to and confirmed shall be forwarded to the Registrar 2[* * *]for registering the change of name. .3[Ifthe proposed change in nanIe is in hisopinion Wldesirable for any of the reasons mentioned in section 3A], theRegistrar shall refuse to register the change of name.

(2) Save as provided in sub-section (1), the Registrar shall, if he is satisfiedthat the provisions of this Act in respect of change of name have been compliedwith, register the change of name and issue a certificate of registration alteredto meet the circumstances of the case. On the issue of such a certificate thechange of name shall be completed. .

(3) The Registrar shall charge for any copy of a certificate issued Wlder sub-section (2) a fee of rupee one and all fees so paid shall be accoWlted for to the4[State] Government.

5[(4) If, through inadvertance or otherwise, a society is registered by a namewhich should not have been registered (due regard being had to the provisionsof section 3A), the Registrar may, after hearing the party concerned, directthe society to change the name; and the society shall change its name withina period of three months from the date of the direction in accordance with theprovisions of this Act or such longer period as the Registrar may think fit toallow.]

12B. The change in the name of a society shall not affect any rights orobligations ofthe society or render defective any legal proceeding by or againstthe society; and any legal proceeding which might have been continued orcommenced by or against it its fonner name may be continued or commencedby or against it by its new name.

12C. If any society registered under this Act has, before the date of thecoming into force ofthe Society Registration (Bombay Amendment) Act, 1948intimated to the Registrar of Companies the change of its n'ame and if theRegistrar has recorded such change, the Registrar may notwithstanding anythingcontained in this Act, on an application made by the soci~ty in this behalf andon payment of a fee as provided for in sub-section (3) of section 12A, registerthe 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 shallbe deemed to be complete from the date on which such change was recordedby the Registrar, notwithstanding the fact that the society had not followedthe procedure prescribed in sections 12 and 12A.]

6[12D. (1) Every governing body entrusted with the management of theaffairs of a society registered Wlder this Act (not being a public trust within

Born. the meaning of the Bombay Public Trusts Act, 1950) shall keep regular accounts.~ (2) Such accounts shall be kept in such form as may be approved by the1950. Registrar and shall contain such particulars as may be prescribed by rules.

(3). The accoWlts shall be balanced each year. on the thirty~first day of Marchor such other day as may be fixed by the Registrar.

Born.LIII of

1948.

1 Sections 12A to 12C were inserted by Bom. 53 of 1948, s. 3.2 The words "of Companies" were deleted by Born. 11 of 1956, s. 4. .3 These words, figures and letter were substituted for the portion beginning with the words

" if the proposed name" and ending with the words "or the members) of either society"by Mah. 11 of 1968, s. 6 (a):

4 This word was substituted by the Adaptation of Laws Order, 1950.5 Sub-section (4) was inserted by Mah. 11 of 1968, s. 6(b).6 Sections 12D and 12E were inserted, ibid., s. 7.

Regi~tl"at.iol1

of chang"ofmun..

Effect ofchange ofname.

Registriltionof change ofnamesefiectedbeforecoming intoforcE' ofBorn. LllI,of 1948.

MaintenancE'of accountsand thpirbalancingandauditing.

Auditor'sduty topreparebalance

sheet andto report

inegularibesetc.

Provisionfor

dissolutionof societiesand adJust-

ment oftheIr

affaIrs.

Assentrequired.

Govern-ment

consent.

Upona dissolution

no memberto receive

profit.

Clause notto apply toJOillt-btockCompanies.

6

(4) The accounts shall be audited annually in such manner as may beprescribed by rules and by a person who is a charterd accountant within themeaning of the Chartered Accountants Act, 1949, or by such other person as 38 ofmay be authorised in this behalf by the State Government. . 1949.

12E. ' (1) It shall be the duty of every auditor auditing the accounts of asociety under section 12Dto pH?-parea balance sh(;;Etand inwme and txpEonditureaccount and to forward a copy of the same to the Registrar.

(2) The' auditor shall in his 'report specify all cases of irregular, illegal orimproper expenditure, or failure or omission to recover moneys or other propertybtlonging to the society or of loss or waste of money or othu property thueof;and state whether such expenditure, failure, ommission, loss or waste wascaused in consequences of breach of trust or misapplication or any othermisconduct on the part of the governing body or any othu person].

13. Any number not less than three-fifths of the members of any societymay determine that it shall be dissolved, and thereupon it shall be dissolvedforthwith, or at the time then agreed upon, and all necessary steps shall betaken for the disposal and settlement of the property of the society, its claimsand liabilities, according to the rules of the said society applicable thereto, ifany, and, if not, then as the governing body shall fmd Expedient, providedthat, in the event of any dispute arising among the said governing body orthe membus of the society, the adjustment of its affairs shall be referred tothe principal Court of original Civil Jurisdiction of the district in which thechief building of the society is situate; and the Court shall malm such.,orderin the mattu as it shall deem requisite:

Provided that no society shall be dissolved unless three-fIfths of the membersshall have expressed a wish for such dissolution by their votes delivered inperson, or by proxy, at a general meeting convened for the purpo-se :

Provided that '[whenever any Government] is a member of,or a contributorto otherwise intereGted in, any society registered under this Act, such societyshall not be dissolved 2[without the consent of the Government of the Stateof registration]. #',

*14. If upon the dissolution of any society registered under this Act thereshall remain after the satisfaction of all its debts and liabilities any propertywhatsoever, the same shall not be paid to or distributed among the membersof the said society or any of them, but shall be given to some other society,to be determined by the votes, ofnot less than three-fifths ofthe members presentpersonally or by proxy at the time of the dissolution, or, in dtfault thereof,by such Court as aforesaid:

Provided, however, that this clause shall not apply to any society which shallhave been founded or established by the contributions of shareholders in thenature of a Joint-stock Company. .

1 Subs. by the A. O. 1937, for" whenever the Govermnent ".2 Sub. ibid., for" without the consent of Govermnent.".

'" Section 1 of Born. 2 of 1912, reads as follows :-

" Notwithstanding anything contallled in section 14 of the Societies Registration Act, 1960hereinafter called" the said Act ", it shall be lawful for the members of any society dissolvedunder section 13 of the said Act 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 whatsoeverremaining roteI' the satisfaction of all its debts and liabilities shall be given to Govcrmncnt tobe utiliGed or any of purposes referred to in section 1 of the said Act."

7

15. For the purposes of this Act a member of a society shall be a per<;on i\lP:llj,PJwho, having been admitted therein according to the rules and regulation" defmedthereof, shall have paid a subscription or shall have signed the roll or list ofmembers thereof, and shall not have resigned in accordance with such rulesand n>gulation<;;but in all procE'eding<;under this Art no person shall be entitled Djqqunliuedto vote 'or be counted as a member who<;esub<;criptionat the time shall have members,been in arrear for a period exceeding three months.

16. The governing body of the society shall be the governor8, council,dire-rtors committee, trustees or other body to whom by the rules and regulationsof the society the management of its affairs is entrusted.

17. Any company or soriety establi<;hed for a literary, scientific or charitablegurpose, and registered under 1ActXLIIIof1850,or any such societyestablishedand con<;tituted previously to the 2[comnwnccment of this Act in the relevantpart of the State but not registered under the Act 43 of 1850] or any law forregistration of societies or companies in force immediately before suchcon;tmencement, as the case m3.Ybe, may at any time hereafter be registeredas a society under this Act; subject to the proviso that no such company orsociety shall be registered under thi<; Act unless an a<;sent to its being so Asspntresistered .11<18been given by thrt>e-fifth8 of the member<; pre<;ent per8onally, requiredor by proxy, at some general meeting convened for that purpose by the governingbody.

In the ca<;eof a comp<1nyor society re0-sten:~d under lAct XLIII of 1850, thedirectors shall be deemed to be such governing body.

In the case of a society not so registered, if no such body shall have beenconstituted on the establishment of the society, it shall be competent for themembers thereof, llpon due notice, to create for itself a governing body to actfor the society thenceforth.

18. In order to any such society as is mentioned in the last preceding section Suchobtaining registry under his Act, it shall be sufficient that the governing body societiesfile with the Registrar 3* * 4* * a memorandum showing the name of the to file.

t th b.

t f th.

t d h dd d. memonn-

sone y, e 0 ~ec s 0 e SOCley, an t e n'=lll1es,a resses an occupatIOns I t .f h

.b d h

.h f I

cum, e,c,0 t e governIng 0 y, toget er WIt a copy 0 be rules and regulations of the withsociety certified as provided in section 2, and a copy of the report of the Registrarproceedings ofthe general meeting at which the registration was resolved on.J[-:,]

19. 5[Except as otherwise provided by section 4A, any person may inspect] Inspectionall documents filed with the Registrar under this Act on payment of a fee of ofone rupee for each inspection; 6[or may require the Registrar to give him doc1l'2'ents

rtified t t f d h f certlheoa ce copy or e¥ rac 0 any ocument or any part t ereo on payment ofsuch fee as the State Government or any officer authorised by it may be ?21::le~notification in the Official Gazette fix in that behalf] and such certified copyshall be prima facie evidence of the matters therein contained in all legalproceeding8 whatever.

GoverningboovoefmecL

Reg'istrqtionof societiesformedbefore Act.

1 Rep. by the'lndian Companies Act, 1866 (10 of 1866), s. 219 and'Sch. III see now theCompanies Act, 1956 (1 of 1956).

2 These words and figures were substituted for the words and figures "pass'ing of this Actbut not registered under the said Act 43 of 1850" by Bom. 76 of 19f'3, s, 4,

3 The words "of Joint-stock Companies" were deleted, ibid., s. 5. ' .4 The words and figures "under Act 19 of 1857" replaced by Act 16 of 1874, s. 1 and Sch.,

Part I, See now the Comp'lnies Act, 1956 (1 of 1956).5 These words, figures and letter were substituted for the words "any person may inspect"

by Mah. 11 of 1968, s. 8.

6 These wods were substituted for the words "and any person may requires a copy or extractof any document or any part of any document, to be certified by the registr'lr, on paymentof two annas for every ~undred words of such copy or extract" by Born. 76 of 1958, s. 6.

To whatsocieties

Actapplies.

8

20. 1[(1)] 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 promotionof science, literature, or the fine arts, for instruction, the diffusion of usefullmowledge, 2[the diffusion of political education], the foundation ormarntenanceof libraries or reading-rooms for general use among themembers or open to the public, or public mw;eums and galleries ofpaintihgs and other works ofArt, collections ofnatural history, mechanihland 'philosophical inventions, instruments, or designs.

3[(2) Notwithstanding anything contained in sub-section (1), any societyregistered under the Public Societies Registration Act for any public or Hyd. Ireligious purpose and operating in the Hyderabad area of the State of ofBombay* at, the commencement of the Societies Registration (Bombay 1350F.Extension and Amendment) Act, 1958,shall be deemed to be and continue Bom.to be registered under this Act.]-" UCf

xv, 0

1958.

Defmition. of 4[20A. For the purposes of this Act, " a Special Society" means a SocIetySp~clal formed for the purposes of the Maharashtra EducationJnstitutions (TransferSociety. of Management) Act, 1971.

20B. (1) The State Government may, by notification in the Official Gazette,direct that any of the provisions of this Act, specified in the notification--

(a) shall not apply to a Special Society; or

(b) shall apply to the Special Society with such~xceptiQ:p., modificationsand adaptations as may be specified in the notification. '

(2) A copy of every notification proposed to be issued under sub-section (1)shall be laid in draft before both the Houses of the Legislature of the Statefor a period of not less than thirty days while they are in session, and if withinthat period, either House disapproves of the issue of the notification, or approvesof such issue only with modifications, the' notification shall not be issued, oras the case may require, shall be issued only with such modifications as maybe agreed on by both the Houses.]

Ped~ing 5[21. (1) All proceedings under this Act in its application't<> the Kutch,a~d:':st~~~Madhya Pradesh and Saurashtra area of the State ofBqmbay~ pending before

I tions of the Registrar of Companies immediately before the 1st'day of May 1957 shallreferences stand transferred to the Registrflr of Societies and any such proceedings shall

to R~rc~~:~e c.ontinued and ~isposed of by such Registrar, as if it had been originallypanies in mstItuted before hIm under this Act.

instrumentsissued

or madebefore 1stMay 1957in Kutch,

MadhyaPradesh or

-Saurashtraarea of

BombayState.

Power tomodify Actin relationto SpecialSocieties.

Mah.

IXLIXof ~

1971. ' I

"-

(2) In all certIficates of registration and in ,all rules or by-laws of societiesand in other instruments issued or made, under this Act before the 1st dayof May 1957, references to the Registrar of Joint-stock Compani~s or theRegistrar of Companies shall be deemed to be and be construed as referencesto the Registrar of Societies]. .

I Section 20 was renumbered as sub-section (1) of that section, by Bom. 76 of 1958, s. 7.2 Ins. by Act 22 of 1927, s. 2.3 Sub-section (2) was added by Bom. 76 of 1958, s. 7.4 These sections were inserted as sections 21 and 22 by Mah. 49 of 1971, s. 17 and subsequently

were renumbered as sections 20A and 20B by Mah. 11 of 1976, s. 3, Second Schedule.5 Ins. vide Societies Registration Act (Bombay Adaptation) Order, 1957, Sch.'" The words "State of Bombay" and "Bombay State" shall stand unmodified, see A.D. 1960.

9

. -

1[22. (1) The State Government may, subject to the condition of previous Rules.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 afterit is made, before each House of the State Legislature while it is in sessionfor a total period of thirty days which may be comprised in one session or intwo successive sessions, and if, before the expiry of the session in which it isso laid or the session immediately following, both Houses agree in making anymodification in the'rule or both Houses agree that the rule should not be made,the rule shall from the date of publication of a notification in the Official Gazette,of such decision have effect only in' such modified form or be of no effect, asthe case may be ; so however that any such modification or annulment shallbe without prejudice to the validity of anything previously done or omitted tobe done under that rule.]

I Section 22 was added by Mab, 11 of 1968, s. 9.

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