SOCIETIES REGISTRATION ACT, 1860
[Act No. 21 of Yr. 1860]
An Act for the registration of literary,
scientific and charitable societies. Whereas it is expedient the provision
should be made for improving the legal condition or societies established
for the promotion of literature, science, or the fine arts, or for the
diffusion of useful knowledge, l[the diffusion of political education],
or for charitable purposes; It is enacted as follows :-
1. Societies formed by memorandum of association
and registration
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 filing the same with Registrar of Joint-stock
Companies 2[***] form themselves into a society under this Act.
2. Memorandum of association
The memorandum of association shall contain
the following things, that is to say,-
the name of the society;
the object of the society;
the names, addresses, and occupations of the governors, council, directors, committee, or other governing body to whom, by the rules of the society, the management of its affairs is entrusted.
A copy of the rules and 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.
3. Registration and fees
Upon such memorandum and certified copy
being filed, the Registrar shall certify under his hand that the society
is registered under this Act. There shall be paid to the Registrar for
every such registration a fee of fifty rupees, or such smaller fees as
3[the State Government] may from time to time, direct; and all fees so
paid shall be accounted for to 3[the State Government].
4. Annual list of managing body to be filed
Once in every year, on or before the fourteenth
day succeeding the day on which, according to the rules of the society,
the annual general meeting of the societies is held, or, if it rules do
not provide for an annual general meeting, in the months of January, list
shall be filed with the Registrar of Joint Stock Companies, of the names,
addresses and occupations of the governors, council, director, committee,
or other governing body then entrusted with the management of the affairs
of the society.
5. Property of society how vested
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 for their proper title.
6. Suits by and against societies
Every society registered under this Act
may sue or be sued in the name of President, Chairman, or Principal Secretary,
or trustees, as shall be determined by the rules and 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 trustees thereof, if on application the governing body some other officer or person be not nominated to be the defendant.
7. Suits not to abate
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 proceedings shall be continued in the name
of or against the successor of such person.
8. Enforcement of judgment against society
If a judgment shall be recovered against
the person or officer named on behalf of the society, such judgment shall
not be put in force against the property, 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 the party against whom it shall have been recovered having sued or having been sued, as the case may be, on behalf of the society only, and shall require to have the judgement enforced against the property of the society.
9. Recovery of penalty accruing under bye-law
Whenever by any bye-law duly made in accordance
with the rules and regulations of the society, or, if the rules do not
provide for the making of bye-laws, by any bye-laws made at a general meeting
of the members of the society convened for the purpose (for the making
of which the concurrent votes of three-fifths of the members present at
such meeting shall be necessary), any pecuniary penalty is imposed for
the breach of any rule or bye-law 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 situate, as the governing body thereof
shall deem expedient.
10. Members liable to be sued as strangers
Any member who may be in arrear of a subscription
which according to the rules 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 rules, 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 the property in the manner
hereinbefore provided.
Recovery by successful defendant of costs adjudged : But if the defendant shall be successful in any suit or other proceedings 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 the manner above described.
11. Members guilty of offences punishable
as strangers
Any member of the society who shall steal,
purloin, or embezzle any money or other property, or wilfully, and maliciously
destroy or injure any property of such society, or shall forge and 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 not a member would be subject and liable to in respect of the like
offence.
12. Societies enabled to alter, extend or
abridge their purposes
Whenever it shall appear to the governing
body of any society registered under this Act, 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; but 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, nor 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-fifths of the members
present at a second special meeting convened by the governing body at an
interval of one months after the former meeting.
13. Provision for dissolution of societies
and adjustment of their affairs
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 then agreed upon,
and all necessary steps shall be taken for the disposal and settlement
of the property of the society, its claims and liabilities according to
the rules 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 situate; and the court shall make such order
in the matter as it shall deem requisite.
Assent required: Provided that no societies shall be dissolved unless three-fifths of the members shall have expressed a wish for dissolution by their votes delivered in person, or by proxy, at a general meeting convened for the purpose:
Government consent: Provided that 4[whenever any Government] is a member of, or a contributor to, or otherwise interested in any society registered under this Act, such society shall not be dissolved 5[without the consent of the Government of the 6[State] or registration].
14. Upon a dissolution no member to receive
profit
If upon the dissolution of any society registered
under this Act there shall remain, after the satisfaction of all its debts
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 such court as
aforesaid:
Clause not to apply to Joint-stock Companies : Provided, however, that this clause shall not apply to any society which has been founded or established by the contributions of share-holders in the nature of a Joint-stock Company.
15. Member defined
For the purposes of this Act a member of
a society shall be a person who, having been admitted therein according
to the rules and regulations thereof, shall have paid a subscription, or
shall have signed the roll or list of members thereof, and shall not have
resigned in accordance with such rules and regulations;
Disqualified members : But in all proceedings under this Act no person shall be entitled to vote or be counted as a member whose subscription at the time shall have been in arrears for a period exceeding three months.
16. Governing body defined
The governing body of the society shall
be the governors, council, directors, committee, trustees, or other body
to whom by the rules and regulations of the society the management of its
affairs is entrusted.
17. Registration of societies formed before
Act
Any company or society established for a
literary, scientific or charitable purpose, and registered under Act 43
of 1850 7, or any such society established and constituted previously to
the passing of this Act but not registered under the said Act 43 of 1850
may at any time hereafter be registered as a society under this Act.
Assent required : Subject to the proviso that no such company or society shall be registered under this Act unless an assent to its being so registered has been given by three-fifths of the members present personally, or by proxy, at some general meeting convened for that purpose by the governing body.
In the case of a company or society registered under this Act 43 of 18507, the directors shall be deemed to be such governing body.
In the case of a society not so registered, if no such body shall have been constituted on the establishment of the society, it shall be competent for the members thereof, upon due notice, to create for itself a governing body to act for the society thenceforth.
18. Such societies to file memorandum, etc.
with Registrar of Joint-stock Companies
In order to any such society as is mentioned
in the last proceeding section obtaining registry under this Act, it shall
be sufficient that the governing body file with the Registrar of Joint-stock
Companies 2[* * *] a memorandum showing the name of the society, the objects
of the society, and the names, addresses and occupations of the governing
body, together with a copy of the rules and regulations of the society
certified as provided in section 2, and a copy of the report of the proceedings
of the general meeting at which the registration was resolved on.
19. Inspection of documents
Any person may inspect all documents filed
with the Registrar under this Act on payment of a fee of one rupee for
each inspection; and any person may require a copy or extract of any document
or any part of any document, to be certified by the registrar, on payment
of two annas for every hundred words of such copy or extract; and such
certified copy shall be prima facie evidence of the matters therein contained
in all legal proceedings whatever.
20. To what societies Act applies
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 promotion of science, literature, or the fine arts for instruction, the diffusion of useful knowledge, 1[the diffusion of political education], the foundation or maintenance of libraries or reading-rooms for general use among the members or open to the public or public museums and galleries of paintings and other works of art, collections of natural history, mechanical and philosophical inventions, instruments, or designs.
Foot Notes
1 Inserted by Act 22 of 1927.
2 Phrase "under Act No. 19 of 1857" omitted by Act 16 of 1874.
3 Substituted by the Adaptation of Laws Order, 1950, for the phrase "provincial Government".
4 Substituted by the Adaptation of Indian Laws Order, 1937, for the words "whenever the Government".
5 Substituted by the Adaptation of Indian Laws Orders, 1937, for the phrase "without the consent of the Government of state of Registration".
6 Substituted by the Adaptation of Laws Order, 1950, for the word "Province".
7 Act No. 43 of 1850 which is the Joint Stock
Companies Act, 1850 stands repealed by s. 219 of Indian Companies Act,
1866 (10 of 1866) which was also repealed by the Companies Act, 1956.