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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 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.
2
2. The memorandum of association shall contain the following things (that
is 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 be
filed with the memorandum of associatIOn.
Registration 3. Upon such memorandum and certified copy being filed, the registr'1r
and 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 for
every such registration a fee of fifty rupees, or such smaller fees as 2[the State
Government] may, from time to time, direct; and all fees so paid shall be
accounted for 3[the State Government] :
4 [Providedthat nosuchfeeshallbep:1yablefortheregistrationofa societyformed
with the objectofrunning 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 similar
to 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
t
ratlOn
t
o
h 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 permission
ofthe Government concerned suggests or is calculated to suggest the patronage
ofthat Government or connection with any body con<;tituted Lythat Governm pnt
or 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 day
on which, according to the rules of the society, the annual general meeting
ofthe 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 or
other governing body then entrusted with the management of the affairs of
the 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
£ callfor lll- registered under thi8 Act a notice requiring it to furnish in such manner
o~atlOF or as may be prescribed by rules, information or returns relating to persons
reg~:~~~ employed by the society, their conditions of employment (including their
bodyof emoluments, any contribution8, concessions or other benefit8 and amenities
sociptyand provided for employees) and matters relating thereto, as may be prescribed
provisions by such rules. .
relating (2) The form in which such information or return8 should be furnished, the
thereto. 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 prescribed
by rule8.
(3) The notice referred to in sub-section (1) may be served by post.
Memoran-
dum of
Association.
C l' &
Berar
III ()f
1940.
Annual list
of managing
body to be
filed.
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 shall
without the previous consent in writing of the society in relation to WhIChthe
information or return was given or made, be published in such manner as
would 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 the
V 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 or
return 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 in
good faith done or intended to be done in pursuance of this section.
5. 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 proceedlllgs, civil
and criminal, may be described as the property of the governing body of such
society by their proper title.
6. Every society registered under this Act may'sue or be sued in the name
of the 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 ofsuch 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 bociety, to sue the president or chairman, or principal secretary
ofthe trustees thereof, if on application to the governing body some other officer
or person be not nominated to be the defendant.
7. No suit or proceeding in any Civil Court shall abate or discontinue by Suits not
reason c.fthe 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 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 succe3sor of such person.
8. If a judgement shall be reCovered against the person or officer named
on behalf of the society, such judgement 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 wforced against the property of the society.
9. Whenever by any bye-law duly made in accordance with the rules and
regulations 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 society
convened for the purpose (for the malling ofwhich the copcurrent votes ofthree-
fifths ofthe members present at such meeting shall be neces3ary), apy pecuniary
penalty is imposed for the breach of any rule or bye-law oBhe society, such
penalty, when accrued may b~ recovered in any Court havingjurisdiction where
the defendant shall rcI3ide,or the society shall be situate, as the governing body
thereof shall deem expedient. .
10. Any member who may be in arrear of a subscription v{hichaccording Members
to the rules of the society he is bound to pay, or who shall pOS3e3Shimself of liableto be
or detain any property of the society in a manner or for a time contrary to sued as
such 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 or
destruction of property in the manner herein before provided.
Property of
society how
vested.
Suits by
and against
Societies.
Enforcement
of judgement
against
society.
Recovery
of penalty
accruing
under
bye-law.
Recovery But if the defendants sh:'111be successful in"any suitor other proceeding
by successful brought against him at the instance of the society, and shall be adjudged to
defendantof 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 latter
a JU ge , case shaIlhave process against the property ofthe said societyin the manner
above described. ,
Members 11. Any, member of the society who shall steal, purloin, or embezzle any
guilty of money 01' ot):ler' property, or wilfUlly and maliciously ;destroy or injure any
unis~~:~c:: property ofsuch 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 to
be punished in like manner, as any person not a member would be subject
and liable to in respect of the like offence.
1[11A. If the governing body entrusted with th~ management of the affairs
of any society registered under this Act required to furnish any information
or return--
(i) wilfully refuses or without lawful excuse neglects to furnish such
information or return as may be required under section 4A; or
(ii) wilfully furnishes or causes to be furnished any information or return
which it knows, to be false; or
(iii) refuses to answer or wilfully gives a false answer to any question
necessary.for obtaining any information required to be furnished under section
4A, such governing body, shall for each such offence, on conviction, be punished
with fine which may e}.1;endto fifty rupees.
lIB. If the Registrar or any person duly authorised by him in~connection
with the collection ofany information or returns under this Act wilfully discloses
any infoqnation or the contents of any return given or made under this Act
otherwise than in the execution of his duties under this Act or for the purposes
of the prosecution of an offence under this Act or the Indian Penal Code, he XLV
shall, on conviction, be punished for such offencewith fine which may extend of
to two hundred rupees. 1860,
Cognizance lIC. ~o prosecution for an offenceunder section llA shall be instituted,
of offences, exceptbyor with the sanction ofthe Registrar, and noprosecution foran offence
under section lIB shall be instituted except by or with the consent of the State
Government.]
12. Whenever it shall appear to the go~erning 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 ofthis Act, or to amalgamate such society
either wholly or partially with any other society 2[forwhenever the governing
body of any society registered under this Act decides to change the name of
the society], such governing body may submit the proposition to the members
of the society in a written or painted 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 month
after the former meeting.
Penalty for
contravening
Section 4A
Penalty for
improper
disclosure
of informa-
tion or
return.
Societies
enabled to
alter, extend
or abridge
their
purposes.
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 and
confirmed in the manner prescribed by section 12, a copy of the proposition
so 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 his
opinion Wldesirable for any of the reasons mentioned in section 3A], the
Registrar shall refuse to register the change of name.
(2) Save as provided in sub-section (1), the Registrar shall, if he is satisfied
that the provisions of this Act in respect of change of name have been complied
with, register the change of name and issue a certificate of registration altered
to meet the circumstances of the case. On the issue of such a certificate the
change 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 the
4[State] Government.
5[(4) If, through inadvertance or otherwise, a society is registered by a name
which should not have been registered (due regard being had to the provisions
of section 3A), the Registrar may, after hearing the party concerned, direct
the society to change the name; and the society shall change its name within
a period of three months from the date of the direction in accordance with the
provisions of this Act or such longer period as the Registrar may think fit to
allow.]
12B. The change in the name of a society shall not affect any rights or
obligations ofthe society or render defective any legal proceeding by or against
the society; and any legal proceeding which might have been continued or
commenced by or against it its fonner name may be continued or commenced
by or against it by its new name.
12C. If any society registered under this Act has, before the date of the
coming into force ofthe Society Registration (Bombay Amendment) Act, 1948
intimated to the Registrar of Companies the change of its n'ame and if the
Registrar has recorded such change, the Registrar may notwithstanding anything
contained in this Act, on an application made by the soci~ty in this behalf and
on payment of a fee as provided for in sub-section (3) of section 12A, register
the 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 shall
be deemed to be complete from the date on which such change was recorded
by the Registrar, notwithstanding the fact that the society had not followed
the procedure prescribed in sections 12 and 12A.]
6[12D. (1) Every governing body entrusted with the management of the
affairs of a society registered Wlder this Act (not being a public trust within
Born. the meaning ofthe Bombay Public Trusts Act, 1950) shall keep regular accounts.
~ (2) Such accounts shall be kept in such form as may be approved by the
1950. 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 ofMarch
or 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 "ofCompanies" 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 of
change of
name.
Registriltion
of change of
names
efiected
before
coming into
forcE' of
Born. LllI,
of 1948.
MaintenancE'
of accounts
and thpir
balancing
and
auditing.
Auditor's
duty to
prepare
balance
sheet and
to report
inegularibes
etc.
Provision
for
dissolution
of societies
and adJust-
ment of
theIr
affaIrs.
Assent
required.
Govern-
ment
consent.
Upon
a dissolution
no member
to receive
profit.
Clause not
to apply to
JOillt-btock
Companies.
6
(4) The accounts shall be audited annually in such manner as may be
prescribed by rules and by a person who is a charterd accountant within the
meaning of the Chartered Accountants Act, 1949, or by such other person as 38 of
may be authorised in this behalf by the State Government. . 1949.
12E.' (1) It shall be the duty of every auditor auditing the accounts of a
society under section 12Dto pH?-parea balance sh(;;Etand inwme and txpEonditure
account and to forward a copy of the same to the Registrar.
(2) The' auditor shall in his 'report specify all cases of irregular, illegal or
improper expenditure, or failure or omission to recover moneys or other property
btlonging to the society or of loss or waste of money or othu property thueof;
and state whether such expenditure, failure, ommission, loss or waste was
caused in consequences of breach of trust or misapplication or any other
misconduct on the part of the governing body or any othu person].
13. 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 fmd Expedient, provided
that, in the event of any dispute arising among the said governing body or
the membus 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 malm such.,order
in the mattu as it shall deem requisite:
Provided that no society shall be dissolved unless three-fIfths ofthe 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 purpo-se :
Provided that '[whenever any Government] is a member of,or a contributor
to otherwise intereGted in, any society registered under this Act, such society
shall not be dissolved 2[without the consent of the Government of the State
of registration]. #',
*14. 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, ofnot less than three-fifths ofthe members present
personally 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 shall
have been founded or established by the contributions of shareholders in the
nature 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, 1960
hereinafter called" the said Act ", it shall be lawful for the members of any society dissolved
under 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 whatsoever
remaining roteI' the satisfaction of all its debts and liabilities shall be given to Govcrmncnt to
be 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 ilP:llj,PJ
who, having been admitted therein according to the rules and regulation" defmed
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 n>gulation<;;but in all procE'eding<;under this Art no person shall be entitled Djqqunliued
to 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 regulations
of the society the management of its affairs is entrusted.
17. Any company or soriety establi<;hed for a literary, scientific or charitable
gurpose, and registered under 1ActXLIIIof1850,orany such societyestablished
and con<;tituted previously to the 2[comnwnccment of this Act in the relevant
part of the State but not registered under the Act 43 of 1850] or any law for
registration of societies or companies in force immediately before such
con;tmencement, as the case m3.Ybe, may at any time hereafter be registered
as a society under this Act; subject to the proviso that no such company or
society shall be registered under thi<; Act unless an a<;sent to its being so Asspnt
resistered .11<18been given by thrt>e-fifth8 of the member<; pre<;ent per8onally, required
or by proxy, at some general meeting convened for that purpose by the governing
body.
In the ca<;eof a comp<1nyor society re0-sten:~d under lAct XLIII of 1850, 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, llpon due notice, to create for itself a governing body to act
for the society thenceforth.
18. In order to any such society as is mentioned in the last preceding section Such
obtaining registry under his Act, it shall be sufficient that the governing body societies
file 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 with
society certified as provided in section 2, and a copy of the report of the Registrar
proceedings ofthe general meeting at which the registration was resolved on.J[-:,]
19. 5[Except as otherwise provided by section 4A, any person may inspect] Inspection
all documents filed with the Registrar under this Act on payment of a fee of of
one rupee for each inspection; 6[or may require the Registrar to give him doc1l'2'ents
rtified t t f d h f certlheo
a ce copy or e¥ rac 0 any ocument or any part t ereo on payment of
such 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 copy
shall be prima facie evidence of the matters therein contained in all legal
proceeding8 whatever.
Governing
boov
oefmecL
Reg'istrqtion
of societies
formed
before Act.
1 Rep. by the'lndian Companies Act, 1866 (10 of 1866), s. 219 and'Sch. III see now the
Companies Act, 1956 (1 of 1956).
2 These words and figures were substituted for the words and figures "pass'ing of this Act
but 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 extract
of any document or any part of any document, to be certified by the registr'lr, on payment
of two annas for every ~undred words of such copy or extract" by Born. 76 of 1958, s. 6.
To what
societies
Act
applies.
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 promotion
of science, literature, or the fine arts, for instruction, the diffusion of useful
lmowledge, 2[the diffusion of political education], the foundation or
marntenanceof libraries or reading-rooms for general use among the
members or open to the public, or public mw;eums and galleries of
paintihgs and other works ofArt, collections ofnatural history, mechanihl
and 'philosophical inventions, instruments, or designs.
3[(2) Notwithstanding anything contained in sub-section (1), any society
registered under the Public Societies Registration Act for any public or Hyd. I
religious purpose and operating in the Hyderabad area of the State of of
Bombay* 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 SocIety
Sp~clal formed for the purposes of the Maharashtra EducationJnstitutions (Transfer
Society. 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., modifications
and 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 State
for a period of not less than thirty days while they are in session, and if within
that period, either House disapproves of the issue of the notification, or approves
of such issue only with modifications, the' notification shall not be issued, or
as the case may require, shall be issued only with such modifications as may
be 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 shall
references 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 originally
panies in mstItuted before hIm under this Act.
instruments
issued
or made
before 1st
May 1957
in Kutch,
Madhya
Pradesh or
-Saurashtra
area of
Bombay
State.
Power to
modify Act
in relation
to Special
Societies.
Mah.
I
XLIX
of ~
1971. ' I
"-
(2) In all certIficates of registration and in ,all rules or by-laws of societies
and in other instruments issued or made, under this Act before the 1st day
of May 1957, references to the Registrar of Joint-stock Compani~s or the
Registrar of Companies shall be deemed to be and be construed as references
to 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 after
it is made, before each House of the State Legislature while it is in session
for a total period of thirty days which may be comprised in one session or in
two successive sessions, and if, before the expiry of the session in which it is
so laid or the session immediately following, both Houses agree in making any
modification 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, as
the case may be ; so however that any such modification or annulment shall
be without prejudice to the validity of anything previously done or omitted to
be done under that rule.]
I Section 22 was added by Mab, 11 of 1968, s. 9.
...
Printed at the Government Central Press, Mumbai

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Apartment Management: Maharashtra Societies Registration Act 1860

  • 1. 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.
  • 2. 2 2. The memorandum of association shall contain the following things (that is 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 be filed with the memorandum of associatIOn. Registration 3. Upon such memorandum and certified copy being filed, the registr'1r and 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 for every such registration a fee of fifty rupees, or such smaller fees as 2[the State Government] may, from time to time, direct; and all fees so paid shall be accounted for 3[the State Government] : 4 [Providedthat nosuchfeeshallbep:1yablefortheregistrationofa societyformed with the objectofrunning 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 similar to 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 t ratlOn t o h 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 permission ofthe Government concerned suggests or is calculated to suggest the patronage ofthat Government or connection with any body con<;tituted Lythat Governm pnt or 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 day on which, according to the rules of the society, the annual general meeting ofthe 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 or other governing body then entrusted with the management of the affairs of the 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 £ callfor lll- registered under thi8 Act a notice requiring it to furnish in such manner o~atlOF or as may be prescribed by rules, information or returns relating to persons reg~:~~~ employed by the society, their conditions of employment (including their bodyof emoluments, any contribution8, concessions or other benefit8 and amenities sociptyand provided for employees) and matters relating thereto, as may be prescribed provisions by such rules. . relating (2) The form in which such information or return8 should be furnished, the thereto. 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 prescribed by rule8. (3) The notice referred to in sub-section (1) may be served by post. Memoran- dum of Association. C l' & Berar III ()f 1940. Annual list of managing body to be filed. 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. 3 (4) No information or return collected for the purpose of this section shall without the previous consent in writing of the society in relation to WhIChthe information or return was given or made, be published in such manner as would 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 the V 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 or return 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 in good faith done or intended to be done in pursuance of this section. 5. 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 proceedlllgs, civil and criminal, may be described as the property of the governing body of such society by their proper title. 6. Every society registered under this Act may'sue or be sued in the name of the 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 ofsuch 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 bociety, to sue the president or chairman, or principal secretary ofthe trustees thereof, if on application to the governing body some other officer or person be not nominated to be the defendant. 7. No suit or proceeding in any Civil Court shall abate or discontinue by Suits not reason c.fthe 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 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 succe3sor of such person. 8. If a judgement shall be reCovered against the person or officer named on behalf of the society, such judgement 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 wforced against the property of the society. 9. Whenever by any bye-law duly made in accordance with the rules and regulations 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 society convened for the purpose (for the malling ofwhich the copcurrent votes ofthree- fifths ofthe members present at such meeting shall be neces3ary), apy pecuniary penalty is imposed for the breach of any rule or bye-law oBhe society, such penalty, when accrued may b~ recovered in any Court havingjurisdiction where the defendant shall rcI3ide,or the society shall be situate, as the governing body thereof shall deem expedient. . 10. Any member who may be in arrear of a subscription v{hichaccording Members to the rules of the society he is bound to pay, or who shall pOS3e3Shimself of liableto be or detain any property of the society in a manner or for a time contrary to sued as such 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 or destruction of property in the manner herein before provided. Property of society how vested. Suits by and against Societies. Enforcement of judgement against society. Recovery of penalty accruing under bye-law.
  • 4. Recovery But if the defendants sh:'111be successful in"any suitor other proceeding by successful brought against him at the instance of the society, and shall be adjudged to defendantof 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 latter a JU ge , case shaIlhave process against the property ofthe said societyin the manner above described. , Members 11. Any, member of the society who shall steal, purloin, or embezzle any guilty of money 01' ot):ler' property, or wilfUlly and maliciously ;destroy or injure any unis~~:~c:: property ofsuch 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 to be punished in like manner, as any person not a member would be subject and liable to in respect of the like offence. 1[11A. If the governing body entrusted with th~ management of the affairs of any society registered under this Act required to furnish any information or return-- (i) wilfully refuses or without lawful excuse neglects to furnish such information or return as may be required under section 4A; or (ii) wilfully furnishes or causes to be furnished any information or return which it knows, to be false; or (iii) refuses to answer or wilfully gives a false answer to any question necessary.for obtaining any information required to be furnished under section 4A, such governing body, shall for each such offence, on conviction, be punished with fine which may e}.1;endto fifty rupees. lIB. If the Registrar or any person duly authorised by him in~connection with the collection ofany information or returns under this Act wilfully discloses any infoqnation or the contents of any return given or made under this Act otherwise than in the execution of his duties under this Act or for the purposes of the prosecution of an offence under this Act or the Indian Penal Code, he XLV shall, on conviction, be punished for such offencewith fine which may extend of to two hundred rupees. 1860, Cognizance lIC. ~o prosecution for an offenceunder section llA shall be instituted, of offences, exceptbyor with the sanction ofthe Registrar, and noprosecution foran offence under section lIB shall be instituted except by or with the consent of the State Government.] 12. Whenever it shall appear to the go~erning 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 ofthis Act, or to amalgamate such society either wholly or partially with any other society 2[forwhenever the governing body of any society registered under this Act decides to change the name of the society], such governing body may submit the proposition to the members of the society in a written or painted 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 month after the former meeting. Penalty for contravening Section 4A Penalty for improper disclosure of informa- tion or return. Societies enabled to alter, extend or abridge their purposes. 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. 5 1[12A (1) Where a proposition for change of name has been agreed to and confirmed in the manner prescribed by section 12, a copy of the proposition so 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 his opinion Wldesirable for any of the reasons mentioned in section 3A], the Registrar shall refuse to register the change of name. (2) Save as provided in sub-section (1), the Registrar shall, if he is satisfied that the provisions of this Act in respect of change of name have been complied with, register the change of name and issue a certificate of registration altered to meet the circumstances of the case. On the issue of such a certificate the change 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 the 4[State] Government. 5[(4) If, through inadvertance or otherwise, a society is registered by a name which should not have been registered (due regard being had to the provisions of section 3A), the Registrar may, after hearing the party concerned, direct the society to change the name; and the society shall change its name within a period of three months from the date of the direction in accordance with the provisions of this Act or such longer period as the Registrar may think fit to allow.] 12B. The change in the name of a society shall not affect any rights or obligations ofthe society or render defective any legal proceeding by or against the society; and any legal proceeding which might have been continued or commenced by or against it its fonner name may be continued or commenced by or against it by its new name. 12C. If any society registered under this Act has, before the date of the coming into force ofthe Society Registration (Bombay Amendment) Act, 1948 intimated to the Registrar of Companies the change of its n'ame and if the Registrar has recorded such change, the Registrar may notwithstanding anything contained in this Act, on an application made by the soci~ty in this behalf and on payment of a fee as provided for in sub-section (3) of section 12A, register the 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 shall be deemed to be complete from the date on which such change was recorded by the Registrar, notwithstanding the fact that the society had not followed the procedure prescribed in sections 12 and 12A.] 6[12D. (1) Every governing body entrusted with the management of the affairs of a society registered Wlder this Act (not being a public trust within Born. the meaning ofthe Bombay Public Trusts Act, 1950) shall keep regular accounts. ~ (2) Such accounts shall be kept in such form as may be approved by the 1950. 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 ofMarch or 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 "ofCompanies" 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 of change of name. Registriltion of change of names efiected before coming into forcE' of Born. LllI, of 1948. MaintenancE' of accounts and thpir balancing and auditing.
  • 6. Auditor's duty to prepare balance sheet and to report inegularibes etc. Provision for dissolution of societies and adJust- ment of theIr affaIrs. Assent required. Govern- ment consent. Upon a dissolution no member to receive profit. Clause not to apply to JOillt-btock Companies. 6 (4) The accounts shall be audited annually in such manner as may be prescribed by rules and by a person who is a charterd accountant within the meaning of the Chartered Accountants Act, 1949, or by such other person as 38 of may be authorised in this behalf by the State Government. . 1949. 12E.' (1) It shall be the duty of every auditor auditing the accounts of a society under section 12Dto pH?-parea balance sh(;;Etand inwme and txpEonditure account and to forward a copy of the same to the Registrar. (2) The' auditor shall in his 'report specify all cases of irregular, illegal or improper expenditure, or failure or omission to recover moneys or other property btlonging to the society or of loss or waste of money or othu property thueof; and state whether such expenditure, failure, ommission, loss or waste was caused in consequences of breach of trust or misapplication or any other misconduct on the part of the governing body or any othu person]. 13. 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 fmd Expedient, provided that, in the event of any dispute arising among the said governing body or the membus 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 malm such.,order in the mattu as it shall deem requisite: Provided that no society shall be dissolved unless three-fIfths ofthe 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 purpo-se : Provided that '[whenever any Government] is a member of,or a contributor to otherwise intereGted in, any society registered under this Act, such society shall not be dissolved 2[without the consent of the Government of the State of registration]. #', *14. 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, ofnot less than three-fifths ofthe members present personally 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 shall have been founded or established by the contributions of shareholders in the nature 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, 1960 hereinafter called" the said Act ", it shall be lawful for the members of any society dissolved under 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 whatsoever remaining roteI' the satisfaction of all its debts and liabilities shall be given to Govcrmncnt to be utiliGed or any of purposes referred to in section 1 of the said Act."
  • 7. 7 15. For the purposes of this Act a member of a society shall be a per<;on ilP:llj,PJ who, having been admitted therein according to the rules and regulation" defmed 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 n>gulation<;;but in all procE'eding<;under this Art no person shall be entitled Djqqunliued to 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 regulations of the society the management of its affairs is entrusted. 17. Any company or soriety establi<;hed for a literary, scientific or charitable gurpose, and registered under 1ActXLIIIof1850,orany such societyestablished and con<;tituted previously to the 2[comnwnccment of this Act in the relevant part of the State but not registered under the Act 43 of 1850] or any law for registration of societies or companies in force immediately before such con;tmencement, as the case m3.Ybe, may at any time hereafter be registered as a society under this Act; subject to the proviso that no such company or society shall be registered under thi<; Act unless an a<;sent to its being so Asspnt resistered .11<18been given by thrt>e-fifth8 of the member<; pre<;ent per8onally, required or by proxy, at some general meeting convened for that purpose by the governing body. In the ca<;eof a comp<1nyor society re0-sten:~d under lAct XLIII of 1850, 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, llpon due notice, to create for itself a governing body to act for the society thenceforth. 18. In order to any such society as is mentioned in the last preceding section Such obtaining registry under his Act, it shall be sufficient that the governing body societies file 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 with society certified as provided in section 2, and a copy of the report of the Registrar proceedings ofthe general meeting at which the registration was resolved on.J[-:,] 19. 5[Except as otherwise provided by section 4A, any person may inspect] Inspection all documents filed with the Registrar under this Act on payment of a fee of of one rupee for each inspection; 6[or may require the Registrar to give him doc1l'2'ents rtified t t f d h f certlheo a ce copy or e¥ rac 0 any ocument or any part t ereo on payment of such 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 copy shall be prima facie evidence of the matters therein contained in all legal proceeding8 whatever. Governing boov oefmecL Reg'istrqtion of societies formed before Act. 1 Rep. by the'lndian Companies Act, 1866 (10 of 1866), s. 219 and'Sch. III see now the Companies Act, 1956 (1 of 1956). 2 These words and figures were substituted for the words and figures "pass'ing of this Act but 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 extract of any document or any part of any document, to be certified by the registr'lr, on payment of two annas for every ~undred words of such copy or extract" by Born. 76 of 1958, s. 6.
  • 8. To what societies Act applies. 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 promotion of science, literature, or the fine arts, for instruction, the diffusion of useful lmowledge, 2[the diffusion of political education], the foundation or marntenanceof libraries or reading-rooms for general use among the members or open to the public, or public mw;eums and galleries of paintihgs and other works ofArt, collections ofnatural history, mechanihl and 'philosophical inventions, instruments, or designs. 3[(2) Notwithstanding anything contained in sub-section (1), any society registered under the Public Societies Registration Act for any public or Hyd. I religious purpose and operating in the Hyderabad area of the State of of Bombay* 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 SocIety Sp~clal formed for the purposes of the Maharashtra EducationJnstitutions (Transfer Society. 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., modifications and 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 State for a period of not less than thirty days while they are in session, and if within that period, either House disapproves of the issue of the notification, or approves of such issue only with modifications, the' notification shall not be issued, or as the case may require, shall be issued only with such modifications as may be 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 shall references 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 originally panies in mstItuted before hIm under this Act. instruments issued or made before 1st May 1957 in Kutch, Madhya Pradesh or -Saurashtra area of Bombay State. Power to modify Act in relation to Special Societies. Mah. I XLIX of ~ 1971. ' I "- (2) In all certIficates of registration and in ,all rules or by-laws of societies and in other instruments issued or made, under this Act before the 1st day of May 1957, references to the Registrar of Joint-stock Compani~s or the Registrar of Companies shall be deemed to be and be construed as references to 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. 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 after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification 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, as the case may be ; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.] I Section 22 was added by Mab, 11 of 1968, s. 9. ... Printed at the Government Central Press, Mumbai