This document outlines the AP Societies Registration Act of 2001, which consolidated two existing laws on society registration in Andhra Pradesh. The key points are:
1) The Act provides for the registration of any society of 7 or more persons formed for purposes like art, charity, religion, sports, or other public purposes.
2) Societies must file a memorandum of association and bye-laws with the Registrar detailing aspects like the society's name, objectives, members, operations, and finances.
3) Registered societies are granted body corporate status and can own property, enter contracts, and engage in legal proceedings in the society's name.
2. STATEMENT OF OBJECTS
Two laws were existing by name
i) Societies RegistrationAct, 1860
ii)Andhra Pradesh (TelanganaArea) Public Societies
RegistrationAct, 1350 Fasli.
To have comprehensive law and secure uniformity in the State,
the new law was enacted.
Wef 10th October, 2001.
3. Preamble
An Act to consolidate and amend the law relating to the
registration of Socieities situated in AP promoting Art, Fine
Arts, Charity, Crafts, Religion, Sports, Literature, Culture,
Science, Philosophy, Political Education, or any Public
Purpose and for matters connected therewith or incidental
thereto.
4. Important Sections
1. ShortTitle, Extent and Commencement
2. Definitions
3. Societies which may be registered under this Act:- (1) Any
Seven or more persons forming a society which has its object
the promotion of art, fine art, charity, crafts, religion, sports
(excluding games of chance), literature, culture, science,
political education, philosophy or diffusion of any knowledge
or any public purpose may be registered.
5. MEMORANDUM
4. Memorandum of Association of Society, Bye-laws to be filed
with Registrar.
Memorandum – Name of Society, aims and objects of society, the
names, addresses and occupations of the members of the
committee, the byelaws of the society.
7 members who are majors shall sign with full details in the
presence of two witnesses
6. BYE-LAWS
Identity of the Society like name, address
Activities of the society
Membership of society – eligibility, admission, withdrawal and
termination
General body – meetings, quorum, functions and responsibilities
Office bearers – appointment, election, removal, recall and their
responsibilities
Finance – types of funds, appointment of auditors
Settlement of internal matters, dissolution etc
(Section 5)
7. 6. Undesirable names
No contravention of Emblems and Names (Prevention of the
improper use) Act, 1950
Within the district – no second society with identical name or
nearly resembling.
No society shall contain the following – cooperative; land
development, reserve bank, union or State, municipal or
Chartered.
Change of Society name – by a special resolution
8. 7. Registration
Fee paid under S.29
Certificate issued by Registrar is conclusive evidence.
Register to be maintained either manual or computer entering
all the details of the society so registered.
Refusal to register – Appeal lies to the Registrar General within
60 days
Deemed registration after 60 days
9. 8. Amendments
Special resolution is required:
a) change of objectives
b) amalgamate with any other society
c) divide itself into two or more societies
Special resolution – majority of the total members of the society
and not less than 3/5 of the members present and voting.
In other cases – ordinary resolution – half of the members
present and voting
Alterations shall be registered or otherwise they are invalid.
10. Annual lists and registered office
Filing of annual list (S.9)
within 15 days from General Body Meeting
submitting the names of the ManagingCommittee
Registered Office: (S.10)
within the district where it is registered
every change shall be intimated to Registrar
If started outside the district, then inform both the Registrars
Display the name of the Society in a conspicuous place outside its
office.
11. Register of Members and Accounts
Register of Members (s.11) shall contain name, address,
occupation of each member
The date of entry of member
The date on which any person ceased to be the member
Specimen signature of each member
Accounts (12) – Act, Memorandum bylaws, minute book,
accounts of sums and expenditure, purchases and sales of
goods, assets and liabilities, list of members who got voting
rights, audit report, other documents required
Members can inspect the register (13)
12. Committee and disqualification
Annual general body shall elect a committee consisting of not
less than 3 members
Term of the committee not more than 6 years
Submit it to the registrar both elections and changes (S.14)
Disqualification – minor, unsound mind; adjudicated as
insolvent, convicted of an offence involving moral turpitude or
sentenced by a criminal court (15)
Each member shall be supplied a copy of bye-law (16)
Copies of balance sheet shall be supplied to each member (17)
13. Body corporate and legal proceedings
The Registration of society render it a body corporate having
perpetual succession and a common seal. It is entitled to
acquire, dispose property, enter into contracts, institute and
defend suits and other legal proceedings. (18)
Legal proceedings shall be instituted or defended by the
Committee or officer authorised to do so. (19)
14. Meetings (s.20)
Byelaws shall specify – frequency, manner of meetings of
governing body and general body, but governing body shall
meet at least once in every 3 months; and general body once in
a year
Minutes to be recorded signed by chairman and communicated
to all
Amalgamation and division of societies: special resolution
followed by another meeting confirming earlier decision within
30 days (21)
Register of mortgages and charges (22)
15. Disputes, dissolution and winding up
Arbitration and ConciliationAct, 1996
Or may file an application in the District Court concerned (23)
Dissolution by special resolution (24)
Property of dissolved society delivered to some other society
with a similar objective.