The West Bengal Societies Registration Act, 1961
[West Bengal Act XXVI of
1961]
[5th December, 1961
An Act to provide for the
registration of literary, cultural, scientific, political, charitable,
religious and certain other kinds of societies and for matters connected
therewith.
It is hereby enacted in the
Twelfth Year of the Republic of India, by the Legislature of West Bengal, as
follows:
1. Short title, extent and
commencement.- (1) This Act may be
called the West Bengal Societies Registration Act, 1961.
(2) It extends to the whole of
West Bengal.
(3) It shall come into force on
such dare as the State Government may, by notification in the Official Gazette,
appoint.
2. Interpretation.- In this Act, unless the context otherwise requires,-
(a) ―Court‖, when used in
relation to a society, means the principal civil court of original jurisdiction
of the district within which the registered office of the society is situate
and in relation to a society situate within the Presidency town of Calcutta,
the City Civil Court established under the City Civil Court Act, 1953;
(b) ―Governing Body‖ means the
body, by whatever name called, entrusted for the time being with the management
of a society under its regulations;
(c) ―member‖, when used in
relation to a society, means a person who has been admitted with his consent as
a member of the society according to its regulations;
(d) ―memorandum‖ means the
memorandum of association referred to in section4;
(e) ―officer‖ means a member of
the Governing Body, the President, the Secretary or any other office-bearer of
a society and includes also an employee of the society whose work is not of a
purely ministerial nature;
(f) ―officer in default‖, for
the purpose of any provision in this Act, means any officer who is knowingly
guilty of any contravention, failure or refusal, or who knowingly and willingly
authorises or permits such contravention, failure or refusal;
(g)
―President‖ means the President, the Chairman or the formal head by whatever
name called, of a society and includes a person who for the time being acts as
the formal head;
(h) ―registered office‖ means
the registered office mentioned in the memorandum;
(i) ―Registrar‖ means a person
appointed as Registrar under section 3 and includes, in relation to the
exercise of any powers or functions under this Act, any person referred to in
that section on whom such powers or functions have been conferred under that
section;
(j) ―regulations‖ means the
regulations made by a society and, in relation to a society deemed to have been
registered under sub-section (2) of section 36 of this Act and, includes its rules
and regulations;
(k) ―Rules‖ means rules made by
the State Government under section 35;
(l) ―Secretary‖ means the
Secretary or the principal executive officer by whatever name called, of a
society, and includes a person who for the time being acts as Secretary;
(m) ―society‖ means a society
registered or deemed to have been registered under this Act;
(n) ―votes of three-fourths of
the members‖ means the votes given by at least three-fourths of members of a
society, present at a general meeting of the society convened according to its
regulations and the members voting at such meeting by proxy, where voting by
proxy is allowed under the regulations.
3. Appointment of
Registrar.- The State Government may
appoint a person to be the Registrar of Societies for the State of West Bengal
and such additional, Joint, Deputy or Assistant Registrars as it thinks
necessary to assist the Registrar and may by general or special order confer on
such person or persons assisting the Registrar any of the powers and functions
of the Registrar under this Act.
4. Societies to be formed by
Memorandum of Association and registration.- (1) Any seven or more individuals associated for any of the objects
mentioned in sub-section (2), may subscribe their names to a Memorandum of
Association and file it along with a copy of the regulations with the Registrar
for registration of the association as a society under this Act.
(2) The objects referred to in
sub-section (1) may relate to the promotion of literature, arts, science or religion;
any charitable purpose including the care or relief of orphans, or of aged,
sick, helpless or indigent persons; the alleviation of the sufferings of
animals; the diffusion of knowledge; the dissemination of social, political or
economic education; the establishment and maintenance of libraries or
reading-rooms for the members or for the public; the collection and
preservation of manuscripts, paintings
sculptures,
works of art, antiquities, natural history specimens, mechanical and scientific
instruments and designs; any other object as may be notified by the State
Government as being beneficial to the public or to a section of the public.
5. Memorandum of
Association.- (1) The Memorandum
shall contain, amongst other things, the following particulars, namely:
(a) the name of the
association,
(b) the address of the
registered office of the association,
(c) the object of the
association,
(d) the names of the first
members of the Governing Body, and
(e) the names, addressed and
occupations of the signatories to the memorandum.
(2) After registration a
society shall not change the memorandum except in accordance with the
provisions of this Act.
6. Regulations.- The Registrar shall not accept any memorandum for
registration of a society unless it is accompanied by a copy of its regulations
providing, amongst other things, for the following matters, namely:
(a) the composition of the
Governing Body and the manner of election or appointment and resignation or removal
and the term of office of the members of the Governing Body, the President, the
Secretary and other officers;
(b) the admission to membership
and resignation and removal of members;
(c) the maintenance of a
register of members and facilities for inspection thereof by the members;
(d) the safe custody of the
property of the society, including in particular, the manner of keeping or
investing any moneys of the society;
(e) the procedure for holding
meetings of the society, quorum, the method of voting, the period of notice for
meetings and the manner of voting by proxy, where such voting is allowed;
(f) the maintenance and audit
of accounts;
(g) the inspection of accounts
and of the proceedings of meetings, by the members of the society; and
(h) any other matter relating
to the objects or affairs of the society.
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7. Registration.- (1) The Registrar upon being satisfied that the
memorandum and the regulatory accompanying it comply with the requirements of
this Act and the rules
and
upon payment of the fee referred to in sub-section (2), shall certify under his
hand and seal that the society is registered under this Act.
(2) There shall be paid to the
Registrar, for the registration of a society under this Act, 1[such fee not
exceeding one hundred and fifty rupees] as the State Government may from time
to time direct. (3) An appeal shall lie to the State Government against an
order of the Registrar refusing to certify the registration of an association
as a society under this Act and the decision on such appeal shall be final. 8.
Alteration of memorandum and regulations.- (1) A society shall not alter
its memorandum except with the previous permission of the Registrar in writing,
and the votes of three-fourths of its members. (2) Before granting permission
under sub-section (1), the Registrar shall satisfy himself that the alteration
does not make the society ineligible for registration under this Act. (3)
Subject to the provisions of this Act, the rules and the provisions of the
memorandum a society may, by the votes of three-fourths of the members, alter
its regulations. 9. Alterations to be filed.- (1) A copy of every
alteration of the memorandum and of the regulations shall be filed with the
Registrar within thirty days of such alteration. (2) The Registrar shall,
except for special reasons to be recorded by him in writing within thirty days
from the date of such receipt, record the alteration and send an intimation of
the fact to the society or communicate to the society his objections to such alteration.
(3) An appeal shall lie to the State Government against any objection made by
the Registrar and the decision of the State Government on such appeal shall be
final. (4) An alteration shall have effect from the date on which the
intimation referred to in sub-section (2) is received by the society or in the
event of any objection being raised by the Registrar, from the date on which
the State Government allows the alteration on appeal. 10. Name of society.- No
society shall be registered under a name which is identical with, or too nearly
resembles, the name of any other society or anybody corporate which has been
previously registered or incorporated under this Act or any other law for the
time being in force, as the case may be, or is deemed to have been registered
under this Act.
1 Substituted by W.B. Act No. XXXI of 1984, dated 12.11.1984.
11. State Government may direct change of name.- (1) If a society is registered under a name or alters
its name to another name which, in the opinion of the State Government, is
identical with, or too nearly resembles, the name of any other society or body
corporate which having been previously registered or incorporated under this
Act or any other law for the time being in force, or being deemed to have been
registered under this Act, continues to exist, the State Government may by
order made in this behalf direct such society to change its name and alter its
memorandum within three months from the date of the order or such longer period
as the State Government may think fit to allow.
(2) No change of name shall
affect the rights and liabilities of a society or any legal proceedings by or
against the society.
(3) In case of non-compliance
with an order under sub-section (1), every officer in default shall be punishable
with fine which may extend to twenty rupees for every day until he order is
complied with.
12. Societies to have power
to amalgamate with another society.- (1)
Whenever two or more societies desire to amalgamate, the Governing Body of each
such society shall submit the proposal in writing to the members thereof and
such proposal shall be considered in a general meeting of the society convened
for the purpose.
(2) No such proposal shall have
any effect unless-
(a) it shall have been
delivered or sent by registered post to the members of each of the societies at
least ten days before the date of the meeting at which it will be considered;
(b) it has been sent to the
Registrar before the meeting and the communicates his approval thereto, with or
without any modifications;
(c) the proposal, with the
modifications, if any, suggested by the Registrar, is agreed to by the votes of
three-fourths of the members each of the societies concerned and confirmed by
like votes of members at the subsequent general meeting of the society.
(3) An appeal shall lie to the
State Government against any order of the Registrar refusing to accord his
approval to the proposal or suggesting any modification and the decision of the
State Government on such appeal shall be final.
(4) On the proposal being
confirmed-
(a) the amalgamated society
shall be registered under its new name,
(b) the registration of the
amalgamating societies shall be cancelled,
(c) the assets and the
liabilities of the amalgamating societies shall be the assets and the
liabilities of the amalgamated society.
13. Name of society to be prominently shown.- (1) Every society shall –
(a) prominently display its
name outside its office or the place where its business is carried on,
(b) have a seal with its name
engraved thereon,
(c) have its name mentioned in
all documents executed in its favour or on its behalf.
(2) For any contravention of
the provisions of sub-section (1), every officer in default shall be punishable
with fine which may extend to twenty rupees.
14. Register of members.- (1) Every society shall maintain at its registered
office, a register of its members and shall enter therein the following
particulars, namely –
(a) the name and address of
each member,
(b) the date on which the
member was admitted,
(c) the date on which a member
ceased to be such.
(2) If entries are not made
within fifteen days of the admission of a member or cessation of membership,
every officer in default shall be punishable with fine which may extend to
twenty rupees for every day during which the contravention continues.
15. Books of account and
audit.- (1) Every society shall keep
at its registered office proper books of account in which shall be entered
accurately –
(a) all sums of money received
and the source thereof and all sums of money expended by the society and the
object or purpose for which such sums are expended,
(b) the assets and liabilities
of the society.
(2) Every society shall have
its accounts audited once a year by a duly qualified auditor and have a
balance-sheet prepared by him. The auditor shall also submit a report showing
the exact state of the financial affairs of the society. Three copies of the
balance-sheet and the auditor’s report shall be certified by the auditor.
Explanation.- A duly qualified auditor means a chartered
accountant within the meaning of the Chartered Accountants Act, 1949 or a
person approved by the Registrar in this behalf.
(3) For any contravention of
the provisions of sub-section (1) or sub-section (2), every officer in default
shall be punishable with fine which may extend to twenty rupees for every day
after the detection of the default during which the default continues.
16. Annual general meeting.- (1)
Every society shall hold an annual general meeting at least once in every year
and not more than fifteen months shall elapse between two successive annual
general meetings.
(2) The balance-sheet and the
auditors’ report referred to in sub-section (2) of section 15 shall be placed
at the annual general meeting of the society.
(3) For any contravention of
the provisions of sub-section (1) or sub-section (2), every officer in default
shall be punishable with fine which may extend to two hundred and fifty rupees.
17. Annual and other returns
to be forwarded to Registrar.-
(1)
Within thirty days after the holding of every annual general meeting, there
shall be filed with the Registrar-
(a) a list of the names,
addresses and occupations of the members of the Governing Body, the President,
the Secretary and of other office-bearers of the society,
(b) an annual report by the
Governing Body on the working of the society for the previous year,
(c) a copy each of the
balance-sheet and the auditors’ report certified by the auditors under
sub-section (2) of section 15.
(2) The list and the annual
report referred to in clauses (a) and (b) of sub-section (1) shall be certified
by the President and the Secretary.
(3) If any change occurs in the
composition of the Governing Body or in the holder of the office of the
President or the Secretary at any time for any reason whatsoever, such change
shall, within thirty days, be notified to the Registrar.
(4) For any contravention of
the provisions of sub-section (1), sub-section (2) or sub-section (3), every
officer in default shall be punishable with fine which may extend to two
hundred and fifty rupees.
18. Property of society how
to be vested.- All property belonging
to a society, if not vested in trustees, shall be deemed to be vested in the
Governing Body of the society but shall be referred to as the property of the
society.
19. Suits and proceedings by
and against a society.- (1) Every
society may sue or may be sued in the name of the President, the Secretary, or
any office-bearer authorised by the Governing Body in this behalf.
(2) No suit or proceeding shall
abate by reason of any vacancy or change in the holder of the office of the
President, the Secretary or any office-bearer authorised under sub-section (1).
(3)
Every decree or order against a society in any suit or proceeding shall be
executable against the property of the society and not against the person or
the property of the President, the Secretary or any office-bearer.
(4) Nothing in sub-section (3)
shall exempt the President, the Secretary or office-bearer of a society from
any criminal liability under this Act or entitle him to claim any contribution
from the property of the society in respect of any fine paid by him on
conviction by a criminal court.
20. Power to alter
regulations.-[Omitted].
21. Members liable to be
sued or prosecuted as strangers.- Every
member of a society may be sued or prosecuted by the society for any loss or
damage caused to the society or its property or for anything done by him
detrimental to the interests of the society.
22. Power of Registrar to
call for information or explanation.- (1)
The Registrar may, by written order, call on a society to furnish in writing
such information or explanation within such time, not being less than two weeks
from the date of receipt of the order by the society, as he may specify in the
order in connection with the affairs of the society or any documents filed by
the society under this Act.
(2) On receipt by the society
of an order under sub-section (1), it shall be the duty of the officer
concerned to furnish such information or explanation.
(3) For failure to comply with
an order under sub-section (1), the officer in default shall be punishable with
fine which may extend to twenty rupees for every day during which the failure
continues.
23. Investigation of affairs
of a society.- (1) Where on
information received, the State Government is of opinion that there are
circumstances suggesting that the business of a society is being conducted with
intent to defraud its creditors, members or any other person, or that the
society is guilty of mismanaging its affairs or of any fraudulent or unlawful
act, the State Government may appoint a competent person as 1[Commissioner
for Enquiry] to investigate into the affairs of the society or inspect any
institution managed by the society and report on such matters as the State
Government may direct.
(2) It shall be the duty of
every officer of the society when so required by the 1[Commissioner
for Enquiry] to produce any books and papers of or relating to the society
which are in his custody, and otherwise to give to the 1[Commissioner
for Enquiry] all assistance in connection with the investigation or inspection
which he is reasonably able to give.
(3) 1[A Commissioner
for Enquiry] may call upon and examine on oath any officer of the society in
relation to the affairs of the society and it shall be the duty of every
officer when so called upon to appear before the 1[Commissioner for Enquiry] for
such examination.
(4)
On the conclusion of the investigation or inspection, as the case may be, the 1[Commissioner
for Enquiry] shall make a report to the 2[State Government] on the matters on which he was
directed by the State Government to report. (5) For refusal to comply with the
provisions of sub-section (2) or sub-section (3), the officer in default shall
be punishable with fine which may extend to two hundred and fifty rupees.
2 Substituted by W.B. Act No. XXVII of 1984, dated 18.7.1984.
(6)1[On perusal of
the report made by the Commissioner for Enquiry] the State Government may give
such directions as it may think fit to the society for the removal of any
defects or irregularities within such time as may be specified and on the
society making any default in taking action according to such directions the
State Government may direct the Registrar to move the Court for dissolution of
society. (7) If on a perusal of the report 1[made by the Commissioner for Enquiry], it appears to
the State Government that any person has, in relation to the formation,
promotion, management or conduct of the business of the society, been guilty of
any offence for which he is criminally liable, the State Government may direct
the prosecution of such person for the offence. (8) The expenses of, and
incidental to, an investigation by 1[Commissioner for Enquiry] appointed by the State
Government shall be defrayed by the State Government.
24. Dissolution by
resolution.- (1) A society may be dissolved if by the votes of
three-fourths of the members it passes a resolution for such dissolution at a
general meeting convened for the purpose. (2) Where a resolution for
dissolution of a society is passed under sub-section (1), the Governing Body
shall take such steps for the disposal and settlement of the property of the
society and its claims and liabilities as it may think fit subject to the
regulations of the society, if any. (3) After all necessary steps have been
taken under sub-section (2), the Governing Body shall send a report to the
Registrar mentioning if there are any surplus assets. (4) The Registrar shall
thereupon issue a notice in the Official Gazette to the effect that if no
objection is received from any claimant, or creditor or any other member of the
society within three months from the date of the notice, the society shall,
subject to the provisions of section 27, be dissolved.
(5) If no objection is received
within three months as aforesaid, and after the surplus assets, if any, have
been disposed of as provided in section 27, the Registrar shall make an order
confirming the dissolution of the society and thereupon the society
shall
stand dissolved. The Registrar shall record the order of dissolution in the
register maintained in his office.
(6) If any objection is
received from any claimant or creditor within the period of three months as
aforesaid the Registrar shall not make an order confirming the dissolution of
the society unless he is satisfied that the relevant claim or liability has
been duly settled and the surplus assets, if any, have been disposed of as
provided in section 27. If, however, any objection is received from any member
the Registrar shall not make an order confirming the dissolution of the society
but shall make an application to the court under section 25.
(7) Where any Government has
made in any manner any contribution to the funds or other assets of a society
such society shall not be dissolved, unless the State Government has given its
assent to the dissolution.
25. Dissolution by court.—(1) The court may, on the application of the
Registrar or on the application of not less than one-tenth of the members, make
an order for the dissolution of a society in the following cases—
(a) if there is any
contravention by the society of the provisions of this Act,
(b) if the number of members is
less than seven,
(c) if the society has ceased
to function for more than three years,
(d) if the society is unable to
pay its debts or meet its liabilities,
(e) if it is proper that the
society should be dissolved.
(2) When an order for the
dissolution of a society is made by the court, dissolution shall take place in
such manner as the court may direct.
26. Dissolution by Registrar.—(1) Where in the opinion of the Registrar there are
reasonable grounds to believe that a society is not managing its affairs
properly or is not functioning, he shall send to the society at its registered
office a notice by registered post calling upon its to show cause within such
time as may be specified in the notice why the society shall not be dissolved.
(2) If no cause is shown or if
the cause shown be considered by the Registrar to be unsatisfactory the
Registrar may move the court under section 25 for making an order for the
dissolution of the society.
27. Members to receive no
profit upon dissolution. – If after
the disposal and settlement of the property of a society and its claims and
liabilities, there are any surplus assets, such assets shall not be paid to or
distributed amongst the members of the society or any of them but shall be
given to some other society to be determined –
(a)
in the case of a dissolution under section 24 , by the votes of three fourths
of the members, or in default thereof, by the Registrar, with the approval of
the State Government; (b) in the case of a dissolution under section 25, by the
court:
3[Provided that in case of dissolution under section 25, if the State
Government intends to take over the property of a society with its claims and
liabilities for any public purpose, it may apply to the court for granting such
takeover]
28. Disqualifications for being member of the Governing Body,
etc., of a society.—A person shall be disqualified for being chosen as, and
for being, a member of the Governing Body or the President, Secretary or any
other office- bearer of a society, if— (a) he is an undischarged insolvent, or
(b) he has been convicted of any offence in connection with the formation,
promotion, management or conduct of the affairs of a society or a body
corporate, or of any offence involving moral turpitude: Provided that the
disqualification under clause (b) shall cease at the end of five years after
the date of conviction, or where a sentence of imprisonment has been imposed,
after the date of expiration of the sentence.
3 Proviso added by Act No. 38 of
2006 4 Substituted by W.B. Act. XXXI of 1984, dated
12.11.1984.
29. Inspection of documents
and grant of certified copies thereof.—Any
person may inspect any document filed with the Registrar under this Act 4[on payment of a
fee of two rupees for the first year, and one rupee for each additional year,
for every inspection of each document relating to one society]; and any person
may obtain a copy or extract of any document or any part of any document,
certified by the Registrar, on payment of such fee as may be prescribed. Such
certified copy shall be admissible as evidence of the matters therein contained
in all legal proceedings. 30. Terms of gifts to be observed.—(1) Where a
society accepts a gift or any kind from any person for a specific purpose it
shall not use the gift or any part thereof for any other purpose without the
written consent of the donor or if the donor be dead, without the written
consent of the Registrar. The Registrar shall not give such consent unless he
is satisfied that the purpose for which the gift was made is incapable of execution
by the society. (2) For any contravention of the provisions of sub-section (1),
every officer in default shall be punishable with fine which may extend to two
hundred and fifty rupees.
31. Communications with a
society.—All communications with a society
shall be addressed to the society by name and sent to its registered office.
32. No prosecution to be instituted without previous sanction. – (1) No prosecution shall be instituted for any
offence under this Act except with the previous sanction of the State
Government. (2) Nothing in Sub-section (1) shall apply to any prosecution
mention in section 21.
33. Indemnity.—No suit, prosecution or proceeding shall lie in any
Civil or Criminal Court against the Registrar or against any 5[Commissioner
for Enquiry] appointed under section 23, and no suit or proceeding shall lie in
any Civil Court against the State Government, for anything in good faith done
or intended to be done under this Act or the rules. 34. Limitation.—(1)
An appeal under this Act may be filed within thirty days of the date of the
objection or order appealed against. (2) The provisions of sections 5 and 12 of
the Indian Limitation Act, 1908 (9 of 1908), shall apply to the appeal under
this Act. 35. Power to make rules.—(1) The State Government may make
rules for carrying out the purposes of this Act. (2) In particular and without
prejudice to the generality of the foregoing power, such rules may provide for
all or any of the following matters, namely— (a) the procedure for any appeal under
this Act to the State Government and the fee for such appeal, if any, (b) the
fee, if any, to be paid for filling any document, other than the memorandum and
the regulations under Sub-section (1) of section 4, (c) the maintenance of the
register of societies and other book if any by the Registrar, (d) the fee to be
paid for obtaining any copy or extract of any document certified by the
Registrar. (3) All fees paid under this Act shall be credited to the
Consolidated Fund of the State. 36. Repeal and savings.—(1) The
Societies Registration Act, 1860 (21 of 1860), in its application to West
Bengal, is hereby repealed. (2) Any society registered in any place within West
Bengal, under the Societies Registration Act, 1860, shall be deemed to have
been registered under this Act, and its principal office shall be deemed to be
the registered officer of the society:
5
Substituted by W.B. Act. XXXI of 1984, dated 12.11.1984
Provided
that—
(a) the Memorandum of
Association and the regulations of any such society shall, if they are
repugnant to any of the provisions of this Act and the rules, be brought in
conformity therewith six months from the commencement of this Act or within
such further period as the Registrar may allow, and thereafter shall to the
extent of such repugnancy be deemed to be void and of no effect;
(b) any officer elected or
appointed to an office before the commencement of this Act and holding such
office immediately before such commencement shall continue to hold such office
until the expiry of his terms of office or until such officer is lawfully
terminated;
(c) nothing in this section
shall affect—
(i) any right, privilege,
obligation or liability acquired, accrued or incurred under the Societies
Registration Act, 1860 (21 of 1860),
(ii) any penalty or punishment
incurred in respect of any offence committed under this Act,
(iii) any investigation, legal
proceeding or remedy in respect of any such right, privilege, obligation,
liability, penalty, or punishment as aforesaid,
(iv) any proceedings in
dissolution commenced before the coming into force of this Act, and
Any such investigation, legal
proceeding or remedy may be instituted, continued or enforced and any such
penalty or punishment may be imposed and any such proceeding in dissolution may
be continued as if this Act had not been passed.
The West Bengal Societies Registration Rules, 1963
1. Short title.—These rules may be called the West Bengal Societies
Registration Rules, 1963.
2. Definitions.—In these rules, unless there is anything repugnant
in the subject or context:
(1) ―the Act‖ means the West
Bengal Societies Registration Act, 1961(West Bengal Act XXVI of 1961);
(2) ―Form‖ means a form
appended to these rules;
(3) ―Section‖ means a section
of the Act.
3. Examination of the
documents received by the Registrar.—On
receipt of every document required by the Act to be filed in this office, the
Registrar shall examine the same and if it is found defective or incomplete in
the particulars required to be given therein, he shall return the document to
the person who filed the same. Unless proper rectification is made and the
document re-submitted within fifteen days from the date of its return by the
Registrar, the document shall not be deemed to have been filed at all.
4. Register of Societies.—There shall be maintained in the office of the
Registrar a register of societies in Form I in which societies shall be given
serial numbers in the order of their registration. All entries in the register
shall be attested by the Registrar.
5. Index to the Register or
Societies.—There shall be maintained
in the office of the Registrar an index to the register of societies in Form II
in which the names of societies shall be arranged alphabetically as soon as
entries are made in the register of societies.
6. Filling of documents.—A separate file shall be maintained in respect of
each society in which all documents relating thereto received from time to time
by the Registrar shall be kept. No document shall be received by the Registrar
unless the fee prescribed therefor has been paid.
7. Acknowledgement of
registration and documents.—(1) Upon
registration of a society, the Registration shall grant a Certificate of
registration.
(2) On every document filed
under the Act, the Registrar shall endorse by means of skeleton rubber stamp
the following particulars:
(i) registration number;
(ii) serial number of the
document;
(iii)
date of filling.
The Registrar shall affix his
signature and the seal of his office to such documents and shall grant to the
person at whose instance a document is filled an acknowledgement therefor.
8. Inspection of documents
etc.—Any person who wishes to inspect
a document or obtain a certified copy of the same or an extract there from
shall apply to the Registrar in Form III. The application shall be accompanies
by the fee mentioned in section 29 or in the Schedule to these rules, as the
case may be. The applicant shall be allowed to inspect a document only during
office hours and in the presence of the Registrar or of a person authorized by
him in this behalf. The applicant shall not be allowed to make a verbatim copy
of the document inspected. He may, however, take short notes in respect of the
contents of the document inspected.
9. Alteration of Memorandum
and Regulations.—Whenever a society
alters the Memorandum or the Regulations, a separate statement showing the
previous provisions and the altered ones shall be filed with the Registrar, in
Form IV along with a copy of every alteration of the Memorandum or the
Regulations as required under sub-section (1) of section 9 or sub-section (2)
of section 20.
10. Gift for specific
purpose.—Whenever a society applies
to the Registrar for his written consent, as required under sub-section (1) of
section 30 for using a gift for any purpose other than the specific purpose for
which the gift was made, the Registrar, in order to satisfy himself that the
purpose for which the gift was made is incapable of execution by the society,
may call on the society to furnish any information, explanation or particulars
in connection with the gift.
11. Appeal.—(1) A Memorandum of appeal shall—
(i) be filed in duplicate;
(ii) contain the grounds of the
appeal;
(iii) be accompanied by a
certified copy of the order appealed against; and
(iv) be accompanied by the
challan showing payment of the prescribed fee.
(2) An appeal may be summarily
rejected if the same is not in accordance with the provisions of the Act and
the rules.
12. Permission for
alteration of Memorandum.—An
application for permission for alteration of the Memorandum of a society as
contemplated in section 8 shall be filled in Form V.
13. Filing of annual and
other returns.—The annual and other
return mentioned in section 17 shall be forwarded in Form VI.
14. Fees.—The fees payable
under the Act shall be as provided in the Schedule to these rules. All fees
shall be paid in cash.
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