The Andhra Pradesh Societies Registration Act
The Andhra Pradesh Societies Registration Act
The Andhra Pradesh Societies Registration Act
2001.
CONTENTS
CHAPTER I
Preliminary
CHAPTER II
Registration of Societies
Top
CHAPTER III
Top
CHAPTER IV
Top
CHAPTER V
Miscellaneous
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Statement of objects and reasons.
At present, the law relating to the Societies and their registration, is governed by the Societies Registration
Act, 1860 (Central Act 21 of 1860) in the Andhra Area of the State of Andhra Pradesh and by the Andhra
Pradesh (Telangana Area) Public Societies Registration Act, 1350 Fasli (Act 1 of 1350 Fasli) in the
Telangana Area of the State of Andhra Pradesh. The said Acts are found to be not exhaustive in certain
material aspects. In order to have comprehensive law and to secure uniformity in the laws applicable
throughout the State, it is proposed to have single and comprehensive legislation in this behalf applicable to
the entire State by repealing the Societies Registration Act, 1860 in its application to the Andhra Area of
the State of Andhra Pradesh and the Andhra Pradesh (Telangana Area) Public Societies Registration Act,
1350F.
The Andhra Pradesh Societies Registration Bill, 1999 has been introduced in the Legislative Assembly of
the State on 23rd March, 1999 as L.A. Bill No. 4 of 1999 and the same has lapsed due to dissolution of the
Tenth Legislative Assembly. It is, therefore, decided to reintroduce the same Legislation.
Received the assent of the Governor on the 9th October, 2001 and the said assent is hereby
first published on the 10th October, 2001 in the Andhra Pradesh Gazette, Part IV-B (Ext).
An ACt to consolidate and Amend the law relating to the registration of Societies situated in
Andhra Pradesh promoting Art, Fine Arts, Charity, Crafts, Religion, Sport, Literature,
Culture, Science, Philosophy, Political Education or any public purpose and for matters
connected therewith or incidental thereto.
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Fifty-
second Year of the Republic of India as follows:
CHAPTER I
Preliminary.
Registration of Societies
7. Registration of Societies: -
1. Where a society has complied with the provisions of the Act as to registration and on
payment of such fees as may be notified under Section 29, the Registrar shall issue to that
society a certificate of registration and such certificate shall be conclusive evidence that the
society therein mentioned is duly registered.
2. The Registrar shall, after the issue of a certificate of registration to a society enter in
a register which may include a register maintained through an electronic device like
computer, the particulars specified in the memorandum, of that society filed and such other
particulars as may be notified.
3. If the Registrar refuses to register a society, an appeal shall lie to the Registrar
General within sixty days from the date of communication of the order of the Registrar
refusing to register the society. Even such appeal shall be accompanied by a fee as may be
notified by the Government from time to time.
4. If an application for registration of a society is presented before the Registrar
complying with all the provisions of this Act is not disposed of within sixty days the society
is deemed to have been registered and the Registrar shall issue a certificate to that effect.
9. Filing of annual list: - Every year the society shall, within fifteen days from the date on
which the General Body meeting was held, furnish a list to the Registrar of Societies which shall
contain the names and addresses of the member of the Managing Committee and Officers entrusted
with the management of the affairs of the Society.
CHAPTER III
11. Register of Members: - Every society shall keep a register of members and enter therein
the following particulars, namely: -
a. the name and address and the occupation, if any, of each member;
b. the date on which the name of each person was entered in the register as member;
c. the date on which any person ceased to be a member; and
d. the specimen signatures of the members.
12. Accounts and Records: - Every society shall keep at its office, the following accounts,
records, and documents ; namely: -
a. a copy of this Act with up-to-date amendments incorporated;
b. a copy of it's registered memorandum along with up-to-date bye-laws with
amendments made from time to time;
c. the minutes book;
d. accounts of all sums of money received and expended by the society and their
respective purposes;
e. accounts of all purchases and sales of goods by the society;
f. accounts of all assets and liabilities of the society;
g. an up-to-date register and a list of all members with voting rights for the current year
prepared within thirty days of the closure of the society's financial year;
h. copies of the audit reports, and if any, and compliance reports thereon; and
i. all such other accounts, records and documents as may be required by this Act.
13. Inspection of Register of Members of a Society: - The Register of members shall be kept
open during the business hours subject to such reasonable restrictions as the bye-laws of the society
may specify.
16. Supply of copies of Bye-laws: - Every Society shall, deliver a copy of its Bye-laws, to each
member of the society at the time of admission.
17. Supply of copies of balance sheet etc.:-Every society shall supply to every member a copy
of the balance sheet or a statement of accounts together with the auditor's report at its annual
general body meeting, if not supplied in advance.
18. Society to be a body corporate:-The registration of society shall render it a body corporate
by the name under which it is registered having perpetual succession and a common seal. The
society shall entitled to acquire, hold and dispose of property, to enter into contracts, to institute and
defend suits and other legal proceedings and to do all other things necessary for the furtherance of
the aim for which it was constituted.
20. Meetings:-
1. The bye-laws of the society shall specify the frequency and the manner in which the
meetings of the Committee and General Body shall be held, so however that the Committee
shall meet atleast once in every three months and the General Body shall meet atleast once
in a year.
2. The Committee shall convene a General Body meeting within thrity days of receipt
of a requisition for convening a meeting signed by atleast one third of the members of the
society or as provided in the bye-laws and any such requisition shall contain the proposed
agenda and the reasons for such meeting.
3. Every society shall record in the minutes book, the minutes of all proceedings of
every General Body meeting and also every meeting of its Committee.
4. Such minutes shall be communicated to all the members invited for the meeting
within thirty days of the conclusion of the meeting.
5. The minutes so recorded shall be signed by the person who chaired the said meeting.
24. Dispute regarding management:- In the event of any dispute arising among the
Committee or the members of the society, in respect of any matter relating to the affairs of the
society, any member of the society may proceed with the dispute under the provisions of the
Arbitration and Conciliation Act, 1996, (Central Act 26 of 1996) or may file an applicatiopn in the
District Court concerned and the said Court shall after necessary inquiry pass such order as it may
deem fit.
25. Dissolution o Society and adjustment of its affairs:-
1. A society may, by passing a special resolution, determine that it shall be dissolved of
and thereupon, with prior intimation to the Registrar, it shall be dissolved at the time
specified in the resolution and all the necessary steps shall be taken for the disposal and
settlement of the property of the society, and its claims and liabilities according to the bye-
laws, if any, of the society, and if there are no bye-laws to this effect in the manner as the
General Body may find it expedient;
Provided that in the event o any dispute arising among the members of the Committee or the
members of the society, the adjustment of its affairs shall be referred to the Court and the
Court shall make such order in the matter including appointment of liquidator as it deems
fit;
Provided further that if the Central Government or any State Government is a member of, or
a contributor to any society registered under this Act, such society shall not be dissolved
without the consent of the Government concerned.
2. A society dissolved under this section shall file with the Registrar a full report
showing as tohow the property has been disposed of.
25. Property of dissolved society:-If upon the dissolution of any society, there remains, after
the satisfaction of all its debts and liabilities, any property, the same shall not be delivered to or
distributed among the members of the said society or any of them, but shall be delivered to some
other society, with a similar objective to be named by a special resolution, or in default thereof, by
the Court
Provided that this section shall not apply to any society which is founded or established by the
contribution of shareholders in the nature of a Company.
Miscellaneous
30. Superintendence and control over Registrars:-The Registrar General shall have
superintendence and control over all other Registrars functioning under this Act.
31. Power to remove difficulties:-If any difficulty arising in giving effect to the provisions of
this Act, in the first five years from the date of commencement of this Act, the Government after
previous publication, by order make such provisions not inconsistent with the purposes of this Act,
as appear to them to be necessary or expedient for removing of the difficulty.
The Society objects must be -- 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.
Minimum 7 members (general body).
Minimum 3 executive committee members (out of the general body).
Memorandum of Association(NGO Registration FORM) shall contain
o the name of the society;
The bye- laws of a society shall contain provisions in respect of following matters:-
o identity of the society which includes name and address particulars of the society;
o Minutes of all the meetings shall be filed with the Registrar of Societies.
To
Dear Sir,
I request you to kindly register the aforesaid society under the Societies Registration Act, 1860. I forward
herewith to you the following documents .
1. Memorandum of Association
5. An Affidavit of the President or Secretary in respect of the address and property of the society
duly stamped together with the Court Fee Stamp of Rs. 1.25
6. A declaration given by Managing Committee assuring the use of the fund of the society for the
purpose for which they are collected
I further declare that the object, of the captioned society are in consonance with Section 20 of the Societies
Registration Act, 1860 and that no other society exists, having the same or similar name to the name of the
captioned society. I also declare that the captioned society is not registered under any other law and that I
am agreeable to pay the registration charges of Rs. 50/-.
In view of aforesaid, I request you to register the aforesaid society immediately under the captioned Act.
Yours faithfully,
(Name & Address)
Encls: As aforesaid.
RULES AND REGULATIONS OF SOCIETY
2. Area of Operation.
3. Accounting Year.
6. Termination of membership.
22. Operation of bank accounts and other financial matters (who is empowered to operate the bank
account).
25. Provision for change in the name and ] Implementation will be according to Ss.12 object of the
society ] and 12A of the S. R. Act, 1060
26. Desiplution of the society will be according to Ss. 13 and 14 of the S. R. Act, 1960.
MEMORANDUM OF ASSOCIATION
1. Name of the Society :
2. Office Address :
4. The names, addresses, designations, ages, occupations and nationalities of all the members of
the first Managing Committee of the Society to whom the management and business of the
society is entrusted.
Every page
of this Sr. No. Name Address Designation Age Nationality
Memorandum Occupation
must be signed
1.
by minimum 2.
3 members 3.
4.
5. (For registration, the minimum requirement is seven)
6.
7.
5. We the following member signatories of the society desire to form our society under the Societies
Registration Act, 1860 and accordingly we have formed the said society, today; i.e., ........ and we
have signed the Memorandum for the purpose of the registration of the society under the Societies
Registration Act, 1860.
1.
2.
3.
Place :
Date :
Note: Minimum three office bearers should certify.
CONSENT LETTER
To
The Asst. Registrar of Societies
Bombay.
Dear Sir,
Sub: Registration of ..................................................... Society under Societies Registration Act, 1860.
We the undersigned being the members of the first Managing Committee of ...................................... Society
do hereby consent to Act according to the aims, objects and bye-laws of the society. We have signed this
letter in token of our consent towards the registration of the aforesaid society under the Societies
Registration Act, 1860.
Yours faithfully,
1.
2.
3.
4.
5.
6.
7.
(to be signed by the office bearers of the Managing Committee)
Place :
Date :
I know the persons who have signed as aforesaid, signed in my presence.
Signature with Date
(S.E.M./Advocate/C.A./Notary)
Full Name, Address & Seal.
To
The Asst. Registrar of Societies
Bombay
Dear Sir,
We the undersigned members of the Managing Committee ............................................. Society do hereby authorise
Shri ................................................................(Name and Designation) to carryout any changes/amendments in the
papers necessary for registration of the Society. We further assure that the funds raised for the society will only be
utilised to achieve the objectives of the society,
1.
2.
3.
4.
5.
6.
7.
Place : Accepted
Date : (One who accepts the Signature with Date)