The Andhra Pradesh Societies Registration Act

Download as doc, pdf, or txt
Download as doc, pdf, or txt
You are on page 1of 22

The Andhra Pradesh Societies Registration Act -

2001.
CONTENTS

 Statement of objects and reasons.

CHAPTER I

Preliminary

1. Short title, extent and commencement.


2. Definitions.

CHAPTER II

Registration of Societies

3. Societies which may be registered under this act.


4. Memorandum of Association of Society, and Bye-laws to be filed with Registrar.
5. Contents of bye-laws of societies.
6. Societies not to be registered with undesirable names.
7. Registeration of Societies.
8. Amendment of memorandum and Bye-laws.
9. Filing of annual list.

Top

CHAPTER III

Management and Administration

10. Registered Office of Society.


11. Register of Members.
12. Accounts and Records.
13. Inspection of Register of Members of Society.
14. Committee of the Society.
15. Disqualification of members of the Committee.
16. Supply of copies of Bye-laws.
17. Supply of copies of balance sheet etc.
18. Society to be a body corporate.
19. Legal Proceedings.
20. Meetings.
21. Amalgamation and division of Societies.
22. Register of mortgages and charges.

Top

CHAPTER IV

Disputes, Dissolution and Winding-Up

23. Dispute regarding management.


24. Dissolution of Society and adjustment of its affairs.
25. Property of dissolved society.
26. Liquidators to make an account after winding-up of a Society.
27. Enforcement of orders.

Top

CHAPTER V

Miscellaneous

28. Societies financed by the Government.


29. Fees to be fixed by the Government.
30. Superintendence and control over Registrars.
31. Power to remove difficulties.
32. Repeals and Savings.

*****
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.

This Bill seeks to give effect to the above decisions.


The Andhra Pradesh Societies Registration
Act - 2001.
[Act No 35 of 2001 (Pub in A.P. Gaz., Pt. IV-B (Ext), dt. 10-10-2001)]

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.

1. Short title, extent and commencement: -


1. This Act may be called the Andhra Pradesh Societies Registration Act, 2001.
2. It extends to the whole of the State of Andhra Pradesh.
3. It shall come into force on such date as the Government may, by notification, in the
Andhra Pradesh Gazette, appoint.

2. Definitions: - In this Act, unless the context otherwise requires,-


a. 'Alter' and 'alteration' shall include the making of additions and suuplying of
Commissions;
b. 'Bye-laws' means the bye-laws of a society;
c. 'Committee' means the executive committee appointed under Section 14 or any
person or body of persons to whom the management of the affairs of a society is entrusted
by its bye-laws;
d. 'Court' means in the cities of Hyderabad and Secunderabad, the City Civil Court, and
elsewhere, the Principal Civil Court of original jurisdiction;
e. 'Document' includes summons, notice, requisition, order, or other legal process, and
registers, whether issued, sent or kept in pursuance of the provisions of this Act or of any
other laws or otherwise;
f. 'Financial Year' means the period of twelve months for which the accounts of a
society are required to be made up by the bye-laws and if the bye-laws do not so provide,
the period of twelve months ending with the 31st March of each year;
g. 'Government' means the State Government of Andhra Pradesh;
h. 'Member' means a person, individual or body corporate, who/which, have been
admitted to membership in any society has not resigned or ceased to be a member, or been
removed from membership, in accordance with the bye-laws of that society;
i. 'Memorandum' means the memorandum of association of a society as originally
framed or as altered, from time to time, in pursuance of the provisions of this Act or the
Societies Registration Act, 1860 (Central Act 21 of 1860) or the Andhra Pradesh (Telangana
Area) Public Societies Registration Act, 1350 Fasi (Act 1 of 1350F) as the case may be;
j. 'Notification' means a notification published in the Andhra Pradesh Gazette and the
word notified shall be construed accordingly;
k. 'Officer' including any director, manager, treasurer, trustee, secretary, member of the
Committee, or any person appointed by a society to sue and be sued on its behalf and any
other person empowered under the rules or the bye-laws to give directions in regard to the
business of a society;
l. 'Registrar' means an officer of the Registration Department, not below the rank of
Sub-Registrar as may be specifically empowered by the Government to exercise the powers
of a Registrar under this Act;
m. 'Registrar General' means the Inspector General of Registration, appointed by the
Government under Section 3 of the Registration Act, 1908 (Central Act 16 of 1908);
n. 'Society' means a society registered or deemed to be registered under this Act; and
o. 'Special Resolution' means, resolution passed by a majority of the total members of
the society and not less than three-fifth of the members present and voting in a meeting, of
which not less than fourteen clear days notice, exclusive of the date of despatch of the notice
and the date of meeting, specifying the intention to propose the resolution as special
resolution, has been duly given.
CHAPTER II

Registration of Societies

3. Societies which may be registered under this Act: -


1. Any seven or more persons forming a society which has for 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 under this Act.
2. No society of which a firm, whether registered or not or an unincorporated
association of individuals is a member shall be registered under this Act.
3. Nothing contained in Sub-Section (2) shall preclude the registration under this Act of
a society on the ground that a partner as defined in Section 4 of the Indian Partnership Act,
1932 (Central Act 9 of 1932) or a member of an unincorporated Association of individuals
is, in his individual capacity, a member of the society.

4. Memorandum of Association of Society, and Bye-laws to be filed with Registrar: -


1. For the purpose of registration of a society there shall be filed with the Registrar of
the district in which the registered office of the society is to be situated,
a. a memorandum of association of the society which shall state,
i. the name of the society;
ii. the aims and objects of the society;
iii. the name, addresses and occupations of the members of the
committee; and
b. the bye-laws of the society.
2. The memorandum of association shall be signed by atleast seven members who are
majors and who shall add their addresses, description and occupation if any, in the presence
of atleast two witnesses who shall also be majors and who shall atleast with their signatures
and add their addresses, description and occupation, if any and the byelaws shall be signed
by the signatories to the memorandum of association.

5. Contents of bye-laws of society: - The bye-laws of a society shall contain provisions in


respect of following matters:
i. identity of the society which includes name and address particulars of the society;
ii. activities of the society;
iii. membership of the society ie., eligibility, admission, withdrawal and termination
etc.,
iv. General body which contains the manner of meetings to be held or convened,
quarum, functions and responsibilities etc.,
v. office bearers and their appointment/election/removal/recall and their responsibilities
etc.,
vi. finances which includes types of funds to be raised, appointment of auditors, liability
of members for discharge of debts etc., and
vii. other matters which cover the internal matters of settelment of internal disputes,
dissolution of the society etc.

6. Societies not to be registered with undesirable names: -


1. No society shall be registered by a name which contravenes the provisions of the
Emblems and Names (Prevention of the Improper use) Act, 1950 (Central Act 12 of 1950).
2.
a. No society shall be registered in a District by a name, which is identical with
that of another registered society in existence in the same District or so nearly
resembling it so as to mislead except where the registered society in existence is in
the course of being dissolved and signifies in writing its consent to such registration.
b. Except with the previous sanction in writing of the Government, no society
shall be registered by a name which contains any of the following words, namely: -
3. A society may, by a special resolution change it's name, with a previous intimation to
the Registrar in writing.
4. The Change of name shall not affect any right or obligation of the society or any
member thereof or render defective any action or other legal proceedings by or against it
and any of the members, and any action or other legal proceedings which might have been
continued or commenced by or against the society by its former name may be continued or
commenced by or against the society by its new name.

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.

8. Amendment of memorandum and Bye-laws: -


1. By a "Special Resolution" a society may alter the provisions of the memorandum
with respect to:-
a. change of objectives of the society;
b. to amalgate itself with any other society; or
c. to divide itself into two or more societies,
2. Subject to provisions of this Act, and the conditions contained in its memorandum, a
society may, by an order resollution passed by not less than 1/2 (half) of the members
present and voting alter its bye-laws.
3. Any alteration of the memorandum of the society shall not be valid unless such
alteration is registered under this Act.
4. If any alteration of the memorandum is filed with the Registrar and if they are not
contrary to the provisions of this Act, he shall register the same and shall certify the
registration of such alteration under his hand and seal within thirty days from the date of
receipt of the resolution. The certificate shall be conclusive evidence that all the
requirements of this Act with respect to the alteration and the certification thereof have been
complied with and henceforth the memorandum as so altered shall be the memorandum of
the society.
5. Every alteration in the bye-laws of the society should be sent to the Registrar and he
shall take it on record if it is not contrary to the provisions of this Act.

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

Management and Administration

10. Registered Office of Society: -


1. A society shall, as from the day on which it begins functioning or as from the
twenty-eighth day after the date of its registration whichever is earlier have a registered
office at any place in the district in which it is registered and to which all communications
and notices may be addressed. Notice of the location of the registered office and of every
change therein shall be given within twenty-eight days after the date of its registration or
after the date of the change, as the case may be, to the Registrar, who shall record the same
in the certificate of registration.
2. Any change of its registered office to a place outside the district in which it is
registered, shall be intimated to the Registrars of both the Districts.
3. Every society shall display its name outside its office premises in a conspicuous
position in legible characters of the language in general use in that place.
4. Every society shall have its name engraved in legible characters on its seal.

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.

14. Committee of the Society: -


1. Every society shall elect a Committe, consisting of not less than three members of
the society, by a resolution passed by a majority of the members present and entitled to vote
at an annual general body meeting of the society held under Section 20.
2. The terms of the Committee or of its members so elected shall be a period not
exceeding six years as may be specified in the bye-laws;
Provided that a member who has completed a term as an elected member is eligible for re-
election as a member of Committee, if the bye-laws so permit.
3. Every society shall maintain a register showing the names, adresses and occupation
of the persons, who are members of the Committee and shall file with the Registerar: -
i. a copy of the register within a period of fourteen days from the date of
election of the members of the first Committee; and
ii. a notice of every change in the members of the Committee within a period of
fourteen days from the date of such change.

15. Disqualification of members of the Committee: - A person shall be disqualified for


appointment as a member of the Committee of a society under this Act if, on the date of such
appointment, he is,-
a. not a major;
b. of unsound mind and stands so declared by a competent Court;
c. an applicant to be adjudicated as an insolvent or is an undischarged insolvent;
d. convicted of an offence involving moran turpitude or sentenced by a criminal court
to a fine of not less than rupees one thousand or to imprisonment for a period of not less
than six months; and
e. disqualified for such appointment by an order of a Court.

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.

19. Legal Proceedings:-


1. The Committee or any officer of the society authorised in this behalf by its bye-laws,
may bring or defend any action or other legal proceeding touching or concerning any
property or any right or claim of the society and may sue and to be sued in its name.
2. Any action or legal proceeding shall not abate or be discontinued by the death;
resignation or removal from office of any member of the society after the commencement of
the proceeding.

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.

21. Amalgamation and division of Societies:-


1. Any two or more societies may, by a special resolution of both or all such societies,
and confirmed by a like resolution at a second meeting of both or all such societies,
convened after an interval of one month after the first meeting, get amalgamated into one
society with or without any dissolution or division of the funds of any of the societies with
intimation to the Registrar.
2. Any society may, be a special resolution divide itself into two or more societies.
Such resolution shall contain proposals for the division of the assets and liabilities of the
society among the new societies into which it is proposed to divide itself and may specify
the area of operation of and the members, who will constitute each of the new societies.
3. An amalgamation or division in pursuance of this section shall not prejudice any
right or a creditor of any society which was a party to such amalgamation or division.

22. Register of mortgages and charges:-


1. Every society shall keep at its registered office, a register of mortgages and charges
and enter therein all mortgages or charges affecting the property of the society and such
other particulars of the mortgages or charges as may be specified in the bye-laws.
2. The register of mortgages and charges kept in pursuance of sub-section (1) and
copies of instruments creating mortgages or charges shall, subject to such reasonable
restrictions as the society may impose, be kept at the registered office of the society and be
open during business hours to the inspection of any members or creditor of the society
without payment of any fee therefor.
CHAPTER IV

Disputes, Dissolution and Winding-up

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.

26. Liquidators to make an account after winding-up of Society:-:-


1. As soon as the affairs of a society are fully wound-up, the liquidator shall make an
account of the winding-up showing how the winding-up has been conducted and the
property of the society has been disposed of and call a general body meeting of the society
for the purpose of placing before it the account and giving any explanation in respect
thereof.
2. Within one week after the meeting convened under sub-section (1), the liquidator
shall be sent to the Registrar, a copy of the account and shall make a return to him of the
holding of the meeting and of its date.
27. Enforcement of orders:-Orders made under Section 24 shall, on application, be enforced as
follows: -
a. When made by a liquidator, by any civil court having local jurisdiction in the same
manner as a decree of such Court; and
b. When made by the Court of appeal, in the same manner as a decree of that Court.
CHAPTER V

Miscellaneous

28. Societies financed by the Government:-:-Where a Government is a member or is wholly


or substantially financing a society it may place such terms and conditions on the society as are
mutually agreed upon or through specific public policy notified by the Government for this
purpose.

29. Fees to be fixed by the Government:-:-


1. The Government shall, from time to time, prepare a table of fees payable;
a. for registration of Society, which may include Mahila Mandals and Youth
Associations;
b. for filing or recording or registering any document required by this Act to be
filed or recorded;
c. for inspection of documents in the custody of Registrar;
d. for making or granting copies of reasons, entries or documents , before or
after registration; and
e. for such other matters appear to the Government necessary to give effect to
the purposes of this Act.
2. The table of fees so prepared shall be notified.
3. All fees, charges and other sums paid to the Registrar or any officer of the
Governemnt is pursuance of this Act, shall be credited to the Government.

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.

32. Repeals and Savings:-


1. The Society Registration Act, 1860, (Central Act 21 of 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 (Act 1 of 1350F) are hereby repealed.
2. Nothwithstanding such repeal, anything done or any action taken under the said Acts
(including any order, rule, form regulation, certificate or bye-laws) in the exercise of any
power conferred by or under the said Acts shall be deemed to have been done or taken in the
exercise of the powers conferred by or under this Act as if this Act was in force on the date
on which such a thing was done or action taken.
Registration of Society
Registration of Societies/NGO and subsequent statutory affairs under
Andhra Pradesh and Telangana Societies Registration Act, 2001 -
Requirements

 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;

o the aims and objects of the society;

o the names, and occupations of the members of the committee.

 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 activities of the society;

o membership of the society i.e. eligibility, admission, withdrawal and termination,


etc.,
o general body which contains the manner of meetings to be held or convened,
quorum, functions and responsibilities etc.
o office bearers and their appointment/ election/ removal/recall and their
responsibilities, etc ;
o finances which includes types of funds to be raised, appointment of auditors, liability
of members for discharge of debts, etc., and
o other matters which cover the internal matters of settlement of internal disputes,
dissolution of the society, etc;
o Society shall not be registered with the name which is against the provisions of the
Emblems and Names (prevention of the improper use) Act, 1950. Within a district two
societies shall not have identical or similar names. Words like co-operative, land
development, reserve bank, union or State, Municipal or Chartered shall not be used in the
Society without the permission of the State Government.
o A fee of Rs.200 shall be paid for registration.

o Executive Committee Members' photographs shall be affixed and submitted along


with memorandum and byelaws for registration.
o Affidavit in the format provided shall be submitted along with the Memorandum
and byelaws for registration.
o Every year the society within fifteen days from the date of the General Body meeting
shall submit a list to the Registrar of societies. And that list shall contain the names and
addresses of the members of the Managing Committee (Executive Committee) and officers
entrusted with the management of the society.
o Executive Committee shall meet at least once in three months; and General Body
shall meet at least once in a year.
o Amendments, if any, made shall be filed with Registrar.

o Minutes of all the meetings shall be filed with the Registrar of Societies.

 Society Registrar Office Addresses


Model of Forms/ letters for Registeration as a society

Covering Letter to be addressed to Asst Registrar of Societies as follows

To

The Asst. Registrar of Societies


Greater Bombay, Bombay

Sub: Registration of Society under Societies Registration Act, 1860


Name of the Society

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

2. True copy of Rules and Regulations

3. Consent letters of all the members of Managing Committee

4. Authority letter duly signed by all the members of Managing Committee

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

1. Definition of terms used in Bye-laws.

2. Area of Operation.

3. Accounting Year.

4. Membership and procedure for enrolment.


5. Kinds of membership.

6. Termination of membership.

7. General Body Meeting, its powers and functions.

8. Notice of General Body Meeting and quorum.

9. Extraordinary General Body Meeting and its functions.

10. Managing Committee, Office Bearers.

11. Term of Managing Committee and procedure of election of office bearers.

12. Office-bearers of Managing Committee and their duties.

13. Meeting of the Managing Committee and meeting on requisition.

14. Notice of Meeting of Managing Committee and quorum.

15. Rules of election of Managing Committee.

16. Filling of vacancies in Managing Committee.

17. Powers and duties of Managing Committee.

18. Funds and income of the society or its utilisation.

19. Objectives based provision for expenditure (Percentage).

20. Provision for loans and deposits.

21. Provision regarding purchase and sale of immovable property

22. Operation of bank accounts and other financial matters (who is empowered to operate the bank
account).

23. Maintenance of register of members.


The applicant should sign the format of application as mentioned in schedules 1, 2 and 6 to the
Registration of Societies (Maharashtra) Rule, 1971 and the bye-laws should provide for the
same.

24. Provision for amendment in Rules and Regulations.

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 :

3. Objects of the Society :

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.

Sr.No. Member Full Name and Address Signature

(If the member of the Managing


Committee is more than seven,
then name, address of all should
be given and all should sign)
Place :
Date :
I know the aforesaid persons who have signed this Memorandum in my presence.
Date : Sign/S.E.M./Advocate/C.A./Notary
Full Name & Address with seal.
CERTIFICATE
Certified to be the true copy of the bye-laws of the society.

Name & Designation of Office Bearers Signature

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,

Sr. No. Name Signature

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,

Sr.No. Name Signature

1.
2.
3.
4.
5.
6.
7.

Place : Accepted
Date : (One who accepts the Signature with Date)

Get Daily Updates from Karmayog

You might also like