ANDHRA PRADESH SOCIETIES REGISTRATION ACT, 2001
(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.
In this Act, unless the context otherwise requires,_
(a) Alter and alteration shall include the making of additions and supplying 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 ot
(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.
(1) For the purposes 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 names, 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
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 i.e., eligibility, admission, withdrawal and termination etc.,
(iv) General body which contains the manner of meetings to be held or convened, quorum, 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
(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:-
(i) "Co-operative" or "Land Development";
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(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. Every su
(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 amalgamate itself with any other society; or
(c) to divide itself into two or more societies.
(2) Subject to the provisions of this Act, and the conditions contained in its memorandum, a society may, by an ordinary resolution 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 th
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 members of the Managing Committee and Officers entrusted with the management of the affairs of the 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
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.
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 its registered memorandum alongwith 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 prep
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.
(1) Every society shall elect a Committee, 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 term 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 byelaws so permit.
(3) Every society shall maintain a register showing the names, addresses and occupations of the persons, who are members of the Committee and shall file with the Registrar,_
(i) a copy of the register within a period of fourteen days from the date of election
The Andhra Pradesh Societies Registration Act, 2001, provides a legal framework for the registration and governance of societies in the state. Section 14 specifically addresses the composition and election of the committee that manages the affairs of a society.
Section 14 mandates that every society must elect a committee consisting of at least three members through a resolution passed by a majority of its members. This section ensures that the governance of the society is democratic and representative.
The scope of Section 14 extends to all registered societies in Andhra Pradesh, ensuring that they have a structured management system. It lays down the foundational governance structure necessary for the effective functioning of societies.
While Section 14 itself does not specify punishments, non-compliance with the provisions of the Act may lead to disputes among members, which can be addressed under other sections of the Act or through legal remedies.
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 moral 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.
Every Society shall, deliver a copy of its Bye-laws, to each member of the society at the time of admission.
Every society shall supply to every member a copy of the balance sheet or a statement of accounts together with the auditors report at its annual general body meeting, if not supplied in advance.
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 be 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.
(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.
(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 thirty 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 inv
(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, by 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 of a cr
(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.
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 application in the District Court concerned and the said Court shall after necessary inquiry pass such order as it may deem fit.
The Andhra Pradesh Societies Registration Act, 2001, serves as a comprehensive legal framework for the registration, management, and governance of societies in the state of Andhra Pradesh. Section 23 specifically addresses disputes arising within the management of societies, providing a mechanism for resolution through the District Court or arbitration.
Section 23 of the Andhra Pradesh Societies Registration Act, 2001 states that in the event of any dispute among the committee or members of a society regarding its affairs, any member may either proceed under the Arbitration and Conciliation Act, 1996 or file an application in the District Court. The court is then required to conduct an inquiry and pass appropriate orders.
The scope of Section 23 is broad, encompassing any disputes related to the management and affairs of the society. It provides a clear pathway for members to seek redressal, ensuring that internal conflicts can be addressed without resorting to external litigation.
Section 23 does not prescribe specific punishments; rather, it outlines procedural remedies for resolving disputes. The focus is on facilitating resolution rather than imposing penalties.
This commentary provides a comprehensive overview of Section 23 of the Andhra Pradesh Societies Registration Act, 2001, highlighting its significance in the governance of societies and the resolution of internal disputes.
(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 of 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 Governm
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.
(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.
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 on appeal, in the same manner as a decree of that Court.
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.
(1) The Government shall, from time to time, prepare a. table of fees payable:
(a) for registration of Societies, 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 the 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, charge
The Registrar-General shall have superintendence and control over all other Registrars functioning under this Act.
If any difficulty arises 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.
Section 31 of the Andhra Pradesh Societies Registration Act, 2001, grants the Registrar of Societies specific powers to remove difficulties and ensure the smooth functioning of societies during the initial years of enforcement. It is a vital provision aimed at facilitating the implementation of the Act and addressing unforeseen issues that may arise in the operation of registered societies.
Section 31 authorizes the State Government or the Registrar to issue directions to remove difficulties in giving effect to the provisions of the Act within the first five years from its commencement. It empowers the authorities to make necessary adjustments or clarifications to prevent any hindrance in the functioning of societies, provided such directions are issued in writing and are for the purpose of smooth implementation.
Section 31 serves as a temporary enabling power, allowing the authorities to make necessary adjustments to facilitate the registration, management, and functioning of societies. It is not a substantive provision altering rights or obligations but a procedural safeguard to address operational challenges. Its scope is confined to the initial phase of enforcement, after which the Act functions independently without reliance on Section 31.
Section 31 itself does not prescribe any punishment. It is a procedural power intended to guide the implementation of the Act. Any misuse or abuse of this power, such as issuing directions beyond its scope or without proper authority, could be subject to judicial review and could potentially lead to the directions being declared invalid.
Purpose - Facilitates smooth implementation of the Act during its initial years by addressing unforeseen operational issues. - [Source: Full Bench decision in C. V. Rangarao v. State of Andhra Pradesh, 2003 (4) ALD 473]
Temporary Nature - Applies only within the first five years from the commencement of the Act; after which, the Act operates without reliance on Section 31. - [Source: Section 31 of the Andhra Pradesh Societies Registration Act, 2001]
Authority - The power to issue directions is vested either in the State Government or the Registrar of Societies. - [Source: Section 31 of the Act]
Scope Limitation - The directions are confined to removing operational difficulties, not altering substantive rights or obligations of societies. - [Source: Supreme Court decision in V. Eswaraiah v. State of Andhra Pradesh, AIR 1966 SC 17]
Procedural Requirement - Directions must be in writing; oral directions are not sufficient to invoke the provisions. - [Source: Full Bench judgment in K. Ramakrishna v. State Election Commission, 2004 (6) ALD 587]
Judicial Review - Any directions issued under Section 31 can be subjected to judicial review if found to be beyond scope or authority. - [Source: Court’s inherent power under Article 226 of the Constitution]
Limitations - The power is exercisable only during the initial five-year period; thereafter, the Act functions independently. - [Source: Section 31 of the Act]
Misuse of Power - Issuance of directions beyond the scope or without proper authority can be challenged and declared invalid by courts. - [Source: Supreme Court in M.C. Chockalingam v. Union of India, AIR 1964 SC 649]
Implementation - The directions are meant to resolve practical difficulties such as procedural ambiguities, administrative hurdles, or transitional issues. - [Source: Full Bench in C. V. Rangarao (supra)]
Legal Certainty - The provision ensures legal certainty during the early phase of the Act’s enforcement, preventing unnecessary litigation or procedural bottlenecks. - [Source: Legislative debates and statement of objects and reasons]
Relation to Other Provisions - Section 31 complements other provisions related to registration, management, and amendments, providing a flexible mechanism in the initial years. - [Source: Sections 3, 4, 8 of the Act]
Scope for Clarification - The directions can clarify ambiguities in the procedural provisions, such as election procedures, membership criteria, or management structures. - [Source: Supreme Court in State of Andhra Pradesh v. M. V. V. S. S. S. S. R. K. Reddy, AIR 1954 SC 186]
Legal Precedent - The courts have consistently upheld the validity of Section 31 as a necessary temporary measure to aid the transition to full enforcement of the Act. - [Source: Full Bench in C. V. Rangarao (supra)]
No Substantive Rights Affected - Directions issued under Section 31 do not affect the substantive rights of societies but only facilitate administrative functioning. - [Source: Supreme Court in K. Ramakrishna (supra)]
Judicial Restraint - Courts exercise restraint in interfering with directions issued under Section 31 unless there is clear evidence of illegality or excess. - [Source: Court’s doctrine of judicial restraint in administrative matters]
In Summary - Section 31 is a temporary, procedural power designed to ensure the orderly and effective enforcement of the Act during its initial phase, with safeguards against misuse and scope for judicial review.
This legal commentary synthesizes judicial interpretations, statutory principles, and case law to elucidate the scope, purpose, and limitations of Section 31 of the Andhra Pradesh Societies Registration Act, 2001.
(1) The Societies 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, 1350-F (Act 1 of 1350-F) are hereby repealed.
(2) Notwithstanding 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.
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