THE SOCIETIES REGISTRATION ACT, 1860

Act No. 21 of 1860

An Act for the Registration of Literary, Scientific and Charitable Societies. Whereas it is expedient that provision should be made for improving the legal condition of societies established for the promotion of literature, science, or the fine arts, or for the diffusion of useful knowledge, the diffusion of political education, or for charitable purposes; it is enacted as follows :

S.1 Societies formed by Memorandum of Association and Registration.

Any seven or more persons associated for any literary, scientific, or charitable purpose, or for any such purpose as is described in Section 20 of this Act, may, by subscribing their names to a memorandum of association, and filing the same with 1Registrar from themselves into a society under this Act.

1. Subs. by U.P. Act No. 25 of 1958, Sec. 2.

S.2 Memorandum of Association.

The Memorandum of Association shall contain the following things, that is to say,—

the name of the society;

the objects of the society;

the names, addresses, and occupations of the Governors, council, directors, committee, or other governing body to whom, by the rules of the society, the management of its affiars is entrusted.

A copy of the rules and regulations of the society, certified to be a correct copy by not less than three of the members of the governing body, shall be filed with the Memorandum of Association.

S.3-A Renewal of certificate of registration.

(1) Subject to the provisions of sub-section (2), a certificate of registration issued under Section 3 shall remain in force for a period of five years from the date of issue : Provided that a certificate issued before the commencement of the Societies Registration (Uttar Pradesh Amendment) Act, 1984 (hereinafter in this section referred to as the said Act), shall remain in force for a period of five years from the date of such commencement, on payment of the difference of the fees specified under sub-section (3) and the fees already paid.

(2) A Society registered under Section 3, whether before or after the commencement of the said Act, shall on application made to the Registrar within one month of the expiration of the period referred to in sub-section (1) and on payment of the fee specified in sub-section (3), be entitled to have its certificate of registration renewed for 3[five years] at a time :

Provided that in the case of a society registered before t

S.3 Registration and fees.

2(1) Upon such memorandum and certified copy being filed along with particulars of the address of the society's office which shall be its registered address, by the Secretary of the society on behalf of the persons subscribing to the memorandum, the Registrar shall certify under his hand that the society is registered under this Act. There shall be paid to the Registrar for every such registration a fee of 3[one thousand rupees] 4[or such smaller fee as the State Government may notify in respect of any class of societies] :

5[Provided that the State Government may, by notification in the official Gazette, increase from time to time the fee payable under this sub-section :

Provided further that the Registrar may, in his discretion, issue public notice or issue notices to such persons as he thinks fit inviting objections, if any, against the proposed registration and consider all objections that may be received by him before registering the society.]

(2)

S.3-B Reference to the State Government.

If any question arises whether any society is entitled to get 2itself registered in accordance with Section 3 or to get its certificate of registration renewed in accordance with Section 3-A, the matter shall be referred to the State Government, and the decision of the State Government thereon shall be final.

2. Ins. by U.P. Act No. 26 of 1979.

S.4 Annual list of managing body to be filed.

3(1) Once in every year, on or before the fourteenth day succeeding the day on which, according to the rules of the society, the annual general meeting of the society is held, or, if the rules do not provide for an annual general meeting, in the month of January, a list shall be filed with the 4[Registrar] of the names, addresses and occupations of the governors, council, directors, committee, or other governing body then entrusted with the management of the affairs of the society :

5[Provided that if the managing body is elected after the last submission of the list, the counter signatures of the old members, shall, as far as possible, be obtained on the list. If the old office bearers do not countersign the list, the Registrar may, in his discretion, issue a public notice or notice to such persons as he thinks fit inviting objections within a specified period and shall decide all objections received within the said period.]

1(2) Together with list mentioned

S.4-B List of members of General Body to be filed.

3(1) At the time of registration/renewal of a society, list of members of General Body of that society shall be filed with the Registrar mentioning the name, father's name, address and occupation of the members. The Registrar shall examine the correctness of the list of members of the General Body of such society on the basis of the register of members of the General Body and minutes book thereof, cash book, receipt book of membership fee and bank pass book of the society.

(2) If there is any change in the list of members of the General Body of the society referred to in sub-section (1), on account of induction, removal, registration or death of any member, a modified list of members of General Body, shall be filed with the Registrar, within one month from the date of change.

(3) The list of members of the General Body to be filed with the Registrar under this section shall be signed by two office bearers and two executive members of the society.

3. Ins

S.4-A Changes etc., in rules to be intimated to Registrar.

2A copy of every changes made in rules of the Society and intimation of every change of address of the Society, certified by not less than three of the members of the governing body shall be sent to the Registrar within thirty days of the change.

2. Ins. by U. P. Act No. 52 of 1975, Section 5 (w.e.f. 10-10-1975).

S.5 Property of Society how vested.

The property, movable and immovable, belonging to a Society registered under this Act, if not vested in trustees, shall be deemed to be vested, for the time being, in the governing body of such Society, and in all proceedings, civil and criminal, may be described as the property of the governing body of the Society by their proper title.

1[***]

1. Ins. by U.P. Act No. 26 of 1979 and now omitted by U.P. Act No. 13 of 2009, Section 2 (w.e.f. 11-12-2008).

S.6 Suits by and against Societies.

Every Society registered under this Act may sue or be sued in the name of the president, chairman, or principal secretary, or trustees, as shall be determined by the rules and regulations of the Society, and, in default of such determination, in the name of such person as shall be appointed by the governing body for the occasion :

Provided that it shall be competent for any person having a claim or demand against the Society, to sue the president or chairman, or principal secretary, or the trustees thereof, if on application to the governing body some other officer or person be not nominated to be the defendant.

S.7 Suits not to abate.

No suit or proceeding in any Civil Court shall abate or discontinue by reasons of the person, by or against whom such suit or proceedings shall have been brought or continued, dying or ceasing to fill the character in the name whereof he shall have sued, or been sued, but the same suit or proceeding shall be continued in the name of or against the successor of such person.

S.8 Enforcement of judgment against Society.

If a judgment shall be recovered against the person or officer named on behalf of the Society, such judgment shall not be put in force against the property, movable or immovable, or against the body of such person or officer, but against the property of the Society.

The application for execution shall set forth the judgment, the fact of the party against whom it shall have been recovered having sued or having been sued, as the case may be, on behalf of the Society only, and shall require to have the judgment enforced against the property of the Society.

S.9 Recovery of penalty accruing under bye-law.

Whenever by any bye-law duly made in accordance with the rules and regulations of the society, or, if the rules do not provide for the making of bye-laws, by any bye-law made at a general meeting of the members of the society convened for the purpose (for the making of which the concurrent votes of three-fifths of the members present at such meeting shall be necessary), any pecuniary penalty is imposed for the breach of any rule or bye-law of the society, such penalty, when accrued may be recovered in any Court having jurisdiction where the defendant shall reside, or the society shall be situate, as the governing body thereof shall deem expedient.

S.10 Members liable to be sued as strangers.

Any member who may be in arrear of a subscription which, according to the rules of the society he is bound to pay, or who shall possess himself of or detain any property of the society in a manner or for a time contrary to such rules, or shall injure or destroy any property of the society, may be sued for such arrear or for the damage accruing from such detention, injury, or such destruction of property in the manner hereinbefore provided.

Recovery by successful defendant of costs adjudged.—But if the defendant shall be successful in any suit or other proceeding brought against him at the instance of the society, and shall be adjudged to recover his costs, he may elect to proceed to recover the same from the officer in whose name the suit shall be brought, or from the society, and in the latter case shall have process against the property of the said society in the manner above described.

S.11 Members guilty of offences punishable as strangers.

Any member of the society who shall steal, purloin or embezzle any money or other property, or wilfully and maliciously destroy or injure any property of such society, or shall forge any deed, bond, security for money, receipt or other instrument, whereby the funds of the society may be exposed to loss, shall be subject to the same prosecution, and, if convicted, shall be liable to be punished in like manner, as any person not a member would be subject and liable to in respect of the like offence.

S.12-D Registrar's power to cancel registration in certain circumstances.

(1) Notwithstanding anything contained in this Act, the Registrar may, by order in writing, cancel the registration of any society on any of the following grounds :

(a) that the registration of the society or of its name or change of name 3[is] contrary to the provisions of this Act or of any other law for the time being in force;

(b) that its activities or proposed activities have been or are or will be subversive of the objects of the society or opposed to public policy; 

4(c) that the registration or the certificate of renewal has been obtained by misrepresentation or fraud :

Provided that no order of cancellation of registration of any society shall be passed until the society has been given a reasonable opportunity of altering its name or object or of showing cause against the action proposed to be taken in regard to it.

5(2) An appeal against an order made under sub-section (1) may be

S.12 Societies enabled to alter, extend, or abridge their purposes.

Whenever it shall appear to the governing body of any society registered under this Act, which has been established for any particular purpose or purposes, that it is advisable to alter, extend, or abridge such purpose to or for other purposes within the meaning of this Act, or to amalgamate such society either wholly or partially with any other society, such governing body may submit the proposition to the members of the society in a written or printed report, and may convene a special meeting for the consideration thereof according to the regulations of the society, but no such provision shall be carried into effect unless such report shall have been delivered or sent by post to every member of the society ten days' previous to the special meeting convened by the governing body for the consideration thereof, nor unless such proposition shall have been agreed to by the votes of three-fifths of the members delivered in person or by proxy, and confirmed by the votes of th

S.12-B Notice of change of name or objects.

(1) Notice in writing of every change of objects made under Section 12 or of name made under Section 12-A signed by the secretary and any three other members of the society shall be sent to the Registrar.

(2) Where the Registrar is satisfied that the provisions of this Act in respect of objects or name of society and in respect of change of objects or of name, as the case may be, have been complied with, he may subject to the provisions of Section 12-C register the change of name which shall have effect from the date of such registration.

S.12-A Change of name.

1Any society registered under this Act may, with the consent of not less than two-thirds of the total number of its members, 2[and with the previous approval of the Registrar in writing] change its name by resolution passed at a general meeting convened for the purpose.

1. New Sections 12-A, 12-B, 12-C and 12-D inserted by U.P. Act No. 52 of 1965, Sec. 6.

2. Ins. by U.P. Act No. 26 of 1979.

S.12-C Effect of change of name or objects.

The change in the objects or name of a society shall not affect any rights or obligations of the society, nor render defective any legal proceedings by or against the society, and any legal proceeding which might have been continued or commenced by or against it by its former name may be continued or commenced by or against it by its new name.

S.13 Provision for dissolution of societies and adjustment of their affairs.

Any number not less than three-fifths of the members of any society may the rules and regulations of the society the management of its affairs is entrusted.

S.16-A Disqualifications for holding office in society.

1A person who is an undischarged insolvent or who has been convicted of any offence in connection with the formation, promotion, management or conduct of the affairs of a society, or of a body corporate, or of an offence involving moral turpitude 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.]

1. Ins. by U.P. Act No. 52 of 1975, Sec. 9.

S.17 Registration of societies formed before Act—Assent required.

Any company or society established for a literary, scientific or charitable purpose, and registered under Act 43 of 1850, or any such society established and constituted previously to the passing of this Act but not registered under the said Act 43 of 1850, may at any time hereafter be registered as a society under this Act; subject to the proviso that no such company or society shall be registered under this Act unless an assent to its being so registered has been given by three-fifths of the members present personally, or by proxy, at some general meeting convened for that purpose by the governing body.

In the case of company or society registered under Act 43 of 1850, the directors shall be deemed to be such governing body.

In the case of a society not so registered, if no such body shall have been constituted on the establishment of the society, it shall be competent for the members thereof, upon due notice, to create for itself a governing body to act fo

S.18 Such societies to file memorandum etc., with Registrar of Joint-Stock Companies.

In order to any such society as is mentioned in the last preceding section obtaining registry under this Act, it shall be sufficient that the governing body file with the 2Registrar a memorandum showing the name of the society, the objects of the society, and the names, addresses and occupations of the governing body, together with a copy of the rules and regulations of the society certified as provided in Section 2 and a copy of the report of the proceedings of the general meeting at which the registration was resolved on.

2. Subs. by U.P. Act No. 25 of 1951, Sec. 9.

S.19 Inspection of documents.

Any person may inspect all documents filed with the Registrar under this Act 3on payment of such fee as the State Government may, by notification in the official Gazette, fix]; and any person may require a copy of extract of any document or any part of any document, to be certified by the Registrar, 4on payment of such fee as the State Government may, by notification in the oficial Gazette, fix.]

Certified copies.—And such certified copy shall be prima facie, evidence of the matters therein contained in all legal proceedings whatever.

3. Subs. by U.P. Act No. 52 of 1975, Sec. 11.

4. Subs. by U.P. Act No. 52 of 1975, Sec. 11.

S.20 To what societies the Act applies.

The following societies may be registered under this Act :

Charitable societies, the military orphan funds or societies established at the several presidencies of India, societies established for the promotion of 1Khadi and Village Industry, Panchayat Industry, Rural Development,] science literature, or the fine arts for instruction, the diffusion of useful knowledge (the diffusion of political education), the foundation or maintenance of library or reading-rooms for a general use among the members or open to the public or public museums and galleries of paintings and other works of art, collections of natural histroy, mechanical and philosophical inventions, instruments or designs.

1. Ins. by U.P. Act No. 11 of 1984, Sec. 8.

S.21 Definitions

2In this Act, the word "registrar" means a person appointed as such by the State Government and includes an Additional Registrar, a Joint Registrar, Deputy Registrar, or Assistant Registrar, on whom all or any of the powers of the Registrar under this Act are conferred by general or special order of the State Government].

2. Subs. by U.P. Act No. 26 of 1979, Sec. 7.

S.22 Powers of Registrar to call for information.

3(1) The Registrar may, by written order, require any society to furnish in writing such information or document within such time, being ordinarily not 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 President, Secretary or any other person authorised in this behalf to furnish such information or documents.

3. Sections 22 to 33 inserted by U.P. Act No. 52 of 1975, Sec. 12.

S.23 Audit.

3(1) Without prejudice to the provisions of sub-section (2) of Section 4 or of Section 22, where the Registrar is of opinion that it is necessary or expedient so to do, he may, by written order, require any society to furnish its accounts or copy of a statement of receipts and expenditure for any particular year duly audited by a Chartered Accountant :

Provided that the Registrar may, at the request of society permit it to have such accounts and statement audited by any other person approved by him.

(2) If the society fails to furnish the documents referred to in sub-section (1) within the period specified in the order or within such extended period as the Registrar may from time to time allow, the Registrar may cause the accounts of such society audited for the said year and may recover the cost of such audit from that society.

(3) If the society neglects or refuses to make its accounts or other documents available for audit under sub-section (2) or, i

S.24 Investigation of affairs of a society.

1(1) Where on information received under Section 22 or otherwise, or in circumstances referred to in sub-section (3) of Section 23, the Registrar is of opinion that there is apprehension that the affairs of a society registered under this Act are being so conducted as to defeat the objects of the society or that the society or its governing body by whatever name called or any officer thereof in actual effective control of the society is guilty of mismanaging its affairs or of any breach of fiduciary or other like obligations, the Registrar may, either himself or by any person appointed by him in that behalf, inspect or investigate into the affairs of the society or inspect any institution managed by the society.

(2) It shall be the duty of every officer of the society when so required by the Registrar or other person appointed under sub-section (1) to produce any books of account and other records of or relating to the society which are in his custody and to give h

S.25 Disputes regarding election of office-bearers.

1(1) The prescribed authority may, on a reference made to it by the Registrar or by at least one-fourth of the members of a society registered in Uttar Pradesh, hear and decide in a summary manner any doubt or dispute in respect of the election or continuance in office of an office-bearer of such society, and may pass such orders in respect thereof as it deems fit :

[Provided that the election of an office-bearer shall be set aside where the prescribed authority is satisfied—

(a) that any corrupt practice has been committed by such office-bearer; or

(b) that the nomination of any candidate has been improperly rejected; or

(c) that the result of the election in so far it concerns such office-bearer has been materially affected by the improper acceptance of any nomination or by the improper reception, refusal or rejection of any vote or the reception of any vote which is void or by any non-complianc

S.26 Terms of gift to be observed.

1Where a society accepts a gift or donation of money or property of any other kind from any person for a specific purpose, it shall not use the money or other property gifted or donated or any part thereof for any other purpose without the written consent of the Registrar who shall refuse such consent except when he is satisfied that the purpose for which the gift was made is incapable of execution by the society.

1. Ins. by U.P. Act No. 52 of 1975, Sec. 12.

S.27 Penalties.

1Any person who—

2(a) fails to furnish the list of managing body or other information required to be furnished under Section 4 or 4-A or wilfully makes or causes to be made a false entry in, or any omission from, the list or any statement or copy of rules or of alteration in rules or other information sent to the Registrar under the said Section 4 or Section 4-A;

(b) wilfully fails to furnish any account or statement referred to in sub-section (1) of Section 23 or furnishes in compliance with the said sub-section particulars which are false and which he either knows or believes to be false or does not believe to be true;

(c) neglects or refuses to make its accounts or other documents available for audit as required by 3[sub-section (2)] of Section 23;

(d) wilfully fails to produce any books of accounts or other records as required by sub-section (2) of Section 24; 

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