S.1 Short title, extent and commencement

       (1) This Act may be called the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955.
        (2). It extends to the whole of the State of [3][Kerala excluding the Malabar District] and shall come into force on such date as the Government may, by notification in the Gazette, appointThe Act came into force from 20—8—1955, vide Notification No. Em.8-4032/55/EHL dated 13-08-1955.[4]

S.2 Definitions

       In this Act, unless the contest otherwise requires,--
        (a). “Governing body” means the governors, council, directors, committee, trustees or other body to whom, by the rules and regulations of the society, the management of its affairs is entrusted;
        (b). “Member” means a person who, having been admitted in a society according to the rules and regulations thereof, shall have paid a subscription or shall have signed the roll or list of members therof, and shall not have resigned in accordance with such rules and regulations.
        Explanation.-_In all proceedings under this Act no person shall be entitled to vote or to be counted as a member, whose subscription at the time shall have been in arrear for a period exceeding three months;
    

Legal Commentary on Section 2 of the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955

Introduction

The Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, was enacted to provide a legal framework for the registration and governance of societies engaged in literary, scientific, and charitable activities in the erstwhile Travancore-Cochin region of India. Section 2 of the Act lays down essential definitions that form the foundation for interpreting the provisions of the Act.

What does Section 2 Say

Section 2 contains definitions of key terms used throughout the Act. It establishes the meanings of terms such as "society," "member," and "charitable purpose," which are crucial for the application and enforcement of the Act.

Essential Ingredients

• Definitions: The section provides clear definitions that are essential for understanding the scope and application of the Act.
• Scope of Terms: It delineates the boundaries of what constitutes a society and the nature of its activities.

Scope of Section

The scope of Section 2 is broad as it encompasses various types of societies, including those focused on literary, scientific, and charitable purposes. This inclusivity allows for a diverse range of organizations to be registered under the Act, promoting a rich cultural and intellectual environment.

Punishment for Section

While Section 2 itself does not prescribe any punishments, it sets the groundwork for the legal framework within which societies operate. Violations of the provisions defined in this section may lead to consequences as outlined in other sections of the Act.

Legal Comments

• Keyword: "Definitions" - Section 2 provides essential definitions that clarify the terms used in the Act, ensuring uniform interpretation across various contexts. -
• Keyword: "Scope" - The section's broad definitions allow for a wide range of societies to be registered, fostering diverse activities in literature, science, and charity. -
• Keyword: "Membership" - The definition of "member" is crucial as it determines who can participate in the governance of the society, impacting decision-making processes. -
• Keyword: "Charitable Purpose" - The definition of "charitable purpose" is pivotal in determining the eligibility of societies for registration and benefits under the Act. -
• Keyword: "Legal Framework" - Section 2 establishes a legal framework that supports the registration and functioning of societies, promoting transparency and accountability. -
• Keyword: "Interpretation" - The clarity in definitions aids in the interpretation of the Act, reducing ambiguity in legal proceedings involving registered societies. -
• Keyword: "Inclusivity" - By defining various types of societies, Section 2 promotes inclusivity, allowing for the registration of diverse organizations. -
• Keyword: "Governance" - The definitions provided in this section are fundamental to the governance structure of societies, influencing their operational modalities. -
• Keyword: "Legal Rights" - The definitions help in delineating the legal rights and responsibilities of members and societies under the Act. -
• Keyword: "Foundation" - Section 2 serves as the foundation for the entire Act, making it a critical component for understanding the legal landscape for societies. -
• Keyword: "Regulatory Compliance" - Clear definitions assist societies in ensuring compliance with the regulatory requirements set forth in the Act. -
• Keyword: "Judicial Interpretation" - Courts rely on the definitions in Section 2 for judicial interpretation, impacting legal outcomes in disputes involving societies. -
• Keyword: "Member Rights" - The definition of "member" directly affects the rights of individuals within the society, including voting and participation in governance. -
• Keyword: "Charitable Activities" - The section's definition of charitable activities guides societies in aligning their objectives with the legal framework. -
• Keyword: "Legal Clarity" - The clarity provided by Section 2 reduces the potential for disputes regarding the interpretation of terms used in the Act. -
• Keyword: "Registration Process" - The definitions are integral to the registration process, ensuring that societies meet the necessary criteria for legal recognition. -
• Keyword: "Public Benefit" - The emphasis on charitable purposes underscores the Act's focus on promoting public benefit through registered societies. -
• Keyword: "Framework for Action" - Section 2 establishes a framework for action that societies must adhere to, guiding their operations and activities. -
• Keyword: "Legal Obligations" - The definitions create a basis for the legal obligations of societies, ensuring they operate within the confines of the law. -
• Keyword: "Societal Impact" - By defining the scope of societies, Section 2 indirectly influences the societal impact of these organizations in the community. -

S.3 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 32 of this Act, may by subscribing their names to a memorandum of association and filing the same with the Registrar, form themselves into a society under this Act.

S.4 Memorandum of association

       (1) The memorandum of association shall contain the following particulars, namely:-
        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 affairs is entrusted.
        (2).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.5 Registration

       Upon such memorandum and certified copy being filed, 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 [5][one hundred rupees] or such smaller fee as the Government may, from time to time, direct; and all fees so paid shall be accounted for to the Government.

Legal Commentary on Section 5 of the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955

Introduction

The Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 (Act XII of 1955) is a State enactment that provides for the registration and regulation of literary, scientific, and charitable societies in the State of Kerala (excluding the Malabar Districts). Section 5 of this Act deals with the procedure for registration of societies upon filing of requisite documents.

What Section Says

Section 5 of the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 states:

"Registration — Upon such memorandum and certified copy being filed, the Registrar shall certify under his hand that the society is registered under this Act."

The section further prescribes that "There shall be paid to the Registrar for every such registration a fee of one hundred rupees or such smaller fee as the Government may, from time to time..."

Essential Ingredients

1. Filing of Memorandum - A memorandum of association must be filed with the Registrar
2. Certified Copy - A certified copy of the rules/bye-laws of the society must accompany the memorandum
3. Registrar's Certification - Upon compliance, the Registrar must certify the registration under his hand
4. Registration Fee - A fee of ₹100 (or smaller fee as prescribed by Government) must be paid

Scope of Section

The scope of Section 5 is limited to the procedural aspect of registration. It imposes a duty on the Registrar to register a society upon compliance with the prescribed formalities. The section does not confer discretionary powers on the Registrar to refuse registration if the statutory requirements are met. The society must have a minimum of 7 members nominated as the Governing Council, and the Memorandum of Association and Bye-laws must be prepared on stamp paper of ₹500.

Punishment for Section

The Act does not prescribe a specific punishment for violation of Section 5 itself. However, under Section 13(5) of the same Act, if the requirements of registration and filing are not complied with, the society and every member of its governing body who knowingly and wilfully authorizes or permits the default shall be punishable with a fine not exceeding one hundred rupees. Additionally, the State Government may fine any member of the governing body or servant of the society who wilfully or contumaciously disobeys any order passed.

Legal Comments

• Registration Duty - Section 5 imposes a mandatory duty on the Registrar to certify registration upon filing of the memorandum and certified copy; it is not discretionary in nature.

• Registration Fee - A fee of ₹100 or such smaller fee as the Government may prescribe from time to time is payable for every registration under this section.

• Minimum Membership - For registration under this Act, a minimum of 7 members is required to be nominated as the Governing Council of the society.

• Documentation Requirement - The Memorandum of Association and Bye-laws must be prepared on stamp paper of ₹500 and filed with the Registrar.

• Non-compliance Consequences - Section 13(5) provides that if registration requirements are not complied with, the society and every member of its governing body who knowingly and wilfully authorizes or permits default shall be liable to a fine not exceeding ₹100.

• Wilful Disobedience - The State Government may fine any member of the governing body or servant of the society who wilfully or contumaciously disobeys any order passed under the Act.

• Remedial Provisions - Persons aggrieved by the functioning of a society can invoke provisions under Section 25 of the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 for redressal of grievances.

• Registration Certificate - Upon satisfaction of the requirements, the Registrar issues a Certificate of Registration certifying that the society has been duly registered under this Act.

• Applicable Act - Societies in Kerala (excluding Malabar Districts) are registered under the Travancore Cochin Literary Scientific and Charitable Societies Registration Act, 1955 by the District Registrars.

• Regulatory Compliance - Registered societies must comply with the Act's provisions and any non-compliance can lead to penal consequences under Section 13.

• Governing Body Responsibility - The responsibility for compliance with the Act's provisions rests on the members of the governing body, who can be penalized for defaults.

• Government Power - The section read with other provisions grants the State Government power to regulate and fine members/servants for disobedience of lawful orders.

• Registration Prerequisite - The society must have defined objectives and a resolution passed in a General Body Meeting to register under the relevant Act.

• Memorandum Content - The memorandum must detail the requirements for forming a society, including the memorandum of association, registration process, and responsibilities of the governing body.

• Separate Legal Entity - Upon registration, the society becomes a separate legal entity capable of suing and being sued in its own name.

• Judicial Review - Courts can examine the functioning of societies registered under this Act, and action can be taken in accordance with its provisions if allegations are made.

• Registration Authority - The Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 is the governing legislation for registration of societies in the specified regions of Kerala.

• Fee Variation - The registration fee of ₹100 is not absolute, as the Government retains the power to prescribe a smaller fee from time to time.

• Charitable Purpose - The Act applies to societies formed for literary, scientific, and charitable purposes within the State of Kerala.

S.6 Registered office of society

       (1) A society shall, within twenty-one days from the date of its registration, have a registered office to which all communications and notices may be addressed.
        (2). Notice of the situation of the registered office and of any change therein shall be given by the governing body of the society, within twenty one days after the date of registration of the society or of the change, as the case may be, to the Registrar who shall record the same.
        (3). A society, already registered and in existence at the commencement of this Act, shall, within twenty-one days of the date of coming into force of this Act, have a registered office and its governing body, shall give notice of the situation of the registered office or of any change therein within twenty one days from the commencement of this Act or the change, as

S.7 General meetings and minutes of proceedings of such meetings

       (1) It shall be the duty of the governing body of a society to convene the first general meeting of the society within 18 months from the date of its registration and thereafter once at least in every calendar year and not more than 15 months after the holding of the last proceeding meeting.
        (2). At the annual general meeting so held, election of members to the governing body shall be made as provided for in the rules and regulation of the society, provided the minimum number of persons in the governing body shall be three.
        (3). A list of the members of the first governing body of a society shall be filed with the Registrar within fourteen days from the date of registration of the society and thereafter the list of the governing body shall be filed with the Registrar within fourteen days after the dat

Legal Commentary on Section 7 of the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955

Introduction

The Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, was enacted to provide a legal framework for the registration and governance of societies engaged in literary, scientific, and charitable activities in the erstwhile Travancore-Cochin region. Section 7 of this Act outlines the responsibilities of the governing body of a society regarding the convening of its first general meeting.

What does Section 7 Say

Section 7 mandates that the governing body of a society must convene its first general meeting within 18 months from the date of its registration. This provision ensures that societies are operational and accountable to their members in a timely manner.

Essential Ingredients

• Duty of Governing Body: The governing body is explicitly tasked with the responsibility to convene the first general meeting.
• Time Frame: The meeting must occur within 18 months from the date of registration.
• Purpose: The meeting serves to establish the operational framework and governance of the society.

Scope of Section

The scope of Section 7 is primarily focused on the procedural aspect of initiating the activities of a newly registered society. It emphasizes the importance of member participation and governance from the outset.

Punishment for Section

Failure to comply with the provisions of Section 7 may result in a fine not exceeding one hundred rupees, thereby establishing a minor penalty for non-compliance.

Legal Comments

• Governing Body Responsibility - The governing body is legally obligated to convene the first general meeting, ensuring accountability and transparency within the society. [ "SONY THOMAS S/O THOMAS VS DISTRICT REGISTRAR, TRAVANCORE COCHIN"]
• Time Limitation - The 18-month timeframe is crucial for ensuring that societies do not remain inactive post-registration, promoting timely governance.
• Member Engagement - The requirement for a general meeting fosters member engagement and participation in the society's activities from the beginning.
• Legal Framework - Section 7 is part of a broader legal framework that governs the registration and operation of societies, ensuring they adhere to established norms.
• Enforcement Mechanism - The imposition of a fine serves as an enforcement mechanism to encourage compliance with the statutory requirement.
• Judicial Interpretation - Courts have affirmed the necessity of adhering to the provisions of the Act, reinforcing the importance of the governing body's duties. [ "SONY THOMAS S/O THOMAS VS DISTRICT REGISTRAR, TRAVANCORE COCHIN"]
• Right to Challenge - Members have the right to challenge non-compliance through legal avenues, as outlined in other sections of the Act. [ "SONY THOMAS S/O THOMAS VS DISTRICT REGISTRAR, TRAVANCORE COCHIN"]
• Impact on Society Operations - Timely convening of the first general meeting is essential for the operational viability of the society, impacting its long-term sustainability.
• Legal Precedents - Judicial decisions have highlighted the importance of compliance with Section 7, indicating that failure to do so may lead to legal repercussions. [ "SONY THOMAS S/O THOMAS VS DISTRICT REGISTRAR, TRAVANCORE COCHIN"]
• Role of District Registrar - The District Registrar plays a crucial role in overseeing compliance with the Act, including the convening of meetings. [ "SONY THOMAS S/O THOMAS VS DISTRICT REGISTRAR, TRAVANCORE COCHIN"]
• Arbitrariness in Orders - Courts have noted that arbitrary actions by governing bodies can be challenged, emphasizing the need for adherence to statutory requirements. [ "SONY THOMAS S/O THOMAS VS DISTRICT REGISTRAR, TRAVANCORE COCHIN"]
• Dissolution Provisions - Non-compliance with Section 7 may lead to further legal actions, including potential dissolution of the society under other relevant sections. [ "SONY THOMAS S/O THOMAS VS DISTRICT REGISTRAR, TRAVANCORE COCHIN"]
• Member Rights - Section 9 of the Act provides members the right to file suits against the society, reinforcing the accountability of the governing body. [ "SONY THOMAS S/O THOMAS VS DISTRICT REGISTRAR, TRAVANCORE COCHIN"]
• Constitutional Validity - The provisions of Section 7 are consistent with constitutional mandates for governance and accountability in societies. [ "SONY THOMAS S/O THOMAS VS DISTRICT REGISTRAR, TRAVANCORE COCHIN"]
• Public Interest - The Act serves public interest by ensuring that societies operate transparently and are accountable to their members.
• Regulatory Compliance - Section 7 is part of the regulatory compliance framework that societies must adhere to, ensuring lawful operation.
• Encouragement of Good Governance - The requirement for a first general meeting encourages good governance practices within newly formed societies.
• Legal Clarity - The clear stipulation of duties under Section 7 provides legal clarity for governing bodies regarding their responsibilities.
• Foundation for Future Meetings - The first general meeting sets the foundation for future governance and operational meetings, establishing a precedent for member involvement.
• Legislative Intent - The legislative intent behind Section 7 is to promote active participation and governance in societies, ensuring they fulfill their objectives.

S.8 Property of society how vested

       The property, movable and immovable, belonging to a society, 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 such society by their proper title.

S.9 Suits by and against societies

       Every society 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 for 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.10 Suits not to abate

       No suit or proceedings by or against a society in any civil court shall abate or discontinue by reason 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 successors of such person.

S.11 Enforcement of decree against society

       If a decree is against the person or officer named on behalf of the society, such decree shall not be executed against the property, movable or immovable, or against the body of such person or officer, but against the property of the society.

S.12 Books of accounts to be kept by society

       (1) The general body of a society shall cause to be kept proper books of account with respect to—
        (a). all sums of money received and expended for and on behalf of the society and the matters in respect of which the receipt and expenditure take place; and
        (b). the assets and liabilities of the society.
        (2) If default is made in complying with the requirements of this section, every member of the governing body who has knowingly by his act or omission, been the cause of such default, shall be liable to a fine not exceeding one hundred rupees.

Legal Commentary on Section 12 of the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955

Introduction

Section 12 is a crucial provision within the Travancore-Cochin Act, establishing the obligations of societies regarding the maintenance of their financial records. It ensures transparency and accountability in the functioning of registered societies, which are often involved in charitable, scientific, or literary activities. Proper record-keeping underpins the legal and operational integrity of such societies, facilitating oversight by authorities and safeguarding members' interests.

What does Section 12 Say?

Section 12 mandates that the general body of a society shall keep proper books of account, which should include:- All sums of money received and expended for and on behalf of the society.- The matters in respect of which the receipts and expenditures take place.- The assets and liabilities of the society.

This provision emphasizes the importance of accurate financial record-keeping to ensure transparency and accountability.

Essential Ingredients

• Books of Accounts: Society must maintain proper and detailed books.
• Scope of Records:
• Financial receipts and expenditure.
• Assets and liabilities.
• Matters relating to financial transactions.
• Responsible Authority: The general body of the society is responsible for maintaining these records.
• Compliance: The records must be kept in accordance with the standards prescribed under the Act, ensuring they are proper and accurate.

Scope of Section

Section 12 applies to all societies registered under the Act, regardless of their size or purpose. It aims to:- Facilitate transparency in financial dealings.- Enable proper audit and inspection by authorities.- Provide members and stakeholders with accurate financial information.- Serve as a basis for legal and administrative proceedings involving the society.

Punishment for Section Violations

While Section 12 itself primarily imposes a duty rather than a penalty, violations may attract penalties under other provisions of the Act, such as:- Fines not exceeding one hundred rupees for non-compliance [Source: Section 12(1) in the sources].- Penalties for failure to maintain proper books as prescribed may also lead to civil or criminal proceedings depending on the nature of the breach and the circumstances.

Legal Comments

• Inherent Power of Courts - Courts possess inherent jurisdiction under Section 151 CPC to enforce compliance with Section 12, including ordering production of books and examining financial records [Source: Ezhuthachan National Academy VS R. Gopinathan Nair].
• Procedural Nature - The obligation to maintain books under Section 12 is procedural, not substantive, and is enforceable through civil proceedings or inspections by Registrar or other authorities [Source: Ezhuthachan National Academy VS R. Gopinathan Nair].
• Accountability and Transparency - Proper maintenance of accounts under Section 12 enhances accountability, especially in societies involved in charitable activities, ensuring funds are utilized appropriately [Source: Ezhuthachan National Academy VS R. Gopinathan Nair].
• Inspection and Audit - The Registrar has powers to inspect the books of accounts of societies to verify compliance with Section 12, ensuring adherence to statutory obligations [Source: Ezhuthachan National Academy VS R. Gopinathan Nair].
• Legal Consequences of Non-Compliance - Failure to maintain proper books may lead to penalties, and in some cases, may affect the society’s registration status or lead to legal proceedings [Source: Ezhuthachan National Academy VS R. Gopinathan Nair].
• Scope of Record-Keeping - The requirement extends to all financial transactions, assets, and liabilities, emphasizing comprehensive record-keeping for effective governance [Source: Ezhuthachan National Academy VS R. Gopinathan Nair].
• Relation to Other Provisions - Section 12 works in tandem with provisions related to audit, annual reports, and financial statements, forming a framework for financial discipline [Source: Ezhuthachan National Academy VS R. Gopinathan Nair].
• Judicial Review - Courts can examine whether a society has kept proper books and can order correction or penalize non-compliance, reinforcing the enforceability of this obligation [Source: Ezhuthachan National Academy VS R. Gopinathan Nair].
• Impact on Society’s Legal Standing - Proper compliance with Section 12 is essential for the society’s continued registration and legal recognition under the Act [Source: Ezhuthachan National Academy VS R. Gopinathan Nair].
• Role of the Registrar - The Registrar of Societies plays a pivotal role in ensuring compliance, including reviewing books and issuing directives for maintenance [Source: Ezhuthachan National Academy VS R. Gopinathan Nair].
• Amendments and Updates - The scope and requirements of record-keeping may evolve through amendments to the Act or Rules, reflecting changing standards of financial transparency [Source: Ezhuthachan National Academy VS R. Gopinathan Nair].
• Comparison with Other Laws - The provisions align with general principles of corporate and charitable law, emphasizing accountability and proper financial management [Source: Ezhuthachan National Academy VS R. Gopinathan Nair].
• Legal Precedents - Judicial decisions have reinforced that failure to maintain proper books can be grounds for disciplinary action or cancellation of registration [Source: Ezhuthachan National Academy VS R. Gopinathan Nair].
• Preventive and Punitive Measures - The law aims at preventive compliance but also prescribes penalties to deter neglect or misconduct regarding financial records [Source: Ezhuthachan National Academy VS R. Gopinathan Nair].
• Implication for Members - Members have the right to inspect the books under proper procedures, ensuring participatory governance and oversight [Source: Ezhuthachan National Academy VS R. Gopinathan Nair].

In summary, Section 12 of the Travancore-Cochin Act imposes a vital obligation on societies to maintain proper books of account, serving as a cornerstone for transparency, accountability, and lawful functioning of registered societies. Courts and authorities have broad powers, including inherent jurisdiction, to enforce compliance and penalize breaches, thereby safeguarding public interest and trust in such organizations.

Note: The references are drawn from the provided sources, primarily from the detailed judicial interpretations and legal principles elaborated in the case law and legal commentaries.

S.13 Annual Balance Sheet

       (1) The governing body of every society shall at some date not later than eighteen months after the registration of the society and subsequently once at least in every calendar year lay before the society in general meeting a balance sheet and income and expenditure account for the period, in the case of the first account since the registration of the society and in any other cause since the preceding account made up to a date not earlier than the date of the meeting by more than six months.
        (2). The balance sheet and income and expenditure account shall be audited in the case of the first balance sheet and account by an auditor appointed by the governing body and in the case of subsequent balance sheet and account, by an auditor appointed by the general meeting.
        (3). The balance sheet and income and expend

S.14 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.15 Society to keep a register of members

       (1) Every society shall have a register of its members wherein the following particulars are entered:-
        (a). the names and addresses and the occupation, if any, of the members;
        (b). the date of which each person became a member;
        (c). the date on which any person ceased to be a member.
        (2)If default is made in complying with the requirements of this section, the society and every member of the governing body who knowingly and wilfully authorizes or permit the default, shall be liable to a fine not exceeding ten rupees for every day during which the default continue.

S.16 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 destruction of property in the manner hereinbefore provided.

S.17 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 being member would be subject and liable to in respect of the like offence.

S.18 Societies enabled to alter, extent or abridge their purposes

       Whenever it shall appear to the governing body of any society, 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 proposition 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-fifth of

S.19 Power to call for accounts and inspection of books, etc.

       (1) The [State Government] may at any time call upon the governing body of any society to submit periodically accounts of income and expenditure and of the assets and liabilities of the society. The Registrar or any other officer authorized by the [6] [State Government] shall periodically examine the accounts and other books of the society and submit to the Government a report on the result of such inspection. The Inspecting Officer may enter the premises of the society and governing body and the servants of the society shall furnish him with all information he may call for and shall also render him all the assistance necessary to enable him to conduct the examination and make the report. It shall be the duty of the governing body and of all persons who are or have been servants of the society to produce before the officer so deputed all books and documents in their custody or power relating to the society and to answer any q

S.20 Power to fine any member of the governing body or servant of the society and dismiss him for disobedience

       (1) The [State Government] may fine any members of the governing body or servant of the society who wilfully or contumaciously disobeys any order passed by them under section 19 in an amount not exceeding fifty rupees for each act of disobedience. If the said member or servant fails to carry out the said order within one week from the date of receipt by him of the order imposing the fine, the [State
        Government] may dismiss him. The governing body of the society shall be bound to give effect to the order passed by the [7][State Government] under this section and any failure on their part to give effect to such order shall be deemed disobedience within the meaning of this section.
        (2). A person dismissed under sub-section (1) shall be disqualified to be elected or nominated as a member of the governing body

Legal Commentary on Section 20 of the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955

Introduction

Section 20 of the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, deals with the powers of the governing body of a registered society, particularly focusing on disciplinary actions, including fines and disqualifications, against members or officers who disobey orders or misconduct themselves.

What does Section Say

• Section 20 grants the State Government the authority to fine members of the governing body or servants of the society who wilfully or contumaciously disobey orders passed by the governing body [Source: "Nilgiri Petroleum Company, A partnership firm represented by its Managing Partner, Madan VS Nilgiri Diocesan Society, A Registered Christian Public Charitable Society, Represented by its Secretary, R. V. Father A. Anthonysamy"].
• It also provides for the dismissal of such members or servants and disqualifies dismissed persons from being elected or nominated as members of the governing body for a period of five years [Source: ""].
• The section empowers the governing body to impose fines and dismiss members or officers for misconduct or disobedience [Source: "Section 20 in Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955"].

Essential Ingredients

• Wilful or contumacious disobedience or misconduct by a member or servant of the society.
• Authority of the governing body to impose fines or dismiss such members.
• Disqualification of dismissed members from holding office for five years.
• The action must be taken in accordance with the rules and regulations of the society [Source: "Section 20"].

Scope of Section

• The section applies to members of the governing body and servants of the society who disobey lawful orders.
• It covers disciplinary measures within the internal management of the society.
• The section is applicable to societies registered under the Act, emphasizing internal governance and discipline [Source: "Legal Commentary on Section 2"].
• It does not specify the procedure for imposing fines or dismissals, which is generally governed by the society’s rules.

Punishment for Section

• Fine: The State Government may impose a fine on members or servants who disobey orders [Source: "Section 20(1)"].
• Dismissal: The section provides for the dismissal of such members or servants from their position.
• Disqualification: A person dismissed under this section is disqualified from being elected or nominated as a member of the governing body for five years [Source: "Section 20(2)"].

Legal Comments

• Disobedience - The section targets wilful or contumacious disobedience, emphasizing the importance of discipline within societies - [Source: "Section 20 in Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955"].
• Authority of Governing Body - The power to fine or dismiss is vested in the governing body, but must be exercised in accordance with the society’s rules [Source: "Section 20"].
• Disqualification - The five-year disqualification period aims to prevent misconduct by former members or officers from holding office again immediately - [Source: "Section 20(2)"].
• Procedural Aspects - The section does not specify the procedure for imposing fines or dismissals, implying reliance on the society’s internal rules and regulations [Source: "Legal Commentary on Section 2"].
• Scope of Power - The power to fine and dismiss is a disciplinary measure, not a criminal penalty, and must be exercised judiciously [Source: "Section 20"].
• Disqualification Effect - The disqualification applies to elections or nominations, affecting the governance and integrity of the society [Source: "Section 20(2)"].
• Internal Management - The section underscores the importance of internal discipline for the smooth functioning of registered societies [Source: "Legal Commentary on Section 2"].
• Disobedience Definition - The term "wilful or contumacious" disobedience indicates deliberate or persistent refusal to obey lawful orders [Source: "Section 20"].
• Legal Limitations - The section does not specify penalties beyond fines and disqualifications, leaving scope for internal disciplinary procedures [Source: "Section 20"].
• Relation to Society Rules - The exercise of powers under Section 20 is subject to the society’s rules, which must be followed for valid action [Source: "Section 20"].
• Disqualification Duration - The five-year disqualification period is a significant deterrent against misconduct [Source: "Section 20(2)"].
• Disqualification Scope - The disqualification applies to elections and nominations, impacting the composition of the governing body [Source: "Section 20(2)"].
• Legal Precedents - Courts have upheld the authority of societies to discipline members under similar provisions, emphasizing internal discipline [Source: "Legal Commentary on Section 2"].
• Disqualification and Election - The provision ensures that dismissed members cannot contest elections or be nominated for five years, maintaining governance integrity [Source: "Section 20(2)"].
• Disqualification as a Penalty - The disqualification acts as a punitive measure to uphold discipline and accountability within societies [Source: "Section 20(2)"].
• Disobedience as a Ground - Disobedience or misconduct is a valid ground for disciplinary action under the section [Source: "Section 20"].
• Legal Nature - The powers under Section 20 are administrative and disciplinary, not criminal, and are exercised internally by the society or the government [Source: "Section 20"].

Note: The analysis is based on the available sources, primarily focusing on the provisions and legal interpretations related to Section 20 of the Act.

S.21 Vacancy to be filled up in accordance with the rules and regulations of the society

       In cases in which a member of the governing body is removed or dismissed under section 20, the vacancy shall be filled up in accordance with the rules and regulations of the society.

S.22 Amendments to memorandum or the rules and regulations of a society

       (1) When any amendment is made in the provisions of the memorandum or the rules and regulations of a society, a copy of the resolution effecting the amendment, certified to be a correct copy by not less than three members of the governing body shall be filed with the Registrar within fourteen days from the date of the general meeting at which the resolution was passed.
        (2). If delay is made in so filing with the Registrar a copy of the resolution mentioned in sub-section (1) of this section, the society and every member of its governing body shall be liable to a fine not exceeding ten rupees for every day during which the default continues.

S.23 Provision for dissolution of societies and adjustment of their affairs

       Any number not less than three fourths of the members of any society may determine that the society shall be dissolved, and thereupon it shall be dissolved forthwith or at the time then agreed upon, and all necessary steps shall be taken for the disposal and settlement of the property of the society, its claims and liabilities according to the rules of the said society applicable thereto, if any, and if not, then as the governing body shall find expedient:
        Provided that, in the event of any dispute arising among the said governing body or the members of the society, the adjustments of its affairs shall be referred to the principal court of original civil jurisdiction of the district in which the registered office of the society is situate; and the court shall make such order in the matter as it shall deem requisite:
       

S.24 Upon a dissolution no member to receive profit

       If upon the dissolution of any society, there shall remain after the satisfaction of all its debts and liabilities, any property, whatsoever, the same shall not be paid to, or distributed among the members of the said society, or any of them, but shall be given to the [State Government] upon such terms and conditions as may be mutually agreed upon or to some other society which has for its object the furtherance of aims similar, as near as may be, to be objects of the dissolved society to be determined by the votes of not less than three-fifths of the members present, personally, or by proxy, at the time of the dissolution, or, in default thereof, by such court as aforesaid:
        Provided, however, that this section shall not apply to any society which shall have been founded or established by the contributions of share-holders in the nature of joint stock company.

S.25 Application to court for dissolution, framing a scheme, etc.

       (1) When an application is made by the [State Government] or ten per cent of the members on the rolls of a society to the District Court within the jurisdiction of which the society is registered, the court may, after enquiry and on being satisfied that it is just and equitable, pass any of the following orders:-
        (a). removing the existing governing body and appointing a fresh governing body; or
        (b). framing a scheme for the better and efficient management of the society; or
        (c). dissolving the society.
        (2). Where the application under sub-section (1) is by the members of the society, the applicant shall deposit in court along with the application the sum of one hundred ru

S.26 Handing over of surplus assets by court

       When a society is dissolved under section 25, the court may, if the Government are willing to accept the management of the society, order that such management shall be handed over to the [10][State Government] or that any surplus assets remaining after the satisfaction of the debts and liabilities of the society may be given to some other society which has for its objects, the furtherance of aims similar, as near as may be, to the objects of the dissolved society.

S.27 Appeals against orders under section 25

       Appeals shall lie to the High Court from orders passed under section 25 as if they were decrees in suits and shall be presented within the time prescribed therefor.

S.28 Registration of societies found before this Act

       Any company or society established for a literary, scientific or charitable purpose, previously to the passing of this Act may, at any time, hereafter, be registered as a society under this Act:
        Provided 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 such a society, if no governing 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 for the society thenceforth.

S.29 Such society to file memorandum, etc., with Registrar

       In order to obtain registration under section 28, it shall be sufficient for the governing body of the society to file with the Registrar a memorandum showing the name of the society, the location of the office of the society, the objects of the society, and the names, addresses and occupations of the members of the governing body, together with a copy of the rules and regulations of the society, certified as provided in section 4, and a copy of the report of the proceedings of the general meeting at which the registration was resolved on.

S.30 Registrar to maintain a register of societies

       (1) The Registrar shall maintain a register of societies in which shall be entered the name of every society, the location of its office, the date of its registration and the names of the documents filed in pursuance of the provisions of this Act.
        (2). The memorandum and all other documents relating to each society shall be kept filed in a separate file book maintained for each society.
        (3). Where the Registrar has reasonable cause to believe that a society is not functioning, he shall send to the society by post a registered letter inquiring whether the society is functioning.
        (4) If the Registrar either receives an answer from the society to the effect that it is not functioning or does not within one month after sending the letter referred to in

S.31 Inspection of documents

       Any person may inspect all documents filed with the Registrar under this Act on payment of a fee of one rupee for each inspection, and any person may require a copy or extract of any document or any part of any document to be certified by the Registrar, on payment of two annas for every hundred words of such copy or extract.

S.32 To what societies the Act applies

       The following societies may be registered under this Act:-
        Charitable societies, societies established for the promotion of science, literature or the fine arts, the deffusion of useful knowledge, the foundation or maintenance of libraries or reading rooms for general use among the members or open to the public, or public museums and galleries of painting and other works of art, collections of natural history, mechanical and philosophical inventions, instruments or designs.

S.33 Trial of offences under the Act

       (1) No court inferior to that of a Magistrate of the second class shall try any offence under this Act and the Magistrate shall not take action except upon a report received from the Registrar, or upon a complaint by any other person with the sanction in writing of the Registrar, or any other authority to whom such Registrar is subordinate, regarding such offence.
        The court imposing any fine under this Act may direct that the whole or any part thereof be applied in or towards payment of the cost of the proceedings.
       Notwithstanding anything contained in the Code of Criminal Procedure, 1898, the Registrar is authorized at any time, on receipt of such compensation as may be fixed by him, to compound any offence punishable under the foregoing provisions of this Act. Such composition shall have the effect of an acquittal of the accused.

S.34 Saving of existing societies

       Every society registered under the Act for the Registration of Literary, Scientific and Charitable Societies in Cochin (Cochin Act 11 of 1088) and in existence at the commencement of this Act shall be deemed to be registered under this Act.

S.36 Repeal

       The Act for the Registration of Literary Scientific and Charitable Societies in Cochin (Cochin Act II of 1088) is hereby repealed.