SOCIETIES REGISTRATION (UTTAR PRADESH AMENDMENT) ACT, 1975

Act No. 52 of 1975

06th October, 1975

An Act further to amend the Societies Registration Act, 1860, in its application to Uttar Pradesh.

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S.1 Short title and extent

(1) This Act may be called the Societies Registration (Uttar Pradesh Amendment) Act, 1975.

(2) It extends to the whole of Uttar Pradesh.

S.2 Substitution of new lection for section 3 of Act XXI of 1860

In the Societies Registration Act, 1860 as amended in its application to Uttar Pradesh, hereinafter referred to as the principal Act, for section 3, the following section shall be substituted, namely: --

"3. (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 one hundred rupees:

Provided that the Registrar may, in his discretion, issue public notice or issue notice 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) Notwithstanding anything in sub-section (1) the Registrar shal

S.3 Insertion of new section 3-A

After section 3 of the principal Act, the following section shall be inserted, namely: --

"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 two years from the date of issue:

Provided that a certificate issued before the commencement of the Societies Registration (Uttar Pradesh Amendment) Act, 1974 (hereinafter in this section referred to as the said Act), shall remain in force for a period of two years from the date of such commencement.

(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 two years at a time:

Provided that in th

S.4 Amendment of section 4

Section 4 of the principal Act shall be renumbered as sub-section (1) thereof, and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely: --

"(2) Together with list mentioned in sub-section (1) there shall be sent to the Registrar a copy of the memorandum of association including any alteration, extension, or abridgement of purposes made under section 12, and of the rules of the society corrected up to date and certified by not less than three of the members of the said governing body to be a correct copy and also a copy of the balance-sheet for the preceding year of account."

S.5 Insertion of new lection 4-A

After section 4 of the principal Act, the following section shall be inserted, namely: --

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

A copy of every change 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."

S.6 Insertion of new sections 12-A, 12-B, 12-C and 12-D

After section 12 of the principal Act, the following sections shall be inserted, namely: --

"12-A. Change of name

Any society registered under this Act may, with the consent of not less than two-thirds of the total number of its members, change its name by resolution passed at a general meeting convened for the purpose.

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 charge of name which shall have effect from the date of such registration.

12-C. Effect of change of name or objects

S.7 Amendment of section 13

In section 13 of the principal Act, for the words, "chief building of the society" the words, "registered office of the society" shall be substituted.

S.8 Insertion of new sections 13-A and 13-B

After section 13 of the principal Act, the following sections shall be inserted, namely: --

"13-A. Power of Registrar to apply for dissolution

(1) Where in the opinion of Registrar, there are reasonable grounds to believe in respect of a society registered under this Act that any of the grounds mentioned in clauses (a) to (e) of sub-section (1) of section 13-B exists he shall send to the society, a notice calling upon it to show cause within such time as may be specified in the notice why the society be not dissolved.

(2) If on or before the date specified in the notice or within such extended period as the Registrar may allow, the society fails to show any cause or if the cause shown is considered by the Registrar to be unsatisfactory, the Registrar may move the Court referred to in section 13 for making an order for the dissolution of the society.

13-B. Dissolution by court

(1) On the application of the Registrar under section 13-A or under sect

S.9 Insertion of new section 14-A

After section 14 of the principal Act, the following section shall be inserted, namely: --

"14-A. Disposal of property of a dissolved society

Notwithstanding anything contained in section 14, it shall be lawful for the members of any society dissolved under section 13 to determine, by a majority of the votes of the members present personally or by proxy at the time of the dissolution of such society, that any property whatsoever remaining after the satisfaction of all the debts and liabilities shall be given to the Government to be utilised for any of the purposes referred to in section 1."

S.10 Insertion of new section 16-A

After section 16 of the principal Act, the following section shall be inserted, namely: --

"16-A. Disqualifications for holding office in society

A 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."

S.11 Amendment of section 19

In section 19 of the principal Act-

• (i) for the words "on payment of a fee of one rupee for each inspection" the words "on payment of such fee as the State Government may, by notification in the Official Gazette fix", shall be substituted; and
• (ii) for the words "on payment of two annas for every hundred words of such copy or extract", the words "on payment of such fee as the State Government may, by notification in the Official Gazette, fix" shall be substituted.

S.12 Insertion of new sections 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 and 33

After section 21 of the principal Act, the following sections shall be inserted, namely--

"22. Power of Registrar to call for information

(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.

23. Audit

(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 a copy of a s

S.24 Investigation of affairs of a society

(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 him all ass

S.25 Disputes regarding election of office-bearers

(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.

(2) Where by an order made under sub-section (1), an election is set aside or an office-bearer is held no longer entitled to continue in office or where the Registrar is satisfied that any election of office-bearers of a society has not been held within the time specified in the rules of that society, he may call a meeting of the general body of such society for electing such office-bearer or office-bearers, and such meeting shall be presided over and be conducted by the Registrar or by any officer authorised by him in this behalf, and the provisions in the rules of the society relating to meetings and elections sh

S.26 Terms of gift to be observed

Where 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.

S.27 Penalties

Any person who--

• (a) 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 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 sub-section (3) of section 23;
• (d) wilfully fails to produce any books of accounts or other records as required by sub-section (2) of section 24;
• (e) wilfully fails to appear before the Registrar or other person appointed by him or otherwise contravenes the provisions of subsection (3) of section 24;

shall be punishable with fin

S.28 Procedure

No Court inferior to that of a Magistrate of the first class shall try an offence punishable under this Act nor shall cognizance of any such offence be taken except on a complaint made by the Registrar or any other person authorised in writing by him by general or special order in that behalf.

S.29 Compounding of offences

(1) The Registrar may accept from any person against whom a reasonable suspicion exists that he has committed any offence punishable under section 27 or against whom a prosecution under that section has been instituted, a sum of money by way of composition fee for the offence which such person is suspected or accused to have committed.

(2) On the payment of such composition fee the suspected person if in custody, shall be discharged and no further proceedings shall be taken against him, and if prosecution of such person had been instituted, the composition shall have the effect of his acquittal.

S.30 Manner of payment of tea

Fees payable under the provisions of this Act shall be paid in such manner as may be prescribed by rules.

S.31 Indemnity

No suit, prosecution or other legal proceeding shall lie in any court against the State Government, the Registrar or against any person appointed for inspection or investigation under section 24, for anything in good faith done or intended to be done under this Act or the rules made thereunder.

S.32 Mode of service of notice, etc. by Registrar

(1) Any notice, order or requisition meant for a society or for the governing body thereof to be issued by the Registrar may be served on the Secretary of the society, and service on the Secretary be as effectual as if the same had been served on every member of the society or, as the case may be, on every member of the governing body thereof, unless the Registrar otherwise directs.

(2) The sending of such notice, order or requisition to the secretary of the society by registered post at its registered office shall amount to sufficient service thereof on the society.

S.33 Power to make rules

(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) All rules made under this Act shall, as soon as may be, after they are made, be laid before each House of the State Legislature while it is in session, for a total period of thirty days extending in its one session or more than one successive sessions and shall unless some later date is appointed, take effect from the date of their publication in the Official Gazette, subject to such modifications or annulments as the two Houses of the Legislature may, during the said period agree to make, so however, that any such modification or annulment shall be without prejudice to validity of anything previously done thereunder.