ANDHRA PRADESH (TELANGANA AREA) PUBLIC SOCIETIES REGISTRATION ACT 1350 F

Act No. 1 of 1350-F

17th Dai, 1350-F

Whereas it is expedient to make law for determining the legal status of societies established or which may be established in future, in 2[Telangana Area of the State of Andhra Pradesh] for the diffusion of knowledge and arts or for the fulfillment of public or religious purposes; It is hereby enacted as follows.--

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S.1 Short title, extent and commencement

This Act may be called 1[the Andhra Pradesh (Telangana Area) Public Societies Registration Act, 1350-F,] and shall come into force in 2[the whole of the 3[Telangana area of the State of Andhra Pradesh] from the date of its publication in the 4[Official Gazette].

1. Substituted for the original short title by A.P. Act IX of 1961.

2. The words "the whole of the Hyderabad area of the State of Andhra Pradesh' were Substituted for the words "Kul Mumalik-i-Mahroosa-i-Sarkar-i-Aali" (the whole of the H.E.H. the Nizam's Dominions) by the A.P.A.O. 1957.

3. Substituted for the words "Hyderabad area of the State of Andhra Pradesh" by A.P. Act IX of 1961.

4. Substituted for the word 'Jarida' by the A.P.A.O. 1957.

S.2 Registration of Societies

Any five or more persons forming a society for the diffusion of any knowledge or art or for the fulfillment of public or religious purposes, may get their society registered under this Act.

S.3 Memorandum of society

Such five or more persons shall file with the 1[Inspector General of Registration and Stamps, Andhra Pradesh], a memorandum under their signature which shall contain the name of the society, its objects and the names, addresses and occupations of the persons responsible under the rules of the society, to manage its affairs. Such memorandum shall be accompanied by a copy of the rules of the society, certified to be a correct copy by at least three members of the society.

1. Substituted for the words Registrar Company Hai Surmaya Mushtraka sarkar-i-Aali' (Registrar Joint Stock Companies, H.E.H. the Nizam's Dominions) by ibid.

S.4 Registration and fees

After such memorandum and certified copy have been filed, the 1[Inspector General of Registration and Stamps, Andhra Pradesh], shall certify under his hand that the society is registered under this Act. There shall be paid for every such registration such fee as the Government may prescribe and which in no case shall exceed fifty rupees.

1. Substituted for the words Registrar Company Hai Surmaya Mushtraka sarkar-i-Aali' (Registrar Joint Stock Companies, H.E.H. the Nizam's Dominions) by ibid.

S.5 Annual list of members to be filed

Every year, within two weeks from the date on which, according to the rules of the society, the annual general meeting of the society is held, and if the rules do not provide for an annual general meeting, every year in the month of Azur, a list shall be filed with the 1[Inspector General of Registration and Stamps, Andhra Pradesh], which shall contain the names, addresses and occupations of the members of the managing committee and officers entrusted with the management of the affairs of the society.

1. Substituted for the words "Registrar Company Hai Surmaya Mushtraka" (Registrar Joint Stock Companies) by the A.P.A.O. 1957.

S.6 Property of society how vested

The property, movable and immovable, belonging to such registered society, if not vested in trustees, shall vest in the managing committee of the society, and in all judicial proceedings relating to such property, shall be deemed to be the property, of the managing committee.

S.7 Suits by and against society

Any such registered society may sue or be sued in the name of the chairman or secretary or trustees, as shall be determined by the rules of the society, and if there are no rules in this behalf, in the name of such person as shall be nominated by the managing committee for this purpose:

Provided that when a suit is instituted against such society, the plaintiff shall apply to the managing committee of the society to nominate any person to be made the defendant, and if the managing committee fails to nominate any person within a month or if, in the circumstances, the matter cannot be deferred so long, the plaintiff may sue the society's chairman or secretary or trustees.

S.8 Recovery of penalty and arrears of subscription

If the rules of the society provide, or if it is resolved by a majority of votes of two-thirds of the members present at its general meeting, that a member shall have to pay a specific pecuniary penalty for the breach of any rule of the society, a suit may be instituted in a Civil Court for the recovery of such penalty when accrued and for the arrears of subscription.

S.9 Amendment, alteration etc., in the purposes of society

(1) No alteration, amendment or extension shall be made in the purposes of the society, nor shall it be amalgamated with any other society unless, it is voted by two-thirds of the members present at a special meeting convened for this purpose in accordance with the rules of the society, and confirmed by two-thirds of the members present at a second special meeting.

Provided that a notice to hold such meeting shall be delivered or sent by post to every member at least ten days in advance.

(2) The alteration, amendment or extension made or amalgamation affected under sub-section (1), shall be reported to the 1[Inspector General of Registration and Stamps, Andhra Pradesh].

1. Substituted for the words "Registrar Company Hai Surmaya Mushtraka" (Registrar, Joint Stock Companies) by the A.P.A.O. 1957.

S.10 Dissolution of society and adjustment of its affairs

No registered society shall be dissolved unless two-thirds of the members present at a meeting, convened for the purpose so determine, and at the same meeting the time when it is to be dissolved, and the method to be followed for the disposal and settlement of its property and debts shall also be determined:

Proved that if the Government is a member of, or contributes or has contributed to, or otherwise interested in, any society registered under this Act, such society shall not be dissolved without the consent of the Government.

S.11 Dispute regarding management

In the event of any dispute arising among the Managing Committee or the members of the society, in respect of any management or dissolution of the society, any member of the society may file an application in the District Court concerned, and the said Court shall after necessary, inquiry pass such order as it shall deem fit.

Explanation.-- "District Court" shall mean, in the City of Hyderabad, First Judge of the City Civil Court.

S.12 Appropriation of society's property

if upon the dissolution of the society there shall remain after the satisfaction of all its debts any property the same shall not be paid to all or any of the members of the society, but shall be given to some other society to be determined by a majority of votes of the members present at a meeting convened to resolve the dissolution or if no such resolution is passed, by such Court as aforesaid:

Provided that nothing contained in this section, shall apply to any body which has been established by the contributions of shareholders in the nature of Joint-stock Company.

S.13 "Member" defined

"Member" shall mean a person who, having been admitted in any society according to the rules thereof, has not resigned or has not been removed there from; but no member shall be entitled to vote whose subscription shall have been in arrear for a period exceeding three months.

S.14 "Managing Committee" defined

"Managing Committee" means a committee to whom by the rules of the society, the management of its affairs is entrusted.

S.15 Inspection of documents, their copies

Any person may inspect documents, pertaining to a society registered under this Act, filed in the office of the 1[Inspector-General of Registration and Stamps, Andhra Pradesh] on payment of a fee of one rupee or obtain certified copies thereof on payment of the fee prescribed by the said office. Such Certified copy shall be prima facie evidence of the matters therein contained in all judicial proceedings.