Andhra Pradesh Societies Registration Act 2001
In this Act, unless the context otherwise requires,
(a) 'Alter' and 'alteration' shall include the making of additions and supplying of Commissions;
(b) 'Bye-laws' means the bye-laws of a society;
(c) 'Committee' means the executive committee appointed under Section 14 or any person or body of persons to whom the management of the affairs of a society is entrusted by its bye-laws;
(d) 'Court' means in the cities of Hyderabad and Secunderabad, the City Civil Court, and elsewhere, the Principal Civil Court of original jurisdiction;
(e) 'Document' includes summons, notice, requisition, order, or other legal process, and registers, whether issued, sent or kept in pursuance of the provisions of this Act or of any other laws or otherwise;
(f) 'Financial Year'
(1) Any seven or more persons forming a society which has for its object the promotion of art, fine art, charity, crafts, religion, sports (excluding games of chance), literature, culture, science, political education, philosophy or diffusion of any knowledge or any public purpose may be registered under this Act.
(2) No society of which a firm, whether registered or not or an unincorporated association of individuals is a member shall be registered under this Act.
(3) Nothing contained in sub-section (2) shall preclude the registration under this Act of a society on the ground that a partner as defined in Section 4 of the Indian Partnership Act, 1932, (Central Act 9 of 1932) or a member of an unincorporated Association of individuals is, in his individual capacity, a member of the society.
(1) For the purposes of registration of a society there shall be filed with the Registrar of the district in which the registered office of the society is to be situated,
(a) a memorandum of association of the society which shall state,
(i) the name of the society;
(ii) the aims and objects of the society;
(iii) the names, addresses and occupations of the members of the committee; and
(b) the bye-laws of the society.
(2) The memorandum of association shall be signed by atleast seven members who are majors and who shall add their addresses, description and occupation if any, in the presence of atleast two witnesses who shall also be majors and who shall attest with their signatures and add their addresses, description and occupation, if any and the bye-laws shall be signed by the signatories to the memorandum of associat
(1) No society shall be registered by a name which contravenes the provisions of the Emblems and Names (Prevention of the Improper Use) Act, 1950 (Central Act 12 of 1950).
(2) (a) No society shall be registered in a District by a name, which is identical with that of another registered society in existence in the same District or so nearly resembling it so as to mislead except where the registered society in existence is in the course of being dissolved and signifies in writing its consent to such registration.
(b) Except with the previous sanction in writing of the Government, no society shall be registered by a name which contains any of the following words, namely:-
(i) "Co-operative" or "Land Development";
(ii) "Reserve Bank";
(iii) "Union" or "State" or any word expressing or implying the sanction, approval or patronage of the Central Go
(1) By a "Special Resolution" a society may alter the provisions of the memorandum with respect to,-
(a) change of objectives of the society;
(b) to amalgamate itself with any other society; or
(c) to divide itself into two or more societies.
(2) Subject to the provisions of this Act, and the conditions contained in its memorandum, a society may, by an ordinary resolution passed by not less than 1/2 (half) of the members present and voting alter its bye-laws.
(3) Any alteration of the memorandum of the society shall not be valid unless such alteration is registered under this Act.
(4) If any alteration of the memorandum is filed with the Registrar and if they are not contrary to the provisions of this Act, he shall register the same and shall certify the registration of such alteration under his hand and seal within thi
The bye-laws of a society shall contain provisions in respect of following matters:
(i) Identity of the society which includes name and address particulars of the society;
(ii) Activities of the society;
(iii) Membership of the society i.e., eligibility, admission, withdrawal and termination etc.,
(iv) General body which contains the manner of meetings to be held or convened, quorum, functions and responsibilities etc.,
(v) Office bearers and their appointment/election/removal/recall and their responsibilities etc.,
(vi) Finances which includes types of funds to be raised, appointment of auditors, liability of members for discharge of debts etc., and
(vii) other matters which cover the internal matters of settlement of internal disputes, dissolution of the society etc.
(1) This Act may be called the Andhra Pradesh Societies Registration Act, 2001.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date * as the Government may, by notification, in the Andhra Pradesh Gazette, appoint.
Every year the society shall, within fifteen days from the date on which the General Body meeting was held, furnish a list to the Registrar of Societies which shall contain the names and addresses of the members of the Managing Committee and Officers entrusted with the management of the affairs of the Society.
(1) A society shall, as from the day on which it begins functioning or as from the twenty-eighth day after the date of its registration whichever is earlier have a registered office at any place in the district in which it is registered and to which all communications and notices may be addressed. Notice of the location of the registered office and of every change therein shall be given within twenty-eight days after the date of its registration or after the date of the change, as the case may be, to the Registrar, who shall record the same in the certificate of registration.
(2) Any change of its registered office to a place outside the district in which it is registered, shall be intimated to the Registrars of both the Districts.
(3) Every society shall display its name outside its office premises in a conspicuous position in legible characters of the language in general use in that place.
Every society shall keep at its office, the, following accounts, records, and documents, namely:-
(a) a copy of this Act with up-to-date amendments incorporated;
(b) a copy of it's registered memorandum alongwith up-to-date bye-laws with amendments made from time to time;
(c) the minutes book;
(d) accounts of all sums of money received and expended by the society and their respective purposes;
(e) accounts of all purchases and sales of goods by the society;
(f) accounts of all assets and liabilities of the society;
(g) an up-to-date register and a list of all members with voting rights for the current year prepared within thirty days of the closure of the society's financial year;
(h) copies of the audit reports, and if any, and compliance reports thereon; and
Every society shall keep a register of members and enter therein the following particulars, namely:-
(a) the name and address and the occupation, if any, of each member;
(b) the date on which the name of each person was entered in the register as member;
(c) the date on which any person ceased to be a member; and
(d) the specimen signatures of the members.
(1) Any two or more societies may, by a special resolution of both or all such societies, and confirmed by a like resolution at a second meeting of both or all such societies, convened after an interval of one month after the first meeting, get amalgamated into one society with or without any dissolution or division of the funds of any of the societies with intimation to the Registrar.
(2) Any society may, by a special resolution divide itself into two or more societies. Such resolution shall contain proposals for the division of the assets and liabilities of the society among the new societies into which it is proposed to divide itself and may specify the area of operation of and the members, who will constitute each of the new societies.
(3) An amalgamation or division in pursuance of this section shall not prejudice any right of a creditor of any society which was a party to such amalgamation or division.
(1) The bye-laws of the society shall specify the frequency and the manner in which the meetings of the Committee and General Body shall be held, so however that the Committee shall meet atleast once in every three months and the General Body shall meet atleast once in a year.
(2) The Committee shall convene a General Body meeting within thirty days of receipt of a requisition for convening a meeting signed by atleast one third of the members of the society or as provided in the bye-laws and any such requisition shall contain the proposed agenda and the reasons for such meeting.
(3) Every society shall record in the minutes book, the minutes of all proceedings of every General Body meeting and also every meeting of its Committee.
(4) Such minutes shall be communicated to all the members invited for the meeting within thirty days of the conclusion of the meeting.
(5
A person shall be disqualified for appointment as a member of the Committee of a society under this Act if, on the date of such appointment, he is,_
(a) not a major;
(b) of unsound mind and stands so declared by a competent Court;
(c) an applicant to be adjudicated as an insolvent or is an undischarged insolvent;
(d) convicted of an offence involving moral turpitude or sentenced by a criminal court to a fine of not less than rupees one thousand or to imprisonment for a period of not less than six months; and
(e) disqualified for such appointment by an order of a Court.
(1) The Committee or any officer of the society authorised in this behalf by its bye-laws, may bring or defend any action or other legal proceeding touching or concerning any property or any right or claim of the society and may sue and to be sued in its name.
(2) Any action or legal proceeding shall not abate or be discontinued by the death; resignation or removal from office of any member of the society after the commencement of the proceeding.
Every society shall supply to every member a copy of the balance sheet or a statement of accounts together with the auditor's report at its annual general body meeting, if not supplied in advance.
The Register of members shall be kept open during the business hours subject to such reasonable restrictions as the bye-laws of the society may specify.
Every Society shall, deliver a copy of its Bye-laws, to each member of the society at the time of admission.
(1) A society may, by passing a special resolution, determine that it shall be dissolved of and thereupon, with prior intimation to the Registrar, it shall be dissolved at the time specified in the resolution and all the necessary steps shall be taken for the disposal and settlement of the property of the society, and its claims and liabilities according to the bye-laws, if any, of the society, and if there are no bye-laws to this effect in the manner as the General Body may find it expedient:
Provided that in the event of any dispute arising among the members of the Committee or the members of the society, the adjustment of its affairs shall be referred to the Court and the Court shall make such order in the matter including appointment of liquidator as it deems fit;
Provided further that if the Central Government or any State Government is a member of, or a contributory to any society registered under this A
(1) As soon as the affairs of a society are fully wound-up, the liquidator shall make an account of the winding-up showing how the winding-up has been conducted and the property of the society has been disposed of and call a general body meeting of the society for the purpose of placing before it the account and giving any explanation in respect thereof.
(2) Within one week after the meeting convened under sub-section (1), the liquidator shall be sent to the Registrar, a copy of the account and shall make a return to him of the holding of the meeting and of its date.
(1) Every society shall keep at its registered office, a register of mortgages and charges and enter therein all mortgages or charges affecting the property of the society and such other particulars of the mortgages or charges as may be specified in the bye-laws.
(2) The register of mortgages and charges kept in pursuance of sub-section (1) and copies of instruments creating mortgages or charges shall, subject to such reasonable restrictions as the society may impose, be kept at the registered office of the society and be open during business hours to the inspection of any members or creditor of the society without payment of any fee therefor.
If upon the dissolution of any society, there remains, after the satisfaction of all its debts and liabilities, any property, the same shall not be delivered to or distributed among the members of the said society or any of them, but shall be delivered to some other society, with a similar objective to be named by a special resolution, or in default thereof, by the Court:
Provided that this section shall not apply to any society which is founded or established by the contribution of shareholders in the nature of a Company.
In the event of any dispute arising among the Committee or the members of the society, in respect of any matter relating to the affairs of the society, any member of the society may proceed with the dispute under the provisions of the Arbitration and Conciliation Act, 1996, (Central Act 26 of 1996) or may file an application in the District Court concerned and the said Court shall after necessary inquiry pass such order as it may deem fit.
Orders made under Section 24 shall, on application, be enforced as follows:-
(a) when made by a liquidator, by any civil court having local jurisdiction in the same manner as a decree of such Court; and
(b) when made by the Court on appeal, in the same manner as a decree of that Court.
Where a Government is a member or is wholly or substantially financing a society it may place such terms and conditions on the society as are mutually agreed upon or through specific public policy notified by the Government for this purpose.
(1) The Government shall, from time to time, prepare a table of fees payable:
(a) for registration of Societies, which may include Mahila Mandals and Youth Associations;
(b) for filing or recording or registering any document required by this Act to be filed or recorded;
(c) for inspection of documents in the custody of the Registrar;
(d) for making or granting copies of reasons, entries or documents, before or after registration; and
(e) for such other matters appear to the Government necessary to give effect to the purposes of this Act.
(2) The table of fees so prepared shall be notified.
(3) All fees, charges and other sums paid to the Registrar or any officer of the Government in pursuance of this Act, shall be credited to the Government.
(1) The Societies Registration Act, 1860, (Central Act 21 of 1860) in its application to the Andhra Area of the State of Andhra Pradesh and the Andhra Pradesh (Telangana Area) Public Societies Registration Act, 1350 F (Act I of 1350 F) are hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Acts (including any order, rule, form regulation, certificate or bye-laws) in the exercise of any power conferred by or under the said Acts shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this Act was in force on the date on which such a thing was done or action taken.
If any difficulty arises in giving effect to the provisions of this Act, in the first five years from the date of commencement of this Act, the Government after previous publication, by order make such provisions not inconsistent with the purposes of this Act, as appear to them to be necessary or expedient for removing of the difficulty.
The Registrar-General shall have superintendence and control over all other Registrars functioning under this Act.
(1) Every society shall elect a Committee, consisting of not less than three members of the society, by a resolution passed by a majority of the members present and entitled to vote at an annual general body meeting of the society held under Section 20.
(2) The term of the Committee or of its members so elected shall be a period not exceeding six years as may be specified in the bye-laws:
Provided that a member who has completed a term as an elected member is eligible for re-election as a member of Committee, if the bye-laws so permit.
(3) Every society shall maintain a register showing the names, addresses and occupations of the persons, who are members of the Committee and shall file with the Registrar,
(i) a copy of the register within a period of fourteen days from the date of election of the members of the first Committee; and
(ii) a not
Section 14 of the Andhra Pradesh Societies Registration Act, 2001, lays down the powers and management structure of a registered society, emphasizing the role of the governing body and the manner of its management. It provides the legal framework for the management of societies, including their ability to own property, sue or be sued, and enter into contracts, ensuring their functional independence and legal capacity.
Section 14 states that:- The management of a society shall be entrusted to a Committee, as per its bye-laws.- The Committee shall be composed of members elected or nominated as per the bye-laws.- The society, through its Committee, shall have the authority to acquire, hold, and dispose of property.- The society can sue or be sued in its own name.- The society shall have perpetual succession and a common seal.- The powers to manage and administer the society are derived from the bye-laws.
Section 14 broadly provides for the management and legal capacity of societies registered under the Act. It applies to all registered societies, specifying that their management is governed by their bye-laws. It ensures that societies can function independently, own property, and participate in legal proceedings, thus giving them a corporate personality. The section also emphasizes that the society’s management is subject to the bye-laws, which must prescribe the procedure for the election or nomination of the managing committee.
While Section 14 itself does not specify penalties, violations such as unauthorized disposal of property, acting beyond the powers conferred by bye-laws, or mismanagement can attract penalties under other provisions of the Act or related laws. For example:- Misappropriation or illegal disposal of society property may lead to criminal proceedings under relevant sections.- Non-compliance with statutory provisions can result in penalties or deregistration.
In conclusion, Section 14 is a cornerstone provision that defines the management powers and legal capacity of societies registered under the Andhra Pradesh Societies Registration Act, 2001. It ensures that societies operate within a legal framework that promotes transparency, accountability, and continuity, while also providing mechanisms for dispute resolution and management oversight.
**- Andhra Pradesh Societies Registration Act, 2001, Section 14- Judicial pronouncements and legal commentaries on the management and legal capacity of societies [Various case laws and legal analyses]
(1) Where a society has complied with the provisions of the Act as to registration and on payment of such fees as may be notified under Section 29, the Registrar shall issue to that society a certificate of registration and such certificate shall be conclusive evidence that the society therein mentioned is duly registered.
(2) The Registrar shall, after the issue of a certificate of registration to a society enter in a register which may include a register maintained through an electronic device like computer, the particulars specified in the memorandum, of that society filed and such other particulars as may be notified.
(3) If the Registrar refuses to register a society, an appeal shall lie to the Registrar General within sixty days from the date of communication of the order of the Registrar refusing to register the society. Every such appeal shall be accompanied by a fee as may be notified by the Governmen
Section 7 of the Andhra Pradesh Societies Registration Act, 2001, governs the registration process of societies, establishing the formalities and procedural requirements for a society to be legally recognized under law. It forms the backbone of the registration mechanism, conferring legal personality and enabling societies to function within a statutory framework.
Section 7 provides that once a society complies with the provisions of the Act, including submitting the necessary documents and paying prescribed fees, the Registrar shall register the society and issue a registration certificate. It also lays down the conditions for registration, including the submission of the Memorandum of Association and Bye-laws, and the process for registration upon fulfillment of these conditions.
Section 7 applies to all societies intending to operate legally within Andhra Pradesh, whether for charitable, religious, social, or other public purposes. It ensures that only societies complying with statutory requirements are recognized, thereby regulating the formation and functioning of societies. It also provides a legal basis for the society’s capacity to sue, own property, and enter into contracts.
Section 7 itself does not prescribe specific punishments. However, non-compliance or false declarations during registration can attract penalties under other provisions of the Act or related laws, including penalties for submitting false documents or misrepresentations.
Registration as a Prerequisite - Registration under Section 7 confers legal personality upon societies, enabling them to sue and be sued, own property, and function legally [K. Subbaiah VS C. N. Krishnamacharlu].
Compliance with Procedural Requirements - Strict adherence to the filing of Memorandum, Bye-laws, and payment of fees is mandatory; failure to do so results in non-registration [K. Subbaiah VS C. N. Krishnamacharlu].
Role of Registrar - The Registrar’s duty is primarily administrative; registration is granted upon fulfillment of statutory conditions, and the Registrar’s refusal or delay must be justified by non-compliance or procedural lapses [K. Subbaiah VS C. N. Krishnamacharlu].
Effect of Registration - Once registered, the society becomes a separate legal entity with perpetual succession, capable of entering into contracts, owning property, and suing or being sued in its own name [K. Subbaiah VS C. N. Krishnamacharlu].
Amendments to Bye-laws - Changes to the bye-laws or memorandum require compliance with the procedure laid down in Section 8, and registration of amendments is essential for their validity [Raghavarao Polavarapu VS State of Andhra Pradesh].
Validity of Registration - Registration is a conclusive proof of existence and compliance, but can be challenged if the registration was obtained through fraud or misrepresentation [Raghavarao Polavarapu VS State of Andhra Pradesh].
Jurisdiction of Registrar - The Registrar’s powers are limited to registration and related incidental functions; they do not extend to judicial or quasi-judicial powers beyond registration [Raghavarao Polavarapu VS State of Andhra Pradesh].
Legal Consequences of Non-Registration - Societies not registered under Section 7 lack legal personality, restricting their ability to sue, own property, or operate legally [K. Subbaiah VS C. N. Krishnamacharlu].
Relation with Other Laws - Section 7 registration is fundamental but does not exempt societies from compliance with other applicable laws, such as the Income Tax Act, Labour Laws, etc. [K. Subbaiah VS C. N. Krishnamacharlu].
Procedural Fairness - The Registrar must follow principles of natural justice, including giving society an opportunity to be heard before registration or refusal [Raghavarao Polavarapu VS State of Andhra Pradesh].
Registration and Public Purpose - Societies registered under Section 7 for charitable or religious purposes are deemed to serve a public purpose, subject to compliance with the Act’s provisions [G. Sarojini vs Government of Telangana].
Instruments for Registration - The registration process involves the submission of a Memorandum of Association and Bye-laws, which must conform to the provisions of the Act and Rules [Ambati Ramaiah VS Government of Andhra Pradesh represented by its Secretary, Sports, Secretariat Buildings, Hyderabad].
Amendment of Bye-laws and Memorandum - Changes require filing and registration under Section 8, and only registered amendments have legal effect [Raghavarao Polavarapu VS State of Andhra Pradesh].
Legal Validity of Registration Certificates - The certificate issued under Section 7 is conclusive evidence of registration and the society’s legal existence [K. Subbaiah VS C. N. Krishnamacharlu].
Disputes and Registration - Disputes regarding registration or amendments are generally to be addressed through the Registrar or civil courts, as per provisions like Section 23 [Raghavarao Polavarapu VS State of Andhra Pradesh].
Penal Provisions for Fraudulent Registration - Submitting false documents or misrepresenting facts during registration can lead to penalties under the Act or IPC provisions [Raghavarao Polavarapu VS State of Andhra Pradesh].
Inapplicability of Civil Procedure - The registration process is primarily administrative; civil courts have limited jurisdiction unless challenged on grounds of fraud or procedural irregularities [K. Subbaiah VS C. N. Krishnamacharlu].
Legal Status Post-Registration - Registered societies enjoy a legal personality, enabling them to function as a corporate body for their stated objects [K. Subbaiah VS C. N. Krishnamacharlu].
Registration as a Fundamental Right - The right to form and register societies is recognized as part of the fundamental rights under Article 19(1)(c), subject to law [K. Subbaiah VS C. N. Krishnamacharlu].
Legal Comments- "Registration confers legal personality" - Societies registered under Section 7 can sue and own property; registration is essential for legal recognition [K. Subbaiah VS C. N. Krishnamacharlu].- "Compliance is mandatory" - Filing of Memorandum, Bye-laws, and fees are prerequisites; failure leads to non-registration [K. Subbaiah VS C. N. Krishnamacharlu].- "Registrar’s role is administrative" - The Registrar’s powers are limited to registration; no judicial powers are conferred by Section 7 [Raghavarao Polavarapu VS State of Andhra Pradesh].- "Registration is conclusive" - The certificate issued is proof of registration and compliance, but can be challenged on grounds of fraud [Raghavarao Polavarapu VS State of Andhra Pradesh].- "Amendments require registration" - Changes to bye-laws or memorandum are valid only after registration under Section 8 [Raghavarao Polavarapu VS State of Andhra Pradesh].- "Society’s legal capacity" - Once registered, society becomes a legal entity capable of contracting, owning property, and litigating [K. Subbaiah VS C. N. Krishnamacharlu].- "Disputes are to be resolved through statutory mechanisms" - Section 23 provides the procedural remedy for disputes regarding management or amendments [Raghavarao Polavarapu VS State of Andhra Pradesh].- "Penalties for fraudulent registration" - Submitting false documents or misrepresentations can lead to penalties under the Act [Raghavarao Polavarapu VS State of Andhra Pradesh].- "Constitutional protection" - The right to form and register societies is protected under Article 19(1)(c), but subject to law [K. Subbaiah VS C. N. Krishnamacharlu].- "Procedural fairness" - The Registrar must follow natural justice, including giving an opportunity to be heard [Raghavarao Polavarapu VS State of Andhra Pradesh].
This concise legal commentary highlights the core legal provisions, scope, and judicial interpretations related to Section 7 of the Andhra Pradesh Societies Registration Act, 2001, supported by relevant case law and legal principles.
The registration of society shall render it a body corporate by the name under which it is registered having perpetual succession and a common seal. The society shall be entitled to acquire, hold and dispose of property, to enter into contracts, to institute and defend suits and other legal proceedings and to do all other things necessary for the furtherance of the aim for which it was constituted.
Section 18 of the Andhra Pradesh Societies Registration Act, 2001, confers powers on the Registrar of Societies regarding the classification, registration, and management of societies. It plays a crucial role in delineating the scope of the Registrar's authority to classify societies based on their objects, area of operation, membership, and other criteria, thereby influencing the governance and administrative control of societies within the state.
Section 18 mandates that the Registrar shall classify societies according to rules, with reference to their objects, area of operation, membership, or other specified matters. It provides a framework for the categorization of societies, including types such as primary societies, district-level societies, and others, as per the rules framed under the Act.
In conclusion, Section 18 of the Andhra Pradesh Societies Registration Act, 2001, is a vital provision conferring authority on the Registrar to classify societies, thereby shaping their legal and administrative framework. Its proper exercise ensures transparent governance, adherence to constitutional principles, and effective dispute resolution, while misuse or overreach can be challenged in courts to uphold rule of law.
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