The Societies Registration (Goa, Daman and Diu First Amendment) Act, 1979

Act No. 6 of 1979

20th September 1979

AN ACT to amend the Societies Registration Act, 1860 in its application to the Union territory of Goa, Daman and Diu.

Read full Act

S.1 Short title extent and commencement

(1) This Act may be called the Societies Registration (Goa, Daman and Diu First Amendment) Act, 1979.

(2) It extends to the whole of the Union territory of Goa, Daman and Diu.

(3) It shall come into force at once.

S.2 Amendment of section 1

In the Societies Registration Act, 1860 (Central Act 21 of 1860) (hereinafter referred to as the principal Act), the existing section 1 shall be re-numbered as section 1A and;

(i) before section 1A as so re-numbered, the following section shall be inserted, namely:

“1. Definitions.— In this Act, unless the context otherwise requires,—

• (a) “Inspector-General” means the Inspector-General of Registration appointed under section 3 of the Indian Registration Act, 1908 (Central Act 16 of 1908), and includes any of the District Authorities subordinate to the Inspector-General of Registration not below the rank of a District Registrar to whom powers may be delegated in respect of this Act;
• (b) “notification” means notification published in the Official Gazette;
• (c) “prescribed” means prescribed by rules made under this Act;
• (d) “Registration of Societies Order” means the Registration of Societies Order, issued by the Lieutenant Governor
  

S.3 Amendment of section 3

In section 3 of the principal Act,—

• (i) for the words “the Registrar shall certify”, the words “the Inspector-General shall, subject to the provisions of section 3A, certify” shall be substituted;
• (ii) for the words “the Registrar for”, the words “the Inspector-General for” shall be substituted.

S.4 Insertion of new sections 3A, 3B & 3C

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

“3A. Prohibition against registration of societies with undesirable names.— No society shall be registered by a name which, in the opinion of the Inspector-General, is undesirable, being a name which is identical with, or which in the opinion of the Inspector-General so nearly resembles the name by which any other existing society has been previously registered as to be likely to deceive the public or members of either society, or which is being used without the previous permission of the Government concerned, and which suggests or is calculated to suggest the patronage of any Government or connection with any body constituted by any Government or local authority, or which may, subject to any rules made in this behalf, be deemed to be undesirable by the Inspector-General.

Provided that no order shall be passed under section 3A unless the party against whom such order is proposed to

S.5 Amendment of section 4

In section 4 of the principal Act, for the words “the Registrar of Joint Stock Companies”, the words “the Inspector-General” shall be substituted.

S.6 Insertion of new section 4A

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

“4A. Power of Inspector-General to call for information or returns from governing body of society and provisions relating thereto.— (1) The Inspector-General may serve or cause to be served, on the governing body entrusted with the management of the affairs of any society registered under this Act, a notice requiring it to furnish in such manner as may be prescribed, information or returns relating to persons employed by the society, their conditions of employment (including their emoluments, any contributions, concessions or other benefits and amenities provided for employees) and such other matters relating thereto, as may be prescribed.

(2) The form in which such information or returns shall be furnished, the particulars which they shall contain and the intervals (if any) in which such information or returns shall be furnished, shall be such as may be prescribed.

(3) The no

S.7 Insertion of new sections 11A, 11B, and 11C

After section 11 of the principal Act, the following sections shall be inserted, namely:—

“11A. Penalty for contravening section 4A.—If the governing body entrusted with the management of the affairs of any society registered under this Act required to furnish any information or returns—

• (i) wilfully refuses or without lawful excuse neglects to furnish such information or returns as may be required under section 4A; or
• (ii) wilfully furnishes or causes to be furnished any information or returns which it knows to be false; or
• (iii) refuses to answer or, willfully gives a false answer to any question necessary for obtaining any information required to be furnished under section 4A,

such governing body shall, for each such offence, on conviction, be punished with fine which may extend to fifty rupees.

11B. Penalty for improper disclosure of information or return.—If the Inspector-General or any person duly authorized by him in

S.8 Amendment of section 12

In section 12 of the principal Act, after the words “either wholly or partially with any other society” the words “or to change the name of the society” shall be inserted.

S.9 Insertion of sections 12A, 12B, 12C and 12D

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

“12A. Registration of change of name.—(1) Where a proposition for change of name of a society has been agreed to and confirmed in the manner specified in section 12, a copy of the proposition so agreed to and confirmed shall be forwarded to the Inspector-General for registering the change of name.

(2) If the proposed change of name is in his opinion undesirable for any of the reasons mentioned in section 3A, the Inspector-General shall refuse to register the change of name.

(3) Save as provided in sub-section (2), the Inspector-General shall, if he is satisfied that the provisions of the Act in respect of the change of name have been complied with, register the change of name and issue a certificate of registration altered to meet the circumstances of the case and on the issue of such a certificate, the change of name shall be complete.

(4) The Inspector-General shal

S.10 Insertion of new section 14A

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

"14A. 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 dissolution of such society that any property whatsoever remaining after the satisfaction of all its debts and liabilities shall be given to Government to be utilized for any of the purposes referred to in section 1A.".

S.11 Amendment of section 17

In section 17 of the principal Act, —

• (1) for the words and figures “Act 43 of 1850”, wherever they occur, the words, “the Registration of Societies Order” shall be substituted.
• (ii) for the words “passing of this Act” the words “commencement of this Act in this Union territory” shall be substituted.

S.12 Amendment of section 18

In section 18 of the principal Act, for the words “the Registrar of Joint Stock Companies”,— The words “the Inspector-General” shall be substituted.

S.13 Amendment of section 19

In section 19 of the principal Act.—

• (i) for the words “Any persons may inspect”, the words “Except as otherwise provided by section 4A, any person may inspect” shall be substituted;
• (ii) for the words “The Registrar”, the words “the Inspector-General” shall be substituted;
• (iii) for the words “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”, the words “or may require the Inspector-General to give him a certified copy or extract of any document or any part thereof on payment of such fee as the Government or any officer authorized by it may by notification in the Official Gazette fix in that behalf” shall be substituted.

S.14 Insertion of new sections 20A, 20B, 20C, 20D & 20E

2[“20A. Investigation of affairs of society.— (1) Where, on information received under section 4A or otherwise, or in circumstances referred to in section 12D, the Inspector-General is of the opinion that there is apprehension that the affairs of the 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 Inspector-General 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 Inspector-General or other person appointed under sub-section (1), to produce any books of accounts or other records of or relating to

S.15 Insertion of new section 21

After section 20 of the principal Act, the following section shall be inserted, namely:—

“21. Powers to make rule.— (1) The Government may, subject to the condition of previous publication, make rules for carrying out the purposes of this Act.

(2) Every rule made under this section shall be laid as soon as may be after it is made, before the Legislative Assembly of Goa, Daman and Diu, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the sessions immediately following the session or the successive sessions aforesaid; the Assembly agrees in making any modification in any such rule or the Assembly agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously don