TAMIL NADU SOCIETIES REGISTRATION ACT, 1975
(1) This Act may be called the Tamil Nadu Societies Registration Act, 1975.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall come into force on such date as the Government may, by notification, appoint and different dates may be appointed for different areas and for different provisions of this Act:
Provided that any reference in any such provision to the commencement of this Act shall, in relation to any area, be construed as a reference to the coming into force of that provision in such area.
In this Act, unless the context otherwise requires--
(a) "committee" means the governing body of a registered society to whom the management of its affairs is entrusted;
(b) "court" means in the Presidency town, the Madras City Civil Court and elsewhere, the District Court;
(c) "district" means the district formed under section 5 of the Registration Act, 1908 (Central Act XVI of 1908);
(d) "financial year" means the period of twelve months for which the accounts of a registered society are required to be made up by the bye-laws of the registered society and if the bye-laws do not so provide, the period of twelve months ending with the thirty-first day of March each year;
(e) "Government" means the State G
(1) Subject to the provisions of sub-section (2), any society which has for its object the promotion of education, literature, science, religion, charity, social reform, art, crafts, cottage industries, athletics, sports (including indoor games), recreation, public health, social service, cultural activities, the diffusion of useful knowledge or such other useful object with respect to which the State Legislature has power to make laws for the State, which may be prescribed, may be registered under this Act.
(2) Notwithstanding anything contained in sub-section (1) no association which has for its object the improvement of the economic condition of workmen, no club where games of chance providing prizes for winners are played and no society which does not consist of at least seven persons shall be registered under this Act.
(1) Subject to the provisions of sub-sections (3) and (4), every society formed on or after the date of the commencement of this Act, which has for its object any object mentioned in, or prescribed under section 3, and
(a) which consists of not less than twenty members; or
(b) whose annual gross income or expenditure in any financial year after the date of the commencement of this Act, is not less than ten thousand rupees, shall be registered under this Act within such period as may be prescribed.
(2) Every society in existence on the date of commencement of this Act, which has for its object any object mentioned in, or prescribed under section 3 and which has not been registered under the Societies Registration Act, 1860 (Central Act XXI of 1860), or under any law corresponding to this Act in
Any society which has for its object--
(a) the promotion of religion, atheletics or sports (including indoor games); or
(b) any other object mentioned in, or prescribed under section 3 and to which society the provisions of section 4 are not applicable, may at its option, be registered under this Act.
For the purpose of registration of a society, there shall be filed with the Registrar of the district in which the society is formed by a member of the committee of the society or by any person duly authorized by the committee in this behalf--
(1) a memorandum specifying --
(a) the name of the society;
(b) the objects of the society; and
(c) the names, addresses and occupations of the members of the committee; and
(2) the bye-laws of the society.
(1) The memorandum and the bye-laws of the society shall be printed or typewritten.
(2) The memorandum shall be signed by at least seven members who shall add their addresses and occupation in the presence of at least one witness who shall attest the signatures.
(3) The bye-laws shall be signed by the signatories to the memorandum.
The bye-laws shall contain provisions in respect of such matters as may be prescribed.
(1) No society shall be registered by a name which, in the opinion of the Registrar, is undesirable.
Explanation.-- For the purposes, of this sub-section, the name of a society shall be deemed to be undesirable, if such name is --
(a) obscene or against decency and decorum; or
(b) Likely to promote disharmony or feelings of enmity, or hatred or ill-will between different religious, recital, language, or regional groups or castes or communities ; or
(c) identical with, or so nearly resembles, the name by which a society in existence has been previously registered.
(2) Except with the previous sanction in writing of the Government, no society shall be registered by a name which contains any of the following
(1) The Registrar, on being satisfied that a society has complied with the provisions of this Act, and the rules made thereunder as to registration, shall issue to that society a certificate of registration and such certificate shall be conclusive evidence that the society therein mentioned is duly registered, unless it is proved that the registration of the society has been cancelled.
(2) The Registrar shall, after the issue of a certificate of registration to a society, enter in a register prescribed in that behalf such particulars as may be prescribed.
(1) Any registered society may, by special resolution and with the approval in writing of the Registrar, change its name:
Provided that if a society, through inadvertance or otherwise, is registered by a name, identical with that by which a society in existence is previously registered or so nearly resembling it as to be calculated to deceive, the first mentioned society may, with the approval in writing of the Registrar, change its name.
(2) Where a registered society changes its name as aforesaid, the Registrar shall enter the new name in the register in the place of the former name, and shall issue a fresh certificate or registration with the necessary alterations embodied therein; and the change of name shall be complete and effective only on the issue of such certificate. The Registrar shall also make the necessary amendment in the
(1) A Registered society may, by special resolution, amend the provision of its memorandum relating to the objects of the registered society so far as may be required to enable it--
(a) to carry on the administration of the registered society more economically or more efficiently; or
(b) to attain its main purpose by new or improved means; or
(c) to amalgamate with any other registered society; or
(d) to divide itself into two or more societies.
(2) A registered society may, by special resolution, amend its bye-laws.
(3) An amendment of the memorandum or the bye-laws shall be registered and on such registration shall take effect from the date of the passing of
Every registered society shall--
(1) have a registered office to which all communications and notices may be addressed and shall file with the Registrar notice of situation of such office and of any change thereof within such period as may be prescribed after the date of the registration of the society or after the date of change, as the case may be;
(2) keep displayed on the outside of its registered office its name in a conspicuous position, in legible characters and, if the characters employed therefor are not those of Tamil, also in the characters of Tamil.
(1) Every registered society shall maintain a register containing the names, addresses and occupations of its members.
(2) The register of members shall, during business hours, be open to the inspection of any member free of charge and any member may make extracts therefrom.
Section 14 of the Tamil Nadu Societies Registration Act, 1975, mandates societies to maintain a register of their members, ensuring transparency, accountability, and proper management of societies. This provision is fundamental in establishing the legal identity and operational transparency of societies registered under the Act.
In summary, Section 14 of the Tamil Nadu Societies Registration Act, 1975, is a vital provision ensuring transparency, accountability, and legal recognition of societies through the proper maintenance and inspection of the register of members. Non-compliance can lead to serious legal consequences, including penalties, deregistration, and challenges to the society's legitimacy in legal disputes.
(1) Every registered society shall have a committee of not less than three members to manage its affairs. Every registered society shall file with the Registrar a copy of the register maintained by it under sub-section (1) of Section 14 and from time to time, file with the Registrar notice of any change among the members of the committee.
(2) A copy of the register shall be filed either at the time of the registration of the society or within such period as may be prescribed from the appointment of the members of the first committee and the notice of any change among the members of the society or of the committee shall be filed within such period as may be prescribed from the date of such change.
(3) The members of the committee shall be appointed at a meeting of the society by a resolution of a majority of the members present and entitl
(1) Every registered society shall keep proper books of accounts and at the expiration of each financial year, prepare a receipt and expenditure account and a balance sheet and shall cause them to be audited by an auditor or by two or more members of the registered society (not being members of the committee), appointed by the registered society and possessing the prescribed qualifications.
(2) The auditor or the members appointed under sub-section (1) shall have access to all the books and accounts of the registered society, and shall examine the receipts and expenditure account and the balance sheet and verify them with the accounts and vouchers relating thereto, and shall either sign them as found by him or them to be correct, duly vouched, and in accordance with law, or specially report to the registered society in what respects he finds or they find them to be incorrect, unvou
Every registered society shall supply to any member, on application and on payment of such fee as may be prescribed, a copy of--
(i) its bye-laws;
(ii) the receipts and expenditure account; and
(iii) the balance sheet.
All property, movable and immovable, belonging to a registered society, whether acquired before or after its registration, if not vested in trustees, shall vest in the committee; and any such property may in any legal proceeding, be referred to as the property of the committee.
The Tamil Nadu Societies Registration Act, 1975, provides a legal framework for the registration and governance of societies in Tamil Nadu. Section 18 specifically addresses the vesting of property within registered societies, outlining how assets are to be managed and the implications for trustees.
Section 18 of the Tamil Nadu Societies Registration Act, 1975, stipulates that all property, movable and immovable, belonging to a registered society, whether acquired before or after its registration, shall vest in the society. If the property is not vested in trustees, it remains under the control of the society itself.
The scope of Section 18 is significant as it clarifies the ownership and management of properties belonging to societies. It ensures that the properties are managed in accordance with the society's objectives and the provisions of the Act, thereby preventing misuse or mismanagement by individuals or unauthorized entities.
While Section 18 itself does not prescribe specific punishments, violations of the provisions related to property management and trusteeship may lead to legal consequences under other sections of the Act or general civil law.
This commentary provides a comprehensive overview of Section 18 of the Tamil Nadu Societies Registration Act, 1975, highlighting its significance in the governance and management of registered societies.
Any member of a registered society who steals, purloins or embezzles any money or other property, or wilfully and maliciously destroys or injures any property of the registered society or forges any deed, bond, security for money, receipt or other instrument whereby the funds of the registered 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 who is not a member would be subject and liable to in respect of the like offence.
(1) The committee or any officer of the registered society authorised in this behalf by its bye-laws may bring or defend or cause to be brought or defended any action or other legal proceeding touching or concerning any property, right or claim of the registered society and may sue or be sued in respect of any such property, right or claim.
(2) Any action or other legal proceeding shall not abate or be discontinued by the death, resignation or removal from office of any officer of the registered society.
(1) If a Judgment is passed against any officer referred to in sub-section 1 of section 20, such judgment shall not be enforced against the property, movable or immovable, or against the body, of such officer, but against the property of the registered society.
(2) The application for execution shall set forth the judgment the fact of the party against whom it shall have been passed having sued or having been sue, as the case may be, on behalf of the registered society only, and shall require to have the judgment enforced against the property of the registered society.
Where any by-law of a registered society provides for the imposition of any pecuniary penalty for any breach thereof, such penalty, when accrued, may be recovered by suit filed in the court having jurisdiction where the defendant resides or the registered office of the registered society is situate.
(1) Any member of a registered society who is in arrear of any subscription which according to the bye-laws of the registered society he is bound to pay, or who is in possession of, or detains, any property of the registered society in a manner or for a time contrary to such bye-laws or injures or destroys any property of the registered society, may be sued for such arrear or for the damage accruing from such possession, detention, injury or destruction of property in the manner provided in this Act.
(2) Where the defendant succeeds in any such suit or other proceeding brought against him at the instance of the registered society and is adjudged to recover his costs, the provisions of section 21 shall apply to such judgment.
A registered society may, to such extent and under such conditions as may be permitted by its bye-laws, from time to time, invest or deposit any portion of its funds not immediately required,--
(1) upon immovable properties; or
(2) in securities of the Government or in National Savings Certificates or other securities of the Government of India; or
(3) in the Post Office Savings Bank Account; or
(4) in a special account opened by the registered society for the purpose in a --
(a) corresponding new bank as defined in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act 5 of 1970); or
(b) society registered or deemed to be regis
(1) A registered society shall have power to spend out of its funds such sums as it thinks fit on purposes authorised by this Act or its bye-laws.
(2) No part of the funds of a registered society (save those funds ear-marked specifically for the purpose of making provision for a dependent of a deceased or disabled member) shall be divided by way of bonus or dividend or otherwise among its members :
Provided that payment may be made from such ear-marked funds to a dependant of a deceased or disabled member of a registered society, subject to such limits, if any, prescribed by the bye-laws.
Explanation.-- For the purpose of this sub-section --
(i) the expression "dependant" means any of the following relatives of a deceased or disabled member, namely,
(1) At least one general meeting of the registered society shall be held in every financial year.
(2) Notice of every such general meeting shall be given by the registered society to its members within such period as may be prescribed before the day appointed for the meeting.
(3) The notice shall specify the day, hour and place and the object of the meeting and, in case any amendment of a bye-law or objects of association as contained in the memorandum is intended to be proposed, shall contain a copy of every such amendment.
(4) The Registrar may nominate an officer subordinate to him to he present at any such general meeting.
The Tamil Nadu Societies Registration Act, 1975, provides a legal framework for the registration and governance of societies in Tamil Nadu. Section 26 specifically addresses the requirements for conducting annual general meetings (AGMs) of registered societies, ensuring transparency and adherence to procedural norms.
Section 26 mandates that:1. At least one general meeting of the registered society must be held every financial year.2. Notice of the meeting must be given to members within a prescribed period before the meeting.3. The notice must specify the day, hour, place, and object of the meeting, including any proposed amendments to the bye-laws.4. The Registrar may nominate an officer to attend the meeting.
Section 26 applies to all registered societies in Tamil Nadu, ensuring that they conduct their affairs in a structured manner. It establishes the legal basis for the validity of meetings and decisions made therein, emphasizing the importance of compliance with procedural requirements.
While Section 26 itself does not specify penalties, non-compliance with the provisions of the Act can lead to legal challenges regarding the validity of meetings and decisions taken, as well as potential penalties under other sections of the Act.
A copy of every special resolution for any of the purposes mentioned in this Act, signed by an officer of the registered society, authorised in this behalf by its bye-laws shall, within such period, as may be prescribed from the passing of the resolution, be filed with the Registrar.
(1) The Committee may at any lime call an extraordinary general meeting of the registered society and shall call such a meeting within such period as may be prescribed after receipt of a requisition in writing from such number of members of proportion of the total number of member as may be specified in the bye-laws of the registered society.
(2) If an extraordinary general meeting is not called in accordance with such requistion, the requisitionists shall have power to call such meeting themselves.
(3) No extraordinary general meeting shall be deemed to have been duly called if the members of the registered society have not been given such notice thereof as is required by sub-sections (2) and (3) of section 26.
(1) Every registered society shall cause minutes of all proceedings of its general meetings, and of its committee to be entered in books kept for the purpose.
(2) Any such minute, if purporting to be signed by the Chairman of the meeting at which the proceedings were held or by the chairman of the next succeeding meeting, shall be evidence of the proceedings.
(3) The books containing the minutes aforesaid and the books of account of the registered society shall be kept at the registered office of the society and shall, during business hours be open to the inspection of any member free of charge.
(1) Any two or more registered societies may with the prior approval of the Registrar, by special resolution of both or all such registered societies, become amalgamated together as one society, with or without any dissolution or-division of the funds of those registered societies or any of them.
(2) Any registered society may with the prior approval of the Registrar, by special resolution, divide itself into two or more societies. The resolution shall contain proposals for the division of the assets and liabilities of the registered society among the new societies into which it is proposed to divide it and may specify the area of operation of, and the members whom will constitute, each of the new societies.
(3) No amalgamation or division of a registered society under sub-section (1) or sub-section (2), as the case may be, shall have an
An amalgamation or division in pursuance of section 30 shall not prejudice any right of a creditor of any registered society which was a party to such amalgamation or of the registered society which was the subject of such division.
(1) Every mortgage or charge created on or after the date of the commencement of this Act by a registered society and being either --
(a) a mortgage or charge for the purpose of securing any issue of debentures; or
(b) a mortgage or charge on any immovable property wherever situate, or any interest therein,
shall, so far as any security on the registered societys property or undertaking is hereby conferred, be void against the liquidator and any creditor of the registered society, unless the prescribed particulars of the mortgage or charge, together with the instrument, if any, by which the mortgage or charge is created of evidenced or a copy thereof verified in the prescribed manner, are filed with the Registrar for registration within such period as may be prescribed after the date of its cr
It shall be the duty of every registered society to file with the Registrar notice of the final payment or full satisfaction of any mortgage or charge requiring registration under section 32 within such period as may be prescribed from the date of the payment or satisfaction.
(1) Where the Registrar, on perusal of any document which a registered society is required to file with him under the provisions of this Act, is of opinion that any information or explanation is necessary with respect to any matter to which such document purports to relate, he may, by order in writing, call on the registered society filing the document to furnish in writing such information or explanation within such time as he may specify in the order.
(2) On receipt by the registered society of an order under sub-section (1), it shall be the duty of all persons who are or have been its officers to furnish such information or explanation to the best of their power.
(3) On receipt of such information or explanation, the Registrar, may annex the same to the original document filed with him and any additional document so annexed by the Reg
1 [34-A. Supersession ofcommittee
(1) (a) If, in the opinion of the Government,--
(i) the committee of any registered society is not functioning properly, or
(ii) the affairs of any registered society arc mismanaged, or
(iii) the registered societys activities are not in furtherance of the objects of the society, or
(iv) the committee of any registered society has contravened any of the provisions of this Act or the rules made thereunder, or wilfully disobeys or wilfully fails to comply with any lawful order or direction issued under the provisions of this Act or the rules made thereunder, the Government may, after giving the committee an opportunity of making its representations, by order in writing, sup
The Tamil Nadu Societies Registration Act, 1975 (hereinafter "the Act") serves as the primary legislative framework regulating the registration, management, and dissolution of non-governmental organizations in Tamil Nadu. While the Registrar of Societies possesses limited ministerial powers for record-keeping, the Act envisages a robust mechanism for the State Government to intervene in cases of mismanagement or irregular functioning. Section 34 acts as the linchpin for this intervention, specifically empowering the Government to supersede a society's committee and appoint a Special Officer to manage the affairs temporarily. Judicial interpretation has consistently clarified that while the Registrar conducts inquiries (Section 36), the final decision to supersede and appoint an administrator lies exclusively with the Government to safeguard the interests of the members and the society's assets.
Section 34 of the Tamil Nadu Societies Registration Act, 1975, specifically Sub-section (1)(a), confers upon the Government the discretionary power to supersede the committee of any registered society under four specific contingencies:1. If the Committee is not functioning properly.2. If the affairs of the society are mismanaged.3. If the society's activities are not in furtherance of its objects.4. If the Committee has contravened the Act/Rules or willfully disobeyed lawful orders.
Upon satisfaction of any of these grounds, the Government may, after giving the committee an opportunity of making representations, issue an order in writing to supersede the committee and appoint a person (the Special Officer) to manage the affairs for a specified period not exceeding one year. The period can be extended at the Government's discretion but cannot remain in force for more than three years in the aggregate. The Special Officer exercises the powers of the committee subject to the control of the Registrar. [ ["K. P. Sivasubramaniam VS Victoria Technical Institute"] ["Honarary Secretary Samyukta Gowda Saraswata Sabha Vs N.s.balachandar"] ["Yadhavar Kalvi Nithi Registered Society, Represented by its Secretary, K. P. Navaneetha Krishnan VS State of Tamil Nadu Represented by its Secretary, Department of Higher Education"]]
To validly invoke Section 34, the following legal essentials must be satisfied as per judicial precedents:* State Satisfaction: The power lies solely with the Government, not the Registrar or any other authority; the decision must be based on the Government's own satisfaction that one of the statutory grounds exists. [ ["S. Perumal VS Inspector General of Registration"] ["Honarary Secretary Samyukta Gowda Saraswata Sabha Vs N.s.balachandar"] ]* Opportunity of Hearing: Before passing the order of supersession, the Government must give the committee an opportunity of making their representations. Failure to provide this notice renders the order procedurally illegal. [ ["S. Thangaraj VS Inspector General of Registration, Chennai"] ["Victoria Edward Hall(Reg No. 16/1907-08), Through its Honorary secretary, I. Ismail VS Principal Secretary, The State of Tamil Nadu, Department of Commercial Taxes and Registration, Chennai"]]* Proper Notice and Service: A valid show-cause notice must be served to the society/committee members. Incorrect addressing or non-service of this notice constitutes a violation of Natural Justice. [ ["Victoria Edward Hall(Reg No. 16/1907-08), Through its Honorary secretary, I. Ismail VS Principal Secretary, The State of Tamil Nadu, Department of Commercial Taxes and Registration, Chennai"]]* Limitation on Tenure: The appointment is temporary. The initial term is capped at one year, and the total tenure including extensions cannot exceed three years. [ ["K. P. Sivasubramaniam VS Victoria Technical Institute"] ["Honarary Secretary Samyukta Gowda Saraswata Sabha Vs N.s.balachandar"]]* Factors Influencing Decision: Courts examine whether the Government has acted independently or merely relied on subordinate reports, ensuring that the order is not tainted by mala fides or misuse of power. [ ["Victoria Edward Hall(Reg No. 16/1907-08), Through its Honorary secretary, I. Ismail VS Principal Secretary, The State of Tamil Nadu, Department of Commercial Taxes and Registration, Chennai"]]
The scope of Section 34 is extensive in terms of intervention but restricted in terms of legislative intent:* Preservation of Democracy: The section is not a tool to resolve internal partisan disputes or election battlegrounds; such disputes are the province of the Civil Court. [ ["K. P. Sivasubramaniam VS Victoria Technical Institute"] ["Theni Melapettai Hindu Nadarkal Uravinmurai (Regn. No. 37/1975), No. 1100, Periyakulam Road, Theni & District-625 531, rep. by its General Secretary, I. C. Murugesan VS l. The District Registrar (Societies), Periyakulam,Theni District. 2. The District Educational Officer, Periyakulam,Theni District. 3. K. Thirupathy"] [". VS . "]]* Limited Powers of Special Officer: The Special Officer manages affairs and can exercise the functions of the committee but cannot unilaterally alter the objects of the society, change its composition, or enroll new members, as this would disturb the democratic set-up. [ ["Yadhavar Kalvi Nithi Registered Society Represented by its Secretary K. P. Navaneetha Krishnan VS State of Tamil Nadu Represented by its Secretary Department of Higher Education"] ["N. Kannan VS Yadhavar Kalvi Nidhi, A Registered Society Running Yadhava College & Yadhava College of Education, Represented by the Hon'ble Court appointed Administrator, Madurai"] ]* Non-Retroactivity: Provisions requiring special resolutions for winding up introduced after a society has been struck off cannot apply retrospectively under Section 34. [ ["0210013796"] ["Prof. M. Ponnambalam VS State of Tamil Nadu, Rep. by the Secretary to Government, Chennai"]]* Injunctions: Pending adjudication of membership status in a Civil Court, the Registrar lacks jurisdiction under Section 34 to initiate inquiries that might prejudice the outcome. [ ["Ramalingam & Others VS The Inspector General of Registration, Registration Department, Chennai-28 & Others"] ["K. P. Sivasubramaniam VS Victoria Technical Institute"]]* Educational Agencies: In the context of aided schools, the power to take over management under Section 34 is distinct from but complementary to suspension orders under the Tamil Nadu Private Colleges (Regulation) Act. [ ["Yadhavar Kalvi Nithi Registered Society, Represented by its Secretary, K. P. Navaneetha Krishnan VS State of Tamil Nadu Represented by its Secretary, Department of Higher Education"] ["Yadhavar Kalvi Nithi Registered Society Represented by its Secretary K. P. Navaneetha Krishnan VS State of Tamil Nadu Represented by its Secretary Department of Higher Education"]]
The Act does not prescribe a specific "punishment" (fine or imprisonment) for the committee under Section 34 itself. Instead, the consequence is the supercession of the committee's powers and the appointment of a representative to lead the society.* Consequences: The committee ceases to function legally; all functions devolve to the Special Officer. The assets of the society remain intact, and the Special Officer is responsible for managing them. [ ["Honarary Secretary Samyukta Gowda Saraswata Sabha Vs N.s.balachandar"] ["The Madras Medical Mission & Others VS State of Tamil Nadu represented by its Chief Secretary to Government & Others"]]* Liability of General Body vs. Committee: The section targets the committee specifically. If the Special Officer usurps powers beyond the statute (e.g., enrolling new members), they may face challenges in Civil Court, but the section itself acts as a administrative remedy rather than a penal one. [ ["The Madras Medical Mission & Others VS State of Tamil Nadu represented by its Chief Secretary to Government & Others"] ["N. Kannan VS Yadhavar Kalvi Nidhi, A Registered Society Running Yadhava College & Yadhava College of Education, Represented by the Hon'ble Court appointed Administrator, Madurai"]]* Mala Fide Action: If the Government exercises this power with arbitrary or mala fide intentions (e.g., using State machinery to dislodge a specific group without evidence), such actions can be challenged under Article 14 and 19(1)(c) of the Constitution. [ ["The Madras Medical Mission & Others VS State of Tamil Nadu represented by its Chief Secretary to Government & Others"] ["н3361"]]
(Note: All legal comments derived strictly from the provided source material [0-02100157835] and sources.)
(1) Where the committee of a registered society is superseded and a special officer is appointed under section 34-A and such special officer is resisted in, or prevented from, obtaining possession of the books, accounts, documents, securities, cash and other properties, whether movable or immovable, of the society (hereafter in this section referred to as the records and properties of the society) by the committee which has been superseded, or by any person who is not entitled to be in possession of the records and properties of the society, any Metropolitan Magistrate or any District Munsif-cum-Judicial Magistrate, exercising the powers of a Judicial Magistrate of the first class in whose jurisdiction the office of the society or the records and properties of that society is, or are, situated shall, on application by the special officer and on the production of the order made under section 34-A and of a certificate by the Re
The books of every registered society shall, at all reasonable hours be open to inspection by the Registrar, or by any person authorised by him in this behalf.
(1) The Registrar may, of his own motion or on the application of a majority of the members of the committee of a registered society or on the application of not less than one-third of the members of that registered society, or, if so moved by the District Collector hold or direct some person authorised by the Registrar by order in writing in this behalf to hold, an inquiry, into the constitution, working and financial condition of that registered society.
(2) An application to the Registrar under sub-section (2) shall be supported by such evidence as the Registrar may require for the purpose of showing that the applicants have good reason for applying for an inquiry.
(3) The Registrar may require the applicants under sub-section (1) to furnish such security as he thinks fit for the costs of the proposed inquiry, before the inquiry is he
Section 36 of the Tamil Nadu Societies Registration Act, 1975, confers specific powers upon the Registrar of Societies to inquire into the affairs of a registered society. These powers are crucial for maintaining the integrity, transparency, and proper functioning of societies registered under the Act. The scope of these powers has been subject to judicial interpretation, especially concerning the Registrar's authority to adjudicate disputes, conduct inquiries, and direct elections or amendments.
Section 36(1) authorizes the Registrar to:- Conduct inquiries into the constitution, working, and financial condition of a society.- Initiate such inquiries either suo-motu or upon the application of: - A majority of the society's committee members, or - Not less than one-third of the society's members, or - On the request of the District Collector (District Collector’s move).- The Registrar may also direct some person authorized by him to hold such inquiry.- The inquiry is primarily for verifying the correctness of the particulars furnished in Form VII and the general functioning of the society.
Section 36(9) empowers the Registrar to communicate the outcome of the inquiry and to issue directions for remedying irregularities, but it does not explicitly authorize the Registrar to cancel elections or directly interfere with the society's internal management.
Courts have clarified that the Registrar’s powers are limited to supervisory inquiries. They cannot:- decide on the validity of elections,- cancel elections,- supersede societies,- settle disputes regarding membership or internal management,- adjudicate on the correctness of amendments or bye-laws.
Any action beyond this scope is liable to be quashed as arbitrary or illegal—[Full Bench, 2005(2) MLJ 161].
Section 36 of the Tamil Nadu Societies Registration Act, 1975, is primarily a supervisory tool enabling the Registrar to verify records, amendments, and compliance. It does not confer powers to decide on internal disputes, elections, or to cancel or supersede societies. Such powers are reserved for civil courts, and the Registrar’s inquiry must be conducted following due process, with proper notices and based on credible materials. Judicial review acts as a safeguard against arbitrary or illegal actions by the Registrar, ensuring the rule of law and protection of society members’ rights.
Note: The references are based on the case law and judgments cited in the provided sources, especially the Full Bench decision in 2005(2) MLJ 161 and subsequent case law interpreting Section 36.
When an inquiry has been held under section 36, the Registrar may, if he is satisfied--
(a) that the registered society has contravened any of the provisions of this Act or the rules made thereunder; or
(b) that the registered society is insolvent, or must necessarily become so; or
(c) that the business of any such registered society is conducted fraudulently or not in accordance with the bye-laws or the objects specified in the memorandum filed with the Registrar under section 6,
after giving in such manner, as he thinks fit, previous notice in writing to the registered society, specifying briefly the grounds of the proposed cancellation and after giving an opportunity to the registered society to show cause why the cancellation should not be made,
(1) If it appears to the Registrar that any registered society is carrying on any unlawful activity or allows unlawful activity to be carried on within any premises under the control of the society, the Registrar may hold an inquiry into the activities of such society, and in respect of every such enquiry, the Registrar shall have the same powers as are specified in sub-sections (6), (7) and (8) of section 36.
(2) If on an enquiry under sub-section (1), the Registrar is satisfied that any such society has been carrying on any lawful activity or has allowed any unlawful activity to be carried on within any premises under the control of the society, he shall, after giving reasonable notice to the society to show cause why the registration of the society should not be cancelled and after considering the representations, if any, made on behalf of the society, by order cancel the regist
When the registration of a registered society is cancelled, the registered society shall forthwith cease to carry on its business, except so far as may be required for the beneficial winding up thereof, for which purpose it shall pass a special resolution and dissolve itself in the manner provided in section 41.
(1) Where the registration of a registered society is cancelled, the Registrar may appoint a liquidator to wind up the society if the society has not, within such period as may be prescribed from the date of the order of cancellation, taken any action under section 39.
(2) A liquidator shall have power subject to the control of the Registrar--
(a) to institute or defend any action or other legal proceedings on behalf of the registered society by his name of office;
(b) to determine, from time to time, the contribution to be made or remaining to be made by the members of the registered society, respectively, to the assets of the registered society;
(c) to investigate all claims against the registered society and, subject to the provisions of this Act
(1) A registered society may, by special resolution, determine that it shall be dissolved and thereupon it shall be dissolved forthwith or at the time specified in the resolution and all necessary steps shall be taken for the disposal and settlement of the property of the registered society and its claims and liabilities according to the bye-laws, if any, of the registered society and if there are no bye-laws, according as the committee, or where a special committee is appointed under sub-section (2), the special committee, may find it expedient.
(2) A registered society may, when passing the special resolution referred to in sub-section (1), appoint a special committee consisting of such number of members as may be specified in the resolution for winding up the affairs of the registered society.
(3) If any dispute arises among the membe
If, upon the dissolution of any registered 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 some other registered society or to any association of persons having the same objects or objects similar to those of such registered society, to be determined by a special resolution or in default thereof by the court:
Provided that this section shall not apply to any society which shall have been founded or established by the contributions of shareholders, in the nature of a joint stock company.
(1) As soon as the affairs of a registered society are completely wound up, the liquidator shall make up an account of the winding up showing how the winding up has been conducted and the property of the registered society has been disposed of, and call a general meeting of the registered society for the purpose of placing before it the account and giving any explanation in respect thereof.
(2) Within such period as may be prescribed after the meeting, the liquidator shall send to the Registrar a copy of the account and shall make a return to him of the holding of the meeting and of its sale.
(3) If a quorum is not present at the meeting aforesaid, the liquidator shall, in lieu of the return referred to in sub-section (2), make a return that the meeting was duly called and that no quorum was present thereat.
(1) Where the Registrar has reasonable cause to believe that a registered society is not carrying on business or in operation, he shall send to the registered society by registered post a letter enquiring whether the society is carrying on business or in operation.
(2) If the Registrar either receives an answer from the registered society to the effect that it is not carrying on business or in operation, or does not within such period as may be prescribed after sending the letter receive any answer, he may publish in the Tamil Nadu Government Gazette, and send to the registered society by registered post, a notice that, at the expiration of such period as may be prescribed from the date of such publication, the name of the registered society mentioned therein will, unless cause is shown to the contrary, be struck off the register and the registered society will be dissolved.
&nb
(1) Any person aggrieved by an order--
(a) refusing to register a society or any amendment of the memorandum or bye-laws of a society; or
(b) cancelling the registration of a registered society; or
(c) made under sub-section (4) of section 36--may appeal, if such order is that of--
(i) the Inspector-General of Registration, to the Government; or
(ii) any other person, to the Inspector-General of Registration.
(2) Any person aggrieved by any order made by a liquidator may appeal to the court.
(3) Save as expressly provided in this Act, orders made under this Act shall be final and conclusive.
&nbs
(1) Where a society, which is compulsorily registerable under sub-section (1) or sub-section (2) of section 4, fails to get itself registered within the period specified for registration, every person who is a member of such society, shall be punishable with fine which may extend to fifty rupees, and in the case of a continuing failure with fine which may extend to five rupees for every day during which the failure continues.
(2) Any registered society which makes default in complying with any of the requirements of this Act or contravenes any of the provisions thereof and every officer of the registered society, who is knowingly a party to the default or contravention, shall be punishable with fine which may extend to one hundred rupees; and in the case of a continuing default or contravention with fine which may extend to fifty rupees for every day during which the default or con
Any person who wilfully makes or causes to be made any false entry in, or any omission from, any register, account, balance sheet, or other document, required by this Act to be maintained by a registered society, shall be punishable with fine which may extend to five hundred rupees.
The committee of a registered society which, or in officer, employee, or a paid servant or any member of the society who, wilfully makes a false return or furnishes false information, or any person who wilfully or without any reasonable excuse, disobeys any summons, requisition or other lawful order, or direction issued under the provisions of this Act or who wilfully withholds or fails to furnish any information lawfully required from him by a person authorised in this behalf under the provisions of this Act, shall be punishable with fine which may extend to five hundred rupees.
The Registrar may, in his discretion and upon an application in writing by any society, or, as the case may be, by any registered society, made within the period prescribed under sub-section (1) or sub-section (2) of section 4, clause (1) of section 13, sub-section (2) of section 15, sub-section (3) of section 16 or Section 27, allow to such society further time not exceeding such period as may be prescribed to comply with any of the provisions aforesaid.
No Court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the First Class shall try any offence under this Act.
(1) There shall be paid to the Registrar in respect of the several matters mentioned in the Schedule, the fees therein specified.
(2) The Government may, in their discretion, remit, in whole or in part, any fee payable under this Act.
(3) The Government may, by notification, authorise the Inspector-General of Registration or any officer subordinate to him to exercise the power vested in them by sub-section (2) and may in like manner withdraw such authority.
(4) The exercise of the power delegated under sub-section (3) shall be subject to such restrictions and conditions as may be specified in the notification and also to control and revision by the Government or by such officer as may be empowered by the Government in this behalf. The Government shall also have power to control and revise the
(1) TheInspector-General of Registration shall have superintendence over all other Registrars functioning under this Act.
(2) No prosecution shall be instituted under this Act without the previous sanction in writing of1 [the Inspector-General of Registration or any other officer of the Registration department not below the rank of Deputy Inspector-General of Registration, as may be authorised by theGovernment in this behalf].
______________________
1. Substituted by Tamil Nadu Act No. 16 of 1994.
The Government may, by general or special order whether prospectively or retrospectively,--
(1) exempt from all or any of the provisions of this Act or from any rule made under this Act, or
(2) direct that any such provision or any such rule shall apply with such modifications as may be specified in the order, to any society or registered society or class of societies or of registered societies.
No act or proceeding of a registered society or any committee or of any officer of the society shall be deemed to be invalid merely on the ground,--
(a) of any vacancy or defect in the organisation of the society or the formation of the general body or the constitution of the committee;
(b) of any defect or irregularity in the election or appointment of a member of the committee or an officer of the society; or
(c) of any defect or irregularity in such act or proceeding not affecting the merits of the case.
(1) The Government may make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for --
(a) the objects which may be recognised for the purpose of section 3;
(b) the matters in respect of which a society may or shall make bye-laws and the procedure to be followed in making, altering and abrogating bye-laws and the conditions to be satisfied prior to such making, alteration or abrogation;
(c) the forms to be used for the purposes of registration of societies and for filing documents required or authorised to be filed under this Act;
(d) the form of accounts, returns and registers required by this Act and the ma
(1) The Societies Registration Act, 1860 (Central Act XXI of 1860), in so far as it applies to the State of Tamil Nadu (hereafter in this section referred to as the said Act), is hereby repealed.
(2) Notwithstanding such repeal, all societies registered and all acts done under the said Act--
(i) by the Registrars of the districts appointed under section 6 of the Registration Act, 1908 (Central Act XVI of 1908), at any time during the period commencing on the 1st September, 1954 and ending with the 24th March, 1955;
(ii) by the Sub-Registrars whose offices were amalgamated with the offices of the Registrars under sub-section (2) of section 7 of the Registration Act, 1908 (Central Act XVI of 1908), at any time during the period commencing on the 1st September, 1954 and ending with the 27th May,
(1) All rules made under this Act shall be published in the Tamil Nadu Government Gazette and, unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.
(2) All notifications issued under this Act shall, unless they are expressed to come into force on a particular day, come into force on the day on which they are published.
(3) Every rule made and notification issued under this Act shall, as soon as possible, after it is made or issued, be placed on the Table of both Houses of the Legislature, and if, before the expiry of the session in which it is so placed or the next sessions, both Houses agree in making any modification in any such rule or notification or both Houses agree that the rule or notification should not be made or issued, the rule or notification shall
THE SCHEDULE
[See sub-section (1) of Section 51]
TABLE OF FEES TO BE PAID TO THE REGISTRAR
1.
For registration of a society
1[Five hundred rupees]
2.
For filing any document by this Act required or authorised to be filed other than the memorandum
1[Ten rupees]
3.
For every inspection of documents (whether one or more) in the custody of the Registrar relating to one and the same society.
1[Twenty five rupees]
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