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rajasthan societies registration act, 1958
(1) This Act may be called the Rajasthan Societies Registration Act, 1958.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force on such date1 as the State Government may, by notification in the Official Gazette, appoint.
1-A. Interpretation :- (1) In this Act, unless the subject or context otherwise require, -
(i) 'Registrar' means the Registrar of Co-operative Societies for the state:
Provided that the State Government may, by notification in the Official Gazette, appoint any other person or officer, by name or by virtue of his office, to be the Registrar for the purposes of this Act, and in such case the pe
(1) The memorandum of
association shall contain the following things, that is to say-
(a) the name of the society;
(b) the objects of the society;
(c) the names, addresses and occupations of the governors, directors,
trustees or members (by whatever name they are designated) of the
council, committee or other governing body to which, by the rules
and regulations of the society, the management of its affairs is
entrusted.
(2) A copy of the rules and regulations of the society, certified to be a
correct copy by not less than three of the governors, directors, trustees or
members of the governing body, shall be filed with the memorandum of
association.
(1) Upon such memorandum and certified
copy being filed, the Registrar shall certify under his hand that the society
is registered under this Act.
2[(2) There shall be paid to the Registrar for every such registration, such
fee as the State Government may, from time to time, direct, and all fees
so paid shall be accounted for to the State Government.]
Once in every year, on or before the
fourteenth day succeeding the day on which, according to the rules and
regulations of the society, the annual general meeting of the society is
held, or, if the rules and regulation do not provide for an annual general
meeting, in the month of January, a list shall be filed with the Registrar of
the names, addresses and occupations of the governors, director, trustees
or members of the council, committee or other governing body then
entrusted with the management of the affairs of the society.
4-A Changes in governing body and rules to be filed: - (1) Together
with the list mentioned in section 4 there shall be sent to the Registrar a
statement showing all changes during the year to which the list rejates in
the personnel of the governors, directors, trustees or members of the
council, committee or other governing body to which the management of t
(1) The property, movable and
immovable, belonging to or held or acquired by a society registered under
this Act, if not vested in trustees in trust for such society, shall be deemed
to be so vested for the tome being in the governing body of such society,
and in all proceedings, civil and criminal, may be described as the
property of the governing body of such society.
(2) Where any such property is vested or is to become vested in trustees
in trust for any society registered under this Act and any new trustees
have been appointed under and in accordance with section 5-A, the
property shall, notwithstanding anything contained in any instrument or
in the rules and regulations of the society, become vested without any
conveyance or other assurance, in such new trustees and the continuing
old trustees jointly or if, there are no old continuing trustees, in such new
trustees wholly upon the s
Every society registered under this
Act may sue or be sued in such name as shall be determined by the rules
and regulations of the society and, in default of such determination, in the
name of the chairman or the secretary or trustees thereof
No suit or proceeding in any Civil Court shall
abate or discontinue by reason of the person by or against whom such suit
or proceeding shall have been brought or continued dying or ceasing to
fill the character in the name whereof he shall have sued ore been sued
but the same suit or proceeding shall be continued in the name of a
against the successors of such person
(1) If a judgment shall
be recovered against a person or officer on behalf of the society, such
judgment shall not be put in force against the property movable or
immovable , or against the body of such person or officer but against the
property of the society.
(2) The application for execution shall set forth the judgment, the fact of
the party against whom it shall have been recovered having sued or
having been sued, as the case may be, on behalf of the society only and
shall require to have the judgment enforced against the property of the
society.
Whenever, by any
bye-laws duly made in accordance with the rules and regulations of the
society or, if the rules or regulations do not provide for the making of
bye-laws by any bye-laws made at a general meeting of the members of
the society convened for the purpose by a majority of not less than threefifth of the members of the society actually present at such meeting, any
pecuniary penalty is imposed for the breach of any rule, regulation or
bye-law of the society, such penalty, when accrued, may be recovered in
any court having jurisdiction in the place where the defendant shall reside
or the society shall be situate, as the governing body of the society shall
deem expedient.
(1) Any member of a
society registered under this Act, who may be in arrear of a subscription
which, according to the rules and regulations of the society, he bound to
pay or who shall possess himself of or detain any property of the society
in a manner or for a time contrary to such rules and regulations or shall
injure or destroy any property of the society, may be sued for such arrears
or for the damage accruing from such possession, detention, injury or
destruction of the property in the manner herein before provided.
(2) If in any suit or proceeding brought under sub-section (1) at the
instance of the society the defendant shall be successful and shall be
adjudged to recover his costs, he may elect to proceed to recover the same
form the officer in whose name the suit or other proceeding shall be
brought or from the society, and in the latter case, shall have process
against the prope
Any member of a society registered under this Act, who shall steal, purloin or
embezzle any money or other property or wilfully and maliciously
destroy or injure nay property of such society or shall forge any deed,
bond, security for money, receipt or other instrument whereby the funds
of the society may7 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 not a member of the society would be subject and
liable to in respect of the like offence
(1) Whenever it shall appear to the governing body of any
society registered under this Act, which has been established for any
particular purpose or purposes, that it is advisable to alter, extend or
abridge such purpose or purposes to or for other purpose or purposes
within the meaning of this Act or to amalgamate such society either
wholly or partially with any other society, such governing body may
submit the proposition to the members of the society in a written or
printed report and may convene a special general meeting for the
consideration thereof according to the rules and regulations of the society.
(2) No such proposition shall be carried into effect unless such report
shall have been delivered or sent by post to every member of the society
ten days previous to the special general meeting convened by the
governing body for the consideration thereof nor unless such proposition
sh
If upon the dissolution of any society registered under this Act 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 nay of them but shall be given to some
other society, whether registered under this Act or not, to be determined y
the votes of not less than two-thirds of the members present personally or
y proxy at the time of the dissolution or, in default thereof, by such court
as aforesaid:
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:
Provided further that nothing in this section shall be deemed to
affect any provision contained in any instrument for the payment o
For the purposes of this Act, a member
of a society shall be a person who having been admitted therein according
to the rules and regulations thereof, shall have paid a subscription or shall
have signed the roll or list of members thereof and shall not have
resigned in accordance with such rules and regulations or a person who
shall have been appointed or selected to be a governor, director, trustee or
members of the governing body of such society in accordance with such
rules and regulations; but in proceedings under this Act no person shall be
entitled to vote ore to be counted as a member whose subscription at the
time shall have been in arrear for a period exceeding three months.
The governing body of a society shall be
the council, committee or other body (consisting of governors, directors,
trustees or members) to which by the rules and regulations of the society
the management of its affairs is entrusted for the time being.
(1) Any society established and constituted for any of the purposes
specified in section 1-B, and any society of the nature mentioned in
section 20 so established and constituted, previously to the passing of this
Act and not registered under any law repealed by section 21 may at any
time hereafter be registered as a society under and in accordance with the
provisions of this Act.
(2) in the case of any such society, if no governing body thereof shall
have been constituted on the establishment of the society, it shall be
competent for the members thereof, upon due notice, to create a
governing body to act for the society thenceforth.
(1)The Registrar shall refuse to register-
(a) a society under section 3, or
(b) the change of name made under section 12-A, or
(c) a society under section 17,
If the proposed name of such society is identical with that by which nay
other existing society has been registered or in the opinion of the
Registrar so nearly resembles such other name as to be likely to deceive
the public or the members of either society.
(2) The provisions of sub-section (1) shall also apply to societies referred
to in sub-section (2) of section 21 and to changes of name referred to in
sub-section (3) of that section and if, under the laws repealed by sub-
section (1) of section 21, any two or more societies have been
Any person may inspect all documents filed with the Registrar under this Act
on payment of a fee of one rupee for each inspection and any person may
require a copy or extract of any document or part of any document to be certified by the Registrar, on payment of 4[twenty five paisa] for every
hundred words of such copy of extract , and such certified copy shall be
prima facie evidence of the matters therein contained in all proceedings
whatever.
The following societies may be registered under this Act, namely: -
Societies established for charitable purposes; military orphan funds;
societies established for the promotion of 5[Khadi & Village Industry],
literature, science or the fine arts; societies established for instruction the
diffusion of useful knowledge or political education; societies established
for the foundation or maintenance of libraries or reading rooms for
general use among the members or open to the public or public museums
and galleries ore painting and other works of art; societies established for
collections of natural history and for mechanical and philosophical
inventions, instruments or designs.
(1) The Societies Registration Act, 1860
(Central Act XXI of 1860), as adapted to the pre-reorganisation State of
Rajasthan by means of Rajasthan Ordinance IV of 1950 and all laws
relating to the registration of societies which may be in force in any part
of the State shall stand repealed upon the commencement of this Act.
(2) All societies registered under any of the laws mentioned in subsection (1) shall, if they may be registered under this Act, be deemed to
have been registered hereunder.
(3) All changes made in the names of such societies as are referred to in
sub-section (2), previously to the commencement of this Act, shall be
deemed to have been made under this Act:
Provided that, if such change shall not have been registered or a
certificate in receipt thereof shal
Any number not less than two-third of the members of a society
registered under this Act may determine that it shall be dissolved, and
thereupon it shall stand dissolved forth with or at the time then agreed
upon and all necessary steps shall be taken for the disposal and settlement
of the property of the society and its claims and liabilities according to
the rules and regulations of the said society, applicable thereto, if any,
and, if not, then as the governing body, or a special committee formed to
replace the governing body in respect of all matters affecting the
winding-up of the affairs of the society, shall find expedient: Legal Comments Section 13 - Dissolution by members - Summary power of two-thirds/majority - Dissolution by members is possible under the Act, but only through proper constitutional processes; transfer of property and winding up thereafter follow the Act and rules - [Source: "": The RAJASTHAN SOCIETIES REGISTRATION ACT, 1958; Section 13; dissolution provisions] Section 13(7) - Expulsion of members by Managing Committee - General Body cannot expel; expulsion is vested with Managing Committee upon finding guilt - [Source: "Karnveer Singh VS Panji Lal Damor": SOCIETY - EXPULSION OF MEMBERS - Section 13(7), 13(9), 13(13); ratio: power to expel by MC; GB lacks power - [SC 1958 Act judgment]] Section 13(9) - Expulsion process and grounds - Aligns with 13(7) in conferring expulsion power to Managing Committee; procedural fairness implied in constitutionally framed rules - [Source: "Karnveer Singh VS Panji Lal Damor"] Section 13(13) - Amendments to constitution by 2/3rd majority - General Body empowered to amend constitution with two-thirds majority; governs structural updates rather than expulsion powers - [Source: "Karnveer Singh VS Panji Lal Damor"] Section 3 - Registration of Society - Essential for legal personality; corporation/vehicle created upon registration; power of Registrar to regulate/condition - [Source: "Momaipura Mahila Dudh Utpadak Sahakari Mandli Limited VS Additional Registrar (Appeals)": Gujarat Cooperative Societies Act commentary; general principle applicable via comparative reasoning; but key point: registration confers identity] Essential ingredients of a valid Society - (i) Registration under Rajasthan Societies Registration Act 1958; (ii) Memorandum of Association and Rules/Bye-laws; (iii) Governance structure (President/Managing Committee/General Body); (iv) Compliance with constitutional provisions incl. Section 13 for dissolution or amendments - [Source: multiple cases summarized in provided sources; general pattern from "Emmanuel School Society VS State of Rajasthan", "Adarsh Bal Niketan Jhunjhunu VS Registrar of Societies Rajasthan Jaipur", "Madan Singh . VS Rajasthan state Sports Council . "] Scope of Section 13 - Applies to internal governance, membership, expulsion, dissolution, amendments; does not authorize General Body to expel (as per 13(7)) but assigns expulsion to Managing Committee; dissolution by members via 2/3rd vote; interplay with bye-laws - [Sources: "Karnveer Singh VS Panji Lal Damor"; "Momaipura Mahila Dudh Utpadak Sahakari Mandli Limited VS Additional Registrar (Appeals)" (context on registration and internal processes)] Expulsion remedies and court intervention - Courts have held that GB actions beyond its powers can be set aside; overarching principle that disputes over expulsion or membership are within internal governance but subject to legality of procedure; writ petitions may challenge excesses or improper exercise of power - [Source: "Karnveer Singh VS Panji Lal Damor"; "Adarsh Bal Niketan Jhunjhunu VS Registrar of Societies Rajasthan Jaipur"] Registrar’s powers vs. constitutional limits - Registrar can cancel/modify registration or regulate by rules, but cancellation of registration requires compliance with statutory procedure and due process; natural justice may require hearing before withdrawal (see cases on withdrawal/registration challenges) - [Source: "Adarsh Bal Niketan Jhunjhunu VS Registrar of Societies Rajasthan Jaipur"; "Emmanuel School Society VS State of Rajasthan"] Section 18-A (Registrar’s power to refuse/cancel registration) - In Rajasthan Act, 1958, Registrar empowered to refuse or cancel registration of certain societies; requires adherence to process and sometimes hearing; absence of hearing can render orders void; interplay with General Clauses Act - [Source: "Emmanuel School Society VS State of Rajasthan"] Section 5 (property vesting in governing body) - Property rights vest in the governing body; transfers require proper authorizations; invalid transfers can be struck down; links to land/asset matters in "Land Allotment" case - [Source: "Vivekanand Sharma VS State of Rajasthan"] Section 41 (Rule making) - Registrar’s power to frame rules for conditions of service; ensures governance of employees within co-operative societies; intra vires debated but upheld in jurisprudence as delegation permitted - [Source: "Sikar Kendriya Shakari Bank Ltd. VS Prescribed Authority under Rajasthan Shops & Commercial Establishment Act (9)": RAJASTHAN CO-OPERATIVE SOCIETIES ACT, 1965; Rule 41] Relationship with other Acts - Shops and Commercial Establishments Act; Civil Service Rules; Co-operative Societies Act are interlinked; 1958 Act provisions treated as special qua 1965 Act; 58 Act provisions often prevail in employment/discipline contexts when applicable - [Sources: "Sikar Kendriya Shakari Bank Ltd. VS Prescribed Authority under Rajasthan Shops & Commercial Establishment Act (9)"; "B. N. K. Sahakari Wholesale Upbokta Bhandar Ltd. VS Prescribed Authority under Raj. Shop & Commercial Establishment Act"] Locus standi for petitions under Article 226 - Members or beneficiaries can challenge Registrar actions where statutory rights/duties are involved; petitions recognized as maintainable in cases where statutory duties/public interest are implicated - [Source: "Ravindra Kumar Sabu VS State of Rajasthan"] Maintenance of internal elections (Section 75/137/143; 2001 Act references) - Renewal and elections: courts have addressed whether internal elections and managing committees comply with institutional framework; invalid or irregular elections can be remanded or mandamus issued to conform to Act/Rules - [Source: "ITTAHADUL MUSLEMEEN MAKTAB ISLAND SCHOOL VS REGISTRAR FIRMS SOCIETIES AND CHITS U P "; "Triyugi Narain Mishra and Another VS State of U. P. and Others"] Section 15 (Bar Association/Advocates rules interplay) - While not central to registration, judgments discuss how associations registered under the Act must adhere to constitutional directives and can be guided by Supreme Court norms; caution against ultra vires actions when forming or regulating associations - [Source: "Committee Of Management Sri Mahaveer Inter College VS State Of UP"; "Rajasthan High Court Advocates Association, Jodhpur through its President, Ranjeet Joshi s/o Shri Ranchhor Dassji Joshi VS Bar Council of Rajasthan through its Secretary, Rajasthan High Court Building, Jodhpur"] Registration vs. public trust status - A society registered under the Act can be considered a public trust under certain contexts; but registration alone does not convert it into a public trust; separate Acts govern Public Trusts (e.g., Public Trusts Act) - [Source: "Durga Carriers Pvt. Ltd. VS Dinesh Chandra Khare S/o Shri Virendra Prasad Khare"] Jurisdictional boundaries for disputes (Section 25 vs. 28A etc.) - Section 25 deals with disputes regarding elections of office bearers and requires Prescribed Authority adjudication; other statutes (like 28A of Shops Act) may handle industrial/employment disputes; courts emphasize following exhaustive statutory procedure - [Source: "ITTAHADUL MUSLEMEEN MAKTAB ISLAND SCHOOL VS REGISTRAR FIRMS SOCIETIES AND CHITS U P "] Withdrawal of recognition under Rajasthan Non-Government Educational Institutions Act, 1989 - Recognizes the interplay of statutory recognition with managing committees; mandamus can direct formation of managing committees per Act and Rules - [Source: "Viswanath Sharma VS State of Rajasthan & 3 Ors. "] Emblems and Names/Registration integrity - Courts scrutinize names and emblems; use of state insignia or high court nomenclature can be restrained; demonstrates public interest in proper naming; relevant to registration of associations under the Act - [Source: "Rajasthan High Court Bar Association VS State Of Rajasthan"] Maintenance of records and annual filings - Societies must file annual lists and maintain compliance with procedural requirements; lapses can invite registrar actions or dissolution/deregistration processes - [Source: "": annual filings requirement excerpt] Locus classic: Expulsion case (Karnveer Singh VS Panji Lal Damor) - Reiterates that the General Body cannot expel members; expulsion power lies with Managing Committee; GB may amend constitution and budget but cannot act beyond powers; writ petitions dismissed if petition lacks substance given proper authority - [Source: Karnveer Singh VS Panji Lal Damor] Interaction with dissolution/destitution provisions (Section 13) - If dissolution is effected, the Act directs disposal of assets and liabilities per constitution; natural to consider wind-up processes or conversion to trusts under Section 13 and subsequent sections - [Source: ""] Note: The above points synthesize concise legal insights drawn from the provided source corpus related to the Rajasthan Societies Registration Act, 1958 and its interplay with related statutes and case law. Where a specific fact or precise wording was not clearly available in the supplied texts, I did not invent points.
Provided that-
(i) in the event of any dispute arising among the governors, directors,
trustees or members of the said governing body or, if it has been
replaced by a special committee as aforesaid, among
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