The Societies Registration Act, 1860

Any seven or morepersons associated for any literary, scientific, or charitable purpose, or for any such purpose as isdescribed in section 20 of this Act, may, by subscribing their names to a memorandum of association, andfiling the same with the Registrar of Joint-stock Companies 1***, form themselves into a society underthis Act. STATE AMENDMENTS Orissa.-- Insertion of new section before section 1, Act 21 of 1860.--In the Societies Registration Act, 1860(21 of 1860) (hereinafter referred to as the said Act), section 1 shall be renumbered as section 1-A andbefore the said section as so renumbered, the following new section shall be inserted, namely:-- 1. Appointment of Registrar of Societies.--The State Government may, by notification, appoint aperson to be called the Registrar of Societies and he shall exercise such powers and perform such dutiesand functions as are conferred by or under the provisions of this Act, and shall subject to such general orspecial order as the State Government may from time to time make, superintend the administration andcarry out the provisions of this Act throughout the State or Orissa. [Vide the Orissa Act 21 of 1958, s. 2] Adaptation.--In the said Act, for the expressions, Registrar of Joint Stock Companies andRegistrar wherever they occur, the expression Registrar of Societies shall be substituted. [Vide the Orissa Act 21 of 1958, s. 3] Pending proceedings and construction of reference to Registrar of Companies in instrumentsissued or made before this Act.--(1) All proceedings under the said Act pending before the Registrar ofJoint Stock Companies at the date of commencement of this Act shall stand transferred to the Registrar ofSocieties and any such proceedings shall be continued and disposed of by the Registrar of Societies, as ifit had been originally instituted before such Registrar under the said Act. (2) In all certificates of registration and in all rules or bye-laws of societies and in all otherinstruments issued or made under the said Act before the date of commencement of this Act, references tothe Registrar of Joint Stock Companies or the Registrar of Companies shall be deemed to be and beconstrued as references to the Registrar of Societies. [Vide the Orissa Act 21 of 1958, s. 4] Orissa.-- Amendment of Section 1.--In the Societies Registration Act, 1860 (21 of 1860), as applicable to theState of Orissa , section 1 shall be renumbered as sub-section (1) thereof and after sub-section (1) as sorenumbered, the following sub-sections shall be inserted, namely:-- "(2) The State Government may, by notification, appoint one or more Additional Registrars with suchlocal jurisdiction as may be assigned to them by the State Government. (3) The Additional Registrars so appointed shall, subject to the control of the Registrar of Societies,exercise such of the powers and perform such of the functions of the Registrar of Societies as the StateGovernment may authorize in that behalf.". [Vide the Orissa Act 9 of 1979, s. 2] STATE AMENDMENT Union territory of Ladakh After the preamble and before the existing section 1, insert-- "1. Appointment, etc. of Registrar of Societies, etc.--(1) The Administration of Union territoryof Ladakh may, by notification, appoint a person to be called the Registrar of Societies and he shallexercise such powers and perform such duties and functions as are conferred by or under theprovisions of this Act, and shall subject to such general or special order as the Administration of theUnion territory of Ladakh may from time to time make, superintend the administration and carry outthe provisions of this Act throughout the Union territory of Ladakh."; "(2) The Administration of the Union territory of Ladakh may by notification, appoint one ormore Additional Registrars with such local jurisdiction as may be assigned to them. (3) The Additional Registrars so appointed shall, subject to the control of the Registrar ofSocieties, exercise such of the powers and perform such of the functions of the Registrar of Societiesas the Administration of the Union territory of Ladakh may authorise in that behalf."; (b) number the existing section as section 1A and in this section as so numbered, for"Registrar of Joint-Stock Companies" substitute "Registrar of Societies.". [Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Second Order, 2020, videNotification No. S.O. 3805(E), dated (26-10-2020).] Arunachal Pradesh After section 1, the following section shall be inserted, namely:-- "Definitions-1A. --In this Act, unless the context otherwise requires:-- (a) "Administrator" means the Administrator of the Union territory of Arunachal Pradeshappointed by the President under Article 239 of the Constitution; (b) "Registrar" means the Registrar of Societies appointed by the Administrator." [Vide Arunachal Pradesh Act 6 of 1978, s. 2 and the schedule] Uttarakhand Substitution of section 1.--In Societies Registration Act 1860, (which is hereinafter referred to asPrincipal Act) the section 1 shall be substituted as follows, namely:-- "1. Societies formed by memorandum of association and registration.---Any seven or morepersons associated for any literary, scientific or charitable purpose, or for any such purpose as isdescribed in section 20 of the Act, may, be digital signature of their name in online form ofMemorandum of Association and rules filling the same online with the Registrar form themselvesinto a society under this Act. [Vide Uttarakhand Act 4 of 2019, s. 2] Haryana Insertion of section 1A in Central Act 21 of 1860.--After section 1 of the Societies Registration Act,1860 (hereinafter called the principal Act), The following section shall be inserted, namely:-- "1A. Definitions.-- In this Act, unless the context otherwise requires,-- (a) "prescribed" means prescribed by rules made under this Act; (b) "State Government" means the Government of the State of Haryana.". [Vide Haryana Act 14 of 2007, s. 2]

The memorandum of association shall contain the followingthings (that is to say)-- the name of the society; the objects of the society; the names, addresses, and occupations of the governors, council, directors, committee, or othergoverning body to whom, by the rules of the society, the management of its affairs is entrusted. A copy of the rules and regulations of the society, certified to be a correct copy by not less thanthree of the members of the governing body, shall be filed with the memorandum of association.

13. Registration and fees.--Upon such memorandum and certified copy being filed, the Registrarshall certify under his hand that the society is registered under this Act. There shall be paid to theRegistrar for every such registration fee of fifty rupees, or such smaller fee as 2[the State Government]may, from time to time, direct; and all fees so paid shall be accounted for to 3[the State Government]. STATE AMENDMENTS Orissa.-- Insertion of a new section.--In the Societies Registration Act, 1860 (21 of 1860) (hereinafterreferred to as the principal Act), after Section 3, the following section shall be inserted, namely:-- 3-A. Prohibition against registration of societies with undesirable names.--No society shall beregistered by a name which, in the opinion of the Registrar of Societies is undesirable , being a nameidentical with or, which in the opinion of the Registrar of Societies so nearly resembles the name bywhich any other existing society has been previously registered under this Act or anybody corporatewhich has been incorporated or registered under any other law for the time being in force as to be likelyto deceive the public or members of either society or anybody corporate, or which, without the previouspermission of the Government concerned , suggests or is calculated to suggest the patronage of thatGovernment or connection with anybody constituted by that Government or any local authority, orwhich may, subject to any rules made in that behalf, be deemed to be undesirable by the Registrar ofSocieties.". [Vide the Odisha Act 6 of 2013, s. 2] Union territory of Ladakh Section 3.--For "Registrar", substitute "Registrar of Societies." [Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Second Order, 2020, videNotification No. S.O.3805(E), dated (26-10-2020).] Uttarakhand.-- Amendment of section 3.--In Principal Act sub-section (1) of section 3 of shall be substituted asfollows, namely:-- "3. Registration and fees.--(1) Upon such memorandum and its digitally signed copy beingfiled alongwith particulars of the address of Society office which will be registered address, by thesecretary of the society on behalf of the persons subscribing to the memorandum, the Registrar shallcertify under his digital signature that the society is registered under this Act, For every suchregistration fees of five thousand five hundred and fifty rupees shall be paid to Registrar. For everysuch registration for Youth/Women Mangal Dal, Women Group/Community Group fees of fiftyrupees shall be paid. Provided further that the State Government may, by notification in the Official Gazette, increasefrom time to time the fee payable under this sub-section. Provided further that the Registrar may, in his discretion, issue public offline notice or issueoffline notice to such persons as he thinks fit inviting offline objections, if any against the proposedregistration and consider all objections that may be received by him before registering the society. The prescribed fee of registration shall be submitted online after the online approval ofregistration by the Registrar. After depositing the prescribed fees, the digitally signed SocietyRegistration Certificate shall be downloaded by the applicant. [VideUttarakhand Act 4 of 2019, s. 3] Haryana Amendment of Section 3 of Central Act 21 of 1860.-- In Section 3 of the Societies Registration Act, 1860 (hereinafter called the principal Act), for the words "fifty rupees", the words "two hundred and fiftyrupees" shall be substituted. [Vide Haryana Act 14 of 2001, s. 2] Insertion of section 3A in Central Act 21 of 1860.--After section 3 of the principal Act, the following section shall be inserted, namely:-- "3A. Refusal of registration.--(1) The Registrar may, in his discretion, issue public notice or issue notice to such persons as he thinks fit inviting objections, if any, against the proposed registration and consider all objections that may be received by him before registering the society. (2) Notwithstanding anything contained in section 3, the Registrar shall refuse to register a society, if after giving it an opportunity of showing cause against such refusal, he is satisfied that-- (a) the name of the society is identical with that of any other society previously registered under this Act; (b) the name of the society sought to be registered uses any of the words, namely:-- "Union", "State", "Land Mortgage", "Land development", "Co-operative", "Gandhi", "Reserve Bank" or any words expressing or implying the sanction. Approval or patronage of the Central or any State Government or any word which suggests or is calculated to suggest any connection with any local authority or any corporation or body constituted by or under any law for the time being in force or is such as is otherwise likely to deceive the public or the members of any other society previously registered under this Act; (c) anyone or more of the objects of the society sought to be registered is not an object mentioned in section 1 and 20; or (d) its objects are contrary to any other law for the time being in force or contrary to public policy.". [Vide Haryana Act 14 of 2007, s. 3]

Once in every year, on or before the fourteenth daysucceeding the day on which, according to the rules of the society, the annual general meeting of thesociety is held, or, if the rules do not provide for an annual general meeting, in the month of January, a listshall be filed with the Registrar of Joint-stock Companies, of the names, addresses and occupations of thegovernors, council, directors, committee, or other governing body then entrusted with the management ofthe affairs of the society. STATE AMENDMENTS Assam Insertion of new section 4A in Act XXI of 1860.-- After section 4 of the principal Act, the followingnew section shall be inserted, namely:-- "4A. Changes in managing body and rules to be filed.--(1) Together with the list mentioned insection 4, there shall be sent to the Registrar of Joint Stock Companies a statement showing changesduring the year to which the list relates in the personnel of the governors, council, directors, committee orother governing body to whom the management of the affairs of the society is entrusted and also a copyof the rules of the society corrected up-to-date and certified to be a correct copy by not less than three ofthe members of the governing body. (2) A copy of every alteration made in the rules of the society, certified to be a correct copy by notless than three members of the governing body, shall be sent to the Registrar of Joint Stock Companieswithin fifteen days of the making of such alterations." [Vide Assam 11 of 1952, s. 2] Orissa Insertion of new sections 4-A, 4-B and 4-C, Act (21 of 1860).--In the Societies Registration Act,1860 (21 of 1860) (hereinafter referred to as the principal Act) after section 4, the following new sectionsshall be inserted, namely:-- 4-A Changes in the list mention 4 and rules to be filed.--(1) Without prejudice to the provisionsof section 4 any change in personnel on the list filed under the said section occurring during the year towhich such list relates shall be intimated to the Registrar or Societies within two months of such change. (2) A copy of every alteration made in the rules and regulations of the Society, certified to be acorrect copy by not less than three of the Governors, Directors or Members of the governing body, as thecase may be, shall be sent to the Registrar or Societies within two months of the making of suchalteration. 4-B. Persons by whom lists, etc, are to be sent.--It shall be the duty-- (a) Of the Chairman or, as the case may be, the President, the Secretary or any other personauthorized in that behalf by the rules and regulations of the Society or by a resolution of the governingbody of the Society; or (b) Of the Chairman or, as the case may be, the President of the governing body of the Society whereis no such authorization, to file the list mentioned in section 4, or to send the intimation or as the case maybe, the copy mentioned in section 4-A to the Registrar of Societies. 4-C. Offence.--(1) If any person who is required so do to under the preceding section fails withoutreasonable cause to comply with the provisions thereof, he shall, on conviction, be punishable with finewhich may extend to one hundred rupees. (2) If any person willfully makes or causes to be made any false entry or alternation in, or anyomission from, the list filed under section 4 or any statement or copy of rules and regulations sent to theRegistrar of Societies under section 4-A, he shall, on conviction, be punishable with fine which mayextend to five hundred rupees." [Vide the Orissa Act 8 of 1969, s. 2] Union territory of Ladakh Section 4.--For "Registrar of Joint-Stock Companies", substitute "Registrar of Societies". Insertion of new sections--After section 4, insert the following sections, namely:-- "4A. Changes in list mentioned in section 4 and rules to be filed.--(1) Without prejudice to theprovisions of section 4 and change in personnel on the list filed under said section occurring duringthe year to which such list relates shall be intimated to the Registrar of Societies within two months ofthe making of such changes. (2) A copy of every alteration made in the rules and regulation of the society, certified to be acorrect copy by not less than three of the Governors, Directors or members of governing body, as thecase may be, shall be sent to the Registrar of Societies within two months of such alteration. 4B. Persons by whom lists, etc., are to be sent.--It shall be the duty-- (a) of the Chairman or, as the case may be, the President, the Secretary or any other personauthorised in that behalf by the rules and regulations of the society or by a resolution of thegoverning body of the society; or (b) of the Chairman, or as the case may be, the President of the governing body of the societywhere there is no such authorisation, to file the list mentioned in section 4 or to send the intimation, or as the case may be, the copymentioned in section 4A to the Registrar of Societies. 4C. Offence.--(1) If any person who is required so to do under the preceding section failswithout reasonable cause to comply with the provisions thereof, he shall, on conviction, bepunishable with fine which may extend to one thousand rupees. (2) If any person wilfully makes or causes to be made any false entry or alteration in, or anyomission from, the list filed under section 4 or any statement or copy of rules and regulations sentto the Registrar of Societies under section 4A, he shall on, conviction, be punishable with finewhich may extend to five thousand rupees.". [Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Second Order, 2020,vide Notification No. S.O.3805(E), dated (26-10-2020).]/hrArunachal Pradesh After section 4, the following section shall be inserted, namely:-- "4A. Change in Managing Body and rules to be files.--(1) Together with the list mentioned, insection 4, there shall be sent to the Registrar a statement showing changes during the year to whichthe list relates in the personnel of the Governor, council, directors, committee or other governingbody to whom the management of the affairs of the societies is entrusted and also a copy of the rulesof the society corrected up-to-date and certified to be a correct copy by not less than three members ofthe governing body. (2) A copy of every alteration made in the rules of the society certified to be a correct copy by notless than three members of the governing body, shall be sent to the Registrar within fifteen days ofthe making of such alteration." [Vide Arunachal Pradesh Act 6 of 1978, s. 2 and the schedule] Haryana Amendment of Section 4 of Central Act 21 of 1860.--In Section 4 of the principal Act, the following words shall be added at the end, namely :-- "There shall be paid to the Registrar for every list a fee of ten rupees.". [Vide Haryana Act 14 of 2001, s. 3]

The property, movable and immovable, belonging to a societyregistered under this Act, if not vested in trustees, shall be deemed to be vested, for the time being, in thegoverning body of such society, and in all proceedings, civil and criminal, may be described as theproperty of the governing body of such society by their proper title. STATE AMENDMENT Uttarakhand.-- Insertion of section 5A.--In Principal Act after section 5 the following section shall be inserted,namely:-- "5A. Restriction on transfer of property.---(1) Notwithstanding anything contained in any law,contract or other instrument, it shall not be lawful for the governing body of a society registered underthis Act or any of its members to transfer, without the previous approval of the court, any immovableproperty belonging to any such society. (2) Every transfer made in contravention of sub-section (1) shall be void. Explanation I.--For the purposes of this section the word court shall have the meaningassigned to it in section 13. Explanation II.--For the purposes of this section the word transfer means-- (d) a mortgage, charge, sale, gift or exchange. (e) lease for term exceeding five years; or (f) irrevocable licence." [Vide Uttarakhand Act 4 of 2019, s. 4] Omission of section 5-A of Act no. 21 of 1860.--Section 5-A of the Societies Registration Act, 1860shall be omitted. [Vide Uttarakhand Act 23 of 2014, s. 2]