THE SOCIETIES REGISTRATION ACT, 1860 
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ARRANGEMENT OF SECTIONS 
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PREAMBLE. 

SECTIONS 

1.  Societies formed by memorandum of association and registration. 

2.  Memorandum of association. 

3.  Registration and fees. 

4.  Annual list of managing body to be filed. 

5.  Property of society how vested. 

6.  Suits by and against societies. 

7.  Suits not to abate. 

8.  Enforcement of judgment against society. 

9.  Recovery of penalty accruing under bye-law. 

10.  Members liable to be sued as strangers. 

Recovery by successful defendant of costs adjudged. 

11.  Members guilty of offences punishable as strangers. 

12.  Societies enabled to alter, extend or abridge their purposes. 

13.  Provision for dissolution of societies and adjustment of their affairs. 

14.  Upon a dissolution no member to receive profit. 

Clause not to apply to Joint-stock Companies. 

15.  Member defined.Disqualified members. 

16.  Governing body defined. 

17.  Registration of societies formed before Act. 

18.  Such societies to file memorandum, etc., with Registrar of Joint-stock Companies. 

19.  Inspection of documents, Certified copies. 

20.  To what societies Act applies. 

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THE SOCIETIES REGISTRATION ACT, 1860 
ACT NO. 21 OF 18601 

An Act for the Registration of Literary, Scientific and Charitable Societies. 

Preamble.—WHEREAS  it  is  expedient  that  provision  should  be  made  for  improving  the  legal 
condition  of  societies  established  for  the  promotion  of  literature,  science,  or  the  fine  arts,  or  for  the 
diffusion  of  useful  knowledge, 2[the  diffusion  of  political  education]  or  for  charitable  purposes;  It  is 
enacted as follows:— 

[21st May, 1860.] 

Union territory of Ladakh 
After the preamble and before the existing section 1, insert— 

STATE AMENDMENT 

“1. Appointment, etc. of Registrar of Societies, etc.-(1) The Administration of Union territory 
of Ladakh may, by notification, appoint a person to be called the Registrar of Societies and he shall 
exercise  such  powers  and  perform  such  duties  and  functions  as  are  conferred  by  or  under  the 

1. Short title given by the Indian Short Titles Act, 1897 (14 of 1897). 

The Act (with the exception of the first four sections) is based on the Literary and Scientific Institutions Act, 1854 (17 and 18 

Vict., c. 112), ss. 20 et seq. 

It has been declared to be in force in the whole of India, except the Scheduled Districts, by s. 3 of the Laws Local Extent Act, 

1874 (15 of 1874). 

It has been extended to the New Provinces and Merged States by Act 59 of 1949. 
It  has  been  declared,  by  notification  under  s.  3(a)  of  the  Scheduled  Districts  Act,  1874  (14  of  1874),  to  be  in  force  in  the 

following Scheduled Districts, namely:—  

. 

. 

.   See Gazette of India,  

1881, Pt. I, p. 74. 

. 

West Jalpaiguri 

. 
The Districts of Hazaribagh, Lohardaga (now 
the Ranchi District, see Calcutta Gazette, 1899,  
Pt. I, p. 44), and Manbhum and ParganaDhalbhum 
and the Kolhan in the District of Singbhum 

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The Scheduled portion of the Mirzapur District . 
JaunsarBawar  . 
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The Scheduled Districts in Ganjam and Vizagapatam .  
Assam (except the North Lushai Hills). 
. 
It has been extended, by notification under s. 5 of the last-mentioned Act, to the following Scheduled Districts, namely:— 
Kumaon and Garhwal. 
Ajmer and Merwara. 

1881, Pt. I, p. 504. 
1879, Pt. I, p. 383. 
1879, Pt. I, p. 302. 
1898, Pt. I, p. 870. 
1897, Pt. I, p. 299. 

.   See Gazette of India,  
Ditto 
.     

1876, Pt. I, p. 606. 
1878, Pt. I, p. 380. 

Ditto  
Ditto 
Ditto 
Ditto 
Ditto 

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The Act has been extended to Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and the Schedule  to Dadra and 
Nagar Haveli with modifications by Reg. 6 of 1963, s. 2 and  the First Schedule (w.e.f. 1-7-1965) and to the Union territory of 
Lakshadweep, by Reg. 8 of 1965, s. 3 and Sch. (w.e.f. 1-10-1967). 

It has been amended in—  
C. P. and Berar by C. P. and Berar Act 3 of 1940, 
Assam by Assam Acts 14 of 1948, 15 of 1948, 1 of 1952, 7 of 1957 and 11 of 1958, 
Bihar by Bihar Acts 30 of 1948, 4 of 1951 and 2 of 1960, 
Punjab by East Punjab Acts 32 of 1948, 6 of 1949 and Punjab Act 21 of 1961, 
West Bengal by West Bengal Act 16 of 1950, 
Andhra by President’s Act 10 of 1954, 
Madras by Mad. Act 9 of 1960, 
Orissa by Orissa Acts 21 of 1958, 8 of 1969 and 9 of 1979, 
Maharashtra by Maharashtra Acts 11 of 1968 and 49 of 1971, 
Himachal Pradesh by H. P. Act 23 of 1973, 
Uttar Pradesh by U. P. Acts 25 of 1959, 52 of 1975, 13 of 1978 and 11 of 1984, 
Bombay by Bom. Act 76 of 1958, 
Haryana by Haryana Act 23 of 1974, 
Pondicherry by Act 9 of 1969, and 
Union territory of Delhi by Act 26 of 1983. 
The Act came into force in Pondicherry vide Reg. 7 of 1963 and the First Schedule (w.e.f. 1-10-1963). 
The Act has been repealed in its application to Bellary District by Mysore Act 14 of 1955 and in Mysore by Mysore Acts 17 

of 1960 and 19 of 1973. 

It has been repealed in its application to Mahakoshal, Vindhya Pradesh and Bhopal regions of Madhya Pradesh by Madhya 

Pradesh Act 1 of 1960 (when notified). 
2. Ins. by Act 22 of 1927, s. 2. 

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provisions of this Act, and shall subject to such general or special order as the Administration of the 
Union territory of Ladakh may from time to time make, superintend the administration and carry out 
the provisions of this Act throughout the Union territory of Ladakh.”; 

“(2)  The  Administration  of  the  Union  territory  of  Ladakh  may  by  notification,  appoint  one  or 

more 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  of 
Societies, exercise such of the powers and perform such of the functions of the Registrar of Societies 
as 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, vide 
Notification No. S.O. 3805(E), dated (26-10-2020).] 

Arunachal Pradesh 

STATE AMENDMENT 

Extension of Central Act, 1860 (21 of 1860).- The Societies Registration Act, 1860, as in force in 
the  territories  to  which  it  generally  extends,  is  hereby  extended  to  the  Union  Territory  of  Arunachal 
Pradesh, subject to the modifications mentioned in the Schedule. 

Certain notifications to be inoperative.—On the commencement of this Act, the notifications Nos. 
5459P,  5463p,  and  5467p  dated  the  13th  October,  1914,  in  so  far  as  they  relate  to  the  Societies 
Registration Act, 1860, shall  cease to be operative in the Union Territory of Arunachal Pradesh. 

Modification to the Societies Registration Act, 1860. 

1. Throughout the Act,-- 

THE SCHEDULE 
(See Section) 

 (1)  for  the  words  “Registrar  of  Joint-Stock  Companies”  wherever  they  occur,  the  word 

“Registrar” shall be substituted. 

(2) for the words “State Government” wherever they occur the word “Administrator” shall be 

substituted. 

[Vide Arunachal Pradesh Act 6 of 1978, s. 2] 

Amendment of Schedule.—In the Schedule to the Societies Registration (Extension to Arunachal 

Pradesh) Act, 19 (hereinafter referred to as the Principal Act) :-  

(1) for the word "Administrator" wherever it occurs, the words "State Government' be substituted. 

(2) the clause (a) of serial 2 shall be omitted. 

(3) after serial 2, the following shall be inserted, namely : 

"2-A,  for  section  3  of  the  Central  Act,  1860  (21  of  1860)  the  following  shall  be  substituted, 

namely :-  

3. ( I) Upon such memorandum and certified copy being filed along with particulars of the address of 
the Society's office which shall be its registered address, by the Secretary of the Society on behalf of the 
persons  subscribing  to  the  memorandum,  the  Registrar  shall  certify  under  his  hand  that  the  Society  is 
registered under this Act, and there shall be paid to the Registrar for every such registration a fee of ten 
thousand rupees or such smaller fee as the State Government may notification in respect of any class of 
Societies : 

Provided that the State Government may by notification in the Official Gazette, increase from time 

to time the fee payable under this sub-section : 

Provided further that the Registrar may, in his discretion, issue public notice(s) to such person 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 in sub-section (1), 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 ; 

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(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)  any  one  or  more  of  the  objects  of  the  Society  sought  to  be  registered  is  not  an  object 

mentioned in sections 1 and 20 ; or 

(d)  its objects are contrary to any other law for the time being in force : 

Provided that the State Government may in exceptional circumstances, for reasons to 
be recorded permit any society to use the word 'Union' or the word 'Gandhi' in its name, 
and thereupon,  the  use of that  word in the  name  of  the  society  shall  not  be  a  ground  for 
refusal to register or to renew the certificate of registration of such society. 

3-A Renewal  of  certificate  of  registration  -  (1)  Subject  to  the  provisions  of  sub-
section  (2),  a  certificate  of  registration issued  under  section  3  shall  remain  in  force for a 
period of three years from the date of issue : 

Provided  that  a  certificate  issued  before  the  commencement  of  the  Societies 
Registration (Extension to Arunachal Pradesh) (Amendment) Act, 2008 (hereinafter in the 
section referred to as the said Act), shall remain in force for a period of three years from the 
date of such commencement on payment of the difference of the fees specified under sub-
section (3) and the fees already paid. 

(2)  A Society registered under section 3 whether before or after the commencement 
of the said Act, shall on application alongwith a copy of duly audited statement 
of account made to the Registrar within one month of the expiration of the period 
referred to in sub-section (1) and on payment of the fee specified in sub-section 
(3),  be  entitled  to  have  its  certificate  of  registration  renewed  for  one  year  at  a 
time : 

Provided that in the case of a society registered before the commencement of the said 
Act, the Registrar shall refuse to renew the certificate of registration, if, after giving it an 
opportunity of showing cause against such refusal, he is satisfied that any of the grounds 
mentioned in sub-section (2) of section 3 exist in respect thereof. 

(3)  There  shall  be  paid  to  the  Registrar  with  every  application  for  renewal  of  the 

certificate of registration : 
(a)  a  fee  equal  to  the  registration  fee  payable  under  section  3  or  rupees  four 
thousand,  whichever  is  less,  if  such  application  is  filed  within  the  period 
specified in subsection (2) : 

Provided  that  the  State  Government  may,  by  notification  in  the  Official  Gazette, 
increase from time to time, the fee payable under this clause subject to the condition that 
the fee so increased shall not exceed the registration fee payable under section 3 ; 

(b)  an additional fee of four hundred rupees or such higher fee not exceeding one-
fifth  of  the  fee  payable  under  clause  (a)  as  may  be  notified  by  the  State 
Government,  if  such  application  is  filed  within  one  month  of  the  date  of 
expiration of the period specified in sub-section (2) ; and 

(c)  an  additional fee  at  the  rate  of  twenty  rupees  per  month  or  part  thereof  or 
such higher additional fee per month not exceeding half of the additional fee 
payable  under  clause  (b)  as  may  be  notified  by  the  State  Government,  if 
such  application  is  filed  beyond  one  month  of  the  expiration  of  the  period 
specified in sub-section (2). 

(4)  Every application for renewal of the certificate shall be accompanied by a list of 
members  of  the  managing  body  elected  after  the  registration  of  the  society  or 
after the renewal of certificate of registration and also the certificate sought to be 
renewed  unless  dispensed  with  by  the  Registrar  on  the  ground  of  its  loss  or 
destruction or any other sufficient cause. 

(5)  A society which fails to get its certificate of registration renewed in accordance 
with this section within one year from the expiration of the period for which the 
certificate was operative shall become an unregistered society : 

Provided that the Registrar may, for sufficient cause, allow an application for renewal more than 
one year after the expiration of the period for which the certificate was operative on payment of a fee 
of four hundred rupees or such higher fee not exceeding ten times of the additional fee payable under 
clause (b) of sub-section (3) as may be notified by the State Government from time to time. 

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(6) Where a certificate of registration is renewed in accordance with sub-section (2) or sub-section 
(5) such renewal shall operate from the date of expiration of the period from which the certificate was 
operative. 

3-B  Reference  to  the  State  Government  —If  any  question  arises  whether  any  society  is 
entitled to get itself registered in accordance with section 3 or to get its  certificate of registration 
renewed in accordance with section 3-A, the matter shall be referred to the State Government, and 
the decision of the State Government, thereon shall be final". 

(4) 

in serial 6, of the Schedule to the State Act No. 6 of 1978 in section 19 of the Central Act 
No. 21 of 1860 for the words "one rupee" and "fifteen paise" respectively the words "ten rupees" and 
"five rupees" shall be substituted. 

(5) in serial 7, (i) in section 21 (1) for the words "five hundred" and "fifty rupees" respectively, 

the words, "five thousand rupees" and "five hundred rupees" shall be substituted. 

(ii)  in  section  21  (2)  for  the  words  "two  thousand"  the  words  "twenty  thousand"  shall  be 

inserted. 

(7) 

after 

serial 

7, 

serial 

8 

shall 

be 

added, 

namely 

:—  

"8. after section 22, the following shall be added, namely : 

[Vide Arunachal Pradesh Act 9 of 2008, s. 2] 

1.  Societies  formed  by  memorandum  of  association  and  registration.—Any  seven  or  more 
persons  associated  for  any  literary,  scientific,  or  charitable  purpose,  or  for  any  such  purpose  as  is 
described  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 
under this Act. 

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 and 
before 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 
a person to be called the Registrar of Societies and he shall exercise such powers and perform such 
duties and functions as are conferred by or under the provisions of this Act, and shall subject to such 
general  or  special  order  as  the  State  Government  may  from  time  to  time  make,  superintend  the 
administration and carry 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”  and 

“Registrar” 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  instruments 
issued or made before this Act.—(1) All proceedings under the said Act pending before the Registrar of 
Joint Stock Companies at the date of commencement of this Act shall stand transferred to the Registrar of 
Societies and any such proceedings shall be continued and disposed of by the Registrar of Societies, as if 
it 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  other 
instruments issued or made under the said Act before the date of commencement of this Act, references to 
the  Registrar  of  Joint  Stock  Companies  or  the  Registrar  of  Companies  shall  be  deemed  to  be  and  be 
construed as references to the Registrar of Societies. 

[Vide the Orissa Act 21 of 1958, s. 4] 

1. The words and figures “under Act 19 of 1857” rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. See now the Companies Act, 1956 

(1 of 1956). 

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Orissa 

Amendment of Section 1.—In the Societies Registration Act, 1860 (21 of 1860), as applicable to the 
State of Orissa , section 1 shall  be renumbered as sub-section (1) thereof and after sub-section (1) as so 
renumbered, the following sub-sections shall be inserted, namely:— 

“(2) The State Government may, by notification, appoint one or more Additional Registrars with such 

local 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 State 
Government may authorize in that behalf.”. 

[Vide the Orissa Act 9 of 1979, s. 2] 

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  Pradesh 

appointed 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  as 
Principal Act) the section 1 shall be substituted as follows, namely:-- 

“1.  Societies  formed  by  memorandum  of  association  and  registration.---Any seven or more 
persons  associated  for  any  literary,  scientific  or  charitable  purpose,  or  for  any  such  purpose  as  is 
described  in  section  20  of  the  Act,  may,  be  digital  signature  of  their  name  in  online  form  of 
Memorandum  of  Association  and  rules  filling  the  same  online  with  the  Registrar  form  themselves 
into a society under this Act. 

[Vide Uttarakhand Act 4 of 2019, s. 2] 

 2.  Memorandum  of  association.—The  memorandum  of  association  shall  contain  the  following 

things (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  other 

governing 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 than 

three 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  Registrar 
shall  certify  under  his  hand  that  the  society  is  registered  under  this  Act.  There  shall  be  paid  to  the 
Registrar 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]. 

1. This section was amended in its application to Berar by s. 14 of the Central Provinces and Berar Vidya Mandir Act, 1939 (C. 

P. & B. Act 3 of 1940). 

2. The words “the Governors-General of India in Council” have been successively adapted by the A.O. 1937 and the A.O. 1950 

to read as above. 

3. The word “Govt.” has been successively adapted by the A.O. 1937 and the A. O. 1950 to read as above. 

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Orissa 

STATE AMENDMENT 

Insertion  of  a  new  section.—In  the  Societies  Registration  Act,  1860  (21  of  1860)  (hereinafter 

referred 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 be 
registered by a name which, in the opinion of the Registrar of Societies  is undesirable , being  a name 
identical  with  or,  which  in  the  opinion  of  the  Registrar  of  Societies    so  nearly  resembles  the  name  by 
which  any  other  existing  society  has  been  previously  registered  under  this  Act  or  anybody  corporate 
which has been incorporated or registered under  any other law for the time being in force as to be likely 
to deceive the public or members of either society or anybody corporate, or which, without  the previous 
permission  of  the  Government    concerned  ,  suggests  or  is  calculated  to  suggest  the  patronage  of  that 
Government  or  connection  with    anybody  constituted      by  that  Government    or  any  local  authority,  or 
which  may,  subject  to  any  rules  made  in  that  behalf,  be  deemed  to  be  undesirable  by  the  Registrar  of 
Societies.”. 

[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, vide 
Notification 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  as 
follows, namely:-- 

“3.    Registration  and  fees.—(1)  Upon  such  memorandum  and  its  digitally  signed  copy  being 
filed alongwith particulars of the address of Society office which will be registered address, by the 
secretary of the society on behalf of the persons subscribing to the memorandum, the Registrar shall 
certify  under  his  digital  signature  that  the  society  is  registered  under  this  Act,  For  every  such 
registration fees of five thousand five hundred and fifty rupees shall be paid to Registrar. For every 
such  registration  for  Youth/Women  Mangal  Dal,  Women  Group/Community  Group  fees  of  fifty 
rupees shall be paid. 

Provided further that the State Government may, by notification in the Official Gazette, increase 

from time to time the fee payable under this sub-section. 

Provided  further  that  the  Registrar  may,  in  his  discretion,  issue  public  offline  notice  or  issue 
offline notice to such persons as he thinks fit inviting offline objections, if any against the proposed 
registration 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  of 
registration  by  the  Registrar.  After  depositing  the  prescribed  fees,  the  digitally  signed  Society 
Registration Certificate shall be downloaded by the applicant. 

[Vide Uttarakhand Act 4 of 2019, s. 3] 

4. Annual list of managing body to be filed.—Oncein every year, on or before the fourteenth day 
succeeding  the  day  on  which,  according  to  the  rules  of  the  society,  the  annual  general  meeting  of  the 
society is held, or, if the rules do not provide for an annual general meeting, in the month of January, a list 
shall be filed with the Registrar of Joint-stock Companies, of the names, addresses and occupations of the 
governors, council, directors, committee, or other governing body then entrusted with the management of 
the affairs of the society. 

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Assam 

STATE AMENDMENT 

Insertion of new section 4A  in Act XXI of 1860.- After section 4 of the principal Act, the following 

new section shall be inserted, namely:- 

“4A.  Changes  in  managing  body  and  rules  to  be  filed.-(1)  Together  with  the  list  mentioned  in 
section  4,  there  shall  be  sent  to  the  Registrar  of  Joint  Stock  Companies  a  statement  showing  changes 
during the year to which the list relates in the personnel of the governors, council, directors, committee or 
other governing body to whom the management of the affairs of the society is entrusted and also a copy 
of the rules of the society corrected up-to-date and certified to be a correct copy by not less than three of 
the 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 not 
less than three members of the governing body, shall be sent to the Registrar of Joint Stock Companies 
within fifteen days of the making of such alterations.” 

[Vide Assam Act 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 sections 
shall be inserted, namely:- 

“4-A Changes in the list mention 4 and rules to be filed.—(1) Without prejudice to the provisions 
of section 4 any change in personnel on the list filed under the said section occurring during the  year to 
which 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  a 
correct copy by not less than three of the Governors, Directors or Members of the governing body, as the 
case  may  be,  shall  be  sent  to  the  Registrar  or  Societies  within  two  months  of  the  making  of  such 
alteration. 

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  person 
authorized  in  that  behalf  by  the  rules  and  regulations  of  the  Society  or  by  a  resolution  of  the 
governing body of the Society; or 

(b) Of the Chairman or, as the case may be,  the President of the governing body of the Society 
where is no such authorization, to file the list mentioned in section 4, or to send the intimation or as 
the case may be, 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 without 
reasonable cause to comply with the provisions thereof, he shall, on conviction, be punishable with fine 
which may extend to one hundred rupees. 

(2)  If  any  person  willfully  makes  or  causes  to  be  made  any  false  entry  or  alternation  in,  or  any 
omission from, the list filed under section 4 or any statement or copy of rules and regulations sent to the 
Registrar  of  Societies  under  section  4-A,  he  shall,  on  conviction,  be  punishable  with  fine  which  may 
extend 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 the 
provisions of section 4 and change in personnel on the list filed under said section occurring during 

8 

the year to which such list relates shall be intimated to the Registrar of Societies within two months of 
the making of such changes. 

(2) A copy of every alteration made in the rules and regulation of the society, certified to be a 
correct copy by not less than three of the Governors, Directors or members of governing body, as the 
case 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 person 
authorised  in  that  behalf  by  the  rules  and  regulations  of  the  society  or  by  a  resolution  of  the 
governing body of the society; or 

(b) of the Chairman, or as the case may be, the President of the governing body of the society 

where 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 copy 
mentioned in section 4A to the Registrar of Societies. 

4C.  Offence.-(1)  If  any  person  who  is  required  so  to  do  under  the  preceding  section  fails 
without  reasonable  cause  to  comply  with  the  provisions  thereof,  he  shall,  on  conviction,  be 
punishable 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 any 
omission from, the list filed under section 4 or any statement or copy of rules and regulations sent 
to  the  Registrar  of  Societies  under  section  4A,  he  shall  on, conviction, be  punishable  with fine 
which 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).] 

Arunachal 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, in 
section 4, there shall be sent to the Registrar a statement showing changes during the year to which 
the  list  relates  in  the  personnel  of  the  Governor,  council,  directors,  committee  or  other  governing 
body to whom the management of the affairs of the societies is entrusted and also a copy of the rules 
of the society corrected up-to-date and certified to be a correct copy by not less than three 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 not 
less than three members of the governing body, shall be sent to the Registrar within fifteen days of 
the making of such alteration.” 

[Vide Arunachal Pradesh Act 6 of 1978, s. 2 and the schedule] 

5. Property of society how vested.—Theproperty, movable and immovable, belonging to a society 
registered under this Act, if not vested in trustees, shall be deemed to be vested, for the time 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 by their proper title. 

Uttarakhand 

STATE AMENDMENT 

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 under 
this Act or any of its members to transfer, without the previous approval of the court, any immovable 
property belonging to any such society. 

9 

(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  meaning 

assigned 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, 1860 

shall be omitted. 

[Vide Uttarakhand Act 23 of 2014, s. 2] 

6. Suits by and against societies.—Everysociety registered under this Act may sue or be sued in the 
name of the president, chairman, or principal secretary, or trustees, as shall be determined by the rules and 
regulations of the society, and, in default of such determination, in  the name of such person as shall be 
appointed by the governing body for the occasion: 

Provided that it shall be competent for any person having a claim or demand against the society, to 
sue  the  president  or  chairman,  or  principal  secretary  or  the  trustees  thereof,  if  on  application  to  the 
governing body some other officer or person be not nominated to be the defendant. 

7. Suits not to abate.—Nosuit or proceeding in any Civil Court shall abate or discontinue by reason 
of the person, by or against whom such suit or proceedings shall have been brought or continued, dying or 
ceasing  to  fill  the  character in the  name  whereof  he shall have  sued or  been  sued,  but  the  same  suit or 
proceeding shall be continued in the name of or against the successor of such person. 

8.  Enforcement  of judgment  against  society.—Ifa judgment shall be recovered against the person 
or officer named 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. 

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. 

9.  Recovery  of  penalty  accruing  under  bye-law.—Wheneverby  any  bye-law  duly  made  in 
accordance with the rules and regulations of the society, or, if the rules do not provide for the making of 
bye-laws,  by  any  bye-law  made  at  a  general  meeting  of  the  members  of  the  society  convened  for  the 
purpose  (for  the  making  of  which  the  concurrent  votes  of  three-fifths  of  the  members  present  at  such 
meeting shall be necessary), any pecuniary penalty is imposed for the breach of any rule or bye-law of the 
society,  such  penalty,  when  accrued,  may  be  recovered  in  any  Court  having  jurisdiction  where  the 
defendant shall reside, or the society shall be situate, as the governing body thereof shall deem expedient. 

10. Members liable to  be sued as  strangers.—Anymember who may be in arrear of a subscription 
which according to the rules of the society he is 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, or shall injure or destroy any 
property of the society, may be sued for such arrear or for the damage accruing from such detention, injury, 
or destruction of property in the manner hereinbefore provided. 

Recovery  by  successful  defendant  of  costs  adjudged.—Butif the defendant shall be successful in 
any suit or other proceeding brought against him at the instance of the society, and shall be adjudged to 
recover  his  costs,  he  may  elect  to  proceed  to  recover  the  same  from  the  officer  in  whose  name  thesuit 
shall bebrought, or from the society, and in the latter case shall have process against the property of the 
said society in the manner above described. 

11.  Members  guilty  of  offences  punishable  as  strangers.—Anymember  of  the  society  who  shall 
steal, purloin or embezzle any money or other property, or wilfully and maliciously destroy or injure any 

10 

property of such society, or shall forge any deed, bond, security for money, receipt, or other instrument, 
whereby the funds of the 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 not a member would be subject and 
liable to in respect of the like offence. 

12. Societies enabled to alter, extend, or abridge their purposes.—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 to or for other 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  meeting  for  the  consideration  thereof  according  to  the 
regulations of the society; 

but  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  meeting  convened  by  the 
governing body for the consideration thereof, nor unless such proposition shall have been agreed to by the 
votes of three-fifths of the members delivered in person or by proxy, and confirmed by the votes of three-
fifths of the members present at a second special meeting convened by the governing body at an interval 
of one month after the former meeting. 

STATE AMENDMENT 

Assam 

Insertion of new sections 12A,12B and 12C in Act XXI of 1860.- After section 12 of the Societies 

Registration Act, 1860 (XXI of 1860), the following shall be inserted, namely:-- 

"12A. Change of name.--Any society registered under this Act may, with the consent of not less 
than two-thirds of the total number of its members' by a resolution at a general meeting convened for 
the purpose and subject to the provisions of section 12B, change its name. 

12B. Notice of change of name.--(1) Notice in writing of every change of name, signed by the 

Secretary and, by seven members of the society changing its name, shall be sent to the Registrar; 

(2)  If  the  proposed  name  is  identical  with  that  by  which  any  other  existing  society  has  been 
registered or, in the opinion of the Registrar, so nearly resembles such name as to be likely to deceive 
the public, the Registrar shall refuse to register the change of name. 

(3) Save as provided in sub-section (2), the Registrar shall, if he is satisfied that the provisions of 
this Act in respect of change of name have been complied with, register the change of name and the 
change of name shall have effect from the date of such registration. 

12C. Effects of change of name.--The change in the name of a society registered under this Act 
shall not affect any rights or obligations of the society or render defective any legal proceeding by or 
against the society, and any legal proceeding which might have been continued or commenced by or 
against it by its former name may be continued or commenced by or against it by its new name". 

[Vide Assam Act 14 of 1948, s. 2] 

Orissa 

Amendment of a section 12, Act (21 of 1860).—In section 12 of the principal Act— 

(a)  in  the  first  paragraph  after  the  words  “any  other  society”  the  words  “  or  whenever  the 

governing body of any such society decides to change the name of the society” shall be inserted; 

(b) after the second paragraph the following proviso shall be inserted, namely:— 

11 

“Provided  that  no  proposition  for  amalgamation  shall  be  carried  into  effect  unless  it  has  been 
considered,  agreed  to  and  confirmed  by  all  the  concerned  societies  in  the  manner  prescribed  in  this 
section”. 

[Vide the Orissa Act 8 of 1969, s. 3] 

Orissa 

Insertion of new sections 12-A, 12-B and 12-C, Act 21 of 1860.—After section 12 of the principal 

Act the following new sections shall be inserted, namely:— 

12-A.  Registration  of  change  of  name.—(1)  Where  a  proposition  for  change  of  name  has  been 
agreed to and confirmed in the manner prescribed by section 12, a copy of the proposition so agreed to 
and confirmed shall be forwarded to the Registrar of Societies for registering the change of name.  If the 
proposed  name  is  identical  with  that  by  which  any  other  existing  society  has  been  registered  or  in  the 
opinion  of  the  Registrar  so  nearly  resembles  the  name  of  such  other  society  as  is  likely  to  deceive  the 
public or the members of either society, the Registrar shall refuse to register the change of name. 

(2) Save as provided in sub-section (1), the Registrar shall, if he is satisfied that the provisions of this 
Act in respect of the change of name have been complied with, register the change of name and issue a 
certificate of registration altered to meet the circumstances of the case. On the issue of such certificate the 
change of name shall be complete. 

(3) The Registrar shall charge for any copy of a certificate issued under sub-section (2) a fee of rupee 

one and all fees so paid shall be accounted for to the State Government. 

12-B. Effect of change of name.—The change in the name of a society shall not affect any rights or 
obligations of the society or render defective any legal proceeding by or against the society; and any legal 
proceeding which might have been continued or commenced by or against it by its former name may be 
continued or commenced by or against it by the new name. 

12-C.  Registration  of  change  of  name  effected  before  commencement  of  the  societies 
Registration Amendment.—If any society registered under this Act has, before the date of the coming 
into  force  of  the  Societies  Registration  (Orissa  Amendment)  Act,  1969  intimated  to  the  Registrar  the 
change  of  its  name  and  if  the  Registrar  has  recorded  such  change  the  Registrar  may,  notwithstanding 
anything contained in this Act, on an application made by the society in this behalf and on payment of 
fees as provided in sub-section (3) of section 12-A register the change of such name and issue a certificate 
to the society under sub-section (2) of the said section. On the issue of such certificate the change shall be 
deemed to be complete from the date on which such change was recorded by the Registrar.” 

[Vide the Orissa Act 8 of 1969, s. 4] 

Orissa 

Amendment of section 12A.—In the principal Act, in section 12A,— 

(a) for sub-section (1), the following sub-sections shall be substituted, namely:— 

“(1) Where  a  proposition for  change  of name  has  been  agreed to  and  confirmed  in  the  manner 
prescribed by section 12, a copy of the proposition so agreed to and confirmed shall be forwarded to 
the Registrar  of Societies for registering  the change of name”. 

(1A) The Registrar of Societies may refuse to register the change of name, if he is of the opinion 

that the proposed change of name is undesirable for any of the reasons mentioned in section 3A.”.  

(b) after sub-section (3), the following  sub-section shall be inserted, namely:— 

12 

“(4) if, through inadvertence or otherwise a society is registered by a name which is identical with 
or,  which  in  the  opinion  of  the  Registrar  of  Societies  so  nearly  resembles  the  name  by  which  any 
other existing  society  has been previously registered under this Act or any body corporate which has 
been  incorporated  or  registered  under  any  other  law  for  the  time  being  in  force  or  any  body 
constituted by the Government  or any local authority the  Registrar  of Societies may after hearing 
the  party  concerned    direct  the  society  to  change    the  name  and  the  society  shall  change    its  name 
within  a  period  of    three  months  from  the  date  of  issue  of  the  direction  in  accordance  with  the 
provisions of this Act, or such longer period as the Registrar of Societies may think fit to allow.”. 

[Vide the Orissa Act 6 of 2013, s. 3] 

Insertion of a new section.—In the principal Act, after section 12-C, the following section shall  be 

inserted, namely:— 

12-D.  Registrar’s  power  to  cancel  registration  in  certain  circumstance.—(1)  Notwithstanding  
anything    contained in this  Act, the  Registrar  may,  be  order in  writing    ,  cancel  the  registration  of any 
society on any of the following grounds, namely:— 

(a) the registration of the society, or  its name or change of name is contrary to the provisions of 

this Act or of any other law for the  time being in force; or 

(b) its activities or, opposed activities have been, or are subversive  of the objects of the society or 

proposed to public policy; or  

(c) the registration certificate has been obtained by misrepresentation  of fact or fraud; or 

(d) the society fails to comply the direction issued under sub-section (4) of section 12-A: 

Provided that no order of cancellation of registration of any society shall be passed until the society 
has been given a reasonable opportunity of altering its name or objects or of showing cause against the 
action proposed to be taken in regard to it.”. 

[Vide the Act Orissa Act 6 of 2013, s. 4] 

Union territory of Ladakh 

Section 12.— 

(i) after "any other society", insert "or whenever the governing body of any such society decides 

to change the name of the society"; and 

(ii) after the words "after the formal meeting" insert-- 

"Provided  that  no  proposition  for  amalgamation  shall  be  carried  into  effect  unless  it  has  been 
considered,  agreed  to  and  confirmed  by  all  concerned  societies  in  the  manner  prescribed  in  this 
section.”. 

Insertion of new sections— 

After section 12, insert— 

"12A.  Registration  of  change  of  name.-(1)  Where  a  proposition  for  change  of  name  has 
been agreed to and confirmed in the manner prescribed by section 12, a copy of the proposition 
so agreed to and confirmed shall be forwarded to the Registrar for registering the change of name 
and  if  the  proposed  change  in  the  name  is  in  his  opinion  undesirable  for  any  of  the  reasons 
mentioned in section 3A, the Registrar shall refuse to register the change of name. 

(2)  Save  as  provided  in  sub-section  (1),  the  Registrar  shall,  if  he  is  satisfied  that  the 
provisions of this Act in respect of change of name have been complied with, register the change 

13 

of name and issue a certificate of registration altered to meet the circumstances of the case, and 
on the issue of such a certificate the change of name shall be complete. 

(3) The Registrar shall charge for any copy of a certificate issued under sub-section (2), a fee 
of  rupee  five  hundred  and  all  fees  so  paid  shall  be  accounted  for  to  the  Administration  of  the 
Union territory of Ladakh. 

(4) If, through inadvertence or otherwise, a society is registered by a name which should not 
have been registered (due regard being had to the provisions of section 3A), the Registrar may, 
after  hearing  the  party  concerned  direct  the  society  to  change  the  name;  and  the  society  shall 
change its name within a period of three months from the date of the direction in accordance with 
the provisions of this Act, or such longer period as the Registrar may think fit to allow. 

12B. Effect of change of name.-The change in the name of society shall not affect any rights 
or obligations of the society or render defective any legal proceeding by or against the society and 
any  legal  proceeding  which  might  have  been  continued  or  commenced  by  or  against  it  by  its 
former name may be continued or commenced by or against it by its new name. 

12C. Maintenance of accounts and their balancing and accounting.-(1) Every governing 
body  entrusted  with  the  management  of  the  affairs  of  a  society  registered  under  this  Act  shall 
keep regular accounts. 

(2) Such accounts shall be kept in such form as may be approved by the Registrar, and shall 

contain such particulars as may be prescribed by rules. 

(3) The accounts shall be balanced each year on the 31st day of March or such other day as 

may be fixed by the Registrar. 

(4) The accounts shall be audited annually in such manner as may be prescribed by rules and 
by a person who is a Chartered Accountant within the meaning of the Chartered Accountants Act, 
1949 (38 of 1949), or by such persons as may be authorised in this behalf by the Administration 
of the Union territory of Ladakh. 

12D. Auditor's duty to prepare balance sheet and report irregularities, etc.-(1) It shall be 
the duty of every auditor auditing the accounts of a society under section 12C to prepare balance-
sheet and income and expenditure account and to forward a copy of the same to the Registrar. 

(2)  The  auditor  shall  in  his  report  specify  all  cases  of  irregular,  illegal  or  improper 
expenditure or failure or omission to recover money or other property belonging to the society or 
of loss or waste of money or other property thereof, and state whether such expenditure, failure, 
omission,  loss  or  waste  was  caused  in consequence  of  branch  of  trust or  misapplication  or  any 
other misconduct on the part of the governing body or any other person.". 

[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Second Order, 2020, vide 
Notification No. S.O.3805(E), dated (26-10-2020).] 

Arunachal Pradesh 

After section 12, the following sections shall be inserted namely:- 

“12A. Change of name.—A society registered under this Act may, with the consent of not less than 
two-thirds  of  the  total  number  of  its  members,  by  a  resolution,  at  a  general  meeting  convened  for  the 
purpose and subject to the provisions of section 12B change its name.” 

“12B.  Notice  of  change  of  name.—(1)  Notice  in  writing  of  every  change  of  name,  signed  by  the 

Secretary and by seven members of the society, shall be sent to the Registrar. 

(2) If the proposed name is identical with that by which any other existing society has been registered 
or, in the opinion of the Registrar, so nearly resembles such name as to be likely to deceive the public, the 
Registrar shall refuse to register the change of name. 

14 

(3) Save as provided in sub-section (2), the Registrar shall, if he is satisfied that the provisions of this 
Act  in  respect  of  change  of  name  shall  have  been  complied  with,  register  the  change  of  name  and  the 
change of name shall have effect from the date such registration.”. 

“12C.Effect  of  change  of  name.—The  change  in  the  name  of  a    society  registered  under  this  Act 
shall  not  effect  any  right  or  obligation  of  the  society  or  render  defective  any  legal  proceeding  by  or 
against  the  society  and  any  legal  proceeding  which  might  have  been  continued  or  commenced  by  or 
against it by its former name may be continued or commenced by or against it by its changed name.” 

[Vide Arunachal Pradesh Act 6 of 1978, s. 2 and the Schedule] 

13.  Provision  for  dissolution  of  societies  and  adjustment  of  their  affairs.—Anynumber not less 
than three-fifths of the members of any society may determine that it shall be dissolved, and thereupon it 
shall be dissolved forthwith, 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, its claims and liabilities, according to the rules of 
the  said  society  applicable  thereto,  if  any,  and,  if  not,  then  as  the  governing  body  shall  find  expedient 
provided that, in the event of any dispute arising among the said governing body or the members of the 
society, the adjustment of its affairs shall be referred to the principal Court of original civil jurisdiction of 
the district in which the chief building of the society is situate; and the Court shall make such order in the 
matter as it shall deem requisite: 

Provided that no society shall be dissolved unless three-fifths of the members shall have expressed a 
wish for such dissolution by their votes delivered in person, or by proxy, at a general meeting convened 
for the purpose: 

Provided  that  1 [whenever  any  Government]  is  a  member  of,  or  a  contributor  to,  or  otherwise 
interested  in  any  society  registered  under  this  Act,  such  society  shall  not  be  dissolved  2[without  the 
consent of the Government of the State of registration]. 

STATE AMENDMENT 

Assam 

Amendment of section 13 of Act XXI of 1860.- In section 13 of the said Act,-- 

(a)  after  the  words  "as  the  governing  body"  the  words  "or  special  Committee  formed  to 
replace the governing body in respect of all matters affecting the winding up of the affairs of the 
Society;" shall be inserted; 

(b) after the words "the said governing body" the words "should it not have been replaced by 
the aforesaid special Committee in respect of all matters affecting the winding up of the Society, 
or the said special Committee,’’ shall be inserted. 

(2)  After  section 13 of  the  Act,  the  following  proviso  shall  be  inserted  as  the  first  proviso, 

namely:- 

Provided that any matter decided by three-fifths of those present either in person or by proxy at 
any  meeting  of  the  members  of  the  Society  or  of  the  governing  body  thereof  or  of  any  special 
Committee appointed at a General Meeting for the purpose of winding up of the affairs of a Society 
shall not be deemed to be a matter of dispute within the meaning of this section. 

[Vide Assam Act 15 of 1948, s. 2] 

1. Subs. by the A.O. 1937, for “whenever the Government”. 
2. Subs., ibid,.for “without the consent of Government”. 

15 

                                                      
Arunachal Pradesh 
In section 13:-- 

(a) after the words “as the governing body”, the words “or special committee formed to replace 
the  governing  body  in  respect  of  all  matters  affecting  the  winding  up  of  the  affairs  of  the  society” 
shall be inserted; 

(b) after the words “the said governing body”, the words “should it have not been replaced by the 
aforesaid special committee in respect of all matters affecting the winding up of the society, or the 
said special committee” shall be inserted; 

(c)  in  the  second  proviso,  for  the  words  “Government  of  the  State  of  registration”,    the  word 

“Administrator” shall be substituted; 

(d) after the second proviso, the following further proviso shall be inserted, namely:-- 
 Provided  further  that  any  matter  decided  by  three-fifth  of  those  present  either  in  person  or  by 
proxy  at  any  meeting  of  the  members  of  the  society  or  of  any  governing  body  thereof  or  of  any 
special  committee  appointed  at a  general  meeting  for the  purpose  of  winding  up  of the affairs of a 
society shall not be deemed to be a matter of dispute within the meaning of this section.” 

[Vide Arunachal Pradesh Act 6 of 1978, s. 2 and the Schedule] 

14.  Upon  a  dissolution  no  member  to  receive  profit.—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 any of 
them, but shall be given to some other society, to be determined by the votes of not less than three-fifths 
of  the  members  present  personally  or by  proxy  at the  time  of  the  dissolution,  or,  in  default  thereof,  by 
such Court as aforesaid: 

Clause not to apply to Joint-stock Companies.—Provided, however, that this clause 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. 

STATE AMENDMENT 

Assam 

Amendment of section 14 of Act XXI of 1860.—In section 14 of the said Act, after the words “some 

other society,” the words “whether registered under this Act or not,” shall be inserted. 
[Vide Assam Act 15 of 1948, s. 3] 
Tripura  

Amendment of Central Act XXI of 1860 by inserting a new section 14A—In its application to the 

Union territory of Tripura, after section 14 insert the following new section, namely—  

“14A. Disposal of property of a dissolved society.—Notwithstanding anything contained in section 
14 it shall be lawful for the members of any society dissolved under section 13 to determine by a majority 
of the votes of the members present personally or by proxy at the time of the dissolution of such society 
that any property whatsoever remaining after the satisfaction of all the debts and liabilities shall be given 
to the Government of Tripura to be utilised for any of the purposes referred to in section 1.  
[Vide Tripura Act 5 of 1969, s. 2] 

15. Member defined. Disqualified members.—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; but in all proceedings under this Act no person 
shall  be  entitled  to  vote  or  be  counted  as  a  member  whose  subscription  at  the  time  shall  have  been  in 
arrear for a period exceeding three months.  

16.  Governing  body  defined.—The governing body of the society shall be the governors, council, 
directors,  committee,  trustees  or  other  body  to  whom  by  the  rules  and  regulations  of  the  society  the 
management of its affairs is entrusted. 

17.  Registration  of  societies  formed  before  Act.—Any  company  or  society  established  for  a 
literary,  scientific,  or  charitable  purpose,  and  registered  under  1Act  43  of  1850,  or  any  such  society 

1. Rep. by the Indian Companies Act, 1866 (10 of 1866), s. 719, see now the Companies Act, 1956 (1 of 1956). 

16 

                                                      
established and constituted previously to the passing of this Act but not registered under the said 3Act 43 
of 1850, may at any time hereafter be registered as a society under this Act; subject to the proviso that no 
such company or society shall be registered under this Act unless an assent to its being so registered has 
been  given  by  three-fifths  of  the  members  present  personally,  or  by  proxy,  at  some  general  meeting 
convened for that purpose by the governing body. 

In the case of a company or society registered under 3Act 43 of 1850, the directors shall be deemed to 

be such governing body. 

In  the  case  of  a  society  not  so  registered,  if  no  such  body  shall  have  been  constituted  on  the 
establishment of the society, it shall be competent for the members thereof, upon due notice, to create for 
itself a governing body to act for the society thenceforth. 

18. Such societies to file memorandum, etc., with Registrar of Joint-stock Companies.—In order 
to any such society as is mentioned in the last preceding section obtaining registry under this Act, it shall 
be  sufficient  that  the  governing  body  file  with  the  Registrar  of  Joint-stock  Companies  1 ***  a 
memorandum showing the name of the society, the objects of the society, and the names, addresses and 
occupations  of  the  governing  body,  together  with  a  copy  of  the  rules  and  regulations  of  the  society 
certified as provided in section 2, and a copy of the report of the proceedings of the general meeting at 
which the registration was resolved on. 

Union territory of ladakh 

STATE AMENDMENT 

Section 18.—For "Registrar of Joint-Stock Companies", substitute "Registrar of Societies". 

[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Second Order, 2020, vide 
Notification No. S.O. 3805(E), dated (26-10-2020).] 

19. Inspection of documents, Certified copies.—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 any part of any document, to be certified by the Registrar, on 
payment of two annas for every hundred words of such copy or extract; and such certified copy shall be 
prima facie evidence of the matters therein contained in all legal proceedings whatever. 

Union territory of ladakh 

Section 19.—For "Registrar", substitute "Registrar of Societies". 

STATE AMENDMENT 

[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Second Order, 2020, vide 
Notification No. S.O. 3805(E), dated (26-10-2020).] 

Arunachal Pradesh 

In section 19,  for the words “two annas”, the words fifteen paise” shall be substituted. 

[Vide Arunachal Pradesh Act 6 of 1978, s. 2 and the Schedule] 

Uttarakhand 

Substitution of section 19.—In Principal Act section 19 shall be substituted as follows, namely:-- 

“19. Inspection of documents, Certified copies.—Any person may inspect all document files with 
the  Registrar  under  this  act  on  payment  of  a  fee  of  thee  hundred  rupees  for  each  inspection;  and  any 
person may require a digitally signed copy or extract of any documents or any part of any document or 
any part of any documents, to be digitally certified by the Registrar on payment of rupees one hundred as 
ordinary fee and rupees two such copy or extract and digital signed copy shall  prima facie evidence of 
the matters therein contained in all legal proceedings whatever. 

1. The words and figures “under Act 19 of 1857”, rep. by Act 16 of 1874, s. 1 and the Schedule, Pt. 1, see now the Companies 

Act, 1956 (1 of 1956). 

17 

                                                      
Provided further that the State Government may, by notification in the Official Gazette, increase from 

time to time the fee payable under this sub-section. 

[Vide Uttarakhand Act 4 of 2019, s. 5] 

20. To what societies Act applies.—The following societies may be registered under this Act:—  

Charitable societies, the military orphan funds or societies established at the several presidencies of 
India,  societies  established  for  the  promotion  of  science,  literature,  or  the  fine  arts,  for  instruction,  the 
diffusion  of  useful  knowledge,1[the  diffusion  of  political  education]  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  of  paintings  and  other  works  of  art,  collections  of  natural  history,  mechanical  and 
philosophical inventions, instruments, or designs. 

Assam 

STATE AMENDMENT 

Insertion of new sections 21 and 22 in Act XXI of 1860.- After section 20 of the principal Act, the 

following new section shall be inserted, namely:- 

“21.  Penalties.—(1)  if  the  President,  Secretary  or  any  other  person  authorized  in  this  behalf  by  a 
resolution of the governing body of the society fails to comply with the provisions of section 4, he shall, 
on  conviction,  be  punishable  with  fine  which  may  extend  to  five  hundred  rupees  and  in  case  of  a 
continuing breach, shall also be punishable with fine not exceeding fifty rupees for each day, during the 
period the breach continues after first conviction for such offence. 

(2) If any person willfully makes or causes to be made any false entry in, or any omission from, the 
list required by section 4, or in or from any statement of copy of rules or of alterations in rules sent to the 
Registrar  of  Joint  Stock  Companies  under  section  4A,  he  shall,  on  conviction,  be  punishable  with  fine 
which may extend to two thousand rupees. 

Arunachal Pradesh 

After section 20, the following sections shall be inserted, namely:- 

“21. Penalties.—(1) If the President, Secretary or any other person authorised in this behalf by a 
resolution of the governing body of the society fails to comply with the provisions of section 4A, he 
shall, on conviction be punishable with fine which may extend to five hundred rupees and in case of a 
continuing breach, shall also be punishable with fine not exceeding fifty rupees for each day, during 
the period the breach continue after the first conviction for such offence. 

(2) If any person willfully makes or causes to be made any false entry in, or any commission from 
the list required by section 4,  or in or from any statement or copy of rules or of alterations in rules 
sent  to  the  Registrar  under  section  4A,  he  shall,  on  conviction,  be  punishable  with fine  which  may 
extend to two thousand rupees. 

22. Procedure.—(1) No court inferior to that of a Judicial Magistrate of the first class shall try 

any offence punishable under this Act. 

Explanation.—Judicial Magistrate of the first class for the purposes of this Act means the Deputy 
Commissioner,  Additional  Deputy  Commissioner,  Assistant  Commissioner  and  Extra  Assistant 
Commissioner  who  has  been  empowered  under  the  Assam  Frontier  (Administration  of  Just) 
Regulation, 1945 (1 of 1945), to administer justice in the territory of Arunachal Pradesh. 

(2)  No.  court  shall  take  congnizance  of  an  offence  punishable  under  this  Act  except  upon 

complaint made by the Registrar or any other person, authorised in writing by him, in this behalf.” 

[Vide Arunachal Pradesh Act 6 of 1978, s. 2 and the Schedule] 

1. Ins. by Act 22 of 1927, s. 2. 

18 

                                                      
22. Procedure.—(1) No Court inferior to that of a Magistrate of the First Class shall try an offence 

punishable under this Act. 

(2) No Court shall take cognizance of an offence punishable under this Act except upon complaint 
made by the Registrar of Joint Stock Companies or any other person, authorized in writing by him, in this 
behalf.” 

[Vide Assam 11 of 1952, s. 3] 

19 

