The British passed the Societies Registration Act in India in 1860. The Act was based on The Literary and Scientific Institutions Act, which was passed in England in 1854.
The main Act is simple enough. However, the states have power (Charitable and Religious institutions fall under state list) to amend the main Act for their own state. Many states have amended the main Act, These amendments cause confusion in section references, such as Section 4A for Bihar is different from section 4A for Goa. Others have passed their own independent Act.
It has proved very complex task to get the latest amendments for each state. Therefore, please reconfirm the information presented here before taking any important decisions.
[Societies Registration Act, 1860]
By filing Memorandum of Association and certified copy of Rules and Regulations along with a fee of Rs.50/- (Sec. 3). All documents to be filed with the Registrar of Joint Stock Companies.
You can alter the objects of the society, or merge with another society. For this, you have to convene two general body meetings (at interval of one month).
Three-fifths of the members have to approve the change (Sec. 12).
List of Governing Body Members
File it every year within 14 days of annual general meeting. If general meetings are not held, file this in the month of January (Sec. 4).
No specific provisions.
At least three-fifths (60%) of the general body members have to vote for dissolution of the society at a special meeting. Government’s consent is also required if it is a member or a contributor or interested in the society (Sec. 13).
Disposal of Property upon dissolution
A society’s property cannot be distributed among its members. Three-fifths of the members present at the time of dissolution can decide to give the property (left after satisfaction of all debts and liabilities) to another society (Sec. 14). However, this clause will not apply to any Society, which has been established by the contributions of shareholders in the nature of a Joint Stock Company.
Any one can see the documents of the society on payment of Re.1. Copies can be taken and also can be certified by Registrar of Joint Stock Companies (Sec. 19).
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