Bihar Societies (NGO) Registration Act
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 as amended by the State]
By filing Memorandum of Association and certified copy of Rules and Regulations along with a fee of Rs.10/- (Sec. 3).
All documents to be filed with the Inspector General of Registration, Patna.
The Inspector General will issue a certificate of registration in Form ‘A’. He / she will also send a certificate of acknowledgement in Form ‘B’ by post (rule 6).
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).
Society can also change its name with consent of three-fifths of its members (Sec. 12A). Seven members, including secretary, should sign notice of change. This notice should be sent to Registrar. The change becomes effective when approved by the Registrar (Sec. 12B).
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). A list showing changes in Governing Body during the year should also be filed. Also file a corrected and certified copy of rules of the Society (Sec. 4A).
Any change in rules of the society should be intimated within 15 days of the change. This should also be certified by at least three governing body members (Sec. 4A).
Audited figures of Receipts and Expenditure for each financial year should be approved in a general meeting of the society. This should be filed within three months of end of the year. An activity report should also be filed along with this (rule 10).
Every society should also file a quarterly ‘Return on employment and employee compensation’ in Form – H. The return should be filed within fifteen days of end of each quarter (rule 11).
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
After dissolution majority of members can decide to give the property (left after settlement of all debts and liabilities) to the Government (Sec. 14-A).
Inspector General of Registration can cancel the registration of a society. This can be done if the society moves its office to another state or its activities are against its own objects (Sec. 23).
Any one can see the documents of the society on payment of Re.1. Copies can also be taken (Sec. 19, rules 15 to 18).
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