Vidhi Codex

Bare Act

Chapter IV REGISTRATION OF SOCIETY

Corporate202632 sections12 chapters
Read full ActSections

Chapter IV REGISTRATION OF SOCIETY

5. Application for registration of society and society not to be registered with identical names

Statutory text
  1. (1) An application for approval of the name as well as registration of a society shall be filed with Registrar, in whose jurisdiction the registered office of the society is situate, in such form, including particulars, accompanied by fee and in such manner, as may be prescribed: Provided that 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 name.
  2. (2) No society shall be registered with a name which contravenes the provisions of the Emblems and Names (Prevention of the Improper Use) Act, 1950.
  3. (3) No society shall be registered with the previous approval of the Government in writing, with a name which contains any of the following expression, namely:––
    • (a) Co-operative or Land Development;
    • (b) Reserve Bank;
    • (c) Union or State or National or International or Universal or any word expressing or implying the sanction, approval or patronage of the Central Government or any State Government or the Union territory Administration;
    • (d) Municipal or Panchayat or Chartered; and
    • (e) Investigation Bureau or any word which suggests or is calculated to suggest connection with any municipality, statutory, investigating or intelligence agency or other local authority.

Chapter IV REGISTRATION OF SOCIETY

6. Certificate of registration

Statutory text
  1. (1) If the Registrar after scrutiny of the documents presented along with the application is satisfied that the applicant has complied with all the provisions of this Regulation and the rules made thereunder, he shall, enter the particulars of the society registered, in a register maintained by him in physical or electronic form and issue a certificate of registration in such form and manner, as may be prescribed. Explanation.––For the purposes of this sub-section, the expression “electronic form” shall have the same meaning as assigned to it in clause (r) of sub-section (1) of section 2 of the Information Technology Act, 2000.
  2. (2) If the Registrar refuses to register a society, he shall state the reasons therefor and communicate the same to the applicant, within such period as may be prescribed.
  3. (3) Every society registered shall be assigned a distinct registration number.
  4. (4) Every existing society shall apply to the Registrar for obtaining a new registration number within a period of one year from the date of commencement of this Regulation or such further period, as the Government may, by notification, specify in such form and manner, as may be prescribed.
  5. (5) Where an existing society has not applied for obtaining a new registration number under sub-section (4) within the period specified therein, then it shall apply for obtaining new registration on payment of such fee, as may be prescribed, within a period of six months from the date of expiry of the period specified therein and if the society fails to apply for new registration number within the extended period, the registration of that existing society shall be treated as cancelled.
  6. (6) The certificate of registration shall be the conclusive proof that a society is duly registered unless proved otherwise.
  7. (7) Every society registered under this Regulation shall prominently display its name along with registration number outside its registered office or any other place where it is carrying on its business or operations, and shall have a seal with its name engraved thereon and the name of society, registration number and its registered office shall be mentioned in all documents executed in its favour or on its behalf.
  8. (8) Every society registered under this Regulation shall be a legal entity, by the name in which it has been registered, having perpetual succession and a common seal, with the power, subject to the provisions of this Regulation, to acquire, hold and dispose of property, both movable and immovable, and to contract and to institute and defend suits and other legal proceedings and to do all other things necessary for the furtherance of the aims of the society for which it has been registered.

Chapter IV REGISTRATION OF SOCIETY

7. Change of name and address

Statutory text
  1. (1) Every society shall have a registered office, to which all communications and notices shall be addressed.
  2. (2) The information about every change in the name and address of the society shall be communicated to the Registrar within a period of thirty days from the date of change, who shall record the same in the certificate of registration and the register of societies.
  3. (3) The change of name shall not affect the rights and liabilities of the society or any legal proceedings by or against it.

PDF: pending for this language.