The Societies Registration (Haryana Amendment) Act, 2001

1.

Amendment of Section 3 of Central Act 21 of 1860 2.

Amendment of Section 4 of Central Act 21 of 1860 3. 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.".

4. In Section 19 of the principal Act,-

1. (i) for the words "one rupee", the words "twenty rupees" shall be substituted; and
2. (ii) for the words "twenty-five naye paise for every hundred words", the words "ten rupees per page or part thereof" shall be substituted. 1. Short title 1. This Act may be called the Societies Registration (Haryana Amendment) Act, 2007. 2. Insertion of section 1A in Central Act 21 of 1860 2. 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,-

1. (a) "prescribed" means prescribed by rules made under this Act;
2. (b) "State Government" means the Government of the State of Haryana."." 3. Insertion of section 3A in Central Act 21 of 1860 3. After section 3 of the principal Act, the following section shall be inserted, namely: -- "3A. Refusal of registration.-

1. (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. (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) 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 or contrary to public policy."." 4. Insertion of sections 12C, 12D and 12E in Central Act 21 of 1860 4. After section 12B of the principal Act, the following sections shall be inserted, namely:- "12C. Maintenance of accounts and their balancing and auditing.-(1) Every governing body entrusted with the management of the affairs of a society registered under this Act shall keep regular accounts.
3. (2) The accounts shall be kept in such form as may be approved by the Registrar, and shall contain such particulars as may be prescribed.
4. (3) The accounts shall be balanced each year on the 31st day of March or on such other day as may be fixed by the Registrar.
5. (4) The accounts shall be audited annually in such manner as may be prescribed and by a person who is a chartered accountant within the meaning of the Chartered Accountants Act, 1949 (Act 38 of 1949), or by such person as may be authorized in this behalf by the State Government.

1. (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 caused in consequence of breach of trust or misapplication or any other misconduct on the part of the governing body or any other person.

(a) that the registration of the society or of 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; (b) that its activities or proposed activities have been or are or will be subversive of the object of the society or opposed to public policy; (c) that the registration certificate has been obtained by misrepresentation or fraud; (d) that the society is carrying on any unlawful activity or allows unlawful activity to be carried on within any premises under the control of the society: 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 object or of showing cause against the action proposed to be taken in regard to it. (2) An appeal against an order made under sub-section (1) may be preferred to such authority and within such time and in such manner as may be prescribed. (3) The decision of the authority under sub-section (2) shall be final."." 5. Amendment of section 16 of Central Act 21 of 1860 5. In section 16 of the principal Act, after the words and signs "committee, trustees,", the words "trustee mandal" shall be inserted. 6. Insertion of section 16A in Central Act 21 of 1860 6. After section 16 of the principal Act, the following section shall be inserted, namely :-- "16A. Duties, functions and powers of governing body.- The duties, functions and powers of governing body of the society shall be such as may be prescribed."." 7. Insertion of sections 22 to 32 in Central Act 21 of 1860 7. After section 21 of the principal Act, the following sections shall be added at the end, namely:, "22. Power of Registrar to call for information., (1) The Registrar may, by written order, require any society to furnish in writing such information or document within such time, being ordinarily not less than three weeks from the date of receipt of the order by the society, as he may specify in the order in connection with the affairs of the society or any documents filed by the society under this Act. (2) On receipt by the society of an order under sub-section (1), it shall be the duty of the President, Secretary or any other person authorized in this behalf to furnish such information or documents.

1. (2) It shall be the duty of every office-bearer of the society when so required by the Registrar or other person authorised under sub-section
2. (1) to produce any books of account and other records of or relating to the society which are in his custody and to give him all assistance in connection with such inspection or investigation.
3. (3) The Registrar or other person authorized under sub-section
4. (1) may call upon and examine on oath any office-bearer, member or employee of the society in relation to the affairs of the society and it shall be the duty of every office-bearer, member or employee, when called upon, to appear before him for such examination.
5. (4) The Registrar or other person authorized under sub-section
6. (1) may, if in his opinion it is necessary for the purpose of inspection or investigation, seize any or all the records including account books of the society: Provided that any person from whose custody such records are seized shall be entitled to make copies thereof in the presence of the person seizing such records.
7. (5) On the conclusion of the inspection or investigation, as the case may be, the person, if any, appointed by the Registrar to inspect or investigate shall make a report to the Registrar on the result of his inspection or investigation.
8. (6) The Registrar may, after such inspection or investigation, give such directions to the society or to its governing body or any office-bearer thereof, as he may think fit, for the removal of any defects or irregularities within such time as may be specified and in the event of default in taking action according to such directions, the Registrar may proceed to take action under section 12E or section 30, as the case may be.

Provided that the election of an office-bearer shall be set aside where the prescribed authority is satisfied,

1. (a) that any corrupt practice has been committed by such office-bearer; or
2. (b) that the nomination of any candidate has been improperly rejected; or
3. (c) that the result of the election insofar as it concerns to such office-bearer has been materially affected by the improper acceptance of any nomination or by the improper reception, refusal or rejection of any vote or the reception of any vote which is void or by any non-compliance with the provisions of any rules of the society. Explanation I., A person shall be deemed to have committed a corrupt practice who, directly or indirectly, by himself or by any other person,
   • (i) induces, or attempts to induce, by fraud, intentional misrepresentation, coercion or threat of injury, any elector to give or to refrain from giving a vote in favour of any candidate, or any person to stand or not to stand as, or to withdraw or not to withdraw from being a candidate at the election;
   • (ii) with a view to inducing any elector to give or to refrain from giving a vote in favour of any candidate, or to inducing any person to stand or not to stand as, or to withdraw or not to withdraw from being a candidate at the election, offers or promises any gratification to any person;
   • (iii) abets (within the meaning of the Indian Penal Code) the doing of any of the acts specified in clauses
   • (i) and (ii);
   • (iv) induces or attempts to induce a candidate or elector to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual censure;
   • (v) commits such other practice as the State Government may prescribe to be a corrupt practice. Explanation II., A promise of individual advantage or profit to a person includes a promise for the benefit of the person himself, or of anyone in whom he is interested. Explanation III., The State Government may prescribe the procedure for hearing and decision of doubts or disputes in respect of such elections and make provision in respect of any other matter relating to such elections for which insufficient provision exists in this Act or in the rules of the society.

1. (2) Where by an order made under sub-section (1), an election is set aside or an office-bearer is held no longer entitled to continue in office or where the Registrar is satisfied that any election of office-bearers of a society has not been held within the time specified in the rules of that society, he may call a meeting of the general body of such society for electing such office-bearer or office-bearers, and such meeting shall be presided over and be conducted by the Registrar or by an officer authorized by him, and the provisions of the rules of the society relating to meetings and elections shall apply to such meeting and election with necessary modifications.
2. (3) Where a meeting is called by the Registrar under sub-section (2), no other meeting shall be called for the purpose of election by any other authority or by any person claiming to be an office-bearer of the society. Explanation., For the purposes of this section, the expression 'prescribed authority' means an officer or court authorized in this behalf by the State Government by notification published in the Official Gazette.

information required to be furnished under section 22 or wilfully makes or causes to be made a false entry in, or any omission from, the list or any statement or copy of rules or of alteration in rules or other information sent to the Registrar under the said section; (b) wilfully fails, neglects or refuses to maintain, balance and audit accounts as required under section 12C; (c) wilfully fails to produce any books of account or other records or to give assistance under sub-section (2) of section 23; (d) wilfully fails to appear before the Registrar or other person authorised by him or otherwise contravenes the provisions of sub-section (3) of section 23, shall be punishable with fine which may extend to five thousand rupees.

1. (2) On the payment of such composition fee, the suspected person shall be discharged and no further proceeding shall be taken against him, and if any prosecution has been instituted, the composition shall have the effect of his acquittal.

1. (2) Sending of a notice, order or requisition to the Secretary of the society by registered post at its registered office shall amount to sufficient service thereof on the society.

(ii) that the society is not functioning democratically or the elections have not taken place within the specified time, or the elections have taken place fraudulently or against the clauses of memorandum of association; (iii) that the office-bearers have been nominated against the clauses of memorandum of association or the rules of the society; (iv) that the number of members in a trustee mandal has been purposely kept below seven, the Registrar may recommend to the State Government to appoint an Administrator: Provided that no adverse order shall be passed unless an opportunity of being heard has been given to the concerned society: Provided further that the action of the Registrar in this behalf shall be final and no appeal shall lie in any court against such action. (2) The State Government may, by order published in the Official Gazette, appoint an Administrator of such society who shall not be below the rank of Deputy Secretary for such period, not exceeding six months, as may be specified in the order, to manage the affairs of the society: Provided that for reasons to be recorded in writing, the State Government may, by like order, extend the said period for a further duration of six months. (3) On the appointment of the Administrator under sub-section (2), the governing body of the society shall cease to exercise any powers and perform and discharge any functions or duties conferred or imposed on it by this Act, or its memorandum of association or the rules and regulations or any other law and subject to any directions which the State Government may from time to time issue, all such functions or duties shall be performed or discharged by the Administrator. (4) The Administrator shall, before the expiry of the period of his appointment, take necessary action to convene the general body meeting of the society and hold election for the constitution of the governing body. (5) If the Administrator is, for reasons beyond control, unable to convene the general body meeting or in spite of such meeting being convened the general body fails to elect the governing body, the Administrator shall forthwith send a report to the State Government who may pass such orders as are considered necessary, either extending the period of appointment of the Administrator for a further duration or if satisfied that public interest so requires, for the dissolution of the society. (6) The State Government may, if it thinks fit, appoint a committee to advise and assist the Administrator appointed under sub-section (2) in the exercise of the powers and performance and discharge of the duties and functions conferred or imposed on him under this Act. The members of the committee shall have such qualifications as may be prescribed and shall hold office during the pleasure of the State Government. (7) Where an order of dissolution is passed under sub-section (5), the assets of the society shall vest in and the liabilities shall devolve on the State Government.

1. (2) In particular and without prejudice to the generality of the foregoing power, the State Government may make rules,
   • (a) prescribing the form of the register of societies and the mode in which entries relating to registration are to be made therein, and the mode in which such entries are to be amended or notes made therein;
   • (b) regulating the filing of documents received by the Registrar;
   • (c) prescribing the particulars to be contained in the form of accounts under sub-section
2. (2) of section 12C;
   • (d) prescribing the manner in which the accounts shall be audited under sub-section
3. (4) of section 12C;
   • (e) prescribing the authority before whom and the time within which an appeal shall be preferred under sub-section
4. (2) of section 12E;
   • (f) prescribing the duties, functions and powers of governing body of the society under section 16A;
   • (g) prescribing conditions for the inspection of original documents and regulating the grant of copies of documents under section 13;
   • (h) prescribing the procedure for hearing and decision of doubts or disputes in respect of elections under sub-section
5. (1) of section 24;
   • (i) prescribing the manner in which fees payable under this Act shall be paid under section 28;
   • (j) prescribing the qualifications of members of committee under sub-section
6. (6) of section 30;
   • (k) providing for any other matter for which there is no provision or insufficient provision exists in this Act and for which provision is, in the opinion of the State Government, necessary for giving effect to the purposes of this Act.
7. (3) Every rule made under this Act shall be laid, as soon as may be, after it is made, before the House of the State Legislature, while it is in session, if the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule."