Hyderabad Area ... The Hyderabad Public Societies Registration Act,

1350F

2. It is desirable to have an uniform law for the registration of Literary, Scientific, Charitable and other Societies in the State and the Bill has been prepared for this purpose.

3. The Bill has been drafted generally on the lines of the Mysore Societies Registration Act, 1904, which though based on the Central Act, contains some additional provisions which are very useful safeguards to ensure the proper working of Societies registered under the Act.

(Obtained from notification No. 1218 LC, dated 6th November 1958, PART IV—2-A, as No. 1218, at page. 15.)

II

Amending Act 26 of 1965.—Section 27 as it stands now empowers the Registrar of Societies to conduct enquiries if it appears to him that it is carrying on any unlawful activity or is allowing any unlawful activity to be carried on. The Registrar has jurisdiction over the entire State and he has many other items of work to attend to. It may not therefore be possible for him to conduct all such enquiries by himself. It would be desirable to provide for his authorising some other officers to conduct such enquiries. The amendment empowers the Registrar to delegate the powers of enquiry into the activities of the societies to some person authorised by him.

Hence the Bill.

( Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 28th September 1965 at page. 7.)

III

Amending Act 20 of 1975.—Some of the Societies are finding it inconvenient to render returns on the basis of the calendar year under existing provisions of the Mysore Societies Registration Act 1960. It is proposed to amend the Act so as to enable societies to adopt any periods of twelve months according to their choice.

Opportunity has been taken to enhance the fees payable by the Societies for certain purposes in view of the increase in the cost of administration of the department.

(Published in Karnataka Gazette, Part IV-2A dated 23rd November 1972, at page. 12.)

IV

Amending Act 65 of 1976.—When a general body meeting is not or cannot be held and a new governing body is not or cannot be elected, the affairs of a society constituted under the Karnataka Societies Registration Act, 1960 will go into a stalemate. Where the society is, for example one which has been given large Government aid by way of land or cash, or is running big educational institutions, a stalemate in the top management body would cause much hardship or harm to many and would affect public interest very considerably. When such a stalemate arises, there is no remedy in the existing Karnataka Societies Registration Act, 1960; there is no provision in the Karnataka Societies Registration Act for the appointment of an Administrator to temporarily manage the affairs of such a society until a valid election is held and a new governing body takes charge.

It was therefore considered necessary to amend the Karnataka Societies Registration Act, 1960 to provide for the appointment of an Administrator in the above mentioned situation. Provision is made in general terms that where any society has not held or is unable to hold the annual general body meeting or where the terms of office has been expired and a new governing body has not been constituted or where the State Government consider it necessary in public interest so to do, an Administrator may be appointed for a short period. It is further provided that the Administrator should take steps to convene the general body meeting and hold elections for the constitution of the new governing body before his term expires. In other words the whole thing is a stop-

gap arrangement. Hence the Ordinance was promulgated by insertion of new section

27-A after section 27 of the Karnataka Societies Registration Act, 1960.

(Obtained from LC Bill No. 14 of 1976.)

V

Amending Act 7 of 1978.—Registration of all Societies is now being done at Bangalore. There are nearly 17,000 Societies in the State. The Registrar of Societies feels it very difficult to have effective control over all those societies. Moreover, inconvenience is caused to the public to come to Bangalore from remote corners of the State for registration of clubs, societies, etc. It is therefore considered necessary to decentralise this work.

At present a society could be registered under the Act for the development of among other things, sports other than horse racing. It is considered necessary to extend the scope of the Act to horse racing also.

It is considered necessary to increase the total period for which Administrator could be appointed from 2 years to 4 years and to provide for the appointment of an Advisory Council to assist the Administrator.

Some other consequential amendments are also made. As the matter was urgent an Ordinance was promulgated.

This Bill seeks to replace the said Ordinance.

(Published in Karnataka Gazette, (Extraordinary), PART IV—2-A, dated 18th March

1978, as No. 268, at page. 3.)

VI

Amending Act 48 of 1986.—The proviso to section 27A of the Karnataka Societies Registration Act, 1960 provides for extending the period of appointment of the Administrator prospectively. It is considered necessary to empower the Government to extend the period of appointment of the Administrator, retrospectively also.

Hence the Bill.

(Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 25th August 1986 as No. 653 at page 3.)

VII

Amending Act 11 of 1990.—To give effect to the proposals made in the Budget Speech, it is considered necessary to amend the Karnataka Societies Registration Act, 1960.

Hence the Bill.

(Published in Karnataka Gazette (Extraordinary) Part IV-2A, dated 30th March 1990, as No. 155, at page. 28.)

VIII

Amending Act 9 of 1999.- To implement the Participatory Irrigation Management, the High level working group has suggested certain amendments to the Karnataka Societies Registration Act, 1960 to enable the water users societies to fully implement the programmes.

Therefore, it is considered necessary to amend section 3 of the Karnataka Societies Registration Act, 1960 to provide for the proper use of the natural resources and scarce infrastructural facilities like land, power, water, forest and other resources.

Hence the Bill.

(Obtained from L.A. Bill No. 24 of 1997) (File No. SAMVYASAIE 23, SHASANA 97).

IX

Amending Act 7 of 2000.- To give effect tot he proposals made in the Budget Speech, it is considered necesary to amend the Karnatak Stamp Act, 1957 and the Karnataka Societies Registration Act, 1960.

(Obtained from L.A. Bill No. 8 of 2000)

X

Amending Act 6 of 2002.- To give effect to the proposals made in the Budget Speech, it is considered necessary to amend the Karnataka Stamp Act, 1957 and the Karnataka Socieities Registration Act, 1960.

Hence the Bill.

XI

Amending Act 38 of 2011.- At present there is no time limit provided in the Karnataka Societies Registration Act, 1960 within which the Registrar has to accept or reject an amendment to rules and regulations submitted by a society. Therefore, it is proposed to amend section 10 of the Karnataka Societies Registration Act, 1960 to give effect to the amendment proposed by the societies from the date of passing of the resolution, if the amendment is approved by the Registrar. A provision to condone the delay in submission of the resolution after the period of thirty days is also proposed.

Hence the Bill.

[L.A. Bill No. 44 of 2011, File No. Samvyashae 38 Shasana 2011] [Entry 32 of List II of the Seventh Schedule to the Constitution of India.]

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1[KARNATAKA ACT] No. 17 OF 1960

(First published in the

1[Karnataka Gazette] on the Third day of November 1960.)

THE

1[KARNATAKA] SOCIETIES REGISTRATION ACT, 1960.

(Received the assent of the Governor on the Twenty-fifth day of October 1960.)

(As Amended by Karnataka Acts 26 of 1965, 20 of 1975, 65 of 1976, 7 of 1978, 48 of 1986, 11 of 1990 9 of 1999, 7 of 2000, 6 of 2002 and 38 of 2011 .)

An Act to provide for the registration of literary, scientific, charitable and other societies.

WHEREAS it is expedient to provide for the registration of literary, scientific, charitable and other societies in the

1[State of Karnataka] ;

BE it enacted by the

1[Karnataka State]

Legislature in the Eleventh Year of the Republic of India as follows:—

1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.

1. Short title, extent and commencement.- (1) This Act may be called the

1[Karnataka] Societies Registration Act, 1960.

1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.

1. (2) It extends to the whole of the 1[State of Karnataka] .

1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.

1. (3) It shall come into force on such 1[date] as the State Government may by notification in the official Gazette appoint.

1. Act came into force on 15.6.1961.

2. Definitions.- In this Act, unless the context otherwise requires,—

1. (a) “governing body” means 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;
2. (b) “member” means a person who, having been admitted to membership of a society in accordance with the rules and regulations thereof, shall have paid his subscription and 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 to be counted as a member whose subscription at the time shall have been in arrear for a period exceeding three months;
3. (c) “prescribed” means prescribed by rules made under this Act;
4. (d) “registered society” means a society registered or deemed to be registered under this Act; 1[(e) ‘Registrar’ means such officer as the State Government may, by notification, appoint to perform the duties and functions of the Registrar under this Act, in such area as may be specified in the notification and where no such officer is appointed, the Inspector General of Registration in Karnataka.]

¹ Substituted by Act 7 of 1978 w.e.f. 29.9.1977.

1[(f) ‘year’ means the year ending on the 31st day of December or in the case of any society or class of societies the accounts of which are made up to any other date with the previous sanction of the Registrar, the year ending with such date.]

¹ Inserted by Act 20 of 1975 w.e.f. 1.7.1975.

3. Societies to which the Act applies.- The following societies may be registered under this Act,—

Societies established for,—

1. (a) the promotion of charity;
2. (b) the promotion of education, science, literature, or the fine arts;
3. (c) the promotion of sports 1[x x x] ;
4. (d) the instruction and the diffusion of knowledge relating to commerce or industry or of any other useful knowledge;
5. (e) the diffusion of political education;
6. (f) the foundation or maintenance of libraries or reading rooms for general use among the members or open to the public, or of public museums and galleries of painting and other works of art; 1[(ff) the promotion of conservation and proper use of natural resources and scarce Infrastructural facilities like land, power, water, forest and such other resources and infrastructural facilities, as may be notified by the State Government from time to time.]
7. (g) the collection of natural history, mechanical and philosophical inventions, instruments or designs; and which intend to apply their profits, if any, or other income in promoting their objects and prohibit the payment of any dividend or distribution of any income or profits among their members.

¹ Omitted by Act 7 of 1978 w.e.f. 29.9.1977.

¹ Inserted by Act 9 of 1999 w.e.f. 26.4.1999.