Chapter 6 ENQUIRY AND PROCEDURE OF REGISTRAR

Registrar to maintain a register of societies.—(1) The Registrar shall maintain a register of societies which shall be entered the name of every society, full address of the office registered, the date of its registration and the details of the document filed in pursuance of the provisions of this Act.

1. (2) The memorandum and all other documents relating to each society shall be kept separately in the manner, as may be prescribed.
2. (3) Where the Registrar has reasonable cause to believe that a society is not functioning, he shall send to the registered office of and not less than two members of the office bearers of society by post a registered letter inquiring whether the society is functioning.
3. (4) If the Registrar either receives an answer from society to the effect that it is not functioning or does not receive any answer within one month after sending the letter referred to in sub-section (3), the same shall be published in the Gazette and sent to the society by post a registered notice that at the expiration of three months from the date of that notice, the name of the society mentioned therein will be removed, unless cause is shown to the contrary, be struck off from the register as defunct.

Enquiry by the Registrar.—(1) The Registrar may, suo motu or on the application of the majority of the members of the governing body or of not less than one-third of the members of the society, hold an enquiry on the functioning of the society directly or by entrusting an officer not below the rank of Sub Registrar by order in writing.

1. (2) The Registrar or the person authorised by him under sub-section
2. (1) shall have the following powers,—
   • (i) he shall, at all reasonable times, have free access to the books, accounts, documents, deposits, cash and other properties belonging to or in the custody of the society and may summon any person in possession or responsible for the custody of any such books, accounts, documents, deposits, cash or other properties to produce the same at any place at the registered office of the society or any branch thereof;
   • (ii) he shall summon any person who, he has reason to believe, has knowledge of any of the affairs of the society to appear before him at his office or at the registered office of the society or any branch thereof and may examine such person on oath;
   • (iii) he may notwithstanding anything contained in this Act or in any rule or regulation prescribing the period of notice for a general meeting of the society, require the governing body of the society to call a general meeting at such time and place at the registered office of the society or any branch thereof.
3. (3) If the governing body of the society refuses or fails to call a meeting, the Registrar or the person referred to in sub-section
4. (2) shall have the power to call it himself and any meeting so called shall have all the powers of a general meeting called under the rules and regulations of the society and its proceeding shall be regulated by such rules or regulations.
5. (4) When an enquiry is made under this section, the Registrar shall communicate the report of the enquiry to the society concerned, and the society shall act accordingly if the Registrar had directed any action on the report.

Powers of the Inspector of society.—The Inspector of society shall have the following powers,—

1. (i) for monitoring the functions of the society;
2. (ii) to conduct enquiry;
3. (iii) to summon any person who, he has reason to believe, has knowledge of any of the affairs of the society to appear before him at the registered office of the society or any branch thereof or at the office of the Registrar of the society and may examine such person on oath;
4. (iv) to inspect the accounts and balance sheet of the society and to furnish report thereof.

Recovery of loss due to the society.—

1. (1) Where in the course of an enquiry under section 35, it appears that any person who had taken part in the affairs or management of the society or any past or present President, Chairperson, Secretary, other office bearers, member of the governing body, officer or any employee of the society has misappropriated or retained or created liability for any money or property of the society, or has been guilty of misfeasance or breach of trust in relation to the society, the Registrar may, on a report received from the officer or on an application received from the governing body of the society or of his own motion, examine into the conduct of such person and after giving reasonable opportunity to the person concerned to submit his explanation, pass an order requiring him to repay or restore the money or property or any part thereof, as the case may be, with interest at such rate as the Registrar thinks fit or to contribute such sum to the assets of the society by way of compensation with regard to the misappropriation, retain, misfeasance or breach of trust as the Registrar thinks fit.
2. (2) The order of the Registrar under sub-section
3. (1) shall be final unless it is set aside by the Inspector General of Registration on an appeal filed before him within sixty days from the date of communication of the order: Provided that in case where no such appeal is filed on satisfying the reasonable cause, by condoning the delay, the Appellate Authority may have the power to extend the period of appeal not exceeding thirty days.
4. (3) Any person aggrieved by an order of rejection of appeal by the Inspector General of Registration under sub-section
5. (2) may file a revision before the Government within thirty days of the intimation of such rejection.
6. (4) The Government may on its own motion, where there is no appeal filed under sub-section
7. (2) or revision filed under sub-section (3), pass an appropriate order.
8. (5) Any sum ordered under this section to be remitted to a society or recovered as a contribution to its assets may on a requisition being made in this behalf by the Registrar, be recovered by the Kerala Revenue Recovery Act, 1968 (15 of 1968) in the same manner as arrears of land revenue.

Cancellation of Registration and dissolution of certain societies.—

1. (1) If it appears to the Registrar that, any society registered or deemed to be registered under this Act, is carrying on any unlawful activity or allows unlawful activity to be carried by the society, the Registrar may hold an enquiry or authorize any officer not below the rank of Sub Registrar to hold an enquiry into the activities of such society and obtain a report and while holding such an enquiry, the Registrar or the authorized officer shall have the same powers as are specified in section 36.
2. (2) If on an enquiry under sub-section (1), the Registrar is satisfied that any such society has been carrying on any unlawful activity or has allowed any unlawful activity to be carried on within the premises under the control of the society, he shall, after giving a notice to the society to show cause why the registration of the society should not be cancelled after allowing 30 days time for filing explanation, by order cancel the registration of the society and direct dissolution of the society, and thereupon the assets of the society shall be distributed, and the liabilities discharged, in the same manner as if the society had been dissolved under section 30.
3. (3) An appeal may be filed before the Government against any order passed by the Registrar under sub-section (2), within sixty days from the date of receipt of the order, and the decision on such appeal shall be final. Explanation.—For the purposes of this section, an activity shall be deemed to be unlawful if such activity is an offence punishable under any provision of law for the time being in force.

Appointment of Administrator.—

1. (1) Notwithstanding anything contained in this Act, the Government shall appoint an expert in the field as administrator, by order, for such period, not exceeding six months, as may be specified in the order, to manage the affairs of the society,—
   • (a) where any society on account of the pendency of litigation or otherwise has not held or is unable to hold the annual general meeting; or
   • (b) where the term of office of the members of the governing body of a society has expired and a new governing body has not for any reason been constituted; or
   • (c) where on a report made by the Registrar or otherwise, on enquiry, the Government considers it necessary in public interest so to do, for such society: Provided that, before issuing such order, a notice shall be published on the notice board of the Head Office/website of the society demanding to submit any objection to the Government on issuance of such an order within a specified time as mentioned in the notice, and such objections shall be considered: Provided further that, if the Government is satisfied that the appointment of an administrator is urgent in the public interest the administrator may be appointed by relaxing the above proviso: Provided also that for reasons to be recorded in writing, the Government may, by order, extend either prospectively or retrospectively, the said period by any further period not exceeding six months at a time, so however subject to the provisions in sub-section (5), the aggregate period shall not extend beyond four years.
2. (2) The expenditure incurred by the Government towards salary and allowances of the administrator shall be paid to the Government from the funds of the society: Provided that the Government may considering the public interest and reasons to be recorded, may relax the above provision.
3. (3) On the appointment of the administrator under sub-section
4. (1) and during the period of such appointment, the governing body of the society shall cease to exercise any power and perform or discharge any function or duty 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 Government may from time to time issue, all such functions or duties shall be performed or discharged by the administrator.
5. (4) If the term of governing body expire before the expiry of the term of appointment of the administrator, the administrator shall, before the expiry of the period of his appointment take necessary steps to conduct elections for the constitution of the elected governing body into power.
6. (5) If the administrator, for reasons beyond his control, not able to convene the general body meeting to elect the governing body, the administrator shall forthwith report to the Government and the Government may pass such orders as are considered necessary, either extending the period of appointment of the administrator for a further period or if satisfied that public interest so requires, for the dissolution of the society: Provided that, before issuing such order by the Government a showcause notice shall be published on the notice board of the Head Office/website of the society demanding to submit any objections to the issuance of such an order within a specified time and such objections shall be considered.
7. (6) The Government may, if it thinks fit, appoint an Advisory Committee expert in the concerned field, in consultation with the administrator to advise and assist the administrator appointed under sub-section
8. (1) in exercise of the powers and performance and discharge of the duties and functions conferred or imposed on him under this Act. The Advisory Committee shall hold office during the tenure fixed by the Government.
9. (7) Where an order of dissolution is passed under sub-section (5), the assets, if any, remaining after discharging its liabilities shall vest in the Government.