Chapter 2 REGISTRATION OF SOCIETIES

Societies to which the Act applies.—Societies may be registered under this Act, including those for the following purposes, and if their profit or other income arise, which are intended to promote their such objectives and which are not pay any dividends or not distribute any income or profits among their members, namely:—

1. (i) for the promotion of charity;
2. (ii) for the promotion of education, culture, science, literature or arts;
3. (iii) for the promotion of sports;
4. (iv) to impart and advance knowledge relating to commerce and industry and any other useful knowledge;
5. (v) to establish and maintain library or reading rooms or public museum, art galleries and other art institutions for the general use of members or the general public;
6. (vi) for the promotion and conservation of natural resources, land, energy, water, forest and other infrastructure as may be notified by the Government from time to time;
7. (vii) for the collection of natural history, mechanical or philosophical inventions, instrument or designs.

Condition for registration.—No society, including one which Government is a member, shall be registered unless it has at least seven members who has completed the age of eighteen years and the members shall be Indian citizens.

Manner of formation of societies.—Subject to the provisions of section 4, the members who associate or come together for any purpose specified in section 3, may form a society including their names in the memorandum of association and taking steps for registration in accordance with the provisions of this Act and the rules made thereunder.

Memorandum of Association.—(1) The memorandum of association of every society shall contain the following particulars, namely:—

1. (i) name of the society;
2. (ii) the objects of the society;
3. (iii) area of operation of the society;
4. (iv) the name, address and occupation of the members of the governing body, committee, directors or members of the governing body for carrying out its affairs as per the rules, and Government approved identification card number;
5. (v) the place at which the registered office of the society is situated.

1. (2) The rules and regulations of the society, which shall include provisions regarding membership, its general meetings, proceedings at such meetings including their voting, governing body and proceedings of meetings of the governing body, shall be registered along with the memorandum of association.
2. (3) The memorandum and rules and regulations of the society shall be printed or typed, be divided into paragraphs and consecutively numbered and each member of the memorandum shall include his address, description, along with government approved identity card number, age and occupation, if any, and shall sign in the presence of at least one witness and the witness shall attest signature of such persons and shall also include his address, description along with government approved identity card number and occupation, if any.

Societies not to be registered with undesirable names.—No society shall be registered in a name which, in the opinion of the Registrar, is undesirable or a name which resembles the name of a society already registered.

Registration of societies.—(1) For registration, the memorandum of association and rules and regulations of the society shall be submitted to the Registrar along with application and fee as may be prescribed.

1. (2) If the Registrar is satisfied that all the provisions of this Act and the rules made thereunder have been complied with, he shall keep the memorandum of association and the rules and regulations, and register the society within seven days, affix his signature and seal certifying that the society is duly registered, and issue a Certificate of Registration.
2. (3) If the Registrar refuses to register the society, the said matter shall be intimated within thirty days and an appeal may be filed before the Inspector General of Registration against the said order within sixty days from the date of receipt of such intimation: Provided that in case where no such appeal is filed, on satisfying the reasonable cause, by condoning the delay, the Appellate Authority shall have the power to extend the period of appeal not exceeding thirty days.

Validation for existing societies.—All societies registered or deemed to be registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act,1955 (12 of 1955) or under the Societies Registration Act, 1860 (Central Act 21 of 1860) and have valid registration for the time being by filing return in time on the date of commencement of this Act, shall be deemed to be registered under this Act:

Registered office of society Registered office of society.—(1) A society shall, within twenty one days from the date of its registration, have a registered office in the State, to which all communications and notices to be addressed.

1. (2) The governing body of the society shall inform the Registrar of the location of the registered office and any change thereto, as the case may be, within twenty one days from the date of registration of the society or from the date of such change, and the Registrar shall record the same.
2. (3) If the governing body of a society fails to comply with the provisions of this section, such governing body shall be liable to pay a fine, not less than one thousand rupees which may extend to ten thousand rupees.

Amendment of Memorandum of Association.—(1) The governing body of the society shall, if it deems fit, circulate to the members the proposal as a report, as may be prescribed, to amend the memorandum of association, shall convene a special general meeting of the society in accordance with the rules and regulations to consider the said amendment: Provided that no such amendment proposal shall be deemed to be approved unless, notice has been delivered or sent by post or by electronic mode to every members twenty one days prior to the special general body meeting convened for the consideration thereof, and three-fourths of the members who are entitled to vote are present in person or where proxies are allowed, by proxy, and confirmed by the majority of their votes, and confirmed by a similar majority at a second special general meeting convened thirty days after such meeting.

1. (2) Every amendment to the memorandum of association approved as per sub-section
2. (1) shall be submitted to the Registrar within thirty days from its approval, and if the Registrar is satisfied that such amendment is in conformity with the provisions of this Act and the rules made thereunder, and may be filed on payment of such fee, as may be prescribed, and such amendment shall take effect from the date of filing: Provided that no such amendment shall have effect unless it is so filed: Provided further that, if the Registrar is satisfied that there is reasonable cause for non filing of such amendment in time, it shall be filed by paying the prescribed fine not exceeding one thousand rupees along with fees.
3. (3) If the filing of an amendment to the memorandum of association under sub-section
4. (2) is refused, an appeal may be filed before the Inspector General of Registration within sixty days from the date of the intimation of refusal: 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.
5. (4) A revision may be filed before the Government against the order of refusal of the Inspector General of Registration within thirty days from the date of receipt of the notice of refusal.
6. (5) The Government may on its own motion, where there is no appeal filed under sub-section
7. (3) or on an order passed by the Inspector General of Registration in disposing of an appeal, pass an appropriate order.

Amendment of rules and regulations.—(1) The provisions of the rules and regulations of a society, may be amended by a resolution passed by a special meeting convened for that purpose of which notice, as may be prescribed, shall be given to every member of the society, twenty one days prior to the date of such meeting: Provided that no such resolution shall be deemed to be approved unless, three-fourths of the total members who are entitled to vote are present in person or where proxies are allowed, by proxy, and confirmed by simple majority of their votes.

1. (2) Every resolution for amendment passed under sub-section
2. (1) shall be filed before the Registrar within thirty days from the date of its passing and if the Registrar is satisfied that such amendment is in conformity with the provisions of this Act and the rules made thereunder, the amendment may be filed on payment of the fees, as may be prescribed, and it shall take effect from the date of filing: Provided that no such amendment shall have effect, unless it is so filed: Provided further that, if the Registrar is satisfied that there is reasonable cause for non filing of such amendment in time, it shall be filed by paying the prescribed fine not exceeding one thousand rupees along with fees.
3. (3) If the filing of an amendment as per sub-section
4. (2) is refused by the Registrar, an appeal may be filed by the aggrieved person before the Inspector General of Registration within sixty days from the date of intimation of such refusal: 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.
5. (4) A revision may be filed before the Government against the order of refusal by the Inspector General of Registration within thirty days from the date of receipt of the notice of refusal.
6. (5) The Government may on its own motion, where there is no appeal filed under sub-section
7. (3) or on an order passed by the Inspector General of Registration in disposing of an appeal, pass an appropriate order.

Vesting of property of society.—The property, movable-immovable, belonging to a society registered under this Act, if not otherwise provided shall be deemed to be vested in the governing body and in all proceedings civil and criminal, may be described as the property of the governing body of such society by their proper title.

Society to keep a register of members.—(1) Every society shall keep a register of its members wherein the following particulars are entered, namely:—

1. (a) name, address and occupation of the members;
2. (b) date of receipt of membership;
3. (c) date of cessation of membership.

1. (2) On default of complying with the requirements of the provisions of this section, the governing body shall be liable to pay the fine not exceeding one thousand rupees, as may be prescribed.