Lakshadweep Registration of Societies Regulation, 2025
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47. Legal representation and authority
- (1) The committee or any office bearer of the society authorised in this behalf by its bye-laws, may bring or defend any action or other legal proceedings touching or concerning any property or any right or claim of the society and may sue or be sued in its name.
- (2) No suit or other legal proceedings shall abate due to any vacancy or change in the position of the President, the Secretary or any office bearer authorised under sub-section (1).
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48. Enforcement of judgment
The judgment which shall be delivered against any office bearer of the society, shall not be enforced against such office bearer or his property, either movable or immovable, but shall be enforced against the property of the society.
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49. Appeal and review in case of matters, other than penalties
- (1) Any society or person aggrieved by an order of the Registrar may, prefer an appeal to the Registrar General within a period of sixty days from the date of issuance of such order.
- (2) Any society or person aggrieved by an order of the Registrar General, may file an application in such form, as may be prescribed, before the Government within a period of sixty days from the date of issuance of such order.
- (3) Any society or person who fails to file the aforesaid appeal or application, as the case may be, within the period of sixty days, and if the society or person has shown sufficient cause for not preferring the appeal or application within such period, such appeal or application may be entertained even after the expiry of the said period, but not later than another sixty days.
- (4) The decision of the Government shall be final and binding on the parties.
- (5) Every appeal or application referred to in this section shall be in such form and accompanied by such fee as may be prescribed.
- (6) Notwithstanding anything contained in this section, an order passed by the Registrar or the Registrar General may be reviewed by such prescribed authority, on an application filed by the aggrieved party within a period of ninety days from the date of issuance of such order.
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50. Registrar General and other officers to be public servants
Every officer exercising or authorised to exercise powers under this Regulation or the rules made thereunder shall be deemed to be a public servant within the meaning of clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023 and clause (c) of section 2 of the Prevention of Corruption Act, 1988.
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51. Protection of action taken in good faith
No suit, prosecution or other legal proceedings shall lie against the Registrar General or any officer or official subordinate to him or acting under his authority, in respect of anything done or intended to be done in good faith under this Regulation.
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52. Acts or proceedings not to be invalidated by certain defects
No act or proceedings of a society or any of its office bearer, shall be deemed to have been invalid merely by reason of any vacancy or defect in the organisation of the society.
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53. Mode of service of notice or order
Any notice, order or requisition meant for a society or for the Governing Body thereof to be issued by the Registrar or the Registrar General or any other person or body related to it, shall be served on the President or Secretary of the society, and such services shall be effectual as if the same had been served on every member.
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54. Public document
All documents filed by a society with the Registrar under this Regulation shall be deemed to be public documents within the meaning of section 74 of the Bharatiya Sakshya Adhiniyam, 2023.
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55. E-governance
The Government may, as soon as possible, introduce e-governance for effective and efficient administration of the provisions of this Regulation, and upon implementation of such a solution, all or part of the transactions, forms, payments, and other services under this Regulation, may be administered in the electronic or online mode.
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56. Governance
Save as otherwise provided in this Regulation, the provisions of this Regulation shall have effect notwithstanding anything inconsistent therewith contained in any other laws of the Union territory, for the time being in force.
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57. Bar of jurisdiction of civil courts
No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Registrar, the Registrar General, or any other authority empowered under this Regulation is required to determine; and no injunction shall be granted by any court or other authority in respect of any action taken in pursuance of any power conferred by or under this Regulation.
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58. Settlement of disputes, distribution of surplus, fees and recovery of dues
- (1) Any dispute relating to membership, including admission, termination or rights of members, shall be decided by the Registrar or such authority as may be specified under the rules and the decision of the Registrar in this regard shall be binding, subject to appeal as provided under section 49.
- (2) The utilisation or distribution of any surplus, dividend or profit among the members shall be subject to the conditions and limits as may be prescribed ensuing transparency and equitable benefit-sharing.
- (3) The fees payable for registration, filing of documents, inspections, certifications or any other service rendered under this Regulation shall be such as may be prescribed.
- (4) Any amount due to the Government, the Registrar or the society under this Regulation, including penalties or prescribed fees, shall be recoverable as arrears of land revenue in such manner, as may be prescribed.
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59. Power to issue directions
The Government shall issue such directions to any society, as it may deem appropriate, for the proper enforcement of the provisions of this Regulation and the rules made thereunder.
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60. Power to make rules and laying
- (1) The Administrator may, by notification, make rules not inconsistent with the provisions of this Regulation, for carrying out the purposes of this Regulation.
- (2) Every rule made under this Regulation shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree 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.
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61. Act to have overriding effect
The provisions of this Regulation shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force in the Union territory.
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62. Removal of difficulties
- (1) If any difficulty arises in giving effect to the provisions of this Regulation, the Administrator may, by an order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Regulation, as may appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of the period of two years from the date of commencement of this Regulation.
- (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
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63. Repeal and saving
- (1) The Societies Registration Act, 1860, in its application to the Union territory of Lakshadweep is hereby repealed.
- (2) Notwithstanding such repeal, anything done or any action taken under the said Act (including any order, rule, regulation, instructions, certificate or bye-laws) in the exercise of any power conferred by or under the repealed Act shall be deemed to have been done or taken in the exercise of the powers conferred by corresponding provisions of this Regulation.
- (3) Subject to sub-section (4) of section 6, any society registered at any place in the Union territory of Lakshadweep under the Societies Registration Act, 1860, shall be deemed to have been registered under this Regulation, and its principal office shall be deemed to be the registered office: Provided that—
- (i) the Memorandum and the bye-laws of any such society, to the extent they are inconsistent with any of the provisions of this Regulation and the rules made thereunder, shall be brought in conformity with the provisions of this Regulation within a period of two years from the date of commencement of this Regulation or within such further period as the Government may allow, and thereafter, to the extent of such repugnancy or inconsistency, be deemed to be void and of no effect;
- (ii) any officer elected or appointed to and holding office immediately before the commencement of this Regulation shall continue to hold such office until the expiry of his term of office or until such office is lawfully terminated.
- (4) Nothing under this Regulation shall affect any right, privilege, obligation, liability or punishment provided under the repealed Act: Provided that any investigation or proceedings, including proceedings for dissolution, or the supersession of the Governing Body or appointment of an administrator commenced before the coming into force of this Regulation, shall be continued and conducted in accordance with the provisions contained in this Regulation.
- (5) The mention of particular matters referred to in this section shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897, with regard to the effect of repeal.
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