Chapter IV REGISTRATION OF SOCIETY

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5. Application for registration of society and society not to be registered with identical names

Statutory text

(1) An application in such form, accompanied by such fee, containing such particulars, in accordance with such procedure, as may be prescribed for getting approval of the name of the society as well as for its registration, shall be filed with the Registrar, in whose jurisdiction the registered office of the society is situated, along with the Memorandum and the bye-laws prepared in accordance with the provisions of this Regulation: Provided that if the proposed name is identical with that by which any other existing society has been registered or, in the opinion of the Registrar, so nearly resembles such name as to be likely to deceive the public, the Registrar shall refuse to register the name.
(2) No society shall be registered with a name which contravenes the provisions of the Emblems and Names (Prevention of the Improper Use) Act, 1950.
(3) No society shall be registered without the previous approval of the Government in writing, with a name which contains any of the following expressions, namely:—
- (i) Co-operative or Land Development;
- (ii) Reserve Bank;
- (iii) Union or State or National or International or Universal or any word expressing or implying the sanction, approval or patronage of the Central Government or any State Government or Union territory Administration;
- (iv) Municipal or Panchayat or Chartered; and
- (v) Investigation Bureau or any word which suggests or is calculated to suggest connection with any municipality, statutory, investigating or intelligence agency or other local authority.

Chapter IV REGISTRATION OF SOCIETY

6. Certificate of registration

Statutory text

(1) After scrutiny of the documents presented before the Registrar, if he is satisfied that the applicant has complied with all the provisions of this Regulation and the rules made thereunder, he shall enter the particulars of the society registered, in a register maintained by him in physical or electronic form and issue a certificate of registration in such form and manner as may be prescribed. Explanation.––For the purposes of this sub-section, the expression “electronic form” shall have the same meaning as assigned to it in clause (r) of sub-section (1) of section 2 of the Information Technology Act, 2000.
(2) If the Registrar refuses to register a society, he shall state the reasons therefor and communicate the same to the applicant, within such period as may be prescribed in this behalf.
(3) Every society registered shall be assigned a distinct registration number.
(4) Every existing society shall apply in such form as may be prescribed to the Registrar for obtaining a new registration number within a period of one year or such further period, as may be notified by the Government and if the new number is not applied within one year, then number shall be applied along with such fee, as may be prescribed, within a period of six months and if the society fails to move an application for new number within such extended period, the registration may be cancelled.
(5) A certificate of registration shall be the conclusive proof that the society therein mentioned is duly registered unless proved otherwise.
(6) Every society registered under this Regulation shall prominently display its name along with registration number outside its registered office or any other place where it is carrying on its business or operations, and shall have a seal with its name engraved thereon and the name of society, registration number and its registered office shall be mentioned in all documents executed in its favour or on its behalf.
(7) Every society registered under this Regulation shall be a legal entity, by the name in which it has been registered, having perpetual succession and a common seal, with the power, subject to the provisions of this Regulation, to acquire, hold and dispose of property, both movable and immovable, and to contract and to institute and defend suits and other legal proceedings and to do all other things necessary for the furtherance of the aims of the society for which it has been registered.

Chapter IV REGISTRATION OF SOCIETY

7. Change of name and address

Statutory text

(1) Every society shall have a registered office to which all communications and notices shall be addressed.
(2) The information about every change in the name and address of the society shall be communicated to the Registrar within a period of thirty days from the date of change, who shall record the same in the certificate of registration and the register of societies.
(3) A change of name shall not affect the rights and liabilities of the society or any legal proceedings by or against it.

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