The MP Society Registrikaran Adhiniyam, 1973

(1) This Act may be called the Madhya Pradesh Society Registrikaran Adhiniyam, 1973. (2) It extent to the whole of Madhya Pradesh. (3) It shall come into force on such date as the State Government may, by notification, appoint in this behalf. (From 1.12.1973).

This Act applies to societies formed for all or any of the following purposes :(i) promotion of science, education, literature of fine arts; (ii) diffusion of useful knowledge; (iii) diffusion of political education ; (iv) foundation or maintenance of libraries or reading rooms for general use among the members or upon to the public; (v) establishment and maintenance of galleries of paintings and other works of art; (vi) establishment and maintenance of public museums; (vii) collection of natural history, mechanical and philosophical inventions, instructions or designs; (viii) promotion of social welfare; (ix) promotion of religious or charitable purpose including establishment of funds for welfare of military orphans welfare of political suffers and welfare of the like; (x) promotion of gymnastics; (xi) promotion and implementation of different schemes sponsored by the State Government or the Central Government; (xii) promotion of Commerce, Industries and Khadi.

In this Act unless the context otherwise requires,- (a) "Government body of a society" means the Governors, Council Directors, Committee, Trustees of other body by whatever name, called to whom by the regulations of the society management of its affairs is entrusted; (b) "Member of a society" means a person who have been admitted in the society according to the regulations thereof continues for the time being to be a member of the society – (i) having paid subscription; (ii) having signed the roll or list of members; and (iii) having not resigned ; in accordance with regulations of the society ; (c) "Registrar" means the Registrar of societies appointed under sub-section (1) of the said section 4 and includes an Additional, Joint, Deputy and Assistant Registrars of Societies appointed under sub-section (2) of the said section when exercising or performing all or any of the powers or duties of the Registrar; (d) "Regulations of a society" means registered regulations of the society for the time being in force; (e) "Society" means a society registered of deemed to have been registered under this Act; (f) "State Aided Society" means a society which receives or has received aid, grant or loan or has received land or building or both on concessional rates and other facilities from the Central Government or State Government or any Statutory Body.

A society registered or deemed to be registered under the Act repealed under Section 44 shall be deemed to have been registered under this Act.

(1) The State Government may by notification, appoint a person to be called the Registrar of Societies who shall exercise such powers and shall perform such duties and functions as are conferred by or under the provisions of this Act and shall, subject to such general of special orders as the State Government may make, superintend the administration and carry out the provisions of this Act throughout the State. (2) The State Government may also by like notification appoint persons to be called Additional, Joint, Deputy and Assistant Registrar of Societies for such areas as may be specified in the notification and empower them to exercise power and to perform duties under all or any of the provisions of this Act as may be specified in the notification.

Any seven or more persons associated, for any literary, scientific, educational, religious or charitable purpose, or for any such purpose as is described in Section 2 may be subscribing their names to a memorandum of association and filing the same with the Registrar, form themselves into a Society under this Act.

(1) The memorandum of association of every society shall state - (a) the name of the society; (b) the objects of the society; (c) the location of the head office of the society; (d) the names, addresses, and occupations of the Governors, Council Directors Committee or other governing body to whom by the regulations of the society the management of its affairs is entrusted. (2) No name shall be proposed in the memorandum of association – (a) as is identical with or too nearly resembles the name by which a society in existance has been previously registered anywhere in the State; or (b) which has as its component – (i) such words has may suggest or may be calculated to suggest the patronage of the Government of India or the Government or a State; or (ii) such words as National, Inter-National or Universal importance or such other words as the State Government may, from time to time by notification, specify; or (iii) such words as in the opinion of Registrar, likely to mislead the public . (3) A copy of the regulation of the society, certified to a correct copy of not less than three of the members of the governing body shall be filed with the memorandum of association. (4) The persons by whom or on whose behalf such memorandum is submitted shall furnish such further information in regard to the society as the registrar may require.

It the Registrar is satisfied that a society has complied with the provision of this Act and the rules made thereunder and that its proposed regulations are not contrary to the said provisions he shall register the society and its regulations on payment of such fee as may be prescribed and shall issue a certificate of registration.

A certificate of registration signed by the Registrar shall be conclusive evidence that the society therein mentioned is duly registered unless it is proved that the registration of the society has been cancelled.

The regulation of a society may provide for (i) the conditions of admission of members; (ii) the liabilities of members to fines and forfeitrues under certain circumstances; (iii) the consequences of non-payment of any subscription or fine, the resignation and expulsion of members;

(1) No amendment of memorandum of association or regulations of a registered society shall be valid until the amendment has been registered under this Act. (2) Every proposal for such amendment shall be forwarded to the Registrar in such form together with such fee as may be prescribed and if the Registrar is satisfied that the amendment is not contrary to this Act or the rules made thereunder, he may, if he thinks fit, register the amendment. (3) Where an amendment is registered under sub-section (2), the Registrar shall issue to this society on payment of a fee specified in Section 29 a copy of the amendment certified by him which shall be conclusive evidence that the same is duly registered.

(1) Notwithstanding anything contained in this Act or the rules made thereunder, if the Registrar considers that an amendment of the memorandum of association or regulation or byelaws of a society is necessary or desirable in the interest of the society, he may, by an order in writing, to be served on the society in the prescribed manner, require the society to make the amendment within such time as may be specified in such order. (2) If the society fails to make any such amendment within the time specified by the Registrar in his order under sub-section (1) the Registrar may, after giving the society an opportunity to state its objections, if any - (a) register such amendment to the memorandum of association or regulations and send a certified copy thereof to the society; or (b) make such amendment to the byelaws and send a certified copy thereof to the society; and thereupon such amendment to memorandum of association or regulations or byelaws shall be binding on the society and its members.

The Madhya Pradesh Societies Registrikaran Niyam, 1975 are hereby repealed : Provided that any order made or any action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provision of these rules.

(1) A copy of the resolution passed under Section 12 shall be sent to the Registrar. (2) If the Registrar is satisfied that the provisions of this Act is respect of change of name have been complied with and that the proposed name is in conformity with the provisions of sub-section (2) of section 6, he shall enter the new name is the register in place of the former one and issue a certificate of name shall be complete and effective only on issue of such a certificate. (3) The Registrar shall also the necessary alteration in the memorandum of association of the society. (4) The Registrar shall charge a fee of rupee one for any copy of certificate issued under sub-section (2) and all fees so paid shall be accounted for to the State Government.

The change in the name of the society shall not affect any rights or obligations of either the members who were admitted prior to the change or of the society or render defective any legal proceeding by or against the society.

Whenever it shall appear to the governing body of any registered society which has been established for any particular purpose or purposes that it is advisable to alter, extend or abridge such purpose to or for other purposes within the meaning of this Act, or to amalgamate such society either wholly or partially with any other society, such governing body may submit the proposition to the members of the society in a written or printed report and may convene a special meeting for the consideration thereof according to the regulations of the society : Provided that no such proposition shall be carried into effect unless such report shall have been delivered or sent by post to every member or the society, ten days previous to the special meeting convened by the government body for the consideration thereof, and unless such proposition shall have been agreed to by the votes of three-fifths of the members present at a second special meeting convened by the government body at an interval of one month after the former meeting.

(1) The subscribers of the memorandum of association shall be the first members of the society. (2) Every society shall maintain at its head office a register of its members and shall enter therein, the following particulars, namely :- (a) name, address and signature with date of each members; (b) the date on which the members are admitted; (c) the date on which the members ceased to be members. (3) The register of members shall be prima facie evidence of the membership of the society and of all matters entered therein: Provided that no members whose subscription for the time being in arrear for a period exceeding six months shall be entitled to vote in any proceedings of the Society under this Act. (4) If entries are not made in the register of members within thirty days of the admission of a member or cessation of membership, every office bearer in default shall be punishable with fine which may extend to Rs. 500.

(1) Any member of registered society who may be in arrear of subscription which according to the regulations of the society he is bound to pay or who shall posses himself of or detain any property of the society in a manner or for a time contrary to such regulation or shall injure or destory any property of the society may b sued for arrear or for the damage occurring from such detention, injury or destruction of property in accordance with the provisions of this Act. (2) If the defendant shall be successful in any suit or other proceeding brought against him at the instance of the society, and shall be adjudged to recover his costs, he may elect to proceed to recover the same from the officer in whose name the suit shall be brought, or from the society and in the latter case shall have process against the property of the said society in accordance with the provisions of this Act.

Any member of Society, who shall steal, purloin or embezzle any money or other property, of such society, or shall forge any deed, bound, security for money receipt, or other instrument, whereby the funds of the society may be exposed to loss shall be subject to the same prosecution, and if convicted shall be liable to be punished in like manner as any person other than a member would be subject and liable to in respect of the like offence.

Whenever by any byelaw duly made in accordance with the regulations of the society any pecuniary penalty is imposed for the breach of any regulations of byelaws of the society such penalty, when accrued, may be recovered in any court, having jurisdiction where the defendant shall reside, or the society shall be situated, as the governing body thereof shall deem expedient.

The property, movable and immovable, belonging to society registered under this Act, if not, vested n trustees, shall be deemed to be vested for the time being in the governing body of the such society and in all proceedings civil and criminal, may be described as the property of the governing body of the society by their proper title.

(1) No immovable property shall be acquired of transferred by sale, gift or otherwise by the society without the prior permission of the Registrar in writign. (2) The property acquired or transferred shall not utilised for any object other than the object of the society unless permission

Every society may sue or be sued in the name of the President or Chairman or Principal Secretary or the trustees as shall be determined by the regulation of the society and in default of such determination, in the name of such person as such be appointed by teh governing body for the occasion.\n\nProvided that it shall be competent for any person having a claim or demand against the society to sue the President or Chairman or Principal Secretary or the trustee thereof, if on application to the governing body some other officer of person be not nominated to be the defendant.

No suit or proceeding in any Civil Court shall abate or discontinue by reason of the person by or against whom such suit or proceeding shall have been brought or continued, dying or ceasing to fill the character in the name whereof he shall have sued or been sued, but the same suit or proceedings shall be continued in the name of or against the successor of such person.

(1) If a judgment shall be obtained against the person or officer named on behalf of the society, such judgment shall not be enforced against the property, movable or immovable, or against the body of such person or officer, but against the property of the society .\n\n(2) The application for execution shall set forth the judgment the fact of the party against whom it shall have been obtained having sued or having been sued, as the case may be, on behalf of the society only, and shall require to have the judgment enforced against the property of the society.

(1) Every society shall keep at its head office proper books of accounts with respect to :-\n(a) all sums of money received and expended by the society and the matter in respect of which the receipt and expenditure take place; and\n(b) the assets and liabilities of the society.\n(2) The books of accounts shall be open to inspection by the office or members of the society or the Registrar during the office hours of the society.\n(3) For the purpose of sub-section (2) proper books of accounts shall not be deemed to be kept with respect to the matters specified therein, if they do not give a true and fair view of the State of affairs of the society and explain its transactions.

(1) Where the Registrar is satisfied that :-\n(a) the records, register or the book of accounts of a society are likely to be tempered with or destroyed and the funds and the property of a society are likely to be misappropriate or misapplied; or\n(b) if the governing body of a society is reconstituted at a general meeting of the society and outgoing members of the governing body refuse to hand over charge of the records and property of the society to those having to or entitled to receive such charge, the Registrar may issue an order directing a person duly authorised by him in writing to seize and take possession of such book and records, funds and property of the society and the officer or officers of the society responsible for custody such books, records, funds and property shall give delivery thereof to person so authorised.\n(2) In order to secure compliance of the order under sub-section (1), the Registrar may take or cause to be taken such steps and use of or cause to be used such minimum force including Police Force as may be considered necessary.

Once in every year, or before the forty-fifth day on which according to the regulations of the society the annual general meeting of the society is held or if the regulation do not provide for an annual general meeting, then within forty five days of the 31st day of January a list of the full names, permanent addresses and chief occupations and other any, with signature of the governing body shall be filed with the Registrar by the President or Secretary in such form with such documents together with such fee as may be prescribed :-\nProvided that the Registrar may, for reasons to be recorded in writing, grant further time not exceeding fifteen days for compliance :-\nProvided further that if the Society fails to file the list within the prescribed time limit or within the extended time, it may file the same within theirty days from the last day of the prescribed time or extended time, as the case may be, with such late fee as may be prescribed.

(1) Every Society shall send to the Registrar a statement of income and expenditure with full particulars duly audited by its Auditor, audit report and balance-sheet of the previous year alongwith details of all financial activities together with such fee as may be prescribed within ninety days from the date of annual general meeting of the society or from 30th day of April every year where the regulation do not provide for an annual general meeting. If the society fails to sent the aforesaid statements within the stipulated time the society shall be liable to pay late fee as may be prescribed. On receipt of such statement, the Registrar shall verify the statements and shall ensure that the funds have been utilised for the promotion of the society and its objects and he may also issue such instructions in respect of utilisation of funds as he may think fit :\nProvided that accounts of such society having annual transaction exceeding one lac rupees shall be submitted to the Registrar duly audited by Chartered Accountant .\n(2) If the Registrar thinks it necessary to undertake a special audit he may audit or cause to be audited by some person authorised by him by general or special order in writing in this behalf the account of any society.\n(3) Any person authorised by general or special order in writing in this behalf by the Registrar shall at ll time have access to all the books of accounts and other papers of a society and every officer of the society shall furnish such information in regard to the account and working of the society as the person making such inspection may require.

Any person may inspection all or any of the document filed with the Registrar under this Act or require copy of extract of any such document to be certified by the Registrar by filing an application together with such fee as may as may be prescribed and such certified copy shall be Prima facie evidence of matter therein contained in all legal proceedings whatsoever.

The registrar shall have power summon and enforce the attendance of witnesses including the parties interested or any of them and to compel them to give evidence, and compel production of documents by the same means and as far as possible in the same manner as is provided in the case of civil court by the code of civil procedure 1908 (No.5 of 1908) .

(1) Where on perusing any document which a society is required to submit to him under this, the Registrar is of the opinion that any information or explanation is necessary in order that such document may afford full particulars of the matter to which it purports to relate he may be written order call on the society submitting the documents to furnish in writing such information or explanation within such time as he may specify in the order.\n(2) On receipt by the society of the order under sub-section (1) it shall be the duty of the society and of all persons who are officers of the society to furnish such information to the best of their power.

(a) person in possession, or responsible for the custody of any such books, accounts, documents, securities, cash or other properties to produce the same, if they relate to the head office of the society at any place at the head-quarter thereof and if they relate to any branch of the society, at any place in the town wherein such branch thereof is located or in his own office; (b) he may summon any person whom he has reason to believe has knowledge of any of the affairs of the society to appear before him at any place at the head-quarters of the society or the society or any branch thereof or in his own office and may examine such person on oath; and (c) (i) he may notwithstanding any regulation or byelaw specifying the period of notice for a generally meeting of the society, require the officers of society to call a general meeting of the society at such time at the head office of the society or at any place at the head quarter of the society and do determine such matters as may be directed by him and where the officers of the society refuse or fail to call such a meeting, he shall have power to call it himself. (ii) any meeting called under sub-clause (1) shall have all the powers of a general meeting called under the regulations or byelaws of the society and its proceedings shall be regulated by such byelaws. (4) When an enquiry is made under this section the Registrar shall communicate the result of the enquiry to the society and may issue appropriate directions to the society, which shall be binding on all parties concerned.

If, in the opinion of the State Government, governing body of any State aided society :- (a) persistently makes default or is negligent in the performance of the duties imposed on it by or under this Act regulations or byelaws of the society or by any lawful order passed by the State Government or Registrar or is un-willing to perform such duties; or (b) Commits acts which are prejudicial to the interest of society or its members; or (c) is otherwise not functioning properly; the State Government may, by order in writing remove the governing body and appoint a person or persons to manage the affairs of the society for a specified period not exceeding two year in the first instance. Provided that where it is proposed to remove the governing body of the society exclusively on the ground that election to the governing body were not held in accordance with the provisions of this Act or the regulations or byelaws made thereunder, no action shall be taken under this sub-section unless the Registrar or an officer authorised by him in this behalf has convened a meeting of General body for conducting the election thereto in accordance with the provision of this Act, or the Regulations or byelaws made thereunder but has failed to get the new governing body elected : Provided further that the Registrar or the officer authorised by shall, for the purpose of conducting election, have all the necessary power under the Act or the Regulations or byelaws made thereunder. (2) No order under sub-section (1) shall be made unless the governing body has been given a reasonable opportunity of showing of showing cause against the proposed order and representation, if any, made by it, is considered. (3) The period specified in the order under sub-section (1) may, at the discretion of the State Government, be extended from time to time : Provided that no such order shall remain in force for more than three years in the aggregate. (4) The person or persons so appointed shall, subject to the control of the Registrar and such instructions as he may from time to time give, have power to exercise all or any of the functions of the governing body or of any officer of the society, and to take all such actions as may be required in the interest of the society. (5) The State Government may fix the remuneration payable to the person or persons so appointed. The amount of such remuneration and other costs, if any, incurred in the management of the society shall be payable from its funds. (6) The person or persons so appointed shall at the expiry of the period of his or their appointment, arrange for the constitution of a new governing body in accordance with the regulations of the society. (7) If there is a difference of opinion between the general body of the society and person or persons appointed under sub-section (1) in respect of any matter it shall be referred to the Registrar for decision and his decision thereon shall be final. (8) During the period between the issuance of notice and the passing of an order removing the governing body may be required by the State Government to function under the supervision and with the approval of such authority as the State Government may specify in this behalf and no order made or resolution passed or any other act performed by the governing body, shall be effectual unless it is approved by such specified authority.

(1) Any number not less than three-fifths of the members of any society may determine that it shall be dissolved and thereupon it shall be dissolved forthwith, or at the time when agreed upon and all necessary steps shall be taken for the disposal and settlement of the property of the society, applicable thereto liabilities according to the regulations of the said society applicable thereto it any, and if not, then as the governing body shall find expedient : Provided that, in the event of any dispute arising among the said governing body or the members of the society, the adjustment of its affairs shall be referred to the principal Court of original civil jurisdiction of the district which the Chief building of the Society is situated, and the court shall make such order in the matter as it shall deem it. Provided further that no society shall be dissolved unless three-fifths of the members shall have expressed a wish for such dissolution by their votes delivered in person, or by proxy at a general meeting convened for the purpose : Provided also that whenever the Government is a members of, or a contributor to, or otherwise interested in any society, such society shall not be dissolved without the consent of the government. (2) The Registrar may, if no information received by him or otherwise is of the opinion that a society has become defunct or has been persistently making default in the observation of the provision of this Act, or the regulations or by elaws made thereunder, by a notice served on the society, call upon the governing body within the period specified in the notice which shall not be less than thirty days, to show cause as to why registration of the society should not be cancelled. (3) The Registrar may after considering the reply received, if any, after the expiry of the notice period on being satisfied that no useful purposed is likely to be served by continuing the society by an order in writing cancel the registration thereof as from the date specified in the order and thereon society shall be deemed to have been dissolved for the purposes of the Act.

If upon the dissolution of any society, there shall remain after the satisfaction of all its debts and liabilities any property whatsoever, the same shall not be paid to, or distributed among, the members of the said society or any of them but shall be given to some other society, to be determined by the votes of not less than three-fifths of the member present personally of proxy at the time of the dissolution or in default thereof, by the court specified in Section 34: Provided that this section shall not apply to any society which shall have been founded or establishment by the contributions of share holders in the nature of Joint Stock Company.

(1) Notwithstanding anything contained in Section 35 it shall be lawful for the members of any society dissolved under Section 34 to determine by majority of votes of the members present personally or by proxy at the time of dissolution of such society that any property whatsoever remaining after satisfaction of all its debts and liabilities shall be given to Government to be utilised for any of the purposes referred to in Section 1. (2) In the event of concellation of the Registration of Society under sub-section (3) of Section 34 the movable and immovable assets of the society or its institution or centres shall vest in the State Government to the extent of assistance, grant, aid or donation that the society may have received from Central or State Government or any of the Statutory Bodies. It shall be the duty of the Collector or the District where the property is situated to take charge of the same on intimation of cancellation by the Registrar.

Notification No. F-73-51-78-1-9-XX, dated the 7th December, 1973, In excercise of the power conferred by the proviso to sub-section (2) of Section 37 of the Madhya Pradesh Society Registrikaran Adhiniyam, 1973 (No. 44 of 1973), as modified by Section 12 of the madhya Pradesh Ashaskiya Shikshan Sanstha (Adhyapakon Tatha Anya karmchariyon Ke Vetano Ka Sandaya) Adhiniyam, 1978 (No. 20 of 1978), the State Government hereby specifies all Collectors and such Deputy Collectors as may be authorised in witing by the Collector concerned for purpose of making complaint under the said proviso.

(1) If the President, Secretary or any other person authorised in this behalf by a resolution of the government body of the society fails to comply with the provisions of Section 27, he shall on conviction be punishable with fine which may extend to Rs. 500 and in case of continuing breach, shall also be punishable with fine not exceeding fifty rupees for each day during the period the breach continues after fist conviction for such offence.

If any society or any person as is referred to in Section 28 and sub-section (2) of Section 31 refuses or neglects to furnish the information or explanation required thereunder the society or such person shall on conviction be punished with fine which may extend to twenty rupees in respect of each such offence.

(1) An appeal shall lie – (a) if the order is made by the Registrar appointed under sub-section (1) of Section 4 either in original case or in appeal under clause (b) to the State Government. (b) if the order is made by the sub-ordinate officers appointed under sub-section (2) of Section 4 or any other person to the Registrar appointed under sub-section (1) of Section 4. (2) An appeal under sub-section (1) shall be filed within two months from the date of communication of the order : Provided that the appellate authority may admit an appeal after the expiry of such period if the appellant satisfied the appellate authority that he had sufficient cause for not preferring the appeal within such period.

Every officers or person exercising or autorised to exercise powers under this Act or the rules made thereunder shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code, 1860 (No. 45 of 1860).

No suit, prosecution or other legal proceedings shall lie against the Registrar or any person subordinate to him or acting under his authority, in respect of anything done by or purporting to have been done by him in good faith under this Act.

(1) The State Government may make rules to carry out the purposes of this Act. (2) All rules made under this section shall be laid on the Table of the Legislative Assembly.

As from the commencement of this Act, the Madhya Pradesh Societies Registration Act, 1959 (No. 1 of 1960) shall stand repealed.

FORM V (See Rule 9) Government of Madhya Pradesh Certification of Registration of the Society No. ................ This is to certify that the registered Society ................ located at...............in the ................tehsil of the ................District has changed its name and has now been registered under the name of ................under sub-section (2) of Section 13 of the Madhya Pradesh Society Registrikaran Adhiniyam, 1973 (No.44 of 1973) on the.........................day of .................19............ Seal ................................ (Registrar of Society)

FORM VI (See Rule 10) Application for seeking permission under Section 21 of the Madhya Pradesh Societies Registrikaran Adhiniyam, 1973 for acquiring immovable property or for sale, gift or otherwise. 1. Name and full Address of Society 2. Registration Number and Date of the Society 3. Full particulars of the immovable property of Society. 4. Full particulars of the immovable property to be acquired/purchased/gift/Transfer/Sale or otherwise with Khasra No. Map ownership certificate etc. 5. Reason of Sale/Purchase or otherwise transfer of the immovable property or use of the property other than the objects of the Society. 6. Full name and address of the purchaser or seller of the property. 7. Certificate of reasonableness of the value of the immovable property by the local competent Revenue Officer. 8. Copies of the minutes (Resolutions) according to Rules and Regulations of the society for purchase/sale or transfer of the immovable property. 9. If the seller/purchaser belongs to Schedule Tribe then the order of the Collector be enclosed. 10. Any other information if any (such as sources of funds etc.) 11. The fee for permission for purchase, sell, transfer etc. of the immovable property has been deposited Rs. .........................by Receipt/Challan No. ......................... dated ......................... Original copy of the challan is enclosed. (Signature of the President)

FROM VII (See Rule 11) Proforma for submitting information of Governing body list to the Registrar, Firms and Societies under Section 27 of the Madhya Pradesh Societies Registrikaran Adhiniyam, 1973 1. Full name and Address of the Society 2. Registration Number and Date 3. Number of Present total members enclosed their names and addresses. 4. Term of the Governing body according to registered Rules and Regulation 5. Date of the present election and number of the members present and what was the quorum. 6. On what date the present office bearers took charge from the past office bearers, enclose the list with their names, addresses and occupations with their signatures. 7. Date of the last election 8. Month and date of the Annual General meeting according to rules and regulation, of the society.