Sikkim Regulation of Societies, Associations and other Voluntary Organizations Act, 2008

(1) This Act may be called the Sikkim Regulation of Societies, Associations and other Voluntary Organizations Act, 2008. (2) It shall come into force on the date of its publication in the Official Gazette.

In this Act, unless the context otherwise requires,- (a) "Act" means the Sikkim Regulation of Societies, Associations and other Voluntary Organizations Act, 2008; (b) "Association" means a group of people associated or assembled or united together for the purpose of achieving one or more objects and includes organization, society, committee, samiti, sanstha, club etc. (government or non-government); (c) "Authority" means the Registering Authority; (d) "Registering Authority" means the Secretary to the Law Department, Government of Sikkim; (e) "Government" means State Government of Sikkim; (f) "prescribed" means prescribed by rules made under the Act.

(1) All associations, organizations, clubs, societies and voluntary organization etc. intending to operate within the State of Sikkim shall make an application for registration of their organization in the manner as may be prescribed. (2) All such application shall be accompanied with the following requirement namely: (a) Memorandum of association containing: (i) name of the organization, (ii) its registered office; (iii) aims and objectives, (iv) name, address and occupation of the executive members, promoters, governing body, executive committee, managing committee to whom the management of its affairs is entrusted. (b) Article of Association containing rules and regulations. (c) A resolution passed by the executive members/promoters/governing body/executive committee/managing committee or its equivalent. (d) At least 50% of the members of the governing body/executive body should have Sikkim Subject Certificate or Certificate of Identification. (e) No objection Certificate from concerned Panchayat/MLA. (f) No Objection Certificate from the concerned Department where the purpose and aim of the organization relates to other government department. (g) Bank receipts of such amount as may be notified from time to time by the State Government. (1) In clause (d), for the words and figure "at least 50% of" the word "and" and for the word "should" the word "shall" shall respectively be substituted; (2) after clause (d), the following explanation shall be inserted, namely:- "Explanation.- Where any organization representing any particular group, either ethnic, religious or in any other form or denomination intends to form an organization or society or committee or samiti or sanstha or club etc. for any purpose, the member of the Governing Body/executive body as the case may be, or by whatever designation, must be from the said group or organization belonging to the same ethnic or religious group as the case may be."

(1) All Societies, Organizations and Associations (hereinafter referred to as the 'Association') registered under the provisions of this Act and the rules framed thereunder shall be renewed on expiry of a period of every 2 (two) years from the date of registration on payment of such fees as may be notified in this behalf. (2) Failure to renew an association within a period of 1 (one) month from the date of expiry of the renewal of registration would render the organization liable for suspension or cancellation of its registration as the case may be without issuance of any further notice: Provided that registration can be renewed on payment of the registration fee upto 3 (three) times of usual registration fee in addition to renewal fee as may be notified in this behalf, subject to the satisfaction of the Registering Authority on reasonable and bona fide ground, showing thereby sufficient cause. (3) All Associations registered under the provision of this Act shall be required to renew their registration in the event of any change in the Memorandum of Association and change of nomenclature. (4) The amount of fees payable for renewal of registration on any change in the Memorandum of Association and change of nomenclature shall be half the amount paid as registration fees: Provided that where any association whose Memorandum of Association has already been changed or amended or modified, shall not be required to pay any such fees. (5) The Association shall submit the names of the newly elected governing body, minutes of meeting, and other relevant documents to the Registering Authority for its approval within 3 (three) weeks. Failure to submit the relevant documents as referred to above, within 1 (one) month shall be liable to pay upto 2 times of usual renewal fees for its approval.

(1) All association shall submit annual audit report along with annual reports of activities during the preceding year i.e. during the last 12 (twelve) months immediately before the date due for submission of annual report. (2) All association shall maintain proper record of their account including income and expenditure account and the balance sheet in such form as may be prescribed and the accounts shall be audited by recognized or registered chartered accountant before submission of the annual audit report to the Authority. (3) In the event of failure to submit annual return/report, the registration shall be liable to be suspended/cancelled. (1) All Association shall maintain proper record of their account including income and expenditure account and the balance sheet and the account shall be audited by a recognized or a registered Chartered Accountant or such authority as may be assigned/authorized by the Annual General Body meeting to be signed by atleast 3 (three) members of the General Body before submission of the annual audit report to the Registering Authority. (2) All Association shall maintain proper record of their activities during the preceding year and shall submit annual report of activities by 31st March of each year. (3) All Association shall maintain a record of their account and shall submit the balance sheet, certified copy of bank passbook or statement of account from the concerned bank along with the annual audit report by 31st March of each year. (4) In the event of failure to submit any of the documents mentioned under subsections (2) and (3) within the 10th day of the following month, the registration of the association shall be liable to be suspended or cancelled. However order of cancellation or suspension could be revoked on payment of fine of an amount equivalent to the rate of registration subject to the showing of sufficient cause to the satisfaction of the Registering Authority.

(1) Organization or association receiving any grant or aid or other financial assistance from either Central or State government, utilization certificate of such financial grant or aid shall be submitted before renewal of the registration or at the time of registration of the association. (2) In the event of any donation or other financial donation or grant is received by the organization from outside the country the same shall be communicated to the authority specifying the grant of such foreign assistance or grant and only after clearance of the authority including the clearance as required from the Central Government the amount may be received. (3) Where an association or organization or society or committee or samiti or sanstha or club etc. (Government or Non-Government) is receiving or has received any grant or aid or other financial assistance from either Central or State Government and the said association or organization or society or committee or samiti or sanstha or club etc. (Government or Non-Government) is found to be involved in internal dispute arising out of mismanagement, misuse of funds or organizational disputes involving running the organization and management of the organization or is involved in any other internal disputes among different groups within such said association or organization or society or committee or samiti or sanstha or club etc. (Government or Non-Government), the State Government may, if deemed appropriate in public interest, take over the functioning and management of such said association or organization or society or committee or samiti or sanstha or club etc. (Government or Non-Government) and run or manage the organizational activities in such manner as may be prescribed. The State Government in the event of having taken over the running and managing the affairs may appoint/designate an administrator to run the affairs for such period as may be specified in the notification appointing such administrator. The administrator shall function in such manner as may be prescribed: Provided that the State Government if it is of the opinion that the administrator so appointed is no more required may rescind the notification appointing such administrator.

(1) No association or organization shall resort to use of any violent activities, or use of firearms against the State or individuals in any manner threatening the safety and security or endangering peace and tranquillity of the State or the Country. (2) The nomenclature of the organization or association should not be made in a manner that would promote communal disharmony or threaten the integrity of the state or country or causes hurt to the sentiments of any community or class of people or promote hatred or feeling among different section of the society. (3) The authority in all such cases reserves the right to reject any application for registration of such organization or association.

The State Government may make rules for carrying out the purposes of the Act.

Notwithstanding the provision contained in this Act, the Notification Number 2602 A/H dated the 25th March, 1960 regarding rules and regulations for registration of various organization in Sikkim shall, however, continue to be validly operative in respect of its enforcement and the present Act shall be in addition and to supplement the aforesaid notification.