Last Updated: Wednesday December 19, 2007
[1][1]The Societies Registration Act, 1860
(Act XXI of 1860)
|
CONTENTS |
Sections
1. Societies formed by
memorandum of association and registration.
2. Memorandum of
association.
3. Registration fee.
4. Annual list of
managing body to be filed.
5. Property of society
how vested.
6. Suits by and
against societies.
7. Suits not to abate.
8. Enforcement of
judgment against society.
9. Recovery of penalty
accruing under bye-law.
10. Members liable to
be sued as strangers
Recovery by
successful defendant of costs adjudged.
11. Members guilty of
offences punishable as strangers.
12. Societies
enabled to alter, extend or abridge their purposes.
13. Provision for
dissolution of societies and adjustment of their affairs
Assent
required
Government
consent.
14. Upon a dissolution
no member to receive profit
Clause not to
apply to joint-stock companies.
15. Member defined
− Disqualified members.
16. Governing body
defined.
16-A. Supersession of
governing body of a society.
17. Registration of
societies formed before Act − Assent required.
18. Such societies to
file memorandum, etc., with Registrar of Joint-stock Companies.
19. Inspection of
documents − Certified copies
20. To what societies
Act applies.
21. Registration of
Deeni Madrassah.
The Societies’
Registration Act, 1860[2][2]
(Act XXI of
1860)
[21 May 1860]
An Act for the Registration of
Literary,
Scientific and Charitable
Societies
Preamble.− WHEREAS it is expedient
that provision should be made for improving the legal condition of societies
established for the promotion of literature, science, or the fine arts, or for
the diffusion of useful knowledge, [3][3][the diffusion of political education] or for charitable
purposes; it is enacted as follows:-
1. Societies formed by memorandum of
association and registration.− Any seven or more persons associated for any
literary, scientific or charitable purpose, or for any such purpose as is
described in section 20 of this Act, may by subscribing their names to a
memorandum of association and filing the same with the Registrar of Joint-stock
Companies [4][4][* * *] form themselves into a society under this Act.
2. Memorandum of association.− The memorandum of association shall contain
the following things (that is to say)−
the name of the
society:
the objects of the
society:
the names, addresses, and occupations of the governors,
council, directors, committee or other governing body to whom, by the rules of
the society, the management of its affairs is entrusted.
A copy of the rules
and regulations of the society, certified to be a correct copy by not less than
three of the members of the governing body, shall be filed with the memorandum
of association.
[5][5][3. Registration fee.− Upon such memorandum
and certified copy being filed, the Registrar shall certify under his hand that
the Society is registered under this Act. There shall be paid to the Registrar
for every such registration such fee as the Provincial Government may direct,
and all fees so paid shall be accounted for to the Provincial Government.]
4. Annual
list of managing body to be filed.− Once in every year, on or before the fourteenth day succeeding the day
on which, according to the rules of the society, the annual general meeting of
the society is held, or, if the rules do not provide for an annual general
meeting, in the month of January, a list shall be filed with the Registrar of
Joint-stock Companies of the names, addresses and occupations of the governors,
council, directors, committee or other governing body then entrusted with the
management of the affairs of the society.
5. Property of society how vested.− The property, movable and immovable,
belonging to a society registered under this Act, if not vested in trustees,
shall be deemed to be vested, for the time being, in the governing body of such
society, and in all proceedings, civil and criminal, may be described as the
property of the governing body of such society by their proper title.
6. Suits by and against societies.− Every
society registered under this Act may sue or be sued in the name of the
president, chairman, or principal secretary, or trustees, as shall be
determined by the rules and regulations of the society, and, in default of such
determination, in the name of such person as shall be appointed by the
governing body for the occasion:
Provided
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
trustees thereof, if on application to the governing body some other officer or
person be not nominated to be the defendant.
7. Suits not to abate.− No suit or proceeding in any Civil Court shall abate or discontinue by
reason of the person by or against whom such suit or proceedings 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.
8. Enforcement of judgment against society.− If a judgment shall be recovered against the
person or officer named on behalf of the society, such judgment shall not be
put in force against the property, movable or immovable, or against the body of
such person or officer, but against the property of the society.
The application for
execution shall set forth the judgment, the fact of the party against whom it
shall have been recovered 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.
9. Recovery of penalty
accruing under bye-law.− Whenever by any bye-law duly made in
accordance with the rules and regulations of the society, or, if the rules do
not provide for the making of bye-laws, by any bye-law made at a general
meeting of the members of the society convened for the purpose (for the making
of which the concurrent votes of three-fifths of the members present at such
meeting shall be necessary), any pecuniary penalty is imposed for the breach of
any rule or bye-law 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 situate, as the governing body thereof shall deem
expedient.
10. Members liable to be sued as strangers –
Recovery by successful defendant of costs adjudged.− Any member who may be in arrear of a
subscription which, according to the rules of the society he is bound to pay,
or who shall possess himself of or detain any property of the society in a
manner or for a time contrary to such rules, or shall injure or destroy any
property of the society, may be sued for such arrear or for the damage accruing
from such detention, injury or destruction of property in the manner
hereinbefore provided.
But 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 the manner above described.
11. Members guilty
of offences punishable as strangers.− Any member of the society who shall steal,
purloin or embezzle any money or other property, or willfully and maliciously
destroy or injure any property of such society, or shall forge any deed, bond,
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 not a
member would be subject and liable to in respect of the like offence.
12. Societies
enabled to alter, extend or abridge their purposes.− Whenever it shall
appear to the governing body of any society registered under this Act, 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.
But
no such proposition shall be carried into effect unless such report shall have
been delivered or sent by post to every member of the society ten days previous
to the special meeting convened by the governing body for the consideration
thereof, nor unless such proposition shall have been agreed to by the votes of
three-fifths of the members delivered in person or by proxy, and confirmed by
the votes of three-fifths of the members present at a second special meeting
convened by the governing body at an interval of one month after the former
meeting.
13. Provision for dissolution of societies and
adjustment of their affairs − Assent required − Government
consent.− 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 then agreed upon, and all necessary steps shall be taken for the disposal
and settlement of the property of the society, its claims and liabilities,
according to the rules of the said society applicable thereto, if 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 in which the chief
building of the society is situate; and the Court shall make such order in the
matter as it shall deem requisite:
Provided 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
that [6][6][whenever any Government] is a member of or a contributor
to, or otherwise interested in, any society registered under this Act, such
society shall not be dissolved [7][7][without the consent of the Government of the Province of
registration].
14. Upon a dissolution no member
to receive profit − Clause not to apply to joint-stock companies.− If upon the dissolution of any society
registered under this Act 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 members present personally or by proxy at the time of
dissolution, or in default thereof, by such Court as aforesaid:
Provided, however,
that this clause shall not apply to any society which shall have been founded
or established by the contributions of shareholders in the nature of a
Joint-stock Company.
15. Member defined
− Disqualified members.− For the purposes of this Act a member of a
society shall be a person who, having been admitted therein according to the
rules and regulations thereof, shall have paid a subscription or shall have
signed the roll or list of members thereof, and shall not have resigned in
accordance with such rules and regulations; but in all proceedings under this
Act no person shall be entitled to vote or to be counted as a member whose
subscription at the time shall have been in arrear for a period exceeding three
months.
16. Governing body defined.− The governing body of the society shall be
the governors, council, directors, committee, trustees or other body to whom by
the rules and regulations of the society the management of its affairs is
entrusted.
[8][8][16-A. Supersession of governing body of a
society.− (1)
Notwithstanding anything contained in the memorandum of association, rules or
regulations of a society registered under this Act, if, after such inquiry as
may be necessary, the Provincial Government is of the opinion that the
governing body of the society−
(a) is
unable to discharge or persistently fails in discharging its duties, or
(b) is
unable to administer its affairs or meet its financial obligations, or
(c) generally
acts in a manner contrary to public interest or the interests of the members of
the society,
the Provincial Government may, by notification in the Official Gazette,
declare the governing body to be superseded for such period, not exceeding one
year, as may be specified in the notification.
[9][9][Provided that the declaration shall not be
made without giving to the society to be affected thereby an opportunity of
being heard.]
(2) On the publication of a notification
under sub-section (1),−
(a) the
office-bearers and other members of the governing body shall cease to hold
office; and
(b) all
functions of the governing body shall, during the period of supersession, be
performed by a governing body constituted by the Provincial Government from
among the members of the society.
(3) On the expiry of the period of
supersession, the governing body of the society shall be reconstituted in
accordance with its memorandum of association, rules and regulations.]
17. Registration
of societies formed before Act − Assent required.− Any company or society
established for a literary, scientific or charitable purpose, and registered
under [10][10]Act XLIII of 1850, or any such society
established and constituted previously to the passing of this Act but not
registered under the said [11][11]Act XLIII of 1850, may at any time hereafter be
registered as a society under this Act; subject to the proviso that no such
company or society shall be registered under this Act unless an assent to its
being so registered has been given by three-fifths of the members present
personally, or by proxy, at some general meeting convened for that purpose by
the governing body.
In the case of a
company or society registered under [12][12]Act XLIII of 1850, the directors shall be
deemed to be such governing body.
In the case of a
society not so registered, if no such body shall have been constituted on the
establishment of the society, it shall be competent for the members thereof,
upon due notice, to create for itself a governing body to act for the society
thenceforth.
18. Such societies to file memorandum, etc., with
Registrar of Joint-Stock Companies.− In order to any such society as is mentioned in the last preceding
section obtaining registry under this Act, it shall be sufficient that the
governing body file with the Registrar of Joint-stock Companies [13][13][* * *] a memorandum showing the name of the
society, the objects of the society, and the names, addresses and occupations
of the governing body, together with a copy of the rules and regulations of the
society certified as provided in section 2, and a copy of the report of the
proceedings of the general meeting at which the registration was resolved on.
19. Inspection of documents − Certified
Copies.− Any person
may inspect all documents filed with the registrar under this Act on payment of
a fee of one rupee for each inspection, and any person may require a copy or
extract of any document or any part of any document, to be certified by the registrar,
on payment of two annas for every hundred words of such copy or extract; and
such certified copy shall be prima facie evidence
of the matters therein contained in all legal proceedings whatever.
20. To what societies Act applies.− The following societies may be registered
under this Act:-
Charitable
societies, [14][14][* * *] societies established for the promotion of
science, literature, or the fine arts, for instruction, the diffusion of useful
knowledge, [15][15][the diffusion of political education], the
foundation or maintenance of libraries or reading rooms for general use among
the members or open to the public, or public museums and galleries of painting
and other works of art, collections of natural history, mechanical and
philosophical inventions, instruments, or designs.
[16][16][21. Registration
of Deeni Madaris.– (1) All Deeni Madaris, by whatsoever
name called, shall not operate without getting themselves registered:
Provided
that the Deeni Madaris, which are established after the commencement of this
Act, shall get themselves registered within one year of their establishment.
Explanation. One Deeni Madrassah, having more than one campus, shall need only one
registration.
(2) Every Deeni Madrassah shall submit
annual report of its educational activities to the Registrar.
(3) Every Deeni Madrassah shall cause to be
carried out audit of its accounts by an auditor and submit a copy of its audit
report to the Registrar.
(4) No Deeni Madrassah shall teach or
publish any literature which promotes militancy or spreads sectarianism or
religious hatred:
Provided that nothing contained
herein shall bar the comparative study of various religions or schools of
thought or the study of any other subject covered by the Holy Quran, Sunnah or
the Islamic jurisprudence.
Explanation. In
this section “Deeni Madrassah” means a religious institution and includes a
Jamia, Dar-ul-Uloom, School, College, University or called by any other name,
established or operated primarily for the purposes of imparting religious
education, which provides boarding and lodging facilities.]
[1][1]Short title given by the Short Titles Act, 1897 (14 of 1897).
[2][2]Short title given by the
Short Titles Act, 1897 (14 of 1897).
The Act
(with the exception of the first four sections) is based on Literary and
Scientific Institutions Act, 1854.
It had been declared to be in force in all the Provinces and the Capital of the Federation, except the Scheduled Districts, by s. 3 of the Laws Local Extent Act, 1874 (15 of 1874).
It had been declared by Notification under
s. 3 (a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in
the Scheduled Districts; namely − Hazara,
[3][3]Added by the Societies
Registration (Amendment) Act, 1927 (XXII of 1927).
[4][4]The
words and figures “under Act 19 of 1857” repealed by the Repealing Act, 1874
(16 of 1874).
[5][5]Substituted by the
[6][6]Substituted by the Government
of
[7][7]Ibid.,
for “without the consent of Government.”
[8][8]Added by the Societies
Registration (West Pakistan Amendment) Ordinance, 1962 (IX of 1962), and
substituted by the Conformity with Fundamental Rights (Punjab Amendment of
Laws) Act, 1976 (IX of 1976).
[9][9]Added by the Societies
Registration (Amendment) Ordinance, 1984 (XV of 1984).
[10][10]Subsequently replaced by the
Indian Companies Act, 1866 (10 of 1866), section 219.
[11][11]Ibid.
[12][12]Ibid.
[13][13]The
words and figures “under Act 19 of 1857,” repealed by the Repealing Act, 1874
(16 of 1874).
[14][14]The words “the military orphan
funds or societies established at the several presidencies of
[15][15]Inserted by the Societies
Registration (Amendment) Act, 1927 (22 of 1927).
[16][16]Inserted by the Societies
Registration (Amendment) Act 2005 (XIII of 2005) and substituted by the
Societies Registration (Amendment) Act 2006 (VII of 2006).
Go to Index
| LL. B. – I | LL. B. – II | LL. B. – III | LL. B. Directory | Home