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THE SOCIETIES
REGISTRATION ACT, 1860.
(Act XXI of 1860)
CONTENTS
PREAMBLE
SECTIONS.
1. Societies formed
by memorandum of association and registration.
2. Memorandum of
association.
3. Registration fees.
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 enable 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
member to receive profit. Clause not to apply to Joint-stock Companies.
15. Member defined Disqualified members.
16. Governing body
defined. 16-A Super session of governing
body of a society.
17. Registration of
societies formed before Act. Assent required.
18. Such societies to
file memorandum, etc., with a registrar of joint-stock Companies.
19. Inspection of
documents. Certified copies.
20. To what societies
Act applies.
21. Registration of
Deeni Madaris.
THE SOCIETIES
REGISTRATION ACT, 1860
(Act XXI of 1860.)
[21st May, 1860]
AN
Act
for the registration of literary, scientific and charitable
societies.
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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, [the
diffusion of political education] or for charitable purposes; it is enacted
as follows:-
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Preamble.
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1. Any seven or more person associated
for any literary, scientific or charitable purpose, or for any such purposes
as is described in section 20 of this Act, may be subscribing their names to
a memorandum of association and filing the same with the Registrar of Joint-
stock Companies [***]
form themselves into a society under this Act.
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Societies formed by memorandum of association and registration
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2. The
memorandum of association shall contains the following things (that is to
say).----
The name of the society;
The objects of the society;
The names, addresses, and occupation 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
regulation 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.
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3. 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 a fee of fifty rupees, or such smaller fee as[the
Provincial Government] may, from time to time, direct; and all fees so paid
shall be accounted for to [the
Provincial Government]
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Registration fees.
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4. 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
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Annual list of managing body to be field
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5. 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.
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Property of society how vested
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6. 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:
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Suits by and against societies.
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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.
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7. 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 where of 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.
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Suits not to abate.
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8. 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.
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Enforcement of
Judgment against society
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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.
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9. 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 there of shall
deem expedient.
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Recovery of penalty
accruing under bye-law
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10. 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
here in before provided.
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Members liable to be
sued as strangers
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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.
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Recovery by successful defendant of coasts
adjudged
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11. 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.
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Members guilty of offences punishable as
strangers.
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12. 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.
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Societies enabled to
alter, extend or abridge their purposes.
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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 members delivered in person or by proxy, and confirmed by the votes of
three-fifths of the members present at a second special meeting or convened by
the governing body at an interval of one month after the former meeting.
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13. 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, it 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:
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Provision for dissolution of societies and
adjustment of their affairs
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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:
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Assent required
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Provided that [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 [without
the consent of the Government of the Province of registration].
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Government consent.
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14. 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 the dissolution, or in default thereof,
by such Court as aforesaid:
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Upon a dissolution no
member to receive profit.
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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.
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Clause not to apply to joint stock companies
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15. 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.
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Member defined Disqualified Members
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16. 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.
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Governing body defined.
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[16 (A) Supersession of
Governing body of a Society.
(I)
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.[:]
[Provided
that no order of supersession shall be passed without giving the governing body
of the society concerned an opportunity of showing cause]”.
(2) On
the publication of a notification under sub-section (I),---
(a)
the office-bearers and other members of the governing body shall
cease to hold office ; and
(b)
all sanctions of the governing body shall, during the period of
supersession, be performed by a governing body constituted by the Provincial
Government or by such authority as the Provincial Government may appoint for
the purpose.
(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.
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17. Any company or society established for
a literary, scientific or charitable purpose, and registered under Act
XLIII of 1850, or any such society established and constituted previously to
the passing of this Act but not registered under the said 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 as 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.
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Registration of
societies formed before Act.
Assent required
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In the case of a company
or society registered under 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
thence- forth.
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18. 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 [****] 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 which the
registration was resolved on.
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Such societies to filed memorandum etc., with
Registrar of joint- stock companies.
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19. 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
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Inspection of documents.
Certified copies
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20. The following societies may be
registered under this Act:-
Charitable societies, [ ...........]
societies established for the promotion of science, literature, or the fine
arts, for instruction, the diffusion of useful knowledge, [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.
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To what societies Act applies.
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[“21. (1) All Deeni Madaris by whatsoever name
called shall not operate without getting themselves registered as under,
namely:
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Registration
of Deeni Madaris.
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(i)
the Deeni Madaris existing before the commencement
of the Societies Registration [(Khyber
Pakhtunkhwa)] (Amendment) Act, 2006. If not already registered, shall get
themselves registered under this Act; and
(ii)
the Deeni Madaris which are established after the
commencement of the Societies Registration [(Khyber
Pakhtunkhwa)] (Amendment) Act, 2006, shall get themselves registered within one
year of their establishment.
Explanation.---One Deeni Maddrassah having
more than one campus shall need only one registration.
(2). Every Deeni Maddrassah shall submit
annual report of its educational activities to the Registrar.
(3) Every Deeni Maddrassah shall cause to be carried out audit of
its accounts by an Auditor and submit a copy of its report to the Registrar.
(4) No Deeni Maddrassah shall teach or publish any literature
which promote militancy or spread sectarian 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
Maddrassah” means a religious institution primarily for religious education and
includes Jamia Dar-ul-uloom, School, College or University, or called by any
other name, set up for purposes of primarily imparting religious education and
providing boarding and lodging facilities.”.
4. Repeal.---The Societies Registration
(Khyber Pakhtunkhwa) Amendment) Ordinance,
2005 (Khyber Pakhtunkhwa Ordinance No. VIII of 2005) is hereby repealed.
Repealed vide Act No. (XVI of 1874)
Subs. By A.O., 1937, for ‘the G.G. of India in
C.”
Subs, ibid for “ Government.”
Subs by A.O., 1937, for “whenever the
Government.”
Subs., ibid for “without the consent of
Government”
Subs by Khyber Pakhtunkhwa Act No. II of 1985
for full stop.
Ins: by Khyber Pakhtunkhwa Act. No. II of 1985.
Rep. by the Indian Companies Act, 1866 (10 of
1866). 5.219
Rep. by Act No. XVI of
1874
Ins, by Act No. XXII of 1927.
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