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MADHYA PRADESH ACT
No. 44 of 1973.
THE MADHYA PRADESH SOCIETY REGISTRIKARAN
ADHINIYAM, 1973
TABLE OF CONTENTS
Sections
CHAPTER I - PRELIMINARY
1.
Short title, extent and commencement,
2.
Societies to which Act applies.
3.
Definitions.
CHAPTER II - REGISTRAR OF SOCIETIES
AND OTHER OFFICERS.
4.
Registrar of Societies and other officers
CHAPTER III - REGISTRATION
5.
Societies formed by memorandum of association and
registration.
6.
Requirements with respect to memorandum of association.
7.
Registration.
8.
Evidence of registration
9.
Regulations of society.
10.
Amendments of memorandum or regulations or bye-laws of
registered society.
11.
Power of Registrar to amend memorandum or regulations etc.
of society.
12.
Change of name of society.
13.
Notice of change of name.
14.
Effect of change of name.
15.
Societies enabled to alter, extend or abridge their
purposes.
Sections.
CHAPTER IV- MEMBERS, THEIR RIGHTS AND PRIVILEGES.
16.
Register of Members.
17.
Members liable to be sued as strangers.
18.
Members guilty of offences punishable as strangers.
19.
Recovery of penalty accruing under byelaw.
CHAPTER V- PROPERTY AND FUNDS OF SOCIETIES.
20.
Property of society how vested.
21.
Society not to acquire or sell or transfer immovable
property without prior permission of Registrar.
22.
Suit by and against societies.
23.
Suit not to abate.
24.
Enforcement of judgement against society.
25.
Books of accounts to kept by society.
26.
Registrar's powers to size records etc.
CHAPTER VI- ANNUAL RETURNS, AUDIT INSPECTIONS AND SUPERVISION.
27.
Annual list of governing body to be filed.
28.
Audit and inspection.
29.
Inspection of documents.
30.
Power to enforce attendance etc.
31.
Power to Registrar to call for information.
CHAPTER VII-ENQUIRY AND SUPERSESSION
32.
Enquiry and settlement of disputes.
33.
Supersession of governing body.
CHAPTER VIII-DISSOLUTION OF SOCIETIES
34.
Provision for dissolution of societies and adjustment of
their affairs.
35.
Upon dissolution no member to receive profit.
36.
Determination after dissolution that property be utilised
by Government.
CHAPTER IX - OFFENCES AND PENALTIES
37.
Cognizance of offences.
38.
Penalty for non-compliance of section 30 or making false
entry.
39.
Penalty for contravention of sections 28 and 31.
CHAPTER X -APPEAL
40.
Appeal
CHAPTER XI-MISCELLANOUS
41.
Registrar and other officers to be public servants.
42.
Indemnity for acts done in good faith.
43.
Power to make rules
44.
Repeal.
MADHYA PRADESH ACT
No. 44 of 1973
THE MADHYA
PRADESH SOCIETY REGISTRIKARAN ADHINIYAM, 1973
Received the assent of the
Governor on the 29th September,
1973; assent first published in the "Madhya Pradesh
Gazette" (Extraordinary), dated the 11th October,
1973).
An Act to consolidate and amend
the law relating to the registration of literary, scientific,
educational, religious, charitable or other societies, in Madhya
Pradesh.
Be is enacted by the Madhya
Pradesh Legislature in the Twenty-fourth Year of the Republic of
India as follows : -
CHAPTER- I
Preliminary
1.
Short title, extent and commencement : -
1.
This Act may be called the Madhya Pradesh Society
Registrikaran Adhiniyam, 1973.
2.
It extends 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)
2.
Societies to which Act applies : -
This Act applies to
societies formed for all or any of the following purposes: -
(i)
promotion of science, education, literature or 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 open
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, instruments 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 sufferers and welfare of the like;
(x)
promotion of gymnastics;
(xi)
promotion and implementation of the different schemes
sponsored by the State Government or the Central Government ;
(xii)
promotion of Commerce, Industries and Khadi.
3.
Definitions : -
In this Act unless the
context otherwise requires, -
(a)
"Governing body of a society" means the Governors,
Council Directors, Committee, Trustees or 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 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)
"Regulation of a society" means registered regulations
of the society for the time being in force;
(e)
"Society" means a society registered or 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.
CHAPTER
- II
4.
Registrar of Societies and other officers -
(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 or special orders as the State Government
may make , superintend the administration and carry out the
provision 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 powers and to perform
duties under all or any of the provision
of this Act as may be specified in the notification.
CHAPTER
- III
5.
Societies formed by memorandum of Association and
Registration -:
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 by subscribing their
names to a memorandum of association and filing the same with the
Registrar, form themselves into
a Society under this Act.
6.
Requirements with respect to memorandum of association -:
(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 existence has been previously registered any
where in the State; or
(b)
which has as its component -
(i)
such words as may suggest or may be calculated to suggest
the patronage of the Government of India or the Government of a
State; or
(ii)
such words of 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 is, in the
opinion of Registrar,
likely to mislead the public.
(3)
A Copy of the 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.
(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.
7.
Registration -:
If the
Registrar is satisfied that a society has complied with the
provisions 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.
8.
Evidence 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.
9.
Regulations of society
-:
The regulations of a
society may provide for -
(i)
the conditions of admission of members;
(ii)
the liability of members to fines and forfeitures under
certain circumstances;
(iii)
the consequences of non-payment of any subscription or
fine, the resignation and expulsion of members;
(iv)
the appointment and removal of trustees and their powers;
(v)
the manner of appointing and removing the governing body
and the powers of such body;
(vi)
the time and place of annual meeting and other meetings of
the society;
(vii)
the manner in
which notice of such meetings may be given;
(viii)
the quorum necessary for the transaction
of business at meetings of the society;
(ix)
the manner of making, altering and rescinding regulations;
(x)
the investment of funds, keeping of accounts and for an
annual or periodical audit of accounts;
(xi)
the manner of dissolving the society;
(xii)
the determination after dissolution that property be
utilised by Government according to Section 36;
(xiii)
Matters, to be provided by byelaws and the manner in which
they shall be made; and
(xiv)
Such other matters as may be thought expedient, having
regard to the nature and objects of the society.
10.
Amendment of Memorandum or regulation or byelaws of
registered society -:
(1)
No amendment of the 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 the 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.
11.
Power of Registrar to amend memorandum or regulation etc.
of a society-
(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.
12.
Change of name of society -:
Subject to
the provisions of section 14 any registered society may, with the
consent of not less than two-thirds of the total number of its
members by a resolution at a general meeting convened for the
purpose change its name.
13.
Notice of change of name -:
(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 in 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 in the
register in place of the former one and issue a certificate of
registration with necessary alternations embodied therein,
and the change of name shall be complete and effective only
on issue of such a certificate.
(3)
The Registrar shall also make 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.
14.
Effect of change of name -:
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.
15.
Societies enable to alter, extend or abridge their purposes
-:
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
of the society, ten days previous to the special meeting convened
by the governing body for the consideration thereof, and unless
such proposition shall have
been agreed to by the votes of three -fifth of the members
delivered in person or by proxy and confirmed by the votes of
three - fifth of the members present at a second special meeting
convened by the governing body at an interval of one month after
the former meeting.
CHAPTER
- IV
Members, their Rights
and Privileges
16.
Register of Members -
(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 member;
(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 is 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 five hundred rupees.
17.
Members liable to be sued as strangers -
(1)
Any member of registered society who may be in arrear of a
subscription which according to the regulations of the society he
is bound to pay or who shall posses himself of or destroy any
property of the society in a manner or for a time contrary to such
regulation or shall injure or destroy any property of the society,
may be sued for such 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.
18.
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,
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.
19.
Recovery of penalty accruing under byelaw -
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 or 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.
CHAPTER
- V
Property
and funds of societies
20.
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.
21.
Society not to acquire or sell or transfer immovable
property without prior permission of Registrar-
(1)
No immovable property shall be acquired or transferred by
sale, gift or otherwise by the society without the prior
permission of the Registrar in writing.
(2)
The property acquired or transferred shall not be utilised
for any object other than the object of the society unless
permission from the Registrar have been obtained and in case of
gift written consent of the donor has also been obtained.
(3)
The application for permission under sub-section (1) and
(2), shall be in such
form with such documents together with such fee may be prescribed.
(4)
Where the society violates the provisions of sub-section
(1) or (2), the society shall be liable to deposit such amount as
may be prescribed within three months from the date of notice
issued by the Registrar and if the society fails to deposit the
amount within the aforesaid time, the society shall be treated as
defunct under Section 34.
22.
Suit by and against societies -
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 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 trustee thereof , if on application to the
governing body some other officer or person
be not nominated to be the
defendant.
23.
Suit 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 proceeding shall be continued in the name of or against
the successor of such person.
24.
Enforcement of judgment against society -
(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.
(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.
25.
Books of accounts to be kept by the society -
(1)
Every society shall keep at its head office proper books of
accounts with respect to : -
(a)
all sums of money received and expended by the society and
the matters in respect of which
the receipt and expenditure take place; and
(b)
the assets and liabilities of the society.
(2)
The books of accounts shall be open to inspection by the
office bearer or members of the society or the Registrar during
the office hours of the society.
(3)
For the purpose of sub-section (1) 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.
26.
Registrar's powers to seize record etc.-
(1)
Where the Registrar is satisfied that: -
(a)
the records, register or the books of accounts of a society
are likely to bc tempered with or destroyed and the funds and the
property of a society are likely to be misappropriated or
misapplied: or
(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 books 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 the person so authorised.
(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.
CHAPTER
-VI
Annual
Returns, Audit, Inspection and Supervision
27.
Annual list of
governing body to be filed-
Once
in every year, on or before the forty-fifth day succeeding thc day
on which according to thc regulations of the society thc annual
general meeting of thc 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 others if
any, with signatures 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 :
Provided
that the Registrar may, for reasons to be recorded in writing,
grant further time not exceeding fifteen days
for compliance :
Provided
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 thirty 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.)
28. Audit and Inspection-
(1)
Every Society shall send to thc Registrar a statement of
income and expenditure with full particulars duly audited by its
Auditor, audit report and balance-sheet of the previous year along
with 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 3Oth
day of April every year where the regulation do not provide for an
annual general meeting. If the society fails to send the aforesaid
statements within the stipulated time the society shall be liable
to pay late fee as may bc prescribed. On receipt of such
statements, the Registrar shall verify the statements and shall
ensure that the funds have been utilized for the promotion of the
society and its objects and he may also issue such instructions in
respect of utilization of funds as he may think fit :
Provided
that accounts of such society having annual transaction exceeding
one lac rupees shall be submitted to the Registrar duly audited by
Chartered ,
Accountant.
(2)
If the Registrar thinks necessary to undertake a special
audit he may audit or cause to be audited by some person
authorized by him by general or special order in writing in this
behalf the accounts of any society.
(3)
Any person authorised by general or special order in
writing in this behalf by
the Registrar shall at all 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 accounts
and working of the society as the person making such inspection
may require.
29.
Inspection of documents-
Any
person may inspect all or any of the documents filed with the
Registrar under this Act or require copy or extract of any such
document to be certified by the Registrar by filing an application
together with such fee as may be prescribed and such certified
copy shall be prima facie evidence of matters therein contained in
all legal proceedings whatsoever.
30. Powers to enforce
attendance etc-
The
Registrar shall have power to summon and enforce the attendance of
witnesses including the parties interested or any of them and to
compel them to give evidence, and compel the 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).
31. Power of Registrar to
call for information-.
(1)
Where on perusing any document which a society is required
to submit to him under this Act. 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 by 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 .
(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 or explanation
to the best of their power .
31(A)
In this chapter " Registrar" shall mean Education officer
within the meaning of clause (C) of sec.2 of the MadhyaPradesh
Ashaskiya Shikshan Sanstha (Adhyapakon tatha anya Karmachariyon ke
vetano sandaya) Adhiniyam 1978
CHAPTER
-VII
Enquiry
and Supersession
32. Enquiry and
settlement of disputes-
(1)
The Registrar may, on his own motion or on an application
made under sub-section (2) either by himself or by a person
authorised by him, by order in writing, hold an enquiry into the
constitution. .working and financial conditions of a
society.
(2)
An enquiry of the nature referred to in sub-section (1)
shall be held on the application together with an affidavit in
support of its contents-
(a)
a majority of the members of the governing body of the society; or
(b)
not less than one-third of the total number of members of the
society.
(3)
The registrar or the person authorised by him under
sub-section (1) shall for the purpose of an enquiry under this
section have the following powers, namely:-
(a)
he shall at all times have free access to the books,
accounts, documents, securities, cash and other properties
belonging to, or in the custody of
the society and may summon any 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 any
branch thereof or in his own office and may examine such person on
oath; and
(c)
(i)
he may notwithstanding any regulation or bylaw specifying
the period of notice for a general meeting of the society, require
the officers of the society to call a general meeting of the
society at such time at the head office of the society or at any
other place at the headquarter of the society and to 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 (i) shall have all
the powers of a general meeting called under the
regulations or bylaws of the society and its proceedings
shall be regulated by such bylaws.
(
4)
when an inquiry 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.
33.
Supprsession of governing body-
(1)
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 bylaws of the society or by or under other
enactment for the time being inforce or by
any lawful order passed by the State Government, or
Registrar or is unwilling 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 years 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 bylaws 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 provisions
of this Act, or the
Regulations or bylaws made thereunder but has failed to get the
new governing body
elected :
Provided
further that the Registrar or the officer authorised by him shall,
for the purpose of conducting election, have all the necessary
powers under the Act or the Regulations or bylaws made thereunder
.
(2)
No order under sub-section (1) shall be made unless the
governing body has
been given a reasonable opportunity 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 thc 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 thc management of the society shall be payable
from its funds.
(6)
The person or persons so appointed shall at the expiry of
thc 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 thc society and person or persons appointed under
sub-section (1) in respect of any
matter it shall be referred to thc Registrar for decision
and his decision thereon shall bc final.
(8)
During the period between the issuance of notice and the
passing of an order removing the governing body
the Governing body may be required by thc State Government
to function under the supervision and with thc 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
thc governing body, shall be effectual unless it is approved
by such specified authority.
CHAPTER
-VIII
Dissolution
of Societies
34.
Provision for dissolution of societies and adjustment of
their affairs-
(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 its claim and liabilities according
to the regulations 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 situated, and
the court shall make such order in thc matter as it shall deem
fit:
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 thc purpose:
Provided
also that whenever thc 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 an information received by him or
otherwise is of the opinion that a society has become defunct or
has been persistently making default in thc observance of the
provisions of this Act, or the regulations or byelaws 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 thc expiry of thc notice period on being satisfied that
no useful purpose 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.
35.
Upon dissolution no
member to receive profit-
If
upon the dissolution of any
society, there shall remain after thc 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 thc votes of not less than three-fifths of the
members present personally
or proxy at thc time of thc 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
established by the contributions of share holders in the nature of
Joint Stock Company.
36. (1)
Determination after dissolution that property be utilized
by Government-
(1)
Notwithstanding anything contained in Section 35 it shall
bc lawful for thc 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
utilized for any of the
purposes referred to in Section 2.
(2)
In the event of cancellation of the Registration of Society
under . sub-section (3) of Section 34 the movable and immovable
assets of the society or its
institution or centers
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 of the
District where the property is situated to take charge of the same
on intimation of cancellation by the Registrar.
CHAPTER-IX
Offences
and Penalties
37.
Cognizance of offences-
(1)
No Court inferior to that of a Magistrate of
the First class shall try an offence punishable under this
Act.
(2)
No Court shall take cognizance of an offence punishable
under this Act except
upon complaint made by the Registrar or any other person,
authorised in writing
by him, in this behalf. Provided that no court shall take
cognizance of an offence punishable under subsection (1) of
section 38, as substituted by section 12 of the madhya Pradesh
Ashaskiya Shikshan Sanstha ( Adhyapakon tatha anya karmachariyon
ke vetano ka sandaya) Adhiniyam, 1978 except upon a complaint made
by such officer as the state Govt.
may by
notification specify in this behalf.
(3)
If any person willfully makes or causes to be made any
false entry in, or any omission from, the list required by Section
27 or in or from any statement or copy of regulation or
alterations in regulation sent to the Registrar he shall, on
conviction be punishable with fine which may extend to two
thousand rupees.
38. Penalty for non
compliance of section 30 or making false entry
(1)
If the president, secretary or any other person authorized
in this behalf by a resolution of the Governing
body of the society-
(a)
fails to comply with the provision of section 27; or
(b)
fails to comply with any direction given under section 4 or
with the provision of section 3 or section 5 or section 6 of the
madhya Pradesh Ashaskiya Shikshan Sanstha
(Adhyapakon tatha anya karmachariyon ke vetano ka sandaya)
Adhinniyam, 1978 he shall on conviction be punishable-
(i)
in the case of an offence falling under clause (a) with
fine whichmay extend to Rs. Five hundred and in the case of a
continuing breach with a further fine which may extend to Rs.Fifty
for every day after the first, during which the breach
continues ;
(ii)
In the case of
an offence falling under clause (b) with imprisonment for a term
which may extend to three months or with fine which may extend to
Rs.one thousand or
with both and for the second and subsequent offence, with
imprisonment for a term which may extend to six months or with
fine, which may extend to five thousand Rs. or with both.
(2)
If any person willfully makes or causes to be made any false entry
in, or any omission from, the list required by Section 27 or in or
from any statements or copy of regulation or alterations in
regulation sent to the Registrar he shall, on conviction be
punishable with fine which may extend to two thousand rupees.
39. Penalty for
contravention of Sections 28 and 31-
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.
CHAPTER
- X
Appeal
40.
Appeal
(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 thc 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 of 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 satisfies the appellant authority that he had sufficient
cause for not preferring the appeal within such period.
CHAPTER
-XI
Miscellaneous
41.
Registrar and other officers to be public servants-
Every
officers or person
exercising or authorised to exercise powers under this Act or the
rules made there under shall be deemed to be a public servant
within the meaning of Section 21
of the Indian Penal Code, 1860 (No.45 of 1860).-
42.
Indemnity for acts done in good faith-
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.
43. Power to make rules-
(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.
44.
Repeal.- As from the commencement of this Act, the Madhya
Pradesh Societies
Registration Act, 1959 (No. 1 of 1.960) shall stand repealed.
Madhya
Pradesh Society Registrikaran Niyam, 1998
Bhopal
the 24th November. 1998
No.
F-l(I)/42/98/a/XI-In
exercise of thc powers conferred by Section 43 of the Madhya
Pradesh Society Registrikaran Adhiniyam, 1973 (No.44 of 1973), the State Government hereby makes thc following Rules,
namely: -
1.
Short title.-
(1) These rules may be called the
Madhya Pradesb Society Registrikaran
Niyam, 1998.
(2)
They shall come into force with effect from
the dale of their publication in the Madhya Pradesh
Gazette.
2.
Definitions.-
In these rules, unless the context otherwise requires. -
(a)
"Act"
means thc Madhya Pradesh Society Registrikaran Adhiniyam,
1973 (No.44 of 1973);
(b)
"Form"
means a form appended to these rules;
(c)
"Defaulter
Society" means, a Society making persistently default in
compliance and performance or rules and regulations or any
provisions of the Act
or has been considered defunct by the Registrar under section 34
of the Act;
(d)
"Schedule"
means Schedule appended to these rules;
(e)
"Section"
means a Section of the Act;
(f)
"Society"
means a Society to which the Act, applies.
3.
Memorandum of Society..
Every memorandum of Society for the registration of Society to be
filled under Section 5, shall be in form I or in a form
as near to as circumstances admit.
4.
Fees..
The fee payable under the provisions of the Act shall be as
specified in Schedule and shall be deposited into the Government
Treasury and a copy of , Treasury
Challan shall be submitted to the Registrar, such fee may also be
deposited in the
Office of the Registrar after obtaining the receipt thereof.
5.
Penalty..
(1) If any society violates the provisions of sub-section (1) of Section 21, of the Act, the Society shall be liable to
deposit the double amount of
the fee payable under rule 4 and if any society violates
the provisions of sub-section (2) of Section 21, the Society shall
be liable to deposit 20% amount of the cost of
the property.
(2)
The late fee payable under sections 27 and 28 by any society shall
be double of the
amount of the fee payable under Rule 4.
6. Certificate of
Registration.-
The Certificate of registration to be issued by
the Registrar under. Section 7 shall be in Form-II.
7. Maintenance of
Register
..There shall be kept by the Registrar, a register
containing the names of societies registered under the Act
in Form III.
8.
Manner of Serving an order-
An order under sub-section (1) of Section 11 shall be served on
the society by Postal Certificate at the address of the Society
mentioned in the memorandum of the society or at such other
address given by the Society.
9. Amendment of
Memorandum Rules and Regulations of the Society and Change of name..
Wherever any amendment in Memorandum, Rules and
Regulations and Change in name of the registered society is
proposed under Sections 10 and 13 the same shall be forwarded to
the Registrar in Form IV, and in case of
change of name of any society shall return its certificate
of registration to the Registrar with Form IV, and on receipt of
such certificate the Registrar shall issue a certificate in Form V
with necessary alterations embodied therein.
10. Application
for obtaining
permission for acquiring or transfer of immovable property.-
Application for obtaining permission for acquiring or transfer
of immovable property under Section 21 of the Act shall be
submitted in Form VI.
11. Annual Return.-
Annual Return under Section 27 shall be submitted in
Form VII.
12.
Repeal and Saving.-
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
provisions of these
rules.
SCHEDULE
(See
Rule 4)
Maximum
Fees
(1)
.Under Section 7 Registration of Society
Rs. 1000.00
(2)
Under Section 7 Registration of Mahila Mandal
Rs. 200.00
(3)
Under Section 7 Registration of Yuvak Mandal
Rs. 100.00
(4)
Under Section 10 Each amendment
Rs. 200.00
(5)
Under sub-section 3 of Section 21-
(a)
Application under sub-section
(l)-(i)
for permission to purchase and sale
2% of purchas
5% of
Sale,
(ii)
for each gift
Rs. 5000.00
(h)
For sub-section (2) otherwise utilizing
10% of the cost of plan or
of
immovable property
Rs. 10000/- whichever is more.
(6)
Under Section 27 Return every Year
Rs.
200.00
(7)
Under Section 28 Audited Statement every Year
Rs.200.00
(8)
Under Section 29 Copies
Rs. 20.00 Per page Routine
Rs. 40.00
Per page Urgent
Rs. 100.00
Inspection per Register
Rs. 100.00
Inspection
Return/Original
file. .
FORM I
(See
Rule 3)
Memorandum
of Society for Registration of Societies
1.
The Name of thc Society shall be
......................
2.
The Head Office of the Society will be situated at
.............. in Tehsil of
the ...........District and its address
will be ................... .
3.
The objects of the Society shall be as under: -
(1)
(2)
(3)
4.
The Management of the affairs of the Society is entrusted by the
Regulations of the society to the Governor, Council Directors,
Committee or Governing Body, whose names, addresses and
occupations are specified below: -
Serial
No. Name Address Occupation
(1)
(2)
(3)
(4)
Serial
No.
Name
Address
Occupation
1.
2.
3.
4.
5.
6.
5.
One copy of thc regulation of the Society duly certified as
required by sub section
(3) of Section 6 of the Madhya Pradesh Society Registrikaran
Adhiniyam, 1973 (No.44 of 1973) is filed with this memorandum of
Association.
We,
the several persons whose names and addresses are subscribed below
are desirous of forming a Society in 'pursuance of the aforesaid
Memorandum of Association
and have signed the memorandum in the presence of the witnesses as
shown below: -
Serial
Name and full addresses of
Signature
Number
the subscribers with Father/Husband name
(1)
(2)
(3)
2
3
4
5
6
Dated
:
To,
The
Registrar of Society
Witness
..........
Signature
..........
Name
..........
Full Address
..........
..........
..........
FORM
II
(See
Ru/e 6)
Government
or Madhya Pradesh
(MONO)
Certificate
or Registration of the
Society
No.......
This is to
certify that the .................
Society located at .......... in
the ....... Tehsil of the .......
District has been registered under the Madhya Pradesh Society
Registrikaran Adhiniyam, 1973 (No.44 of 1973) on the
....... day of 19 ..
...........
Seal
Registrar of Societies
FORM III
(See
Rule 7)
Register of
Societies Registered under the Madhya Pradesh Society
Registrikaran
Adhiniyam, 1973 (No.44 of 1973)
Serial
Name and Address of the
Date of filing the
Date of
No.
Society
Memorandum
of
Registration
Association
Name
and
No. and
No. and date of
Signature!
Remarks
Address
of
Date of the.
proposal for the
of the
person
filing
resolution
amendment in the
Registrar
the
for the
regulations of the
memorandum
change of
Society and the date of
of
Association
the name of
registration of the
the
Society
amendments
FORM IV
(
See Rule 9 )
Application
Under Sections 10 and 13 of the Madhya Pradesh Societies
Registrikaran Adbiniyam, 1973
1.
Name and full Address of Society
................
2.
Registration No. and Date
................
3.
Total Number of present members
................
4.
Under which regulation of the registered
................
Regulation
of Society amendment is proposed.
5.
In which date of the executive the amendment
................
proposal
is passed to how many members
notice
of
meeting served and what is
the quorum.
6.
What is the date of General meeting and under
................
which
rule the meeting is summoned. How many
days
notice was served how many members
remained
present and what was quorum
of the
meeting.
7.
Amendment proposal and three copies of
the
................
amended
rules and regulations duly signed by
three
executive members on each page
with full
details
be submitted. Please also
submit comparative
chart
of the amendment showing the rules in which
clause
the amendments are proposed. With existing
provisions
and reasons.
8.
The
prescribed fee for amendment in the memorandum and "rules and
regulation has been" deposited Rs.
.......... vide receipt No
.......... dated
.......... Challan No dated
.......... original copy of the challan
is enclosed."
9.
I,
.................... S/o
.......... Age .....
(Residcnt)
.......... Designation
.......... hereby declare that above all
informations arc true according to my knowledge and belief,
and I know giving any false
information shall be punishable under Section 38 (2) of the Act.
(Signature
of President)
FORM V
(See
Rule 9)
Government
or 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 the Society
-----------------------------------------------
2.
Registration Number and Date of the, Society
-----------------------------------------------
3.
Full particulars of the immovable
property
-----------------------------------------------
of
Society.
4.
Full particulars of the immovable properly 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.
10.
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)
FORM
VII
(See Rule
11)
Proforma
for submitting of 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
thc 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
thc society.
9.
When the last annual list was submitted.
...............
If
not submitted what is the reason.
10.
Enclose minutes of this years annual General
...............
meeting
with date
11.
The annual fee for the list under section 27 of
...............
the
Madhya Pradesh Societies Registrikaran Adhiniyam,
1973
has been deposited Rs........... vide
Receipt/Challan
No ...... dated ......
original
copy
of the Challan is enclosed.
DECLARATION
OF PRESIDENT
I,
................
S/o ...........
aged ...... years as authorised office bearer
hereby declare that the above information is true to the best of
my knowledge and belief and I know that giving any false
information, shall be punishable under Section 38 (2) of the Act.
Signature
of President
OR
Signature
of Secretary.
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