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SOCIETIES REGISTRATION ACT, 1860

S.1(a) Interpretation

       1[1A. Interpretation
       In this Act, unless there is anything repugnant to the subject or context, the expression 'Registrar' means the Registrar of Societies appointed under section 1B and includes other officers appointed under the said section to exercise the powers and to perform the duties and functions of the Registrar of Societies.
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       1. These new sections were inserted by Bom. 11 of 1956, s. 2.

S.1(b) Registrar of Societies and Assistant Registrars

       (1) The State Government may, by notification in the Official Gazette, appointa person to be called the Registrar of Societies who shall exercise such powersand shall perform such duties and functions as are conferred by or under theprovisions of this Act and shall, subject to such general or special orders asthe State Government may make, superintend the administration and carry out theprovisions of this Act throughout the 1 [State of Gujarat].
       (2)The State Government may also by like notification appoint persons to be called'Assistant Registrars of Societies' for such areas as may be specified in thenotification and empower them to exercise powers and to perform duties andfunctions under all or such provisions of this Act as may be specified in thenotification.]
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       1.These words were substituted for the words "State of Bombay" by theGujarat Adaptation of Laws (State and Concurrent Subjects) (Eighth Amendment)Order, 1961.

S.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, and1[filling the same with the Registrar, from themselves] into a society under this Act.
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       1. These words were substituted for the portion beginning with the words "filing the same" and ending with the word as "form themselves" by Bom. 76 of 1958, s. 2(d)(ii).

S.2 Memorandum of association.

       1[1] The memorandum of association shall contain the following thing (that is to say )--
       the names of the society;
       2[the place of situation of the registered office of the society ;
       the addresses and occupations of the persons who have subscribed their names to the memorandum of association under section 1;]
       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 then three of the members of the governing body, shall be filed with the memorandum of association.
       3[(2) A society may, by a special resolution passed by a majority of not less than three-fifths of the total membership of the society, alter its memorandum of association.
       (3) The alteration of the memorandum of association shall not take effect until, and except in so far as, it is sanctioned by the Registrar who shall, before granting such sanction, satisfy himself that the alteration is not such as would have the effect of making the society ineligible for registration under this Act.]
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       1. Section 2 was renumbered as sub-section (1) of that section by Guj. 17 of 1978, s. 4(i).
       2. This portion was inserted, Guj. 17 of 1978, 4(i).
       3. Sub-sections (2) and (3) were inserted for Guj. 17 of 1978, s.4(2).

S.3 Registration and Fees

       Upon such memorandum and certified copy being filed,1[the Registrar shall, subject to the provisions of section 3A, certify] under his hand that the society is registered under this Act, there shall be paid to the Registrar for every such registration fee fifty rupees, or such smaller fee as2[the State Government] may, from time to time, direct; and all fees so paid shall be accounted for to2[the State Government] :
       3[Provided that no such fee shall be payable for the registration of a society formed with the object of running an educational institution in any area in which, the central Provinces and Berar Vidya Mandir Act 1939, [C.P. & Berar III of 1940] is in force, if the objects are similar to the objects of a Vidya Mandir established under Part I of that Act,]
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       1. These words, figure and letter were substituted for the words "the Registrar shall certify" Guj. 17 of 1978, s.5(2).
       2. These words were substituted for the words "Provincial Government" by A.O. 1950.
       3. This proviso was added by Bom. 76 of 1953, s. 3.

Legal Commentary on Section 3 of the Societies Registration Act, 1860

Introduction

Section 3 of the Societies Registration Act, 1860, provides the fundamental framework for the registration of societies, establishing the process, requirements, and legal recognition of voluntary associations engaged in literary, scientific, charitable, or other beneficial activities. It forms the backbone of legal recognition for societies, conferring upon them a corporate personality and enabling them to operate legally within the parameters set by the Act.

What does Section 3 Say

Section 3 mandates that a society can be registered upon filing a memorandum of association, along with a certified copy of its rules and regulations, and particulars of its registered office, with the Registrar of Societies. Upon compliance, the Registrar issues a certificate of registration, thereby conferring legal recognition. The section also authorizes the Registrar to certify the registration and prescribes the fee payable for registration.

Essential Ingredients

Memorandum of Association: Must specify the society's name, objects, and management structure.
Rules and Regulations: Certified copies must be filed, outlining the society's governance.
Registered Office: Particulars of the society’s address must be submitted.
Filing with Registrar: All documents must be filed with the Registrar of Societies.
Fee Payment: Registration fee as prescribed must be paid.
Registrar’s Certification: Upon satisfaction, the Registrar certifies the society’s registration.

Scope of Section

Applicability: Applies to societies formed for literary, scientific, charitable, or similar purposes.
Registration Process: Provides a clear procedure for registration, including documents required and fees.
Legal Recognition: Once registered, the society acquires a corporate status, capable of holding property, entering contracts, and suing or being sued.
Renewal and Cancellation: Though Section 3 primarily deals with registration, subsequent provisions (like Section 3-A and 3-B) govern renewal and cancellation.
Inclusion of Rules: Emphasizes the importance of proper rules and regulations for lawful functioning.

Punishment for Violations

While Section 3 itself primarily deals with registration, violations such as misrepresentation, filing false documents, or registering societies with undesirable or misleading names are penalized under other provisions, including Sections 4 and 12 of the Act, which prescribe penalties for non-compliance, false statements, or registration with undesirable names [, "Penalties for contravention"].

Legal Comments

Registration as a Legal Entity - Registration under Section 3 confers a society with a legal personality, enabling it to function as a corporate body, hold property, and sue or be sued in its own name [, "Legal recognition and corporate personality"].
Procedure and Documentation - The process mandates filing a memorandum, rules, and address, which must be verified and certified, ensuring transparency and accountability in registration [, "Procedural requirements"].
Role of Registrar - The Registrar’s role is quasi-judicial, involving verification of documents and certification of registration, but does not extend to substantive scrutiny of the society’s objects unless irregularities are evident [["Shikhar Jain VS National Neonatology Forum"], "Registrar’s role and jurisdiction"].
Registration and Name Restrictions - Section 3 prohibits registration of societies with undesirable or similar names that might cause confusion or mislead the public, maintaining integrity and transparency in society registration [, "Name restrictions"].
Inherent Power to Cancel or Cancel Registration - Although Section 3 does not explicitly provide for cancellation, the Registrar’s powers under the General Clauses Act and other provisions imply that registration can be revoked if obtained fraudulently or irregularly, subject to procedural safeguards [["ATOWAR RAHMAN VS STATE OF ASSAM"], "Power to cancel registration"].
Renewal and Re-registration - Societies are required to periodically renew their registration (Section 3-A), and failure to do so may lead to de-registration, but the process involves procedural safeguards and opportunity to be heard [["SWAMI RAMESHWAR PRAPANNACHARYA VS STATE OF UTTAR PRADESH"], "Renewal process"].
Disputes and Legal Remedies - Disputes regarding registration, cancellation, or name conflicts are generally to be resolved through civil proceedings or statutory remedies such as references to the State Government or Registrar, not through criminal proceedings unless fraud or misrepresentation is involved [["LIYAKAT MARQUISE KHAN VS CHRIST CHURCH COLLEGE SOCIETY, KANPUR"], "Disputes and remedies"].
Registration and Public Interest - Registration under Section 3 ensures that societies operate transparently and in accordance with law, safeguarding public interest, especially in charitable and religious contexts [["SWAMI RAMESHWAR PRAPANNACHARYA VS STATE OF UTTAR PRADESH"], "Public interest"].
Impact of Non-Compliance - Failure to comply with procedural requirements or filing false documents can lead to penalties, cancellation of registration, or criminal liability under relevant sections [["JOKHAN LAL SINGH VS DINESH SINGH. "], "Penalties and non-compliance"].
Legal Validity of Society’s Existence - Once registered, the society’s existence is presumed valid until challenged or de-registered, and such registration can be challenged in courts on grounds of fraud, irregularity, or violation of statutory provisions [["GRAND OMAXE APARTMENT OWNERS ASSOCIATION VS NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY"], "Validity and challenge"].
Legal Status of Society’s Rules - The rules and regulations filed at the time of registration form the society’s constitution and are binding; amendments require compliance with statutory procedures and approval [["GUJRATI DEVI SINGHEL VS ASSTT REGISTRAR FIRMS SOCIETIES AND CHITS GORAKHPUR "], "Amendments and rules"].
Registration and Name Similarity - There is no absolute prohibition on societies having similar or identical names; however, the Registrar may refuse registration if the name is undesirable or causes confusion, emphasizing the importance of due diligence [["SHAHGANJ PUBLIC SCHOOL, SHAHGANJ, JAUNPUR VS STATE OF U. P. "], "Name similarity"].
Registration and Subsequent Changes - Changes in society’s management, address, or objects post-registration require proper procedures, including filing amendments and obtaining approval, failing which registration may be challenged or annulled [["Resident Welfare Association VS State of U. P. "], "Post-registration amendments"].
Legal Presumption of Authenticity - Certified copies of registration documents are presumed authentic and sufficient proof of registration unless proved otherwise, facilitating legal transactions and dispute resolution [["Shrimati Lakhwinder Kaur VS Sadar Anjuman Ahmediyya Qadian"], "Proof of registration"].
Registration as a Prerequisite for Legal Status - Registration under Section 3 is a prerequisite for a society to acquire legal capacity, enter into contracts, and function effectively under the law [, "Legal capacity"].
Revocation of Registration - While Section 3 does not explicitly provide for revocation, courts and authorities may revoke registration on grounds of fraud, misconduct, or violation of law, following due process [["Merang Jamir VS State of Nagaland"], "Revocation and cancellation"].

Conclusion

Section 3 of the Societies Registration Act, 1860, is a vital statutory provision that facilitates the legal recognition of societies through a structured registration process. It ensures transparency, accountability, and legal capacity for societies engaged in beneficial activities, while also providing mechanisms for renewal, cancellation, and dispute resolution, thereby maintaining the integrity of voluntary associations in India.

References are provided in square brackets with source identifiers for further detailed reading.

S.3(a) Prohibition against registration of societies with undesirable names

       1 [3A.Prohibition against registration of societies with undesirable names
       No Society shall be registered by a name which, in the opinion of theRegistrar, is undersirable, being a name which is identical with, or which inthe opinion of the registrar, so nearly resembles the name by which any otherexisting society has been previously registered, as to be likely to deceive thepublic or members of either society or which, without the previous permissionof the Government concerned, suggests or is calculated to suggest the patronageof that Government or connection with any body constituted by that Governmentor any local authority, or which may, subject to any rules made in this behalf,be deemed to be undesirable by the Registrar.]
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       1.Section 3A was inserted by Guj. 17 of 1978, s.6

S.4 Annual list of managing body to be filed

       Once in every year, on or before the foruteenth day succeeding the day or which, according to the rules of the society, the annual general meeting of the society is held, or, if, the rules do not provide do not for an annual general meeting, in the month of January, a list1[shall be filed with the Registrar 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 this society.
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       1. These words were substituted for the portion beginning with the words "shall be filed" and ending with the words "the names" by Bom. 76 of 1958, s.2(d)(iii).

S.4(a) Changes in managing body and rules to be filed

       1 [4A.Changes in managing body and rules to be filed
       (1) Together with the list mentioned in section 4, there shall be sent to theRegistrar a statement showing changes during the year to which the list relatesin the personnel of Governors, council, directors, committee or other governingbody to whom the management of the affairs of the society is entrusted and alsoa copy of the rules of society corrected uptodate and certified to be correctcopy by not less than three of the members of the governing body.
       (2)A copy of every alteration made in the rules of the society, certified to be acorrect copy by not less than three members of the governing body, shall besent to the Registrar within thirty days of the making of such alteration.]
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       1.Section 4A was inserted by Guj. 14 of 1965, s.2.

S.4(b) Power of Registrar to call for information or returns from governing body of society and provisions relating thereto

       1 [4B.Power of Registrar to call for information or returns from governing body ofsociety and provisions relating thereto
       (1) The Registrar may serve, or cause to be served, on the authorised officeror any society registered under this Act, a notice requiring him to furnish insuch manner as may be prescribed by rules, information or returns relating topersons employed by the society, their conditions of employment (including theiremoluments, any contributions, concessions or other benefits and amenitiesprovided for employees ) and matters relating thereto, as may be prescribed bysuch rules and the authorised officer of the society on whom such notice isserved, shall be bound to comply with the requirement stated therein.
       (2)The form in which such information or returns shall be furnished, theparticulars which they shall contain and the intervals (if any) at which suchinformation or returns shall be furnished shall be such as may be prescribed byrules.
       (3)The notice referred to in sub-section (1) may be served by post.
       (4)No information or return collected for the purposes of this section shall,without the previous consent in writing of the society in relation to which theinformation or return was given or made, be published in such manner as wouldenable any particulars to be identified as referring to a particular society.
       (5)Except for the purposes of a prosecution for an offence under section 11A orunder the Indian Penal Code, [XLV of 1860] no person other than the Registrar or any personduly authorised by him in this behalf, shall be permitted to see or to haveaccess to any information or return furnished as aforesaid.
       (6)No suit or other legal proceeding shall lie against the Registrar or any personacting under the authority of the Registrar in respect of anything in goodfaith done or intended to be done in pursuance of this section.
       Explanation.--In this section "authorised officer", in relation to any society,means such officer or employee of the society as may be authorised for thepurposes of this section, by the rules and regulations of the society and indefault of such authorisation by rules and regulations, by a resolution inwriting by the society, and shall include,--
       (i)where any officer or employee so authorized is unable to perform his duties byreason of absence due to leave or any other cause, any other officer oremployee of the society who is in charge of the duties of the officer oremployee so authorised during his absence, and
       (ii)where no such officer or employee has been so authorised, any member of thegoverning body of the society.]
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       1.Section 4B was inserted by Guj. 17 of 1978, s.7

S.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.

S.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.

S.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 proceeding shall have been brought or continued, dying or ceasing to fill the character in the name whereof he shall have sued, or been sued, but the same suit or proceeding shall be continued in the name of or against the successor of such person.

S.8 Enforcement of judgement against society

If a judgement shall be recovered against the person or officer named on behalf of the society, such judgement 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 judgement, 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 judgement enforced against the property of the society.

S.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.

S.10 Members liable to be sued as strangers Recovery by successful defendant of costs adjudged

Any member who may be in arrear of 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.

S.11 Members guilty of offence punishable as strangers

Any member of the society who shall steal, purloin, or embezzle any money or other property, or wilfully 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 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.

S.11(a) Penalty for contravening section 4B

       1 [11A. Penalty for contravening section 4B
       If any authorised officer of a society who is required to furnish anyinformation or return under sub-section (1) of section 4B,--
       (i)wilfully refuses or without lawful excuse neglects to furnish such informationor return as may be required under section 4B; or
       (ii)wilfully furnishes or causes to be furnished any information or return which heknows to be false; or
       (iii)refuses to answer or wilfully gives a false answer to any question necessaryfor obtaining any information required to be furnished under section-4B,
       suchauthorised officer shall, on conviction, be punished for each such offence withfine which may extend to two hundred rupees.
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       1.Sections 11A, 11B and 11C were inserted by Guj. 17 of 1978, s. 8.

S.11(b) Penalty for improper disclosure of information or return

If the Registrar or any person duly authorised by him in connection with the collection of any information or returns under this Act wilfully discloses any information or the contents of any return given or made under this Act otherwise than in the execution of his duties under this Act or for the purposes of the prosecution for an offence under this Act or under the Indian Penal Code, he shall, on conviction, be punished for such offence with fine which may extend to two hundred rupees.

S.11(c) Sanction for prosecution

No prosecution for an offence under section 11A shall be instituted, except by, or with the sanction of, the Registrar, and no prosecution for an offence under section 11B shall be instituted except by or with the consent of the State Government.]

S.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,1[ or whenever the governing body of any society registered under this Act decides to change the name of the 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.
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       1. These words were inserted by Bom. 53 of 1948, s.2.

S.12(a) Registration of change of name

       1 [12A.Registration of change of name
       (1) Where a proposition for change of name has been agreed to and confirmed inthe manner prescribed by section 12, a copy of the proposition so agreed to andconfirmed shall be forwarded to the Registrar 2 [***] for registering the changeof name. 3 [ If the proposed change in name is in the opinion of the Registrarundesirable for any of the reasons mentioned in section 3A], the Registrarshall refuse to register the change of name.
       (2)Save as provided in sub-section (1), the Registrar shall, if he is satisfiedthat the provisions of this Act in respect of change of name have been compliedwith, register the change of name and issue a certificate of registrationaltered to meet the circumstances of the case. On the issue of such acertificate the change of name shall be complete.
       (3)The Registrar shall charge for any copy of a certificate issued undersubsection (2) a fee or rupee one and all fees so paid shall be accounted forto the State Government.
       4 [(4)If, through inadvertence or otherwise, a society is registered by a name, bywhich it should not have been registered having regard to the provisions ofsection 3A, the Registrar may, after hearing the society concerned, direct thesociety to change the name; and the society shall change its name within aperiod of three months from the date of the direction or within such longerperiod as the Registrar may think fit to allow, in accordance with theprovisions of this Act.]
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       1.Sections 12A, 12B and 12C were inserted, by Bom, 53 of 1948, s.3.
       2.The words "of Companies" were deleted by Bom. 11 of 1956, s.4.
       3.These words, figure and letter were substituted for the portion beginning withthe words "If the proposed name" and ending with the words "orthe members of other society" by Guj. 17 of 1978, s.9(a).
       4.Sub-section (4) was added by Guj. 17 of 1978, s.9(b).

S.12(b) Effect of change of name

The change in the name of a society shall not affect any rights or obligations of the society or render defective any legal proceeding by or against the society; and any legal proceeding which might have been continued or commenced by or against it by its former name may be continued or commenced by or against it by its new name.

S.12(c) Registration of change of names effected before coming into force of Bom. LIII of 1948

If any society registered under this Act has, before the date of the coming into force of the Societies Registration (Bombay Amendment) Act, 1948, [Bom. LIII of 1948.] intimated to the Registrar of Companies the change of its name and if the Registrar has recorded such change; the Registrar may, notwithstanding anything contained in this Act, on an application made by the society in this behalf and on payment of a fee as provided for in sub-section (3) of section 12A, register the change of such name and issue a certificate to the society under subsection (2) of the said section 12A. On the issue of such certificate the change shall be deemed to be complete from the date on which such change was recorded by the Registrar, notwithstanding the fact that the society had not followed the procedure prescribed in sections 12 and 12A.]

S.12(d) Maintenance of accounts and their balancing and auditing

       1 [12D.Maintenance of accounts and their balancing and auditing
       (1) Every governing body entrusted with the management or the affairs of asociety registered under this Act (not being a public trust within the meaningof the Bombay Public Trusts Act, 1950 [Bom XXIX of 1950] ) shall keep regular accounts.
       (2)Such accounts shall be kept in such form as may be approved by the Registrarand shall contain such particulars as may be prescribed by rules.
       (3)The accounts shall be balanced each year on the thirty-first day of March orsuch other day as may be fixed by the Registrar.
       (4)The accounts shall be audited annually in such manner as may be prescribed byrules, by a person who is a Chartered Accountant within the meaning of theChartered Accountants Act, 1949 [38 of 1949.] or by such other persons as may be authorisedin this behalf by the State Government,
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       1.Section 12D and 12E were inserted, Guj. 78 of 1948, s.10.

S.12(e) Auditor's duty to prepare balance sheet and report irregularities etc

(1) It shall be the duty of every auditor auditing the accounts of a society under section 12D to prepare an income and expenditure account and a balance sheet and to forward a copy of the same to the Registrar.
(2) The auditor shall in his report specify all cases of irregular, illegal or improper, expenditure or failure or omission to recover moneys or other property belonging to the society, or of loss or waste of money or other property thereof; and state whether such expenditure, failure, omission, loss or waste was caused in consequence of breach of trust, or misapplication of money or other property belonging to the society or any other misconduct on the part of the governing body or any other person. ]

S.13 Provision for dissolution of societies and adjustment of their affairs

       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, of 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,1[ 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 dissolved2[without the consent of the Government of the State of registration ].
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       1. These words were substituted for the words "whenever the Government" by A.O., 1937.
       2. These words were substituted for the words "without the consent of Government", by A.O., 1937.

S.14 Upon a dissolution, no member to receive profits. 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 the 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.
       1[Notwithstanding anything contained in section 14 of the Societies Registration Act, 1860 [XXI of 1860] hereinafter called the "said Act", it shall be lawful for the members of any society dissolved under section 13 of the said Act to determine by a 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 the satisfaction of all its debts and liabilities shall be given to Government to be utilised for any of the purposes referred to in section-1 of the said Act. ]
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       1. Repealed by the Indian Companies Act, 1866 (10 of 1866), s. 219., See now the Companies Act, 1956 (1 of 1956).

S.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 be counted as a member whose subscription at the time shall have been in arrear for a period exceeding three months.

S.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.

S.17 Registration of societies formed before Act

       Any company or society established for a literary, scientific or charitable purpose, and registered under1Act 43 of 1850, or any such society established and constituted previously to the2[commencement of this Act in the relevant part of the State but not registered under1Act XLIII of 1850 or any law for registration of societies or companies in force immediately before such commencement, as the case may be,] 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 under1Act 43 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 henceforth.
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       1. Repealed by the Indian Companies Act, 1866 (10 of 1866), s. 219., See now the Companies Act, 1956 (1 of 1956).
       2. These words and figures were substituted for the words and figures "passing of this Act but not registered under the said Act 43 of 1850" by Bom. 76 of 1958., s.4.

S.18 Such societies to file memorandum etc., with Registrar

       18.Such societies to file memorandum etc., with Registrar1 [**]
       In order to any such society as is mentioned in the last preceding sectionobtaining registry under this Act, it shall be sufficient that the governingbody file with the Registrar 1 [ * * ] 2 [ * * * ] a memorandum showing the nameof the society, the objects of the society, and the names, addresses andoccupations of the governing body, together with a copy of the rules andregulations of the society certified as provided in section 2,and a copy ofthe report of the proceedings of the general meeting at which the registrationwas resolved on.
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       1.The words "of Joint-Stock Companies" were deleted by Bom. 76 of 1958,s.5.
       2.The words and figures "under Act 19 of 1951" were omitted by theRepealing Act, 1874 (16 of 1874), s.1 and Schedule, Part-I. See now theCompanies Act, 1956 (1 of 1956).

S.19 Inspection of documents Certified copies

       1[Except as otherwise provided by section 4B, any person may inspect ] all documents filed with the Registrar under this Act on payment of a fee of one rupee for each inspection;2[ or may require the Registrar to give him a certified copy or extract of any document or any part thereof on payment of such fee as the State Government or any officer authorised by it may by notification in the Official Gazette, fix in that behalf ], and such certified copy shall be prima facie evidence of the matters therein contained in all legal proceedings whatever.
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       1. These words, figure and letter were substituted for the words "Any person may inspect" by Guj. 17 of 1978, s.11.
       2. These words were substituted for the words "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." by Bom. 76 of 1958, s.6.

S.20 To what societies Act applies

       1 [(1)]The following societies may be registered under this Act:--
       Charitablesocieties, the military orphan funds or societies established at the several presidencies of India, societies established for the promotion of2 [science,literature, sports ] or the fine arts, for instruction, the diffusion of usefulknowledge, 3 [ the diffusion of political education ], the foundation ormaintenance of libraries or reading-rooms for general use among the members oropen to the public, or public museums, and galleries of paintings and otherworks of art, collections of natural history, mechanical philosophical inventions,instruments or designs.
       4 [5 (2)* * * * * ] ]
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       1.Section 20 was renumbered as sub-section (1) of that section,Bom. 76 of 1958,s.7.
       2.These words were substituted for the words "science, literature" byGuj. 17 of 1978; s.12(1).
       3.Inserted by Act 22 of 1927, s.2.
       4.Sub-Section (2) was added by Bom. 76 of 1958, s.7.
       5.Sub-Section (2) was deleted by Guj. 17 of 1978, s.12(2).

S.21 Pending proceedings and construction of references to Registrar of Companies in instruments issued or made before 1st may, 1957 in Kutch, Madhya Pradesh or Saurashtra area of Bombay State

       1 [21.Pending proceedings and construction of references to Registrar of Companies ininstruments issued or made before 1st may, 1957 in Kutch, Madhya Pradesh orSaurashtra are of 2 Bombay State
       (1) All proceedings under this Act in its application to the Kutch, MadhyaPradesh and Saurashtra area of the 2 State of Bombay, pending before theRegistrar of Companies immediately before the 1st day of May, 1957 shall standtransferred to the Registrar of Societies and any such proceedings, shall becontinued and disposed of by such Registrar, as if it had been originallyinstituted before him under this Act.
       (2)In all certificates of registration and in all rules or bye-laws of societiesand in other instruments issued or made under this Act before the 1st day ofMay, 1957, references to the Registrar of Joint Stock Companies or theRegistrar of Companies shall be deemed to be and be construed as references tothe Registrar of Societies.
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       1.Inserted by the Societies Registration (Bom. Adaptation) Order, 1957.
       2.The words "State of Bombay" and "Bombay State" standunmodified by the Gujarat Adaptation of Laws (State and Concurrent Subjects)(Eighth Amendment) Order, 1961.

S.22 Penalties

       1[22. Penalties
       (1) If the president, secretary or any other person authorised in this behalf by a resolution of the governing body of the society fails to comply with the provisions of section 4, he shall, on conviction, be punished with fine, which may extend to five hundred rupees and in the case of a continuing breach, shall also be punished with fine not exceeding fifty rupees for each day, during the period the breach continues after first conviction for such offence.
       (2) If any person wilfully makes or causes to be made any false entry in or any ommission from the list required by section 4, or in or from any statement or copy of rules or alterations in rules sent to the Registrar under section 4A, he shall, on conviction, be punished with fine which may extend to two thousand rupees.
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       1. Sections 22 and 23 were inserted by Guj. 14 of 1965, s.3.

S.23 Trial 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 Act1[other than an offence punishable under section 11B,] except upon complaint made by the Registrar or any other person authorised in writing by him, in this behalf.]
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       1. These words, figures and letter were inserted by Guj. 17 of 1978, s. 13.

S.24 Power to make rules

       1 [24.Power to make rules
       (1) The State Government may, by notification in the Official Gazette, makerules to carry out the purposes of this Act.
       (2) Inparticular and without prejudice to the generality of the foregoing provision,such rules may be made for all or any of the matters expressly required orallowed by this Act to be prescribed by rules.
       (3)The power to make rules conferred by this section is subject to the conditionsof the rules being made after previous publication.
       (4)All rules made under this section shall be laid for not less than thirty daysbefore the State Legislature as soon as possible after they are made and shallbe subject to rescission by the State Legislature or to such modifications asthe State Legislature may make during the session in which they are so laid orthe session immediately following.
       (5)Any rescission or modifications so made by the State Legislature shall bepublished in the Official Gazette, and shall thereupon take effect. ]
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       1.Section 24 was inserted, Guj. 17 of 1978, s. 14.

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