Saturday, January 9, 2010

M.P. & C.G. SOCIETY REGISTRIKARAN ADHINIYAM, 1973

M.P. SOCIETY REGISTRIKARAN ADHINIYAM, 1973
(No.44 of 1973)
Received the assent of the Governor of 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
registration of literacy, scientific, education, religious, charitable or
other societies, in Madhya Pradesh.
Be it enacted by the Madhya Pradesh Legislature in the Twentyfourth
Year of the Republic of India as follows :
CHAPTER –I
Preliminary
1. Short title, extend and commencement :- (1) This Act may be
called the Madhya Pradesh Society Registrikaran Adhiniyam, 1973.
(2) It extent 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 of 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 upon 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, instructions or designs;
(viii) promotion of social welfare;
(ix) promotion of religious or chartable purpose including
establishment of funds for welfare of military orphans
welfare of political suffers and welfare of the like;
(x) promotion of gymnastics;
1[(xi) promotion and implementation of 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) "Government body of a society" means the Governors,
Council Directors, Committee, Trustees of 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 the said 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) "Regulations of a society" means registered regulations
of the society for the time being in force;
(e) "Society" means a society registered of deemed to have
been registered under this Act;
1[(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.]
2[3A, Saving or existing societies – A society registered or
deemed to be registered under the Act repealed under
Section 44 shall be deemed to have been registered under
this Act.]
CHAPTER –II
Registrar of Societies and other Officers.
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 of special orders as the State
Government may make, superintend the administration and carry out the
provisions of this Act throughout the State.
(2) The State Government may also by like notification appoint
persons to by called Additional, Joint, Deputy and Assistant Registrar of
Societies for such areas as may be specified in the notification and
empower them to exercise power and to perform duties under all or any of
the provisions of this Act as may be specified in the notification.
CHAPTER –III
Registration
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 be 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 existance has been previously registered
anywhere in the State; or
(b) which has as its component –
(i) such words has may suggest or may be calculated to
suggest the patronage of the Government of India or
the Government or a State; or
(ii) such words as 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 in the opinion of Registrar, likely to
mislead the public .
(3) A copy of the regulation of the society, certified to a correct
copy of 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 – It the Registrar is satisfied that a society has
complied with the provision 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. Regulation of society - The regulation of a society may
provide for -
(i) the conditions of admission of members;
(ii) the liabilities of members to fines and forfeitrues
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
of 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 through expendient,
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 memorandum of
association or regulations of a registered society shall be valid until
the amendment has been registered under this Act.
1[(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 this 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 of regulation
etc. of a society - 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 then
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 is
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 is the register in place of the
former one and issue a certificate of name shall be complete and effective
only on issue of such a certificate.
(3) The Registrar shall also 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 or
the society, ten days previous to the special meeting convened by the
government body for the consideration thereof, and unless such
proposition shall have been agreed to by the votes of three-fifths of the
members present at a second special meeting convened by the
government 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 :-
1[(a) name, address and signature with date of each members;]
(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 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, 2[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 subscription
which according to the regulations of the society he is bound to
pay or who shall posses himself of or detain any property of the
society in a manner or for a time contrary to such regulation or shall
injure or destory any property of the society may b sued for 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 Society, who shall steal, purloin or
embezzle any money or other 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 or 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 of 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 society registered under this Act, if
not, vested n trustees, shall be deemed to be vested for the time
being in the governing body of the such society and in all
proceedings civil and criminal, may be described as the property of
the governing body of the society by their proper title.
21. (1) Society not to acquire or sell of transfer immovable
property without prior permission of Registrar - No immovable
property shall be acquired of transferred by sale, gift or otherwise
by the society without the prior permission of the Registrar in
writign.
1[(2) The property acquired or transferred shall not 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 as may be prescribed.
(4) Where the society violates the provision of subsection
(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 such be appointed by teh 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 of 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 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 proceedings
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 matter 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 or members of the society or the Registrar during the
office hours of the society.
(3) For the purpose of sub-section (2) 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 power to seize record etc. – (1) Where
the Registrar is satisfied that :-
(a) the records, register or the book of accounts of a
society are likely to be tempered with or destroyed
and the funds and the property of a society are likely
to be misappropriate 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 book 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
person so authorised.
(2) In order to secure compliance of the order under subsection
(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
2[27. Annual list of governing body to be filed – Once in every year,
or before the forty-fifth day on which according to the regulations of the
society the annual general meeting of the 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 other if any, with signature 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 theirty 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.]
2 [28. Audit and Inspection - (1) Every Society shall send to the
Registrar a statement of income and expenditure with full particulars duly
audited by its Auditor, audit report and balance-sheet of the previous year
alongwith 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 30th day of April every year where the regulation do
not provide for an annual general meeting. If the society fails to sent the
aforesaid statements within the stipulated time the society shall be liable
to pay late fee as may be prescribed. On receipt of such statement, the
Registrar shall verify the statements and shall ensure that the funds have
been utilised for the promotion of the society and its objects and he may
also issue such instructions in respect of utilisation 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 it necessary to undertake a special
audit he may audit or cause to be audited by some person authorised by
him by general or special order in writing in this behalf the account of any
society.
(3) Any person authorised by general or special order in writing
in this behalf by the Registrar shall at ll 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 account and working of the
society as the person making such inspection may require.
1[29. Inspection of documents - Any person may inspection all
or any of the document filed with the Registrar under this Act or require
copy of extract of any such document to be certified by the Registrar by
filing an application together with such fee as may as may be prescribed
and such certified copy shall be Prima facie evidence of matter therein
contained in all legal proceedings whatsoever.]
30. Power to enforce attendance etc. - The registrar shall
have power summon and enforce the attendance of witnesses including
the parties interested or any of them and to compel them to give evidence,
and compel 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, 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 be 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 to the best of their power.
_______________
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 91) shall
be held on the application 1[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 f the
society.
(3) The registrar or the person authorised by him under subsection
(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-guarters of the society
or 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 byelaw
specifying the period of notice for a generally meeting
of the society, require the officers of society to call a
general meeting of the society at such time at the
head office of the society or at any place at the head
quarter of the society and do 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 (1) shall have all
the powers of a general meeting called under the
regulations or byelaws of the society and its
proceedings shall be regulated by such byelaws.
2[(4) When an enquiry is made under this section the Registrar
shall communicate the result of the euquiry to the society and may issue
appropriate directions to the society, which shall be binding on all parties
concerned.]
33. Supersession of governing body - 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
byelaws of the society or by any lawful order passed by the
State Government or Registrar or is un-willing 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 year 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 byelaws 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 provision of this Act, or the
Regulations or byelaws made thereunder but has failed to get the new
governing body elected :
Provided further that the Registrar or the officer authorised by
shall, for the purpose of conducting election, have all the necessary power
under the Act or the Regulations or byelaws made thereunder .
(2) No order under sub-section (1) shall be made unless the
governing body has been given a reasonable opportunity of showing 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 int he 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 the 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 the management of the society shall be
payable from its funds.
(6) The person or persons so appointed shall at the expiry of the
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 the society and person or persons appointed under sub-section (1) in
respect of any matter it shall be referred to the Registrar for decision and
his decision thereon shall be final.
(8) During the period between the issuance of notice and the
passing of an order removing the governing body may be required by the
State Government to function under the supervision and with the 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 the
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, applicable thereto liabilities according to the regulations of the
said society applicable thereto it 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 which the Chief building of the Society is situated, and the court
shall make such order in the matter as it shall deem it.
Provided further that no society shall be dissolved unless threefifths
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 also that whenever the 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 no information received by him or
otherwise is of the opinion that a society has become defunct or has been
persistently making default in the observation of the provision of this Act,
or the regulations or by elaws 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 the expiry of the notice period on being satisfied that no useful
purposed 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 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 member present personally of
proxy at the time of the 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 establishment by the contributions of share holders
in the nature of Joint Stock Company.
36. (1) Determination after dissolution that property be
utilised by Government – Notwithstanding anything contained in Section
35 it shall be lawful for the 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 utilised for any of the
purposes referred to in Section 1.
1[(2) In the event of concellation of the Registration of Society under
sub-section (3) of Section 34 the movable and immovable assets of the
society or its institution or centres 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 or the District where the property is
situated to take charge of the same on intimation of cancellation by the
Registrar.]
_______________
CHAPTER –IX
Offence and Penalties
37. Cognizance of offence – (1) No Court infeior 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.
38. Penalty for non compliance of Section 30 or making
false entry - (1) If the President, Secretary or any other person
authorised in this behalf by a resolution of the government body of the
society fails to comply with the provisions of Section 27, he shall on
conviction be punishable with fine which may extend to five hundred
rupees and in case of continuing breach, shall also be punishable with fine
not exceeding fifty rupees for each day during the period the breach
continues after fist conviction for such offence.
(2) If any person wilfully makes or causes to be made any false
entry in or any omission from , the list required by Section 27 or in from
any statement or copy of regulation or alternation s 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 Section 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) 2[ An appeal shall lie –
(a) if the order is made by the Registrar appointed under subsection
(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 the 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 from 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 satisfied 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 autorised to exercise powers under
this Act or the rules made thereunder 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 1960) shall
stand repealed.
AMENDMENT OF M.P. SOCIETY REGISTRIKARAN ADHINIYAM, 1973
In Respect of Ashaskiya Shikshan Sanstha
by Act No. 20 of 1978
This Act will apply to Ashaskiya Shikshan Sanstha subject to
Modifications specified in the Schedule –
THE SCHEDULE
(See Section – 12)
MODIFICATIONS IN THE MADHYA PRADESH SOCIETY
REGISTRIKARAN ADHINIYAM, 1973
1. Insertion of new Section 31 – In "Chapter VII- Inquiry and
supresession' before section 32, the following section shall be deemed to
be inserted, namely :-
"31-A. In this Chapter "Registrar" shall mean Education
officer within the meaning of clause (C) of Section 2 of the
Madhya Pradesh Ashaskiya Shikshan Sanstha (Adhyapakon
Tatha Anya Karmchariyon ke Vetano Ka Sandaya)
Adhiniyam, 1978.
2. Amendment of Section 33- For clause (a) of sub-section
(1) of section 33, the following clause shall be deemed to be substituted,
namely :-
"(a) Persistently makes default or negligent in the
performance of the duties imposed on it by or under this Act,
regulations of byelaws of the society or by under any other
enactment for the time being in force or by any lawful order
passed by the State Government or Registrar, or is unwilling
to perform such duties or ".
3. Amendment of Section 37 – To sub-section (2) of Section
37 following proviso shall be deemed to be added, namely :-
"Provided that no court shall take congnizance of an offence
punishable under sub-section (1) of Section 38, as
substituted by Section 12 of the Madhya Pradesh Ashaskiya
Shikshan Sanstha (Adhyapak on Tatha Anya Karmchariyon
Ke Vetano Ka Sandaya) Adhiniyam, 1978 except upon a
complaint made by such officer as the State Government
may, by notification specify in this behalf".
4. Amendment of Section 38 - For sub-section (1) of Section
38, the following section shall be deemed to be substituted, namely :-
"(1) If the Present, Secretary or any other person
authorised in this behalf by a resolution of the governing body of the
Society :-
(a) fails to comply with the provisions of Section 27; or
(b) fails to comply with any direction given under Section
4 or with the Madhya Pradesh Ashaskiya Shikshan
Sanstha (Adhyapakon Tatha Anya Karmchariyon Ke
Vetano Ka Sandaya) Adhiniyam, 1978 he shall on
conviction be punishable –
(i) in the case of an offence falling under clause (a), with
fine which may extend to five hundred rupees and in
the case of continuing breach with a further fine which
may extend to fifty rupees for every day after the first
during which the breach continues ;
(ii) in the case of an offence under clause (b) with
imprisonment for a term which may extend to three
months or with fine which may extend to one
thousand rupees or with both the for the second and
subsequent offence, with imprisonment for a term
which may extend to five thousand rupees or with
both."
Madhya Pradesh Society Registrikaran Niyam, 19981
Bhopal the 24th November, 1998
No. F-1(1)/42/98/a/XI- In exercise of the powers conferred by
Section 43 of the Madhya Pradesh Society Registrikaran Adhiniyam, 1973
(No. 44 of 1973), the State Government hereby makes the following
Rules, namely :-
1. Short title : (1) These rules may be called the Madhya
Pradesh Society Registrikaran Niyam, 1998.
(2) They shall come into force with effect from the date of their
publication in the Madhya Pradesh Gazette.
2. Definitions :- In these rules, unless the context otherwise
requires –
(a) "Act" means the Madhya Pradesh Society Registrikaran
Adhiniyam, 19973 (No. 44 of 1973);
(b) "Form" means a form appended to these rules :
(c) "Defaulter Society" mean, a Society making persistently
default in compliance and performance of 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, apples.
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 fees 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 subsection
(1) of Section 21, of the Act, the Society shall be liable to deposit
the double amount of the fee payable under rule 2 and if any society
violates the provision of sub-section (2) of section 21, the Society shall be
liable to deposit 20% amount of the cost of property.
(2) The late fee payable under section 27 and 28 by any society
shall be double of the amount of the 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 Section 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 Registration with
Form IV, and on receipt of such certificate the Registrar shall issue a
certificate in Form V with necessary alterations embodies therein.
10. Application for obtaining permission for acquiring or
transfer or 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 provision 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 2% of Purchase
(1)- (i) for permission to purchase and sale 5% of Sale:
(ii) for each gift Rs. 5000.00
(b) 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 the 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)
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 occupation are
specified below :-
Serial No. Name Address
Occupation
(1) (2) (3) (4)
1.
2.
3.
4.
5.
6.
7.
5. One copy of the 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 address 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 Number Name and full address of
Signature
the subscribers with Father/Husband name
(1) (2)
(3)
1
2
3
4
5
6
7
Dated :
To,
The Registrar of Society Witness
........................................
....................................... Signature
.....................................
....................................... Name
..........................................
Full Address
................................
--------------
FORM II
(See Rule 6)
Government of Madhya Pradesh
(MONO)
Certificate of 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 No. Name and address
of the Society
Date of filing the
Memorandum of
Association
Date of Registration
(1) (2) (3) (4)
Name and
Address of
person
filling the
memorandu
m of
Association
No. And Date of the
resolution for the
change of the name
of the society
No. and date of
proposal for the
amendment in the
regulations of the
Society and the date of
registration of the
amendments
Signatur
e of the
Registra
r
Remarks
(5) (6) (7) (8) (9)
FORM IV
(See Rule 9)
Application Under Section 10 and 13 of the Madhya Pradesh Societies
Registrikaran Adhiniyam, 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 of passed to how
many members notice of meeting
served and what is the quoram.
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 quoram 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........... (Resident)
.................................................Designation ..............................hereby
declare that above all informations are true according to my knowledge
and belief, and I know giving any false information shall be punishable
under Section 30 (2) of the Act.
.....................
...............
(Signature of President)
--------
FORM V
(See Rule 9)
Government of 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 Society .................................................
2 Registration Number and Date of the
Society
.................................................
3 Full particulars of the immovable
property of Society.
.................................................
4 Full particulars of the immovable
property 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.
.................................................
9 If the seller/purchaser belongs to
Schedule Tribe then the order of the
Collector be enclosed.
.................................................
1
0
Any other information if any (such as
sources of funds etc.)
.................................................
1
1
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)
--------
FROM 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 quoram.
.................................................
6 On what date the present office bearers
took charge from the past office
bearers, enclose the 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 the society.
.................................................
9 When the last annual list was submitted.
If not submitted what is the reason.
.................................................
1
0
Enclosed minutes of this years annual
General meeting with date
.................................................
1
1
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
O
r
Signature of Secretary.
By order and in the name of the Governor of Madhya Pradesh,
A.N.TIWARI, Dy.Secy.
Notification No. F-73-51-78-1-9-XX, dated the 7th December,
1973, In excercise of the power conferred by the proviso to sub-section (2)
of Section 37 of the Madhya Pradesh Society Registrikaran Adhiniyam,.
1973 (No. 44 of 1973), as modified by Section 12 of the madhya Pradesh
Ashaskiya Shikshan Sanstha (Adhyapakon Tatha Anya karmchariyon Ke
Vetano Ka Sandaya) Adhiniyam, 1978 (No. 20 of 1978), the State
Government hereby specifies all Collectors and such Deputy Collectors as
may be authorised in witing by the Collector concerned for purpose of
making complaint under the said proviso.

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