The Societies Registration Act

2 -. 9 - s The Societies Registration (Goa, Daman and Diu First Amendment) Act, 1979 mes oc)euw Regatration (Goa, Daman and Diu First Amendment) Act, 1979 ' mes o*ies ~ ~ ~ a(Go~a. Dfamim ~mdn Dia Fit Amendment) A C 1 979 (Act NO. 6 1 9 ~p) ~ - ) mplu blished in the m c i i GaXe, *"as I No. ~9 d.*d 18-10-1979 and came into force at once. ~h~ sofietie ~ ~ g i r t w(Gt Oh. Second Amendment) Am 1998 (Gon Ad 1 of 1999) [ll-5-19991 published in the O R iG azette, Series INo 11 dated 11-6-1999 and came into force at oace. Arrangement of secfions 1 1 9 ~~wrtioofn sections 1% 12B, 12C and I 11c 1 g Amendment of section lZ GOVERNMENT OF GOA. DAMAN AND Dm Departm-en t of Law (Legal Advice) Division % following Act whioh was passed by the Legislative Assembly on 27-3-1979 and assented to by the President of India on 20-9-1979 is hereby published for genersl information of the public. B. S. sllb&~onaU, nder Secretary (Law). baji9 ' October, 1979. -3- The Societies Registration (Goa, Daman and Diu First Amendment) Act, 1979 (Act No. 6 of 7379) 120-9-19791 '- AN d ACT to mend &e Sodieties Reg'slration AM, 1860 in its application to the Umbn territoo~f~ Daman andDiu. Be it enacted by the Legislative Assembly of Goa, Daman and Diu in the Thirtieth Year of the Republic of India as follows:- 1. Short title, extent and commencement.- (1) This Act may be called the Societies Registration (Goa, Daman and Diu First Amendment) Act, 1979. (2) It extends to the whole of the Union territory of GOB, Daman and Diu. (3) It shall come into force at once. 2. Amendment of section 1.- In the SociCties Registration Act, 1860 (Central Act 21 of 1860) (bereinafter refeened to as the principal Act), the existing section I shall be re-numbered as section 1A and; (jj before section LA as so re-numbered, the following secti-on shall be inserted, namely:- '1. Definitions.- In this Act, unless the context otherwise requires,- \-..,, (a) ."Inspector-General" meaps the Inspector-General of Regisbation appointed unde~se ction 3 of the Indian Registration Act, I I I ( Central Act 16 of 100,a nd -!.ah t.1 includes my of the Distriot Authorities sybordinate to the Inspector-Gmml of Registration not below the rank of a D&ct Registrar to whom powers may be delegated in respect of this Act; (h) "notification" means notificationp ublished in the Official Gazette; "prescribed" means prescribed by rules made undw this Act; (0) (d) "Registmtion of Societies Order" means the Registration of Sooieties Order, issued by the Lieutenant Governor of Goa, Daman and Diu under otansa 2 of the Ooa, Ddana nd Diu (Administration) Removal of DifficultiesO rder, 1%2.': (ii) in section 1A as so re-numbed, for the words "the Registrar of Joint Stock Companiesz't he word$ "the Inspector-GeneraY shall be substituted. 3. Amendment of sedion 3.- in seotion 3 of the principal Am;- (i) for the words "the Registrar shall certify", the words "the Inspector-General shall, subject to the provisions of section 3A, certify" shall be substituted; (ii) forthe words "the Registrar for", the words "the Inspector-General for" sball be substituted. - . 4. Insertion of new section 3k - AAer section 3 of the principal Act, the following section shall be inserted, namely:- "3k Prohibition against registration of societies with undesirahle names.- No society shall be registered by a name which, in the opinion of the Inspector-General, is undesirable, being a name which is identical with, or which in the opinion of the InspectorGend so nearly resembles the name by whicb any other existing society has been previously registered as to be likely m deceive the public or members of either society, or whicb is being used without the previous permission of the Govemment concerned, and whicb suggests or is calculated to suggest the patronage of any Government or w~ectionw ith any body constituted by any Govemment or local authority, or which may, subject to any rules made in this behalf, be deemed to be undesirable by the Inspector-General. Pmvided that no order shall be passed under section 3A unless the party against whom such order is pmposed to be passed is heard on the matter.". 1[ "3B. Renewal of certiheete of registration.- (1) Subject to the provisions of sub-section (2), a certificate of registration issued under section 3 shall remain in force for a peciod of five years from the date of issue: Provided that a certificate of registration issued before the commencement of the Societies Registration (Goa Second Amendment) Act, 1998 (hereinaRer in this section referred to as the "said Ace'), shall remain in force for a period of one year ftam the date of such commencement. (2) A society registered under section 3, whether before or after commencement of the said Act, shall, on application made to the Inspector-General on expiration of the per! bd referred to in sub-section (1) and on payrncnt of fees specified in subsection (3), c'entitlcd to have its ccrtificslc of registration renewed for five years, at a limc: Provided that in the case of a society registered before the commencement of the said Act, the Inspector-General shall refuse to renew the certificate of registdon, if, after giving it an opportunity of showing cause against such refusal, he is satisfied that any of the grounds mentioned in section 4A exist in respect thereof. (3) There shall be paid to the Inspector-General with every &pplioation for renewal of certificate of registration- (a) a fee equal to the registration fee payable under section 3 or Rs. loo/-, whichever is less, if such application is filed within the period specified under sub-section (2); (b) an addifional fee of Rs. as/-, if such application is filed withim one month of the date of expiration of the period specified under sub-section (2); (c) an additional fee at the rate of Rs. 51- per month or part thereof, if such application is filed beyond one month of the expiration of the period specified under sub-section (2). ' 1nssd.dnew dons3 B and 3C by lhe ~msodmerdA ol No. I of 1999 (4) Every application for renewal of certificate of registration shall be accompanied by the list of members of the managing body or governing body, as the case may be, elected afterthe registration of society or after renewal of certificate of registration and also the certificate sought to be renewed, unless dispensed with by the Inspector- -General on the ground of its loss or destruction ar any other sufficient cause. (5) A society which fails to get the certificate of registration renewed in aooordance with this section within one year from the expiration of the period for which the certificate was operative, shall become an unregistered society: Provided that the Inspectar-General may, for sufficient cause, allow the application for renewal for more than one year after the expiration of the periad for which the certificate was operative, on payment of fees of Rs. SO/-. (6) Where a certificate of registration is renewed in acwrdance with subsaation (2) or sub-section (4), such renewal shall operate from the date of expiration of the period for which the certificate was operative. 3C. Reference to the Government- If any question mkes whetber any society is entitled to get itselfregistered in acwrdance with section 3 or to get it's certificate of registration renewed in aooordanoe with section 3B, the matter shall be referred to the Government, and the decision of the Government thereon shall be hl.'']. 5. Amendment of section 4.- In section 4 of the principal Acf, for the words "the Registrar of Joint Stock Companies", the words "the Inspector-Gene+ shall be substituted. 6. Insertion of new section 4.4- After seation 4 of the princippl Act, the following section shall be inserted, namely:- "4A, Pewer of Inspector-General to call for infonnation or returns from governing body of society and provisions relating thereto.- (1) The Inspector- -General may serve or cause to be served, on the governing body entrusted with the management of the &airs of any society registered under this Act, a notice requiring it to furnish in such manner as may be prescribed, information or returns relating to petsons employed by the society, their aonditions of employment (including their emoluments, any wntributions, concessions or other benefits md amenities provided for amployees) and such other matters relating thereto, as may be prescribed. (2) The form in which such information or returns shall be furnished, theparticulars which they shall contain and the intervals (if any) in which such information or returns shall be fiunished, shall be such asmay be prescribed. (3) The notice referred to in subsection (I) may be sewed by post. (4) No information or returns wllected for the purposes of this section, shall, without the previous consent in writing of the society in relation to which the information or returns was given or made, be published in such manner as would enable any particulars to be identified as refercing to a particular society. (5) Except for the purposes of a prosecution under section 11A or nnder the Indian Penal Code (Central Act 45 of 1860), no person other than the Inspector-Gene& or any person duly specified by h i i n this behalf, shall be pemitted to see any information or rehuns furnished as afmsaid. (6) No suit or other legal proceeding shall lie against the Inspector-General or any person acting under the authority of the Inspector-General in respect of anything in good faith done or intended to be done in pursuance of this section!'. 7. Insertion of new sections 11A, 11B md 11C.- After section 11 of the principal Act, the following sections shall be inserted, namely:- "llk Penalty for contravening section 4A.- If the governing body entrusted with the management of the affairs of any society registered under this Act required to furnish any information or returns - (i) wilfully refuses or without lawful excuse neglects tD furnish such information or rehuns as may be required under section 4k,o r (i) wilfully furnishes or causes to be furnished any information or remms which it knows to be false; or (ii refuses to answer or, dfqlly gives a false answer to any question necessary for obtaining aoy informationr equired to be futnished under section 4A, such governing body shall, for each such offence, on conviction, be punished with fine which may extend to fifty rupees 11B. Penalty for improper disdosnre of information or retorn.- if the Inspector-General or any petson duly authorized by him in connection with the collection of any information or returns under this Act willfully discloses any information or contents of any returns given or made under this Act otherwise than in the execution of his duties under this Act or for the purposes of prosecution, of an offence under this Act or the Indian Penal Coda (Central Aet 45 of 186B), he shall, on conviction, be punished for such offence with fine which may extend to two hundred rupees. 1 1C. Cognizance of offences.- No prosecution for an offence under section 11 A shall be instituted, except by or with the sanetion of, the inspector-General, and no prosecution for an offence under section 118 shall he instituted except by or with the consent of the Government.". 8. Amendment of section 12.- In section 12 of the principal Act, &r the words "either wholly or partially with any. other society" the words "or to change the name of the society"sha1l be inserted. 9. Insertion of new sections 12A, 12% 12C and 12D.- After seetion 12 of the principal Act, the following sections shall be inserted, namely:- "UA Registration of change of namei( 1) Where a proposition for change of name of a society has been agreed to and coniirmed in the mannet specified in section 12, a copy of the proposition so agreed to and conbrmed shall be fwarded to the Inspector-General for registering the change of name. (2) If the proposed change of name is in his opinion undesirable far any of the reasons mentioned in seotion 3A, the Inspector-General shall refuse to register the change of name. (3) Save as pmvided in subsection (2), the Inspector-General shall, if he is satisfied that the provisions of the Ad in respect of the change of nqne have been complied with, register the change of name and issue a certificate of registration altered to meet the ciroumstances of the wse and on the issue of such a certiftcate, the c&ge of name shall be complete. (4) The inspector-General shall charge for any wpy of a certificate issued under sub-section (3) a fee of one rupee and all fees so paid shall be accounted for to the Government. (5) If, through inadvertence or otherwise, a society is registered by a name which should not have been registered (due regard being had to the provisions of seotion 3A), the Impactor-General, may, after hearing the party wncemed, dim3 the sociaty to change the name, and the society shall change its name withib a period ofthreemonths h m t he date of such dirwtion or such longer period as the InPpector-@enera1 may think fit to allow, in accordance with the provisions ofthiis Act. 12B. Effect of change of namecT be change of name of a society shall not affwt any right or obligation of the society or render defective any legal proceeding by or against the society, my legal proceeding which might have been continued or commenced by or against it by its former name may be wntioued or wmmenced by or against it by its new name. 12C. Maintenance of accounts and their balancing and accounting.- 0)E very governing body entrusted with the management of the affairs of a society registered under this Act shall keep regular accounts. I (2) Such accounts shall be kept in such form as may he approved by the Inspector- -General, and shall contain such particulars as may be prescribed. (3) The accounts of a Society shall be balanced each year on the 31' day of March or such ather date as may be foed by the Inspector-General. (4) The accounts of a society shall he audited annually in such manner as may be prescribed and by a person who is a chartered acwutltatlt tdh'il the meanilrg of the Ch&red Accountants Act, 1949 (Central Act 38 of 1949), oT by such persons as may be authorized in this behalf by the Government. 12D. Auditor's duty to nport irregularity.- (1) It shall be the duty of evety auditor, auditing the amounts of a society under sdon 12C to prepare a report relating to midith~s uch account and forward a wpy of the same to the Inspector- -General. (2) The auditor shall, in his repart, specify all cases of irregular. illegal or improper expenditure, or failure or omission to recover moneys or other property thereof, and state whether such expenditure, failure, omission, loss or waste was cawed in consequenoe of breach of trust, or misappmpriation or any other misconduct on the part ofthe governing body or any other persoan. 10. lasertion of new section 14A.- AAer section 14 of the principal Act, the following section shall be insetted, namely:- "14k Disposal of property of a dissolved society.- Notwithstanding anyting contained in section 14, it shall be lawful for the members of my society dissolved under section 13 to determine by a majority of the 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 utilized for any of the purposes refemed to in section 1A.". - 11. Amendment of section 17.- In section 17 of the principal Act, (I) for the words and figures "Act 43 of 1850, wherever they occur, the words, "the Registration of Societies Order" shall he substituted. @)for the words "passing ofthis Act" the words "wmmencement of this Act in thi~ Union territoq" shall be substituted. 12. Amendment of seetion 18.- In section 18 of the principal Act, for the words "the Registrar of Joint Stock Companies", The words "the Inspector-General" shall be substituted. 13. Amendment of section 19.- In section 19 ofthe principal Act.- (i) fbr the words "Any persons may inspect", the words '*Except as otherwise provided by section 4A, any person may inspect" shall be substituted; (ii) for the words "The R e , the words "the Inspector-General" shall be substituted; (iii) for the words "and any person may require a copy or extract of any document or any part of any document, to be certilied by the Registrar, on payment of two annas for every hundred words of such copy or extract", the words "or may require the Inspector-General to give him a certified copy or extract of any document or any patt thereof on payment of such fee as the Government or any officer authorized by it may by notification in the Wcial Gazette fix in that behalf" shall be substituted. '["~OA, Investigation of aBairs of society.- (1) Where, on information received under section 4A or otherwise, or in circumstances referred to in section 12D, the Inspector-General is of the opinion that there is apprehension that the f i t s o f the society registered under this Act, are being so conducted as to defeat the objects of the society or that the society or its governing body, by whatever name called, or any officer thereof in actual effeotive contml of the society is guilty of mismanaging its affairs or of any breach of fiduciary or other like obligations, the Inspm-General may, either himself or by any person appointed by him in that behalf, inspect or investigate into the affairs of the society or inspect any institution managed by the society. - - ' ~ n e ww3wm 2OA.208.20C. 200 eod20E by* amendment Act 1 of 1999 (2) It shall be the duty of every offioer of the sooiety when so required by the Inspector-General or other person appointed under sub-section (I), to produce any books of acwunts or other rewrds of or relating to the society which are in his custody or to give him all assistance in connection with such inspection or investigation. (3) The Inspector-General or other person appointed under sub-section (1) may, call upon and examine on oath any officer, member or employee of the society in relation to the affairs of the society and it shall be the duty of every officer, member or employee, when called upon, to appear before him for snch examination (4) The Inspector-General or other person appointed under sub-section (1) may, if in his opinion it is necessary for the purpose of inspection or investigation, seize any or all the records including the aowunts books of the society: Provided that any person from whose custody such records are seized, shall be entitled to make such copies thereof, in the presence of the person having the custody of such rewrds. (5) On the wnclusion of the inspection or investigation, as the case may be, the person, if any, appointed by the Inspector-General to investigate or inspect, shall make a report to the Inspector-General on the result of his inspection or investigation. (6) The Inspector-General may, after such investigation or inspection, give such directions to the society or its governing body or any officer thereof, as he may think fit, for the removal of any defects or irregularities within such time as may be specified and in the event of default in rakmg action in accordance with snch dictions, the Inspector-General may proceed to take action under seaion 12D. MB. Pena1ty.- If any person willfully makes or causes to be made any false entry in, or any omission from, the List required by section 4 or in or from any statement of wpy of rules or of alteration of rules sent to the Inspector-General or neglects or refuses to make its accounts or other documents available for audit as required by section 12D or willfully fails to produce any book of acwunt or other records as required by sub-section (2) of section 20A or willfully fails to appear before the Inspector-General or other person appointed by him or otherwise contravenes any of the provisions of sub-section (3) of section ZOA, shall be punishable with fine which may extend to Rs. 2000/-. 20C. Cognizance of offence.- No wurt inferior to that of Magistrate of First Class, shall try any offence punishable under this Act, nor shall cognizance of any such offence be taken except on a complaint made by the Inspector-General or any other person authorized in writing by hi, by general or special order in this behalf. 20D. Power to componnd offence.- (1) The Government may, by notification in the Official Gazette, empower the Insptor-General or any ofiicer authorized in this behalf, to accept from any person against whom a reasonable suspicion exists that he has committed any offence punishable under section 20B or against whom a prosecution under that section has been instituted, n sum of money by way of composition fee for the offence which such person is suspected or accused to have wmmitted. (2) On payment of such composition fee, the suspected person, if in custody, shall be discharged and no other proceeding shall be taken against him, and if prosecution against such person had been instituted, the wmposition shall have the effect of his acquittal. 20E. 1ndeatoitg.- No suit, pmsecntiop or other legal proceedings shall lie in any court against the Government, the Inspemr-General or against any person appointed for inspection or investigation under section 20A, for anything in good faith done or intended to be done under this Act or rules made thereunder."]. 14. Insertion of new seetion 21.- After section 20 of the principal Act, the following section shall be inserted, namely :- '21. Powers to make ~1e.- (1) The Government may, subject to the condition of previous publication, make rules for carrying out the purposes of this Act. (2) Every rule made under this section shall be laid as soon as may be after it is made, before the Legislative Assembly of Goa, Daman and Diu, while it is in session, for a total period of thirty days which may be oomprised in one session or in two or more successive sessions, and iE, before the exphy of the sessions immediately following the session or the successive sessions aforesaid; the Assembly agreee in making any modification in any such ~ lore the Assembly agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effecs its the case may he, so however, that any such modification or annulment shall be without prejudice to thevalidity of anything previously done under fhe rule.". Secretariat, M B. MIWRA, Panaji, Smekuy to the Government af 9" October, 1979. Goa, Damso and Diu, Law Departmeat (legal Advice).