The SOCIETIES REGISTRATION (ASSAM AMENDMENT) ACT, 2019

Registered No.-768/97 THE ASSAM GAZETTE "!iP1t~ct EXTRAORDINARY ~~ <tS~~<i1 ~ ~ PUBLISHED BY THE AUTHORITY et~ 380 f#xt~, '1~· 4 ~. 2019, 13 ~. 1941 ~) No. 380 Dispur, Wednesday, 4th September, 2019, 13th Bhadra, 1941 (S.E.) GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATNE DEPARTMENT ::: LEGISLATNE BRANCH NOTIFICATION The 4th September, 2019 No. LGL. 185/2017/11.- The following Act of the Assam Legislative Assembly which received the assent of the Governor on 26th August, 2019 is hereby published for general information. ASSAM ACT NO. XII OF 2019 (Received the assent of the Governor on 26th August, 2019) THE SOCIETIES REGISTRATION (ASSAM AMENDMENT) ACT, 2019 1718 THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER4, 2019 AN ACT further to amend the Societies Registration Act, 1860, in its application to the State of Assam. - Preamble Whereas it is expedient further to amend the Societies Registration. Act, Central Act 21 1860, hereinafter referred to as the principal Act, in its application to the State of 1860 of Assam, in the manner hereinafter appearing ; It is hereby enacted in the Seventieth Year of the Republic of India as follows :- Short title, extent 1. (1) This Act may be called the Societies Registration (Assam Amendment) and Act, 2019. commencement It extends to the whole of Assam. (2) It shall come into force at once. (3) Amendment of 2. In the principal Act, in section 3, for the words and punctuation marks "of fifty section 3 rupees, or such smaller fee as the State Government may, from time to time direct;", appearing in between the•words "fee" and "and", the words and punctuation marks "at such rate, as the State Government may, by notification in the Official Gazette, fix, from time to time" shall be substituted. Insertion of new 3. In the principal Act, after section 3A, the following new sections 38, 3C and 3D sections 3B,3C and shall be inserted, namely :- :00 "38. Validity of Registration.- Subject to compliance with the provisions of section 4, a certificate of registration issued under section 3 shall remain valid for a period of three years from the date of issue, but shall be subject to renewal for further periods of three years at a time in accordance with the provisions of section 3C : Provided that no such registration shall be renewed if the provisions of section 4 has not been complied with in full. 3C. Renewal of registration.- {1) A society registered under section 3 shall, on application made to the Registrar within the validity period of registration or within one month of the expiration of the validity period of registration referred to in section 38 and on payment of the fee as fixed under section 3, and on filing the required documents as specified in the website https://rfsfinance.assam.gov.in, be entitled to have its certificate of registration renewed for three years at a time, subject to compliance of section 4. (2) The Register may refuse to renew the registration of a society,- THEASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER4, 2019 1719 (i) if such society files the application for renewal of registration beyond one month of the expiration of the validity period of registration as referred to in section 38 : Provided that the Registrar may condone the delay in filing application for rene·wal by a society upto one year of the expiration of validity period of registration, if he is satisfied on an application for condonation of delay filed by the society and on payment by the Society an additional fee equal to the amount of fee fixed for renewal of registration as under sub-section (1) of this section that the society was prevented by sufficient cause in filing the application within the validity period of the registration : Provided further that in case of rejection of the application for condonation of delay, the Registrar shall give the society concerned a reasonable opportunity of being heard and pass a speaking order; (ii) if after giving an opportunity of being heard, he is satisfied that any of the grounds as mentioned in sections 3A and 4 exists for refusal of renewal of registration. (3) There shall be paid to the Registrar with every application for renewal of the certificate of registration,- (a) a fee equal to the registration fee payable under section 3 if such application is filed within the period specified in section 3C(l), which shall be accounted for to the State Government of Assam; (b) an additional fee for delayed filing of application for renewal under the first proviso to clause (1) of sub-section (2) of this section, which shall be accounted for to the State Government of Assam. (4) Every application for renewal of the certificate shall be accompanieq by a list of the names, addresses and occupations of the Governors, councils, directors, committees and other governing body then entrusted with the management of the affairs of the society, elected after the registration of the society or after the renewal of certificate sought to be renewed, unless dispensed with by the· Registrar for sufficient cause to be recorded in writing. (5) In the event of refusal of renewal of registration of a society, by the Registrar under sub-section (2), the aggrieved society may prefer an appeal before the Government of Assam, in the Finance (Establishment B) Department whose decision thereon shall be final. 30. Effect of failure to Renew Registration.- A Society which fails to g~t its certificate of Registration renewed in accordance with section 3C, its Registration lapses, and it shall cease to be a registered society with 1720 THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 4, 2019 effect from the actual date of expiration of its original registration or renewal thereof and its name and other particulars shall be struck off from the Register in which it was earlier registered or rene~ed : Provided that no such registration shall be struck off before the expiry of twelve months from the date of expiry of the validity of the previous registration whether original or renewed. Explanation :- For the purpose of calculating the twelve months period, the month in which the previous registration whether original or .. renewal, had expired shall be taken as one full month irrespective of the day of the month of such expiration of the registration or renewal." Amendment of 4. In the principal Act, in section 4B, in sub-section (2), for the words "which may section 48 extend to five hundred rupees" appearing at the end, the words "which may extend to such amount as the State Government may, by notification in the Official Gazette, determine, from time to time", shall be substituted. Amendment of 5. In the principal Act, in sections 12A, 12B and 12C, for the words "name" sections 12A, 12B wherever it occurs, the words and sign "name and/or address" shall be and 12C substituted. Insertion of new 6. In the principal Act, after section 12C, the following new sections 120, 12E and sections 120, 12E 12F shall be inserted, namely :- and 12F "120. Fees for change of name and/or address of the society.-At the time of filing the documents required for change of name and/or address of the society, there shall be paid to the Registrar a fee as the State Government may, by notification in the Official Gazette, fix, from time to time, which shall be accounted for to the State Government of Assam. 12E. Fees for issue of Duplicate Registration Certificate.-At the time of filing documents for issue of duplicate registration certificate of a· society, there shall be paid to the Registrar a fee as the State Government may, by notification in the Official Gazette, fix from time to time, which shall be accounted for to the State Government of Assam. 12F. Refusal to change in name and/or address or issue duplicate Certificate by the Registrar.- The Registrar may refuse to register the change in name and/or address or issue a duplicate registration certificate, as the case may be,, to a society, if the society fail~ to submit the required documents as per instructions specified in the Government website https://rfsfinance.assam.gov.in, by a speaking order: Provided that the society may prefer an appeal against this order before the State Government in the Finance (Establishment-B) Department whose decision thereon shall be final." Amendment of 7. In the principal Act, in section 19,- section 19 (i) for the words "of one rupee" appearing in between the words "fee" and THEASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 4, 2019 1721 "for each", the words "as the State Government may, by notification in the Official Gazette, fix, from time to time", shall be substituted; (ii) for the words "fifteen naye paise" appearing in between the words "payment of' and "for every hundred words", the words "such amount as the State Government may, by notification in the Official Gazette, fix, from time to time,", shall be substituted; (iii) in the existing provision, after the punctuation mark"." appearing at the end, the following sentence shall be inserted, namely :- "The amount of fe es collected under this section shall be accounted for to the State Government of Assam." S. M. BUZAR BARUAH, Commissioner & Secretary to the Government of Assam, Legislative Department, Dispur, Guwahati-6 Guwahati :-Printed and Published by the Dy. Director, Directorate of Printing & Stationery, Assam, Guwahati-21. Ex. Gazette No. 759-300 + 10-04-09-2019. (visit at-dpns.assarn.gov.in)