LexThe Andhra Pradesh Societies Registration Act, 2001.
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THE ANDHRA PRADESH SOCIETIES REGISTRATION ACT, 2001
(ACT NO. 35 OF 2001)
ARRANGEMENT OF SECTIONS
CHAPTER I
PRELIMINARY
Sections
1. Short title, extent and commencement
2. Definitions
CHAPTER II
REGISTRATION OF SOCIETITES
3. Societies which may be registered under this Act
4. Memorandum of Association of society, and Byelaws to be filed
with Registrar
5. Contents of byelaws of societies
6. Societies not to be registered with undesirable names
7. Registration of Societies
8. Amendment of memorandum and Bye-laws
9. Filing of annual list
CHAPTER III
MANAGEMENT AND ADMINISTRATION
10. Registered Office of Society
11. Register of Members.
12. Accounts and Records
13. Inspection of Register of Members of a Society
14. Committee of the Society
15. Disqualification of members of the Committee
16. Supply of copies of Bye-laws
17. Supply of copies of balance sheet etc
18. NIL
19. Legal Proceedings
20. Meetings
21. Amalgamation and division of Societies
22. Register of mortgages and charges
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CHAPTER IV
DISPUTES, DISSOLUTION AND WINDINGUP
23. Dispute regarding management
24. Dissolution of Society and adjustment of its affairs
25. Property of dissolved society
26. Liquidators to make an account after winding up of a society
27. Enforcement of orders
CHAPTER V
MISCELLANEOUS
28. Societies financed by the Government
29. Fees to be fixed by the Government
30. Superintendence and control over Registrars
31. Power to remove difficulties
32. Repeals and savings
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THE ANDHRA PRADESH SOCIETIES REGISTRATION ACT, 2001
(ACT NO. 35 OF 2001)
(10th October, 2001)
AN ACT TO CONSOLIDATE AND AMEND THE LAW RELATING TO THE
REGISTRATION OF SOCIETIES SITUATED IN ANDHARA PRADESH
PROMOTING ART, FINE ARTS, CHARITY, CRAFTS, RELIGION, SPORT,
LITERATURE, CULTURE, SCIENCE, PHILOSOPHY, POLITICAL EDUCATION
OR ANY PUBLIC PURPOSE AND FOR MATTERS CONNECTED THEREWITH
OR INCIDENTAL THERETO.
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh
in the Fifty-second Year of the Republic of India as follows:-
CHAPTER - I
PRELIMINARY
1.Short title, extent and commencement - (1) This Act may be called the
Andhra Pradesh Societies Registration Act, 2001.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such da te, as the Government may, by
notification, in the Andhra Pradesh Gazette, appoint.
2.Definitions - In this Act, unless the context otherwise requires,-
(a) ‘Alter’ and ‘alteration’ shall include the making of additions and
supplying of omissions;
(b) ‘Bye-laws’ means the bye-laws of a society;
(c) ‘Committee’ means the executive committee appointed under
section 14 or any person or body of persons to whom the
management of the affairs of a society is entrusted by its bye-laws;
(d) ‘Court’ means in the cities of Hyderabad and Secunderabad the
City Civil Court, and elsewhere the Principal Civil Court of original
jurisdiction;
(e) ‘Document’ includes summons, notice, requisition, order or
other legal process, and registers, whether issued, sent or kept in
pursuance of the provisions of this Act or of any other laws or
otherwise;
(f) ‘Financial Year’ means the period of twelve months for which the
accounts of a society are required to be made up by the bye -laws
and if the bye -laws do not so provide, the period of twelve months
ending with the 31st March of each year;
(g) ‘Government’ means the State Government of Andhra Pradesh;
(h) ‘Member’ means a person, individual or body corporate,
who/which, having been admitted to membership in any society
has not resigned or ceased to be member, or been removed from
membership, in accordance with the bye-laws of that society;
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(i) ‘Memorandum’ means the memorandum of association of a
society as originally framed or as altered, from time to time, in
pursuance of the provisions of this Act or the Societies Registration
Act, 1860(Central Act 21 of 1860) or the Andhra Pradesh
(Telangana Area) Public Societies Registration Act, 1350 (Act 1 of
1350F) Fasli as the case may be;
(j) ‘Notification’ means a notification published in the Andhra
Pradesh Gazette an d the word notified shall be construed
accordingly;
(k) ‘Officer’ includes any director , manager, treasurer, trustee,
secretary, member of the Committee, or any person appointed by a
society to sue and be sued on its behalf and any other person
empowered under the rules or the bye -laws to give directions in
regard to the business of a society;
(l) ‘Registrar’ means an officer of the Registration Department, not
below the rank of Sub -Registrar as may be specifically empowered
by the Government to exercise the powers of a Registrar under this
Act;
(m) ‘Registrar General’ means the Inspector General of
Registration, appointed by the Government under section 3 of the
Registration Act, 1908;
(n) ‘Society’ means a society registered or deemed to be registered
under this Act; and
(o) ‘Special Resolution’ means resolution passed by a majority of
the total member s of the society and not less than three -fifths of
the members present and voting in a meeting, of which not less
than fourteen clear days notice, exclusive of the date of dispatch of
the notice and the date of meeting, specifying the intention to
propose the resolution as special resolution, has been duly given.
CHAPTER - II
REGISTRATION OF SOCIETIES
3. Societies which may be registered under this Act - (1) Any seven or more
persons forming a society which has for its object the promotion of art, fine a rt,
charity, crafts, religion, sports(excluding games of chance), literature, culture,
science, political education, philosophy or diffusion of any knowledge or any
public purpose may be registered under this Act.
(2) No society of which a firm, whether registered or not or an
unincorporated association of individuals is a member shall be registered
under this Act.
(3) Nothing contained in sub -section (2) shall preclude the registration
under this Act of a society on the ground that a partner as defined in section 4
of the Indian Partnership Act, 1932 (Central Act 9 of 1932), or a member of an
unincorporated Association of individuals is, in his individual capacity, a
member of the society.
4. Memorandum of Association of society, and By elaws to be filed with
Registrar - (1) For the purposes of registration of a society there shall be filed
with the Registrar of the district in which the registered office of the society is
to be situated,-
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(a) a memorandum of association of the society which shall state,-
(i) the name of the society;
(ii) the aims and objects of the society;
(ii) the names, addresses and occupations of the members of
the committee; and
(b) the bye-laws of the society.
(2) The memorandum of association shall be signed by atleast seven
members who are majors and who shall add their addresses, description and
occupation if any, in the presence of atleast two witness es who shall also be
majors and who shall attest with their signatures and ad d their addresses,
description and occupation, if any and the bye -laws shall be signed by the
signatories to the memorandum of association.
5. Contents of byelaws of societies - The bye-laws of a society shall contain
provisions in respect following matters,
(i) Identity of the society which includes name and address
particulars of the society;
(ii) activities of the society;
(iii) membership of the society i.e., eligibility, admission,
withdrawal and termination etc.,
(iv) General Body which contains the manner of meeti ngs to
be held or convened, quorum, functions and responsibilities etc.,
(v) office bearers and thei r appointment/election/removal/
recall and their responsibilities etc.,
(vi) finance s which includes types of funds to be raised ,
appointment of auditors, liability of members for discharge of debts
etc., and
(vii) other matters which covers the internal matters of
settlement of internal disputes, dissolution of the society etc.
6. Societies not to be registered with undesirable names - (1) No society
shall be registered by a name which contravenes the provisions of the Emblems
and Names (Prevention of the Improper use) Act, 1950 (Central Act 12 of 1950).
(2) (a) No society s hall be registered in a district by a name, which is
identical with that of another registered society in existence in the same
District or so nearly resembling it so as to mislead except where the registered
society in existence is in the course of being dissolved and signifies in writing
its consent to such registration.
(b) Except with the previous sanction in writing of the Government,
no society shall be registered by a name which contains any of the
following words, namely:-
(i) ‘Co-operative’ or “Land Development”,
(ii) “Reserve Bank”.
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(iii) “Union” or “State” or any word expressing or implying the
sanction, approval or patronage of the Central Government
or any State Government; and
(iv) “Municipal” or “Chartered” or any word which suggests or
is calculated to suggest connection with any municipality or
other local authority;
Provided that nothing in this section shall apply to the
societies registered before the date of commencement of this
Act.
(3) A society may, by a special resolution ch ange it’s name with a
previous intimation to the Registrar in writing.
(4) The change of names shall not affect any right or obligati on of the
society or any member thereof or render defective any action or other legal
proceedings by or against it and an y of the members, and any action or other
legal proceedings which might have been continued or commenced by or
against the society by its former name may be continued or commenced by or
against the society by its new name.
7. Registration of Societies - (1) Where a society has complied with the
provisions of this Act as to registration and on payment of such fees as may
be notified under section 29, the Registrar shall issue to that society a
certificate of registration and such certificate shall be conclusive evidence that
the society therein mentioned is duly registered.
(2) The Registrar shall, after the issue of a certificate of registration to a
society enter in a register which may include a regist er maintained through an
electronic device like computer, the particulars specified in the memorandum,
of that society filed and such other particulars as may be notified.
(3) If the Registrar refuses to register a society, an appeal shall lie to the
Registrar General within sixty days from the date of communication of the
order of the Registrar refusing to register the society. Every such appeal shall
be accompanied by a fee as may be notified by the Government from time to
time.
(4) If an application for registration of a society is presented before the
Registrar complying with all the provisions of this Act is not disposed of within
sixty days the society is deemed to have been registered and the Registrar shall
issue a certificate to that effect.
8. Amendment of memorandum and Bye-laws - (1) By a “Special Resolution”
a society may alter the provisions of the memorandum with respect to,
(a) change of objectives of the society;
(b) to amalgamate itself with any other society; or
(c) to divide itself into two or more societies.
(2) Subject to the Provisions of this Act, and the conditions contained in
its memorandum, a society may, by an ordinary resolution passed by not less
than ½ (half) of the members present and voting alter its bye-laws.
(3) Any alteration of the memorandum of the society shall not be valid
unless such alteration is registered under this Act.
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(4) If any alteration of the memorandum is filed with the Registrar and if
they are not contrary to the provisions of this Act, he s hall register the same
and shall certify the registration of such alteration under his hand and seal
within thirty days from the date of receipt of the resolution . The certificate
shall be conclusive evidence that all the requirements of this Act with respect
to the alteration and the certification thereof have been complied with and
henceforth the memorandum as so altered shall be the memorandum of the
society.
(5) Every alteration in the bye -laws of the society should be sent to the
Registrar and h e shall take it on record if its not contrary to the provisions of
this Act.
9. Filling of annual list - Every year the society shall within fifteen days from
the date on which the General Body meeting was held furnish a list to the
Registrar of societies which shall contain the names and addresses of the
members of the Managing Committee and Officers entrusted with the
management of the affairs of the Society.
CHAPTER - III
MANAGEMENT AND ADMINISTRATION
10. Registered Office of Society – (1) A society shall, as from the day on
which it begins functioning or as from the twenty -eighth day after the date of
its registration whichever is earlier have a registered office at any place in the
district in which it is registered and to which all comm unications and notices
may be addressed. Notice of the location of the registered office and of every
change therein shall be given within twenty -eight days after the date of its
registration or after the date of the change, as the case may be, to the
Registrar, who shall record the same in the certificate of registration.
(2) Any change of its registered office to a place outside the district in
which it is registered, shall be intimated to the Registrars of both the Districts.
(3) Every society shall display its name outside its office premises in a
conspicuous position in legible characters of the language in general use in
that place.
(4) Every society shall have its name engraved in legible characters on its
seal.
11. Register of Members – Every society shall keep a register of members and
enter therein the following particulars, namely:-
(a) The name and address and the occupation, if any, of each
member;
(b) the date on which the name of each person was entered in the
register as member;
(c) the date on which any person ceased to be a member; and
(d) the specimen signatures of the members.
12. Accounts and Records - Every society shall keep at its office, the following
accounts records, and documents, namely:-
(a) a copy of this Act with upto date amendments incorporated;
(b) a copy of its registered memorandum along with upto date bye -
laws with amendments made from time to time.
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(c) the minutes book;
(d) accounts of all sums of money recei ved and expended by the
society and their respective purposes;
(e) accounts of all purchases and sales of goods by the society;
(f) accounts of all assets and liabilities of the society;
(g) an upto date register and a list of all members with voting
rights for the current year prepared within thirty days of closure of
the society’s financial year;
(h) copies of the audit reports and if any, and compliance reports
thereon; and
(i) a ll such other accounts, records and documents as may be
required by this Act.
13. Inspection of Regis ter of Members of a Society - The Register of
members shall be kept open during the business hours subject to such
reasonable restrictions as the bye-laws of the society may specify.
14. Committee of the Society - (1) Ever y society shall elect a Committe e,
consisting of not less than three members of the society, by a resolution passed
by a majority of the members present and entitled to vote at an annual general
body meeting of the society held under section 20.
(2) The term of the Committee or of its members so elected shall be a
period not exceeding six years as may be specified in the bye-laws.
Provided that a member who has completed a term as an elected
member is eligible for re-election as a member of Committee, if the bye-laws so
permit;
(3) Every society shall maintain a register showing the names, addresses
and occupations of the persons, who are members of the committee and shall
file with the Registrar;
(i) a copy of the register within a period of fourteen days from the
date of election of the members of the first Committee; and
(ii) a notice of every change in the members of the Committee
within a period of fourteen days from the date of such change.
15. Disqualification of members of the Committee -A person shall be
disqualified for appointment as a member of the Committee of a society under
this Act if, on the date of such appointment, he is, -
(a) not a major;
(b) of unsound mind and stands so declared by a competent court;
(c) an applicant to be adjudicated as an insolvent or is an
undischarged insolvent;
(d) convicted of an offence invol ving moral turpitude or sentenced
by a criminal court to a fine of not less than rupees one thousand
or to imprisonment for a period of not less than six months; and
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(e) disqualified for such appointment by an order of a court.
16. Supply of copies of Bye-laws - Every society shall, deliver a copy of its
Bye-laws, to each member of the society at the time of admission.
17. Supply of copies of balance sheet etc - Every society shall supply to
every member a copy of t he balance sheet or a statement of accounts together
with the auditor’s report at i ts annual general body meeting, if not supplied in
advance.
18. The registration of a society shall render it a body corporate by the name
under which it is registered having perpetual succession and a common seal.
The society shall be entitled to acquire, hold and dispose of property, to enter
into contracts, to institute and defend suits and other legal proceedings and to
do all other things necessary for the furtherance of the aim for which it was
constituted.
19. Legal Proceedings - (1) The Committee or any officer of the society
authorised in t his behalf by its bye -laws, may bring or defend any action or
other legal proceeding touching or concerning any property or any right or
claim of the society and may sue and be sued in its name.
(2) Any action or legal proceeding shall not abate or be di scontinued by
the death, resignation or removal from office of any member of the society after
the commencement of the proceeding.
20. Meetings - (1) The bye-laws of the society shall specify the frequency and
the manner in which the meetings of the Comm ittee and General Body shall be
held, so however that the Committee shall meet atleast once in every three
months and the General Body shall meet atleast once in a year.
(2) The Committee shall convene a General Body meeting within thirty
days of receipt of a requisition for convening a meeting signed by atleast one
third of the members of the society or as provided in the bye -laws and any
such requisition shall contain the proposed agenda and the reasons for such
meeting.
(3) Every society shall recor d in the minutes book, the minutes of all
proceedings of every General Body meeting and also every meeting of its
Committee.
(4) Such minutes shall be communicated to all the members invited for
the meeting within thirty days of the conclusion of the meeting.
(5) the minutes so recorded shall be signed by the person who chaired
the said meeting.
21. Amalgamation and division of Societies - (1) Any two or more societies
may, be a special resolution of both or all such societies, and confirmed by a
like resolution at a second meeting of both or all such societies, convened after
an interval of one month after the first meeting, get amalgamated into one
society with or without any dissolution or division of the funds of any of the
societies with intimation to the Registrar.
(2) Any society may, by a special resolution, divide itself into two or more
societies. Such resolution shall contain proposals for the division of the assets
and liabilities of the society among the new societies into which is it proposed
to divide itself and may specify the area of operation of and the members, who
will constitute each of the new societies.
(3) An amalgamation or division in pursuance of this section shall not
prejudice any right of a creditor of any society which was a party to such
amalgamation or division.
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22. Register of Mortgages and Charges – (1) Every society shall keep at
its registered office, a register of mortgages and charges and enter therein all
mortgages or charges a ffecting the property of the society and such other
particulars of the mortgages or charges as may be specified in the bye-laws.
(2) The register of mortgages and charges kept in pursuance of sub -
section (1) and copies of instruments creati ng mortgages or charges shall,
subject to such reasonable restrictions as the society may impose, be kept at
the registered office of the society and be open during business hours to the
inspection of any member or creditor of the society without payment of any fee
therefor.
CHAPTER - IV
DISPUTES,DISSOLUTION AND WINDINGUP
23. Dispute regarding management - In the event of any dispute arising
among the Committee or the members of the society, in respect of any matter
relating to the affairs of the society , any member of the society may proceed
with the dispute under the provisions of the Arbitration and Con ciliation Act
1996 (Central Act 26 of 1996), or may file an application in the District Court
concerned and the said court shall after necessary inquiry pass such order as
it may deem fit.
24. Dissolution of Society and adjustment of its affairs - (1) A Society
may, be passing a special resolution, determine that it shall be dissolved of and
thereupon, with prior intimation to the Registrar, it shall be dissolved at the
time specified in the resolution and all the necessary steps shall be taken for
the disposal and settlement of the property of the society, and its claims and
liabilities according to the bye -laws, if any of the society, and it there are no
bye-laws to this effect in the manner as the General Body may find it
expedient;
Provided that in the event of any dispute arising among the members of
the Committee or the members of the society, the adjustment of its affairs shall
be referred to the court and the court shall make such order in the matte r
including appointment of liquidator as it deems fit:
Provided further that if the Central Government or any
State Government is a member of, or a contributory to any society registered
under this Act, such society shall not be dissolved without the consent of the
Government Concerned.
(2) A society dissolved under this section shall file with the Registrar a
full report showing as to how the property has been disposed of.
25. Property of dissolved society - If u pon the dissolution of any society,
there’ remains, after the satisfaction of all its debts and liabilities, any
property, the same shall not be delivered to or distributed among the
members of the said society or any of them, but shall be delivered to some
other society, with a similar objective to be named by a special resolution, or
in default thereof, by the court:
Provided that this section shall not apply to any society which is founded
or established by the contribution of shareholders in the nature of a Company.
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26. Liquidators to make an account after winding up of a society - (1) As
soon as the affairs of a society are fully wound up, the liquidator shall make
an account of the winding up showing how the winding up has been
conducted and the property of the society has been disposed of and cal l a
general body meeting of the society for the purpose of placing before it the
account and giving any explanation in respect thereof.
(2) Within one week after the meeting convened under sub-section(1), the
liquidator shall send to the Registrar , a copy of the account and shall make a
return to him of the holding of the meeting and of its date.
27. Enforcement of order - Orders made under section 24 shall, on
application, be enforced as follows:-
(a) when made by a liquidator, by any civil court having local
jurisdiction in the same manner as a decree of such court; and
(b) when made by the court on appeal, in the same manner as a
decree of that court.
CHAPTER - V
MISCELLANEOUS
28. Societies financed by the Government - Where a Government is a
member or is wholly or substantially financing a society it may place such
terms and conditions on the society as are mutually agree d upon or through
specific public policy notified by the Government for this purpose.
29. Fees to be fixed by the Government – (1) The Government shall, from
time to time, prepare a table of fees payable;
(a) for registration of Societies which may inclu de Mahila
Mandals and Youth Associations;
(b) for filing or recording or registering any document
required by this Act to be filed or recorded;
(c) for inspection of documents in the custody of the
Registrar;
(d) for making or granting copies of reasons , entries or
documents, before or after registration; and
(e) for such other matters appear to the Government
necessary to give effect to the purposes of this Act.
(2) The table of fees so prepared shall be notified.
(3) All fees, charges and other sums paid to the Registrar or any officer of
the Government in pursuance this Act, shall be credited to the Government.
30. Superintendence and control over Registrars - The Registrar General
shall have superintendence and control over all other R egistrars functioning
under this Act.
31. Power to remove difficulties - If any difficulty arises in giving effect to
the provisions of this Act, in the first five years from the date of
commencement of this Act, the Government after previous publicatio n, by
order make such provisions not incons istent with the purposes of this Act, as
appear to them to be necessary or expedient for removing of the difficulty.
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32. Repeal and savings - (1) The Societies Registration Act, 1860 (Central Act
21 of 1860), in its application to the Andhra area of the State of Andhra
Pradesh and the Andhra Pradesh (Telangana Area) Public Societies Registration
Act, 1350F are hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken
under the said Acts (including any order, rule, form regulation, certificate or
bye-laws) in the exercise of any power conferred by or under the said Acts shall
be deemed to have been done or taken in the exercise of the powers conferred
by or under this Act as if this Act was in force on the date on which such a
things was done or action taken.
K.G. SHANKAR,
Secretary to Government,
Legislative Affairs & Justice (F.A.C),
Law Department.