The SOCIETIES REGISTRATION ACT, 1860

1[1]THE SOCIETIES REGISTRATION ACT, 1860 
(Act XXI of 1860) 
CONTENTS
SECTIONS 
 1. Societies formed by memorandum of association and registration. 
 2. Memorandum of association. 
 3. Registration fee. 
 4. Annual list of managing body to be filed. 
 5. Property of society how vested. 
 6. Suits by and against societies. 
 7. Suits not to abate. 
 8. Enforcement of judgment against society. 
 9. Recovery of penalty accruing under bye-law. 
 10. Members liable to be sued as strangers 
  Recovery by successful de fendant of costs adjudged. 
 11. Members guilty of offences punishable as strangers. 
 12. Societies enabled to alter, ex tend or abridge their purposes. 
 13. Provision for dissolution of societies and adjustment of their affairs 
  Assent required 
  Government consent. 
 14. Upon a dissolution no member to receive profit 
  Clause not to apply to  joint-stock companies. 
 15. Member defined − Disqualified members. 
 16. Governing body defined. 
 16-A. Supersession of governing body of a society. 
 17. Registration of societ ies formed before Act − Assent required. 
 18. Such societies to file memorandum, etc., with Registrar of Joint-stock 
Companies. 
 19. Inspection of documents − Certified copies 
 20. To what societies Act applies. 
 21. Registration of Deeni Madrassah. 
 
 
                                                 
1[1]Short title given by the Short Titles Act, 1897 (14 of 1897). 
THE SOCIETIES REGISTRATION ACT, 18602[2] 
(Act XXI of 1860) 
[21 May 1860] 
An Act for the Registration of Literary, 
Scientific and Charitable Societies 
Preamble.− WHEREAS it is expedient that provis ion should be made for improving the 
legal condition of societies established for the promotion of literature, science, or the fine 
arts, or for the diffusion of useful knowledge, 3[3][the diffusion of political education] or for 
charitable purposes; it is enacted as follows:- 
1. Societies formed by memorandu m of association and registration.− Any seven 
or more persons associated for any literary, scientific or charitable purpose, or for any such 
purpose as is described in section 20 of this Act, may by subscribing their names to a 
memorandum of association and filing the same with the Registrar of Joint-stock Companies 
4[4][* * *] form themselves into a society under this Act. 
2. Memorandum of association. − The memorandum of asso ciation shall contain 
the following things (that is to say)− 
 the name of the society: 
 the objects of the society: 
 the names, addresses, and occupations of the governors, council, directors, committee 
or other governing body to whom, by the rule s of the society, the management of its 
affairs is entrusted. 
 A copy of the rules and regulations of the society, certified to be a correct copy by 
not less than three of the members of th e governing body, shall be filed with the 
memorandum of association. 
5[5][3. Registration fee. − Upon such memorandum and certified copy being filed, the 
Registrar shall certify under his hand that the Society is registered under this Act. There 
shall be paid to the Registrar for every su ch registration such fee as the Provincial 
Government may direct, and all fees so paid  shall be accounted for to the Provincial 
Government.] 
4. Annual list of managing body to be filed. − Once in every year, on or before the 
fourteenth day succeeding the day on which, according to the rules of the society, the 
                                                
 
2[2]Short title given by the Short Titles Act, 1897 (14 of 1897). 
  The Act (with the exception of the first four sections) is based on Literary and Scientific Institutions Act, 1854. 
  It had been declared to be in force in all the Provin ces and the Capital of the Fede ration, except the Scheduled 
Districts, by s. 3 of the Laws Local Extent Act, 1874 (15 of 1874). 
  It had been declared by Notification under s. 3 (a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in 
the Scheduled Districts; namely − Hazara, Peshawar, Kohat, Bannu, Dera  Ismail Khan and Dera Ghazi Khan. 
[Portions of the Districts of Hazara , Bannu, Dera Ismail Khan and Dera Ghazi Khan and the Districts of Peshawar 
and Kohat now form the N.W.F.P., see Gazette of India, 1901, Pt. I, p. 867, and ibid., 1902, Pt. I, p.575]. 
3[3]Added by the Societies Registration (Amendment) Act, 1927 (XXII of 1927). 
4[4]The words and figures “under Act 19 of 1857” repealed by the Repealing Act, 1874 (16 of 1874). 
5[5]Substituted by the Punjab Finance Act, 1990 (I of 1990). 
annual general meeting of the society is held, or, if the rules do not provide for an annual 
general meeting, in the month of  January, a list shall be file d with the Registrar of Joint-
stock Companies of the names, addresses an d occupations of the governors, council, 
directors, committee or other governing body then entrusted with the management of the 
affairs of the society. 
5. Property of society how vested. − The property, movable and immovable, 
belonging to a society registered under this Act, if not vested in trustees, shall be deemed 
to be vested, for the time being, in the governing body of such society, and in all 
proceedings, civil and criminal, may be descri bed as the property of the governing body 
of such society by their proper title. 
6. Suits by and against societies. − Every society registered under this Act may sue or 
be sued in the name of the president, chairman, or principal secretary, or trustees, as shall be 
determined by the rules and regulations of the society, and, in default of such determination, in 
the name of such person as shall be appointed by the governing body for the occasion: 
 Provided that it shall be competent for any person having a claim or demand against 
the society, to sue the president or chairman, or principal secretary or the trustees thereof, if 
on application to the governing body some other officer or person be not nominated to be the 
defendant. 
7. Suits not to abate. − No suit or proceeding in any Civil Court shall abate or 
discontinue by reason of the person by or agai nst whom such suit or proceedings shall 
have been brought or continue d, dying or ceasing to fill the charac ter 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. 
8. Enforcement of judgment against society. − If a judgment shall be recovered 
against the person or officer named on behalf of the society, such judgment shall not be 
put in force against the property, movable or  immovable, or against the body of such 
person or officer, but against the property of the society. 
 The application for execution shall set fo rth the judgment, the fact of the party 
against whom it shall have b een recovered having sued or having been sued, as the case 
may be, on behalf of the society only, and sh all require to have the judgment enforced 
against the property of the society. 
9. Recovery of penalty accruing under bye-law. − Whenever by any bye-law duly 
made in accordance with the rules and regulati ons of the society, or, if the rules do not 
provide for the making of bye-laws, by any bye -law made at a general meeting of the 
members of the society convened for the purpose (for the making of which the concurrent 
votes of three-fifths of the members presen t at such meeting shall be necessary), any 
pecuniary penalty is imposed fo r the breach of any rule or bye-law of the society, such 
penalty, when accrued, may be recovered in  any Court having jurisdiction where the 
defendant shall reside, or the society shall be situate, as  the governing body thereof shall 
deem expedient. 
10. Members liable to be sued as strangers  – Recovery by successful defendant of 
costs adjudged.− Any member who may be in arrear of a subscription which, according 
to the rules of the society he  is bound to pay, or who shall possess himself of or detain 
any property of the society in a manner or for a time contrary to such rules, or shall injure 
or destroy any property of the society, may be sued for such arrear or for the damage 
accruing from such detention, injury or destruction of property in the manner 
hereinbefore provided. 
 But if the defendant shall be successful  in any suit or other proceeding brought 
against him at the instance of the society, a nd shall be adjudged to recover his costs, he 
may elect to proceed to recover the same from  the officer in whose name the suit shall be 
brought, or from the society, and in the latter case shall have process against the property 
of the said society in the manner above described. 
11. Members guilty of offenc es punishable as strangers.− Any member of the society 
who shall steal, purloin or em bezzle any money or other property, or willfully and 
maliciously destroy or injure any property of such society, or shall forge any deed, bond, 
security for money, receipt, or other instrument, whereby the funds of the so ciety 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 not a member would be subject and liable to in 
respect of the like offence. 
12. Societies enabled to alter, ex tend or abridge their purposes. − Whenever it shall 
appear to the governing body of any society re gistered under this Act, which has been 
established for any particular purpose or purposes, that it is advisable to alter, extend or 
abridge such purpose to or for other purposes within the mean ing 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 member s of the society in a written or printed 
report and may convene a special meeting for the consideration thereof according to the 
regulations of the society. 
 But no such proposition shall be carried into effect unless such report shall have been 
delivered or sent by post to every member of the society ten days previous to the special 
meeting convened by the governi ng body for the consid eration thereof, nor unless such 
proposition shall have been agreed to by the votes of three-fifths of the members delivered in 
person or by proxy, and confirmed by the votes of three-fifths of the members present at a 
second special meeting convened by the governing body at an interval of one month after the 
former meeting. 
13. Provision for dissolution of societ ies and adjustment of their affairs − Assent 
required − Government consent.− Any number not less than three-fifths of the members of 
any society may determine that it shall be dissolve d, and thereupon it shall be dissolved 
forthwith, or at the time then agreed upon, a nd all necessary steps sh all be taken for the 
disposal and settlement of the property of the society, its claims and liabilities, according to 
the rules of the said society applicable thereto, if any, and, if not, then as the governing body 
shall find expedient, provided that, in the event of a ny dispute arising among the said 
governing body or the members of the society, the adjustment of its affairs shall be referred 
to the principal Court of original civil jurisdiction of the district in which the chief building of 
the society is situate; and the Court shall make  such order in the matter as it shall deem 
requisite: 
 Provided that no society shall be dissolv ed unless three-fifths of the members 
shall have expressed a wish for such dissoluti on by their votes delivered in person, or by 
proxy, at a general meeting convened for the purpose: 
 Provided that 6[6][whenever any Government] is a member of or a cont ributor to, or 
otherwise interested in, any so ciety registered under this Act, such society shall not be 
dissolved 7[7][without the consent of the Government of the Province of registration]. 
14. Upon a dissolution no member to receive profit − Clause not to apply to joint-
stock companies.− If upon the dissolution of any societ y registered under this Act there 
shall remain after the satisfaction of all its debts and liabilities a ny 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 so ciety, to be determined by the votes of not 
less than three-fifths of the members pres ent personally or by pr oxy at the time of 
dissolution, or in default thereof, by such Court as aforesaid: 
 Provided, however, that this clause shall not apply to any society which shall have 
been founded or established by th e contributions of sh areholders in the nature of a Joint-
stock Company. 
15. Member defined − Disqualified members.− For the purposes of this Act a member 
of a society shall be a person who, having been admitted therein according to the rules and 
regulations thereof, shall have paid a subscription or shall have signed the roll or list of 
members thereof, and shall not have resign ed in accordance w ith such rules and 
regulations; but in all proceedings under this Act no person shall be entitled to vote or to be 
counted as a member whose subscription at the time shall have been in arrear for a period 
exceeding three months. 
16. Governing body defined. − The governing body of the society shall be the 
governors, council, directors, committee, trustees or other body to whom by the rules and 
regulations of the society the management of its affairs is entrusted. 
8[8][16-A. Supersession of governing body of a society. − (1) Notwithstanding anything 
contained in the memorandum of association, ru les or regulations of a society registered 
under this Act, if, after such inquiry as may be necessary, the Provincial Government is 
of the opinion that the governing body of the society − 
 (a) is unable to discharge or persisten tly fails in discharging its duties, or 
 (b) is unable to administer its affair s or meet its financial obligations, or 
 (c) generally acts in a manner contrary to public interest or the interests of the 
members of the society, 
the Provincial Government may, by notificatio n in the Official Gazette, declare the 
governing body to be superseded for such period, not exceeding one year, as may be 
specified in the notification. 
 9[9][Provided that the declaration shall not be made without giving to the society to 
be affected thereby an opportunity of being heard.] 
 (2) On the publication of a no tification under sub-section (1),− 
                                                 
6[6]Substituted by the Government of India (Adaptation of In dian Laws) Order, 1937, as amended by the Government 
of India (Adaptation of Indian Laws) Supplementary Order, 1937 for “whenever the Government.” 
7[7]Ibid., for “without the consent of Government.” 
8[8]Added by the Societies Registration (West Pakistan Ame ndment) Ordinance, 1962 (IX of 1962), and substituted by 
the Conformity with Fundamental Rights (Punjab Amendment of Laws) Act, 1976 (IX of 1976). 
9[9]Added by the Societies Registration (Amendment) Ordinance, 1984 (XV of 1984). 
 (a) the office-bearers and other member s of the governing body shall cease to 
hold office; and 
 (b) all functions of the governing body sha ll, during the period of supersession, be 
performed by a governing body constitute d by the Provincial Government 
from among the members of the society. 
 (3) On the expiry of the period of  supersession, the governing body of the 
society shall be reconstituted in accordan ce with its memorandum of association, rules 
and regulations.] 
17. Registration of soci eties formed before Act − Assent required.− Any company or 
society established for a literar y, scientific or charitable pu rpose, and registered under 
10[10]Act XLIII of 1850, or any such society esta blished and constituted previously to the 
passing of this Act but not registered under the said 11[11]Act XLIII of 1850, may at any time 
hereafter be registered as a society under th is Act; subject to the proviso that no such 
company or society shall be registered under this Act unless an asse nt to its being so 
registered has been given by three-fifths of the members present personally, or by proxy, at 
some general meeting convened for that purpose by the governing body. 
 In the case of a company or society registered under 12[12]Act XLIII of 1850, the 
directors shall be deemed to be such governing body. 
 In the case of a society not so regi stered, if no such body shall have been 
constituted on the establishment of the soci ety, it shall be competent for the members 
thereof, upon due notice, to create for itself a governi ng body to act for the society 
thenceforth. 
18. Such societies to file memorandum, etc., with Registrar of Joint-Stock Companies.− 
In order to any such society as is mentioned in the last preceding section obtaining registry 
under this Act, it shall be sufficient that the governing body file with the Registrar of Joint-
stock Companies 
13[13][* * *] a memorandum showing the name of the society, the objects of the society, and the 
names, addresses and occupations of the governing body, together with a copy of the rules and 
regulations of the society certified as provided in section 2, and a copy of the report of the 
proceedings of the general meeting at which the registration was resolved on. 
19. Inspection of documents − Certified Copies. − Any person may inspect all 
documents filed with the registrar under this  Act on payment of a fee of one rupee for 
each inspection, and any person may require a copy or extract of any document or any 
part of any document, to be certified by the registrar, on payment of two annas for every 
hundred words of such copy or extract; and such certified copy shall be prima facie 
evidence of the matters therein contained in all legal proceedings whatever. 
20. To what societies Act applies. − The following societies may be registered under 
this Act:- 
                                                
 
10[10]Subsequently replaced by the Indian Companies Act, 1866 (10 of 1866), section 219. 
11[11]Ibid. 
12[12]Ibid. 
13[13]The words and figures “under Act 19 of 1857,” repealed by the Repealing Act, 1874 (16 of 1874). 
 Charitable societies, 14[14][* * *] societies established for the promotion of science, 
literature, or the fine arts, for instruction, the diffusion of useful knowledge, 15[15][the diffusion 
of political education], the fo undation or maintenance of libraries or reading rooms for 
general use among the members or open to the public, or public museums and galleries of 
painting and other works of art, collections of natural history, mechanical and philosophical 
inventions, instruments, or designs. 
16[16][21. Registration of Deeni Madrassah. (1) A Deeni Madrassah by whatsoever name 
called shall not be established or operated without being registered as a society under this 
Act. 
 (2)  The Deeni Madrassah shall, in addition to  the other provisions of this Act, 
be subject to the following conditions: 
 (a) to submit annual report of its activ ities and performance to the Registrar; 
 (b) to maintain accounts of its expenses  and receipts and annually submit the 
report to the Registrar; and 
 (c) to cause to be carried out audit of its accounts by an Auditor and annually submit 
its audited accounts to the Registrar. 
 (3) No Deeni Madrassah shall teach or  publish any literature which promotes 
militancy or spreads sectarian hatred and religious hostility. 
 Explanation.  In this section, “Deeni Madrassah” means a religious institution 
established or operated primarily for the purpose of imparting religious education whether 
providing boarding and lodging facilities or not and includes a Jamia, Dar-ul-uloom, School, 
College, University, or any other religious institution, called by whatsoever name, set up for 
the aforesaid purpose.] 
 
 
 
 
 
                                                 
14[14]The words “the military orphan funds or  societies established at the several presidencies of India” omitted by the 
Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949). 
15[15]Inserted by the Societies Registration (Amendment) Act, 1927 (22 of 1927). 
16[16]Inserted by the Societies Registration (Amendment) Act 2005 (XIII of 2005). 

‹ Prev All Delhi acts Next ›