LexThe Himachal Pradesh Societies Registration Act, 2006
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH SOCIETIES REGISTRATION ACT,
2006
ARRANGEMENT OF SECTIONS
Sections:
CHAPTER - 1
PRELIMINARY
1. Short title, commencement and application.
2. Definitions.
CHAPTER - II
REGISTRAR AND OTHER OFFICERS OF SOCIETIES
3. Registrar and other officers of Societies.
CHAPTER - III
REGISTRATION
4. Societies formed by memorandum of association and registration.
5. Requirements of memorandum of association.
6. Registration.
7. Evidence of registration.
8. Regulations of Society.
9. Amendments of memorandum or regulations or bye-laws of
registered Society.
10. Change of name of Society.
11. Notice of change of name.
12. Effect of change of name.
13. Societies enabled to alter, extend or abridge their purposes.
14. Society to be a body corporate.
CHAPTER - IV
MANAGEMENT OF THE SOCIETY, MEMBER’S RIGHTS
AND PRIVILEGES
15. Governing body of the Society.
16. Disqualifications.
17. Supply of Copies of Bye-laws.
18. Supply of copies of balance-sheet etc.
19. Meetings.
20. Annual general meeting.
21. Special general meeting.
22. Legal proceedings.
23. Register of members.
24. Members liable to be sued as strangers.
25. Members guilty of offences punishable as strangers.
26. Recovery of penalty accruing under bye-laws.
CHAPTER - V
PROPERTIES AND FUNDS OF SOCIETIES
27. Property of Society, how vested.
28. Restriction on transfer of property.
29. Suit by and against Societies.
30. Suit not to abate.
31. Enforcement of judgment against Society.
32. Books of accounts to be kept by the Society.
33. Powers of Registrar to seize records, etc.
CHAPTER - VI
ANNUAL RETURNS, AUDIT AND SUPERVISION
34. Annual list of Governing body to be filed.
35. Audit.
36. Inspection of documents.
37. Power to enforce attendance, etc.
38. Power of Registrar to call for information.
CHAPTER - VII
ENQUIRY AND SETTLEMENT OF DISPUTE
39. Enquiry by the Registrar.
40. Surcharge.
41. Supersession of Governing body.
42. Dispute regarding management.
CHAPTER - VIII
AMALGAMATION, DIVISION, DISSOLUTION AND
WINDING UP OF SOCIETIES
43. Amalgamation and division of Societies.
44. Dissolution of Society and adjustment of its affairs.
45. Power of Registrar to cancel registration in certain circumstances.
46. Upon dissolution no member to receive profit.
47. Enforcement of order.
48. Determination after dissolution that property be utilized by the
Government.
CHAPTER - IX
OFFENCES AND PENALTIES
49. Penalty.
50. Cognizance of offences.
CHAPTER - X
APPEAL
51. Appeal.
CHAPTER - XI
MISCELLANEOUS
52. Registrar and other officers to be public servant.
53. Indemnity.
54. No Objection Certificate from the Registrar.
55. Fees.
56. Power to make rules.
57. Power to exempt.
58. Repeal and Savings.
THE HIMACHAL PRADESH SOCIETIES REGISTRATION ACT,
2006
(ACT No. 25 of 2006)1
(Received the assent of the Governor on the 20th October, 2006 and
was published in Hindi and English in R.H.P. Extra., dated 26.10.2006, p.
5383-5442)
AN ACT to re- enact the law to provide for the registration and working
of literary, scientific, educational, religious, charitable or other
Societies in the State of Himachal Pradesh and to repeal the
1 . Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see R.H.P. Extra., dated 23.8.2006, p. 3840 & 3867.
Societies Registration Act, 1860 (XXI of 1860) in so far as it is
applicable to the State of Himachal Pradesh.
Amended, repealed or otherwise affect by,-
(i) H.P. Act No. 5 of 20121,published in Rajpatra, Himachal
Pradesh both in Hindi and English on the 9th February, 2012
at pages 5697-5699.
BE it enacted by the Legislative Assembly of Himachal Pradesh in
the Fifty- seventh Year of the Republic of India, as follows: -
CHAPTER - 1
PRELIMINARY
1. Short title, commencement and application - (1) This Act may
be called the Himachal Pradesh Societies Registration Act, 2006.
(2) It shall come into force on such date2 as the State Government
may, by notification in the Official Gazette, appoint.
(3) This Act shall apply to Societies formed for all or any of the
following purposes, namely:-
(i) promotion of science, education, literature or fine arts;
(ii) diffusion of useful knowledge;
(i) diffusion of political knowledge;
(iv) foundation or maintenance of libraries or reading rooms for
general use among the members or open 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, instruments or designs;
(viii) promotion of social welfare;
(ix) promotion of religious or charitable purpose including
establishment of funds for welfare of military orphans, welfare
of political sufferers and welfare of the like;
(x) promotion and implementation of different schemes sponsored
by the State Government or the Central Government;
1 Passed in Hindi by the Himachal Pradesh Videhan Sabha.For Statement of Objects
and Reasons, see R. H. P., dated 9.4.2012, p. 364 &367.
2. Act come into force w.e.f. 26th October, 2006 vide Notification No. Co-op-A(2)-
2/99-(S)-II, dated 25th November, 2006 published in R.H.P. Extra., dated
11.12.2006, p. 8060.
(xi) promotion of Commerce, Industries and Khadi; and
(xii) promotion of Rural Development;
1[(xiii) promotion of Sports, including in-door and adventure
games but excluding games of chance and betting; and
(xiv) any other charitable or welfare object as the State
Government may, by notification published in the Official
Gazette, notify.]
2. Definitions.-In this Act, unless the context otherwise requires ,-
(a) “Collector” shall mean the Chief-Officer-in-Charge of the
revenue administration of a district and shall include a Deputy
Commissioner;
(b) “family” means husband, wife and their unmarried sons and
daughters;
(c) “financial year” shall mean year commencing on the first day of
April;
(d) “general body” means all the member of the Society;
(e) “general meeting” means meeting of the General body of a
Society and includes special general meeting;
(f) “Governing body” means the Governing body elected under
section 15 of this Act and entrusted for the time being with the
management of a Society under its regulation;
(g) “Government” or “State Government” means the Government
of Himachal Pradesh;
(h) “member of the Society” means a person who has been
admitted in the Society according to the regulations thereof,
continues for the time being to be a member of the Society and,
(i) having paid subscription,
(ii) having signed the roll or list of members,
(iii) having not resigned,
in accordance with the regulations of the Society;
(i) “prescribed” means prescribed by rules made under this Act;
(j) “Registrar” means the Registrar of Co-operative Societies
appointed under sub-section (1) of section 3 and includes
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;
1 Ins. vide Act No. 5 of 2012.
(k) “regulations” or “bye-laws” means registered regulations or
bye-laws of a Society for the time being in force;
(l) “Society” means a Society registered under section 6 of this
Act; and
(m) “State Aided Society” means a Society which receives or has
received aid, grant or loan or has received land, building or both
on concessional rates and other facilities from the Central
Government or the State Government or any Statutory body or
any other agency located in India or abroad.
CHAPTER - II
REGISTRAR AND OTHER OFFICERS OF SOCIETIES
3. Registrar and other officers of Societies.-(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 or special orders as the State Government may make,
superintend the administration and carry out the provisions of this Act.
(2) The State Government may, by like notification, appoint persons
to be called Additional, Joint, Deputy and Assistant Registrars of Societies for
such areas as may be specified in the notification and empower them to
exercise powers and to perform duties under all or any of the provisions of
this Act as may be specified in the notification.
CHAPTER - III
REGISTRATION
4. Societies formed by memorandum of association and
registration.—Any seven or more persons, being member of different
families and competent to contract under section 11 of the Indian Contract
Act, 1872 (9 of 1872), associated for any literary, scientific or charitable
purpose as described in sub-section (3) of section 1 of this Act, may, by
subscribing their names to a memorandum of association, and filing the same
with the Registrar, form themselves into a Society under this Act.
5. Requirements of memorandum of association.-(1) The
memorandum of association of every Society shall state-
(i) the name of the Society;
(ii) the objects of the Society;
(iii) the location of the head office of the Society;
(iv) the names, age, address and occupation of the Governors,
Council, Directors or Governing body to whom by the
regulation 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 existence has been previously registered anywhere
in the State; or
(b) which has as its component-
(i) such words as may suggest or may be calculated to suggest
the patronage of the Government of India or the
Government of a State; or
(ii) such words of National, International or universal
importance or such other words as the State Government
may, from time to time, by notification, specify; or
(iii) such words as is, in the opinion of Registrar, likely to
mislead the public.
(3) A copy of the regulations of the Society, certified to be a correct
copy by 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
admitted shall furnish such further information in regard to the Society as the
Registrar may require.
6. Registration.— If the Registrar is satisfied that a Society has
complied with the provisions 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.
7. Evidence of registration.—A certificate of registration signed by
the Registrar shall be conclusive evidence that the Society mentioned therein
is duly registered unless it is proved that the registration of the Society has
been cancelled.
8. Regulations of Society.—The regulations of a Society may
provide for,-
(i) the conditions of admission of members;
(ii) the liability of members to fines and forfeitures 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 staff and officers and their
powers;
(ii) the manner of electing and removing the Governing body and
the powers of such body;
(vi) the time and place of annual General 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 at
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;
1[(xii) the condition that the Society shall not distribute surplus,
if any, among me]
(xiii) the determination after dissolution that property be utilized by
Government according to section 48;
(xiv) matters to be provided by bye-laws and the manner in which
they shall be made; and
(xv) such other matters as may be considered expedient having
regard to the nature and objects of the Society.
9. Amendments of memorandum or regulations or bye-laws of
registered Society.-(1) No amendment of the memorandum of association or
regulations of a registered Society shall be valid until the amendment has been
registered under this Act.
(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 thinks fit, register the amendment.
(3) No proposal for amendment in the memorandum of association or
regulations of a registered Society shall be entertained if such proposal has not
been approved by a majority of three-fifth members present in the general
meeting called for such purpose.
(4) Where an amendment is registered under sub-section (2), the
Registrar shall issue to the Society, on payment of such fee as may be
prescribed, a copy of the amendment certified by him which shall be
conclusive evidence that the same is duly registered.
(5) Every society registered under the Societies Registration Act,
1860 (XXI of 1860) shall bring their bye-laws in conformity with the
provisions of this Act and the rules made thereunder 2[xxxxxxxxxxxxxxxx]:
3[xxxxxxxxxxxxxxxx]:
1 Subs. vide Act No. 5 of 2012.
2 The words “within a period of ninety days from the date of commencement of this
Act”omitted vide Act No. 5 of 2012.
3 Provisoomitted vide Act No. 5 of 2012.
10. Change of name of Society.- Subject to the provisions of section
12, any registered Society may, with the consent of not less than two-thirds of
the total number of its members, by a resolution at a general meeting
convened for the purpose, change its name.
11. Notice of change of name.—(1) A copy of the resolution passed
under section 10 shall be sent to the Registrar.
(2) If the Registrar is satisfied that the provisions of this Act in respect
of change of name have been complied with and that the proposed name is in
conformity with the provisions of sub-sections (2) and (3) of section 5, he
shall enter the new name in the register in place of the former one and issue a
certificate of registration with necessary alterations embodied therein, and the
change of name shall be complete and effective only on issue of such a
certificate.
(3) The Registrar shall also make the necessary alteration in the
memorandum of association of the Society.
(4) The Registrar shall charge fee, as may be prescribed, for any copy
of certificate issued under sub-section (2) and all fees so paid shall be
deposited into Government treasury.
12. 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 of the name of Society or render defective
any legal proceeding by or against the Society.
13. Societies enabled 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, such Governing body may submit the
proposition to the members of the Society in a written or printed report and
may convene a special general 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 of the
Society, ten days previous to the special general meeting convened by the
Governing body for the consideration thereof, and unless such proposition
shall have been agreed to by the votes of three-fifth of the members, delivered
in person or by proxy, and confirmed by the votes of three-fifth of the
members present at a second special general meeting convened by the
Governing body at an interval of one month after the former meeting.
14. Society to be a body corporate. — Every Society shall be a body
corporate by the name under which it is registered having perpetual
succession and a common seal, and shall have powers to acquire, hold and
dispose of property, both movable and immovable, enter into contract,
institute and defend suits and other legal proceedings and to do all other things
necessary for the purpose for which it is constituted, and shall by the said
name, sue or be sued.
CHAPTER-IV
MANAGEMENT OF THE SOCIETY, MEMBER’S RIGHTS
AND PRIVILEGES
15. Governing body of the Society.-(1) Every Society shall elect a
Governing body, 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 19.
(2) The term of the Governing body or of its members so elected shall
be as may be specified in the regulations but not exceeding three years:
Provided that a member of the Governing body of a Society shall be
eligible for re-election as such, if the bye-laws so permit:
Provided further that a member of the Governing body may be
removed by the general body in a meeting specially convened for such
purpose by simple majority of votes of the members present after affording
such member an opportunity of being heard.
(3) Every Society shall maintain a register showing the names,
addresses and occupations of the persons, who are members of the Governing
body and the President or Secretary or any person authorized in this behalf by
Governing body, 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 Governing body;
and
(ii) a notice of every change in the members of the Governing body
within a period of fourteen days from the date of such change.
(4) The management of every Society shall vest in a Governing body
elected under sub-section (1), which shall exercise such powers and perform
such functions as may be conferred or imposed by this Act, the rules or the
bye-laws.
16. Disqualifications.—A person shall be disqualified for being a
member of the Governing body of a Society under this Act if, on the date of
elections, he,—
(a) is disqualified for such appointment by an order of a Court or
the Registrar for causing loss to the Society or retaining
property of the Society or for any other reasons detrimental to
the interest of the Society; or
(b) is in arrears of prescribed subscription fee and a period of 45
days is over after delivering notice to such members to such
effect; or
(c) has been convicted of a cognizable offence and sentenced to a
term exceeding 3 months; or
(d) has incurred any of the disqualifications, as may be prescribed.
17. 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.
18. Supply of copies of balance-sheet etc.—Every Society shall
supply to every member a copy of the balance-sheet or a statement of
accounts together with the auditor’s report at its annual general body meeting,
if not supplied in advance.
19. Meetings.— (1) The bye-laws of the Society shall specify the
frequency and the manner in which the meetings of the Governing body and
general body shall be held, so however that the Governing body shall meet at
least once in every three months and general body shall meet at least once in a
financial year.
(2) Every Society shall record in the minutes book, the minutes of all
proceedings of every general body meeting and also every meeting of its
Governing body.
(3) Such minutes shall be communicated to all the members invited
for the meeting within thirty days of the said meeting.
20. Annual General Meeting.—(1) Every Society registered under
this Act shall hold the annual general meeting of its members once in a
financial year at which the report of management of the Society for the
previous financial years together with an audited copy of the balance sheet,
income and expenditure account and the auditor’s report shall be submitted
for approval.
(2) Without prejudice to the generality of the provisions of sub-
section (1), the general meeting of a Society shall be held at least once in
every financial year for the purpose of-
(a) approval of the programme of activities of the Society prepared
by the Governing body for the ensuing year;
(b) election, if any, in the prescribed manner of the members of the
Governing body other than the nominated members;
(c) consideration of the audit report and the annual report; and
(d) consideration of any other matter, which may be brought
before, in accordance with the regulations of the Society.
(3) Such meeting shall be held not more than fifteen months after the
date of the last preceding meeting held under sub-section (1).
(4) The first annual general meeting shall be held by a Society within
fifteen months of its registration. The subsequent annual general meeting of
the Society shall be held with in twelve months after the first annual general
meeting:
Provided that the Registrar may, for special reasons to be recorded in
writing, extend the time within which an annual general meeting shall be held
by a further period not exceeding three months.
(5) Quorum for general meeting shall be one-half of the total
members or as provided in the bye-laws, which ever is more.
21. Special general meeting.—(1) A special general meeting shall be
called at any time by the President, or by a simple majority of the members of
a Governing body, within one month-
(a) on a requisition, containing the proposed agenda and reasons
for such meeting, in writing of one-fifth of the members of a
Society or of members, the number of which is specified in the
bye-laws for the purpose, whichever is lower, or
(b) at the instance of the Registrar.
(2) If a special general meeting of a Society is not called in
accordance with the requisition referred to in sub-section (1), the Registrar or
any person authorized by him in this behalf, shall call such meeting, and that
meeting shall be deemed to be a meeting duly called by the Governing body.
(3) The Registrar shall have power to order that the expenditure
incurred in calling a meeting under sub-section (2) shall be paid out of the
funds of the Society or by such person or persons who, in the opinion of the
Registrar, were responsible for the refusal or failure to convene the meeting.
(4) Quorum for special general meeting shall be same as provided for
annual general meeting under sub-section (5) of section 20.
22. Legal proceedings.—(1)The Governing body or any officer of
the registered Society authorized in this behalf by its bye-laws, may bring or
defend cause to be brought or defended any action or other legal proceeding
touching or concerning any property, right or claim of the registered Society
and may sue or be sued in respect of any such property, right or claim.
(2) Any action or legal proceedings shall not abate or be discontinued
by the death; resignation or removal from office of any officer or member of
the Society.
23. 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:—
(a) Name, address and signature with date of each member;
(b) the date on which the members are admitted; and
(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 member whose subscription for the time being is 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 admission of a member or cessation of membership, every office-
bearer in default shall be punishable with fine which may extend to five
hundred rupees.
(5) Subject to the approval of general body, a member may be
expelled by the Governing body if he acts contrary to the interest of the
Society.
24. Members liable to be sued as strangers.— (1) Any member of a
registered Society who may be in arrear of a subscription which, according to
the regulations 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 regulations or shall injure or destroy any property of the Society, may be
sued for such arrear or for the damage occurring from such possession,
detention, injury or destruction of the property in accordance with the
provisions of this Act.
(2) If in any suit or other proceeding brought under sub-section (1) at
the instance of the Society, the defendant shall be successful 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 or other proceedings 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 provision of this Act.
25. Members guilty of offences punishable as strangers.— Any
member of the registered Society, who steal, purloin, embezzle any money or
other property, or wilfully and maliciously destroy or injure any property of
such Society, or forge any deed, bond, 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 who is not a member, would be subject
and liable to in respect of the like offence.
26. Recovery of penalty accruing under bye-law.—Whenever by
any bye-law duly made in accordance with the regulations of the Society, any
pecuniary penalty is imposed for the breach of any regulations or bye-law of
the Society, such penalty, when accrued, may be recovered in any Court,
having jurisdiction where the defendant resides, or the office of the Society is
situated, as the Governing body thereof shall deem expedient.
CHAPTER - V
PROPERTIES AND FUNDS OF SOCIETIES
27. Property of Society, how vested.— The property, moveable or
immoveable, belonging to a Society registered under this Act, shall be deemed
to be vested in the General body of such Society and in all proceedings, civil
or criminal, may be described as the property of the General body of such
Society by their proper title.
28. Restriction on transfer of property.—No immovable property
shall be acquired or transferred by way of sale, gift or otherwise by the
Society without the previous approval of its general body:
Provided that information relating to all such transactions of property
shall also be passed on and got recorded with the Registrar within a period of
fifteen days.
29. Suit by and against Societies.—Every Society may sue or be
sued in the name of the President or Chairman or the Secretary or the
Governing body, as the case may be, as shall be determined by the regulations
of the Society and in default of such determination, in the name of such
person as may 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 the Secretary
or the Governing body, if on application to the Governing body some other
officers or person be not nominated to be the defendant.
30. 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
proceedings shall have been brought or continued, dying or ceasing to fill the
character in the name where of he shall have sued or been sued, but the same
suit or proceeding shall be continued in the name of or against the successor
of such person.
31. Enforcement of judgment against Society. — (1) If any
judgment is passed against any officer or member of the registered Society,
such judgment shall not be enforced against the property, moveable or
immoveable, or against the body, of such officer, but against the property of
the registered Society.
(2) The application for execution shall set forth the judgment, the fact
of the party against whom it shall have been passed having sued or having
been sued, as the case may be, on behalf of the registered Society only, and
shall require to have the judgment enforced against the property of the
registered Society.
32. Books of accounts to be kept by the Society. — (1) Every
Society shall keep at its head office proper books of accounts in which shall
be entered accurately—
(a) all sums of money received and the source thereof, and all sums
of money expended by the Society and the objects or purposes
for which such sums are expended;
(b) the assets and liabilities of the Society; and
(c) details of immovable property acquired by the Society.
(2) The books of accounts shall be open to inspection by the office-
bearer or members of the Society or the Registrar or the person authorized by
the Registrar during the office hours.
(3) For the purpose of sub-section (1), 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.
33. Powers of Registrar to seize records, etc.—(1) Where the
Registrar is satisfied that—
(a) the records, register or the books of accounts of a Society are
likely to be tampered with or destroyed and the funds and the
property of a Society are likely to be misappropriated or
misapplied; or
(b) if the Governing body of a Society is re-constituted at a general
meeting of the Society and outgoing members of the Governing
body refuse to handover 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 authorized by him in
writing to seize and take possession of such books and records, funds and
property of the Society and the officer or officers of the Society responsible
for the custody of such books, records, funds and property shall give delivery
thereof to the person so authorized.
(2) In order to secure compliance of the orders under sub-section (1),
the Registrar may take or cause to be taken such steps and use or cause to be
used such minimum force including police force as may be considered
necessary.
CHAPTER - VI
ANNUAL RETURNS, AUDIT, INSPECTION AND
SUPERVISION
34. Annual list of Governing body to be filed.— Once in every
year, on or before the fourteenth day succeeding the day on which according
to the regulations of the Society the annual general meeting of the Society is
held or if the regulations do not provide for an annual general meeting, then
within fourteen days of the 31st day of January, a list containing the full
names, permanent addresses and chief occupations and others, if any, with
signatures 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
specified time-limit or within the extended time, it may file the same within
such further extended period but not exceeding 30 days and with such late fee
as may be prescribed.
35. Audit.— (1) Every Society shall send to the Registrar a statement
of income and expenditure with full particulars in such form as may be
prescribed duly audited by its Auditors/Chartered Accountants 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 30thday of April,
every year where the regulations do not provide for an annual general
meeting. If the Society fails to send the aforesaid statements within the
stipulated time, the Society shall be liable to pay late fee as may be
prescribed.
(2) On receipt of such statement, the Registrar shall verify the
statements and shall ensure that the registers, account books and other records
of the Societies are maintained in the prescribed manner and the funds have
been utilized for the promotion of the Society and its objects and he may also
issue such instructions in respect of utilization of funds as he may think fit:
Provided that accounts of Society having annual transaction
exceeding one lac rupees shall be submitted to the Registrar duly audited by
Chartered Accountant:
Provided further that Society having annual transaction exceeding
1[twenty lac]:rupees shall publish, every year, its audited balance sheet
including profit/loss account statement in a prominent local daily newspaper.
(3) If the Registrar thinks necessary to undertake a special audit, he
may audit, or cause to be audited by any person authorized by him by general
or special order in writing in this behalf, the accounts of any Society.
(4) Any person authorized by general or special order, in writing in
this behalf, by the Registrar shall, at all times, 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 accounts and working of the Society
as the person making such inspection may require.
36. Inspection of documents.—Any person may inspect all or any of
the documents filed with the Registrar under this Act, or require copy or
extract of any such document to be certified by the Registrar, by filing an
application together with such fee as may be prescribed, and such certified
copy shall be prima facie evidence of matters therein contained in all legal
proceedings whatsoever.
37. Power to enforce attendance etc.—The Registrar shall have
power to summon and enforce the attendance of witnesses including the
parties interested or any of them and to compel them to give evidence, and
compel the production of documents by the same means and as far as possible
1 Subs. for the words “five lac”vide Act No. 5 of 2012.
in the same manner as provided in the Code of Civil Procedure, 1908 (5 of
1908).
38. Power of Registrar to call for information. — (1) Where on
perusing any document which a Society is required to submit to him under
this Act, the Registrar is of opinion that any information or explanation is
necessary in order that such document may afford full particulars of the
matters to which it purports to relate, he may, by 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 of the order by the Society under sub-section (1), it
shall be duty of the Society and of all persons who are officers of the Society
to furnish such information or explanation to the best of their power.
CHAPTER - VII
ENQUIRY AND SETTLEMENT OF DISPUTE
39. Enquiry by the Registrar.— (1) The Registrar may, on his own
motion or on an application made under sub-section(2), either by himself or
by a person authorized by him, by order in writing, hold an enquiry into the
constitution, working and financial conditions of a Society.
(2) An enquiry under sub-section (1) shall be held on the application
supported by an affidavit of—
(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 of the
Society.
(3) The Registrar or the person authorized by him under sub-section
(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 headquarters 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 who, he has reason to believe to
have knowledge of any of the affairs of the Society to appear
before him at any place at the headquarters of the society or any
branch thereof or in his own office and may examine such
person on oath;
(c) he may, notwithstanding any regulation or bye-law specifying
the period of notice for a general body meeting of the Society,
require the officers of the Society to call a general body meeting
of the Society at such time at the head office of the Society or
any other place at the headquarter of the Society and to
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; and
(d) any meeting of the Society called under clause(c) shall have all
the powers of a general body meeting called under the
regulations or bye-laws of the Society and its proceedings shall
be regulated by such bye-laws.
(4) When an enquiry is made under this section, the Registrar shall
communicate the outcome of the enquiry to the Society and may issue
appropriate directions to the Society, which shall be binding on all parties
concerned.
40. Surcharge.—(1)Where, in the course of audit under section 35 or
an enquiry under section 39,it appears that any person who had taken part in
the establishment or management of the Society or any past or present
President, Secretary, member or the staff of the Society; has misapplied or
retained, or become liable or accountable for any money or property of the
Society, or has been guilty of misfeasance or breach of trust in relation to the
Society, the Registrar may, on a report received from the officer or an
application received from the Governing body of the Society or his own
motion, examine into the conduct of such person and after giving reasonable
opportunity to the person concerned to submit his explanation, make an order
requiring him to repay or restore the money or property or any part thereof,
respectively with interest at such rate as may be prescribed or to contribute
such sum to the assets of the Society by way of compensation in regard to the
misapplication, retainer, misfeasance or breach of trust as the Registrar thinks
just.
(2) Any sum ordered under this section to be repaid to a Society or
recovered as a contribution to its assets, on a requisition being made in this
behalf by the Registrar, shall be recovered as arrears of land revenue under the
provision of the Himachal Pradesh Land Revenue Act, 1954.
(3) This section shall apply notwithstanding any criminal prosecution
launched or proposed to be launched against such person.
41. Supersession of Governing body.— (1) If, in the opinion of the
Registrar, Governing body of any State-aided Society or any other Society
engaged in delivering services to public, such as education, health, sanitation
etc.,—
(a) persistently makes default or is negligent in the performance of the
duties imposed on it by or under this Act, regulations or bye-laws
of the Society or by any lawful order passed by the State
Government or Registrar, or is unwilling to perform such duties;
or
(b) commits acts which are prejudicial to the interest of the Society or
its members; or
(c) is otherwise not functioning properly;
the Registrar may, by order in writing, remove the Governing body and
appoint one or more Administrators to manage the affairs of the Society for a
specified period not exceeding six months 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 bye-laws made thereunder, no action shall be taken under this sub-section
unless the Registrar or an officer authorized by him in this behalf has
convened a meeting of the general body for conducting the election thereto in
accordance with the provisions of this Act, or the regulations or bye-laws
made thereunder but has failed to get the new Governing body elected.
(2) No order under sub-section (1) shall be made unless the
Governing body has been given a reasonable opportunity on being heard.
(3) The period specified in the order under sub-section(1) may be
extended for further period of six months, for the reasons to be recorded in
writing, by the Registrar, and thereafter no further period shall be extended.
(4) The Administrator(s) appointed under sub-section (1) shall,
subject to the control of Registrar and to 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 officers of the Society, and to take all such actions
as may be required in the interest of the Society:
Provided that Administrator (s) will enroll no new member and make
no appointment.
(5) The Registrar may fix the remuneration payable to the
Administrator(s), and the amount of such remuneration and other costs, if any,
incurred in the management of the Society shall be payable from the funds of
the Society.
(6) The Administrator(s) appointed under sub-section (1) shall, at the
expiry of the period of appointment, arrange for the constitution of a new
Governing body in accordance with the regulations of the Society.
(7) If there is difference of opinion between the general body of the
Society and Administrator(s) 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, the Governing body may be
required by the Registrar to function under the supervision and with the
approval of such authority as the Registrar may specify in this behalf and no
order made or resolution passed or any other act performed by the Governing
body, shall be effective unless it is approved by such specified authority.
(9) Where the Registrar, while proceeding to take action under sub-
section (1) is of the opinion that suspension of the Governing body or any
member during the period of proceedings is necessary in the interest of the
Society, he may suspend, such Governing body or member, as the case may
be, and where the Governing body is suspended, make such arrangements as
he thinks proper for the proper management of the affairs of the Society till
the proceedings are completed:
Provided that if the Governing body or member so suspended is not
removed, it or he shall be reinstated and the period of suspension shall count
towards its or his term.
42. Dispute regarding management. — 1[(1) If any dispute arises
among the governing body or the members or ex-members of the
Society or its employees or ex-employees in respect of any matter
relating to the affairs of the Society, any member or ex-member of
governing bodyExcerpt shown. Open the full act in Lexace.