The Manipur Societies Registration Act, 1989

 
 
 
GAZETTE
 
EXTRAORDINARY
PUBLISHED BY AUTHORITY
 
 
 
 
80. 664(A) Imphal, baturdny, Mitch 17, 990 (Puaiguna26,1,11)
 
GOVERNMENT 0F “’11"1111’;R
SECRETARIAT: LAW & LEGISLATIVE \FPA—iR‘ DEPARTMENT
.NQTIFICAT 10 N
Impha", the- 17th Maren, 1990
No, 2/3f89-Legfl. .—Thc fbilowmg Act 01’ {be Legis‘. ature,. Manipixr which
received assent of the President of india 0n 7-3-91: is hereby published in the
Manipur Gazette. _ _ ,
i 1. «BIJOY SINGH
Secretary (Law) Government of Mahipur.
THE MANIFUR SGGHETIES: REGISTRA'JIQNACT,:1989 I
g:Act No.1 of 1990}:
F“, 4’51,” a: 7 *Y1?
A01 1 A I t . H
to providefcr fins registrafim of fité'ra‘ry, soiehtific and charitable siwcfies aid
for matters cannectéd fhexewilh.
BE it enacted by the Legislature of Manipur in the Fortieth Yearof the!
Republic of india asfollows:
1, Short title, extent and eminencement :—(1)This act may be ca‘iledfixe_ .}
Manipur SOCiCtikS 31111111111011 Act. 1989.
(2) It extends to the whole oftha State of Manipur
- (3) It 111311 come into {61cc on such date as the State Gosernmeni may,
by nmification in 1116 ofliciulGazette, appoint.
‘2. W110“ :—-—In this Act, unkss the context otherwise rcquirés:
(a) “court” means the principal civil court of original jurisdiction 6f 11!.
districtvillain which the rogistered ofiice of the society is situated;
(b) “governing body’ mm the body, by whatever name 68%;
entrusted for the time being zwith tbe management ofa society
undcr its xegulatiom, Vj V
 
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(c) “metnerandum” means the memorandum of association of a society
as originally filed and as amended, in pursuance of the pmVisions
. of this Act”; ‘
, (d) "President” means the‘. President, "the Chairman or the formal'head
of whateyer name cailed, of a‘society and includes a person Who
for the time being acts as the format mead L '
(e) “Registrar’, tneans .a person appointed as Registrar under section 3
9““ , , and Includes in relation to the ‘7 exercise of any powers or functions
been conferred under that section ; _
w(f) “regulations" means‘ the regulations made by a society»;
(g) “rules” means rules made by the State Government under section 31;
(h) “Secretary” means the Secretary or the principal executive office
beater by whatever name called, of; a society, and includes a person
who for the time being acts as Secretary :
(i) ~“Society” means a society registered or deemed to haverbeen registered
" - ! under this Act ;and -- ' ‘ , r‘
(3‘, “votes of three-fifths of the members” means the/votes- ‘of’at 1east~
three-flfths of the total number of members of a. society, given at a
general meeting of the seciety convened accarding to its regulations, '
v g - including votes by proxy where voting by proxy is allowed under
the regulations.
3. Appointment of Registrar :—The State Government may appoint a person
to be the Registrar of Societies for the State of Manipur and such other persons as
7 it thinks necessary to assist the Registrar and may, by general or special order,
confer on such person or persons assisting the Registrar any of the powers and
functions of.the Registrar under this Act.
,, 4. Societies to be formed by memorandum of association and, registration;—(l)
Any seven or more individutls associated for any of the subjects mentioned in
sub-section (2) may subscribe their names to a memorandum of association and
file it along with a copy of the regulations with the Registrar for registration of
the association as a society under this Act.
(2) The objects referred to in sub-section (1) may relate to the promotion of
literature, arts, selence or religion ; any charitable purpose including the care or
I ‘ relief of orphans, or of aged, Sick, helpless or indigent persons ; the alleviation of
the sufferings ’of the animals ;the diffusion of knowledge ;the dissemination of
social political or economic education; establishment and maintenance of libraries
or reading-rooms for the members or for the public ; the collection and preserva-
tion of manuscripts, paintings, sculptures, works or arts, antiquities, naturd
history Specimens, mechanical and scientific instruments and designs ; any other
object as may be notified by the State Government as being beneficial to the public
opto‘a section of the public. . , .
5L Memorandum of association ;—The Membraadum shall contain, amongst
other things, the following particulars, namely :7-
) (a) the name of aesociation ; _ ‘ ‘
(b) the address of the registered ofl‘ice ef the assoeiation ;
(c) the object of the association ;
' urder this Act any person on‘whom such powers or functions have“
 
  
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(d) the names of the first members of the governing body ; and‘(c) the names, addreses and occupations of the signatories to thememorandum.
6. Regulations :—The Regis’rar shall not accept any memorandum; forregistration of a society unless it is accompanied by a copy of its regulationsproviding, amongst other things, for the following matters, namely;
(a) The composition ,of the gcverning body and the manner of electionor appointment and resignation or removal and the term of office“of the memaers o‘ the governing body, the President, the Secretaryand other office bearer;
(b) the admission to membership and resignation and removal of- , members; -
(c) ’ the maintenance of a register of members and facilities \for ins--' pection thereof by the members; _ , >(d) the safe custody of the property of the society includingin‘parti-cuiar, the manner of keeping or investing any moneys of the society;
(e). the procedure for holding meetings of the society, the quorum,the method of voting, the period of notice for meetings and themanner of voting by proxy, where such voting is allowed;
(f) the maintenance and audit of accounts;
(3) the inspection of accounts, and of the proceedings of‘ meetings, by.the members of the society; and ‘ ,(h) any other matter relating to the objects or affairs of the society.
7. Registrationz—(l) The Registrar upon being satisfied that the‘memoran-dum and the regulations accompanying it comply with the requirements of thisAct and the rules and upon payment of the fee referred to in sub-sectiOn (2)shall certify under this hand and seal that the society is registered under this Act.(2) There shall be paid to the Registrar, for the registration of a societyunder this Act, a fee of one hundred rupees, or such smile: fee as the StateGovernment may from time to time direct; <
I(3) An appeal shall lie to the State Government against an; order of theRegistrar refusing to certify the registration of an association as a society underthis Act and the decision on such appeal shall be final.
8. Alteration of memorandum and regulations:—(l) A society shall not alterits memorandum except with the prevbus permission of the Registrar in writingand the votes of three-fifths of its members;
, (2) Before granting permission unden sub—section (1), the Registrar shallsatisfy himself that the alteration does not make the society ineligible forregistration under this Act. , ' t(3) Subject to the provisions of this Act, the rules and provision of thememorandum, a society may, by the Votes of three-fifths of the members, alteeits regulations. ‘ ,.—
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9. Alterations to be filedz—(l) A’eopy of every alteration. of the memo-rlndum and of the regulations shall be filed with Registrar Within thirty daysof such alteration. . j
(2) The RegiStrar shall, except for special reasons to be recorded by himin writing mithinithirty days from the date ‘ot‘such receipt, record the alterationand senu an intimation of the fat; to the scciety‘ or communicate to the societyhis objections to such alteration. _
(3) An appeal shall lie to the State Government against any objection made., by the Registrar and the decision of the State Government'on such appealbe final.
7. '(4) An alteration shall have effect from the date on which the intimationreferred to insuh-section (2) is received by the society er ‘in the event of anyobjection being raised byrthe Registrar, from“the ‘n‘ate en whit?” the StateGovernment allows the alteration on appeal,
10; Name of“ the society:—No society shalt be registered under a namewhich 18 identical with or too nearly, resembles, theiname of any other society~ or! any body corporate Which has been pxeviou51y registe‘ted; 9: ineurpora'tedunder this Act or any other law for the time being in toree, as the casemay be, or is deemed to have been registered under this Act.
‘11; State Government may direct change of name:—(l) Ifa society isre 'stered unher a name or alters its name to» another name which in the opinionoMtheSta-te Government is identical With or too Vnearly'reSembles the nameof any other society or body Corporate which, have been previfiusly registeredor incorpoxated under this Act or any other law for the time» being in forceor being deemed to have been registered under this Aot, continues to exist, theState Gevernment may, by order maoe in this behalf,~d‘irect sneh society tochange its name and alter its memorandum: within three months from the dateof the order 0.; such longer period as the State Government may think fit to allow.
(2) No change of name shall affect the right and lithities of '3 society or vany legal proceedings by or against the society.
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\4 i2; Societies to have power to amalgamate with another society:—(l). Whenever two or more societies desire to amaigamate, the governing”body of each such society shall submit a joint perpcsal in writing to theRegistrargfor his prior approval thereto. ‘
(2) No such proposal shall have effect unless the proposal, with the?)modification. if any, suggested by the Registrar is confirmed by three—fifths0f the joxn members of the societies conCerned. ‘ ' ,(3) An appeal shall lie to the State GOVemment against any order of the"State G0vernment on Suchappeal shall be final.
' (4) On theproposal being confirmezl—
’ ‘ (a) ' the amalgamated society shall be registered under its new nanfe;'(b) the registration of the amalgamatiag societies shall be eaiicellediand ,(c) the assets and the fiabilifies of the agalgamettg . societies shalt~be the assets and the liabilities of the amalgamated society.
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13. Name of the society to be prominently shown 1—Every society shall:—
(a) prominently display i6 name outside its office or the place where
its business is carried on; . ‘ ' ‘ ~ 7 ‘
(b) have a seal with its name engraved‘thereon; and
(0) have its name mentioned in all documents executed in its favour
or on its behalf.
14. Register of membersz—Every society shall maintain. at its registered
ofioe, a register of its members and shall enter therein the t‘ohoLving particulars,
namely:—
(a) the name and address of each members;
(b) the date on 'which the member we: admitted; a 1dr
(6) the date on which a member ceaSed} to be such.'
15. Books of account and auditz-(l) Every sootety shall keep at its registered
oflice proper books 0t account in which shall be enterei accurately ally sums}
of money received and the source thereot' and all sums of money expended
by the society.
(2) Every so ciety shall have its accounts audited once a year by a duly qualifieti'
auditor and have a ba‘ance sheet prepared by him. The auditor shall also
submit a report showing the exact state of the finanCial affairs of the society._
16.’ Annual general meetingz—(l) Every society shall hoid an annuai geriet‘aiT
meeting in every year.
(2 77 ’lhe balance sheet and the auditor’s report referred to ink sub-section (2) of
sectien 15 shall be placed at the annual general meeting of the society. '
17.' Annual and other rethrnt to‘be forwarded to Registran—tl) Within thirty
days after the holding of every annual general meeting; there 'shall be fied‘
with the Registrar— _ §
7 (h) a list of the names, addresses and cccupations of the membersef
the new governing body, the President, the Secxetary and of other»
otfice-bearers of the society; . '
(b) an annual report by the governing body an the werking of €53
, society for the previous-year; an ‘ 4 f ' i ' '
“ (e) a copy each of the balance sheet and auditor’s report.
H(2)s.'\Ihe‘1ist and the attnualvrepc-rt referred to in cla/uses (a) and (b) of ‘
subsection (1) ‘shall be, certified by the President and Secretary. _ ‘
: ‘ 3) IfN ainy’change ocvcuts in thecomposition of the geveinihg body or in --th.e,,Tf
hefderflof the office of the President or the Secteter-y at any time for any reasonwhat- _
sc'ever; s‘ueh change shall,“ within thiry days, be notified to‘ the Registrar. . ; m;
  
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18. Property of the society howto be vested: —_All pmpertyhelongingi to a
society, if 11m vestedin 1111131661111511th deemedte b‘e vestei in the governing
body of the society and shall be referred to as ,the pt >pe11y of the society.
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1 19.Suits and proeeedings by and agflnfidfléiefi‘yu—fl) Every society may
‘ sue or may be sued in thename 'ofvvthethaeidsnt:hhedS’ecretaiy, or my Oflice—bearer
authcrised by the Registti'sr in thlislinbehalf. , .
3,50) Til din (1.1!.11’2? 11‘23' \‘l-
(2) No suit or proceeding shall abate by ”real:11m nfany vacancy or change
in the helder of the oflice of the President, the Sectetary11' any othee-beurer,
anthorised under sub-seetion (1)11:_:s1..=-. . ,1 3 . ,,
131.1:‘very decree 01'? orderugfihst a‘eociet'y in’any suit or prt‘cetdlng313511
beexecutable against the property of the :society and not against the person
or the property of the President, the Secretary orany oflice-bearers
1111:»115,‘ -£ ’
(4) Nothing in sub-sectien (3) shall exempt theP{esident the Seetetary or
office-bearer of a society11011111114;Vérih’i’i‘ha'f 1111mm nndei' this Act 61' entitle
him to claim any contribution- [mm the ptepei'ty 111‘. the society inltespect of
any fine paid by him on conviction by a Crimidal Court.
 
20. Power to aiter' mguiat’mrnz-——(P)8anth'tb the provisions ofthis Aetgnd
fine rules, a Seciety may, by the votesorthree-fifths{of the members add. to or
amend its regulations. " , 1 c
(2) A copy of surh additions or amendments to the regulations $11111 be
filed With the Registrar within thutty deys'afterthey are made.
19 21. Power of Registrar to call for; information 01' exphmath—(l) The
Registrar may, by written order, call ona society to furnish in yritinw such
information o.r explanation within such. time, netbeing tees than two weeks
fi'om the date of receipt of the 011151 by the society, as he may specify 1111‘
the order in connection with the ati'airs oi’ the society or any documents filed
by the society under this Act. -
(2) On- receipt by the seciety ‘oi’tin ordei' 11111151 subsection (1 ) it sh 111 be the
duty of the oflice-‘oeerer concerned to fui'nish such information or explanation.  
22. lnvestigationof afi'airs ofttsociety :-—(’¥) Where on infefm‘rtion receiv‘gg'
7 the Registrar is of the opinion th1t there are circumstanc s sugg sting t‘hit the
g ‘ ' business of a society is being conductee With intent to defrand its creditors,
“ I ,1 members 1111- 31y other persen, 111'thatthe eoeiety is guilty oi”mismanagingits
afin’m 111: et: 1111511111116th or 111113waact, he my “tier an inquiry into the
matter of the information received and:'ti‘p'puint an «amen under him to inspect
‘1 and inquire as directed.
(2) It shall be the duty of evéiyoWrere? the society when soiequireé
by the office: ordered to inquire, to 3191131121, any books and papers 9f (1;; relating
to the society which are m 1111 custody a'in Otherwme to give to the officer
ail assismnce in connection yihba«Q11? 1:1!esttganon01'inspeetionwith11: 1s
reasonably able to gye ,. .1. , =- ’ *5"
(3) The officer may call ,fi’uponnd exanu'ne onoath any ofliecabeataee of
tb society in rehtibtgto the a‘ihi'rb oithe jsociety find.itshah be ~
of ever? efiice-bearer whenso 1131????“ ‘
for such examinatten ' ' 3w?! 132'“
  
 
 
 
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"T (4’; Oh; the conciusieh of lthflf'inws‘iibalio’i ’o1' mseection, 215the eaeg
may be, the officer hi”mike a rep)“; to the R:gist.13011 the matters on
which hewwas directed to report. ' ,
‘ . (5) The Register shall send the 16,3311 with 11300311181311”) thzreon tombs
Stat: Gwarghen: ‘ Oh perusal (51‘ 311611 11111131111111 comments 01" the Registrar,
the State Gavern'net may giVe'a'uCthIICCfiOQS as it mlythiuk fit to the society:
for the remova! of any defects or irregularines within such time as my be
specified and 011 the society making any default'in taking action acc 1rdihg to
afichdirectiohs, the Sta1:1 Government may direct 173151 Rféi'istar to move the
69:1“ fer dissoiusion Qf the society. ‘ 4
0'23. Cahceiiatioh of rcgistratioh:.-—. When.anihquiryhas been held under
section 22, the Registar may, if he is satisfieci;
(a) that the seeiety has contravenedany of the provinces of thls Act
01' the rules made thereunder; or ‘
(b) that the’SOCiet‘y 11311130111532-01 must neaessuily become 3030!
‘(c) that the business of any such society is conducted fraudulently
or not in accordance with the bye-laws or the 0135005 specified
in the memorandum filed with the Registrar uhder Section 4;
after giving in such manner, as he thinks fit, previous notiCe in writing to
the society, seecifying’briefly the grounds of the proposed cencel‘atien arid,”
after giving an aeportunity to the society to show cause why the cancellation'
should not be made, ClIlCel the registratien'of the society, and communicate,
the. order of ,cmczilation forthwith to the society by registered post. ‘
24. Winding—up of society :-—(1) Where the registration of a society is
cancelled, the Registrar may apeoint a liquidator to wind up the sociay if
the society has not Wound up within such period as may be prescribed fm
the date of the order of ca'iccellation.
(2) A iiquidator sha‘i have power subject to the centre! of the Registrar.—
(a) to institute or defend any action or other legal proceeding on
behalf of the scciety by his name of oflice;
(b) to determine by what perions and in what proportions the com
.of 111: liquidation 1113 to beborne; and
(c) to give such d:ree.ions in regard to the collection and distfinution
of the assets of the registered society as may appear to him to
be neeCessary f01 wimiing—up the alfalfa ef. the society
(3) An order made underthis sectien shall, 011 afip! ication, be 1:11me
by any civil court having 100111 jurisdietio‘n in the sane manner as a decree
of such court
25. Disseiuiien by resemtion:-—(l)A society may be dissolved if by the
votes of three—fifths of the members 113 133.5363 11 ressolution‘ f6: such disso-
lutien at a general meeting convened for the purpase, .- . _
3(2) Where a reseiution for dimiutien of a Society is passed under 1111b-
seefieh(1), the .gaxzething body shaii take 544%! steps 501‘ the rdifiposai and
settlement of the property of the gociety ahd its claims and liabilities it my:
think fit subject to the regulatiohs of the society, if any.
 
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(3) After all necessary steps have been taken under sub-seetion (2), thegoverning body shall send a repo'rt'to the Registrar.
(4) The Registrar shall thereupon issue a notice in the official Gazette.to the effect that if no objection is received ,from any claimant, or creditoror any member of the society within three months, from the date of thenotice, the society shall, subjeit' to' the provisions of section 26, bedissolved.
(5) If no objection is resolved Within three months as aforesaid, and afterthe surplus assets, if any, have been disposed of as provided in section 26,the Registrar shall make an order confirming the dis'solution of the society andthereupon the society shall stand dissolved. The Registrar shall record the orderQf dissolution in the register maintained in his office. \
(6) If any objection is received from any claimant or creditor within theperiodr‘ of three‘t'months as \aforesaid! the Regina: shall not make an orderconfirming the dissolution of the society unles: he is satisfied that the rele-Vant claim or liability has been {duly settled and. the surplus assets, if any,have been disposed of as provided in section 26. ,
L (7) Where any Government has made in any manner any contributionto the funds‘o'r other assets of a society Inch society shall not be dissolved,unless the State Government has given its assent t) the dissolution.
On dissolution, no member to receive profitt—If, upon the dissolution ofany registered soceity, there shall remain after the satisfaction of all its debtsandfiliabilities, any property whatsover, the same shall not be paid to ordiétr’ibuted among the members of the said society, or any of them, but shallbe given to some other society to be determined by a Special tesolution orin default thereof by the court. ‘
27. Inspection of documents and grant of certified copies thereof:— Anyperson may inspect any documents field with the Registrar under thisAct 9n:payucnt of fee of two rupees for every inspection;and any person may obtain$1113}? or extract of any document or any part of any document, Certified bythe gegjgtrag, on payment of such fee as, may be prescribed. Such certifiedcopy» sh’a’ll' be admissible as evidence of the matters‘ therein contained in alllegal prgceedings. ' ' '
28. Terms of gift to observedz—Where a society accepts a gift of any kindfrcm any Person for a __specific purpose it shall not~ use the gift or any partthereoffcr any other purpose without ,the'wx‘itten consent of th=Registrar.The Registar shall notafigive Such consent unless he is satisfied that the purposefor which the gift was made is incapable of execution by the society.
29, jnclemnityp—SNO"shit, IifiOSECUthn or proceeding shall lie in any CivilorCriminal“ Cburt against the Registrar or against any officer appointed underseetiom22, and no suit or proceedingshall lie in any Civil Court against the StateGovernmentifor anything in good faith done or intended to be done underthis Act"of“x:ules'.' ‘ . > 7 A ‘
30. Limitatiour—(l),,(An/Zappe'al-nnder': thié‘ Arct'may be ‘filedmwithin thirtydays of. the date of the objection or Qtdpr. appealedagainst, . ‘
5(2). Theiprovisions of, section,5’a‘nd izle’ot’me Limitation Aét, 1963 (1‘10.‘36 of 1963) Ihall appiiy’ to any appeal undetthis, Act. " ‘ ‘ , t
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31. Power to make rules:—The State Government may make «rules formout the purposes of this‘ifiéf; ' - ‘ ' .
- (2) In particn‘tati and ivithbut préjuflidi t6 ‘ genetfaitit‘yfir‘rg‘if the foregoingpaler, such rules flnaysprav’ide‘teraftot afiyr‘ot ef ' ev‘vtng matters, namely:—
(a) the presentment: my apfialridx’fiietthit’dfivttnt‘fie State Govern-- meat” and the fee‘foi‘! suchappéfil; if ‘any;
._ (b): theta, if: any, to be p‘a‘id fer filing a_nfy girogurnent, Other than the ,memorandum and regulation? findEt sdb-sé‘ét‘mn (l) of section 4.
(c) the maintenance of the register of societies and other books, if any,by the Registrar;
((1) the fee to be paid for obtaining any copy or extract of anydocument certified by the Registrar;
(e) any other matter under the provisions of this Act;
Provided that all fees paid under this act shall be credited to the Codsoli-- dated Fund of the State. , 2
(3) All rules made under this Act shall as soon as may be, after they aremade, be laid before the Legislature, While it is in session, for a total periodof ngt leSS than fourteen days extending in its one session or more than onesuccessive sessions and shall unless some later date is appointed, take efl'e0t fromthe date of their publication in the Gazette, subject to such modifications orannulments as the Legislature may agree to make so, however, that any suchmodification or annulment shall be Without prejudice to the validity of anythingpreviously done thereunder. ' ~
(32) Repeal and savings :—(l; The Societies Registration Act, l860 (XXIof l860), in its application to the State of Manipur, is hereby repealed.
(2)- Any‘ society registered in any place within the 'State of Manipur,under the Societies Registration Act, 1860, shall be deemed to have been registeredunder this Act, and its principal ofiiCe shall be deemed to be the registeredomen ot' the society :
Provided that—
(a) the memorandum of association and the regulations of any such‘ society shall, if they are repugnant to any of the provisions of this‘ Act and the rules, be brought in conformity whereiith within sixmonths from the commencement of this Act or within such further' period as the Registrar may allow, and thereafter shall, to theextent of such tepngnancy, be deemedto be void and of no efl‘ect;
(b) any omee-bearer elected or appointed to an ofiee before the com-. meneement of this Act and‘ holding suchotficeimmediately before /such commencement shall continue to {10 d mmnmm ' n,”W ‘ h,“ t: 1“' ' / " A. paw, ;‘ 5g;i 'J'giun'ejfi! v: 5, 5,2 4; ~73 ;   
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'(c) " naming" in‘th‘is seams shai‘amw r - ‘*
_‘ _ (i) any right,privilege,~ obligation or liability acquiredy accrrued; on“T inclined under the Societies Registration Act, 1860 (XXI of 1860).
1 (ii) anyinvestigation,’ legal proceeding 'or remedyinirespeet of any
a such right, privilege, obligationfliability, as aforesaid; ‘
(iii) any proceedings in dissolution commenced before the coming
into force _ef this Act.
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