The Meghalaya Societies Registration Act No.12 of 1983

Meghalaya · state statute

Open in Lexace · Ask the AI about this act

MEGHALAYA ACT 12 OF 1983
THE MEGHALAYA SOCIETIES REGISTRATION ACT, 1983
(As passed by the Assembly)
[Received the assent of the President on the 8th December, 1983]
(Published in the Gazette of Meghalaya, Extraordinary, dated 16th December, 1983)
An
Act
to provide for the registration of literary, cultural, scientific charitable and other kinds of
societies and for matters connected therewith.
Be it enacted by the Legislature of Meghalaya in the Thirty-fourth Year of the Republic of
India as follows:-
Short title,
extent and
commencement.
1. (1) This Act may be called the Meghalaya Societies Registration
Act, 1983.
(2) It extends to the whole of Meghalaya.
(3) It shall come into force on such date as the State Government
may, by notifications in the officials Gazette appoint.
Definitions. 2. In this Act, unless the context otherwise requires:-
(a) “Court” means the principal civil court of original
jurisdiction of the district within which the registered
office of the society is situate.
(b) “Governing body” means the body , by whatever name
called, entrusted for the time being with the management
of a society under its regulation;
(c) “Inspector” means an Inspector appointed under Section
22;
(d) “member” when used in relation to a society means a
person who has been admitted with his consent is a
member of the society according to its regulations;
(e) “memorandum” means the memorandum of association of
the society;
(f) “officer” means member of the Governing body, the
President, the Secretary or any other office bearer and
includes also an employee of the society whose work is not
of a purely ministerial nature;
(g) “officer in default” means any officer who contravenes,
fails or refuses to comply with any requirement under this
Act or who authorises or permits such contravention,
failure or refusal;
(h) “President” means the President, the Chairman or the
formal head, by whatever name called, of a society and
includes a person who, for the time being, acts as the
formal head;
(i) “registered office” means the registered office mentioned
in the memorandum;
(j) “Registrar” it means a person appointed as Registrar under
Section 3 and includes any person empowered as such
under that section ;
(k) “regulation” means the regulation made by a society and,
in relation to a society deemed to have been registered
under sub-section (2) of Section 37 of this Act and include
its rules;
(l) “rules” mean rules made by the State Government under
Section 36;
(m) “Secretary” means the Secretary or the principal executive
officer, by whatever name called, of a society and includ es
a person who, for the time being, acts as Secretary;
(n) “Section” means a section of this Act;
(o) “Societies” mean a society registered or deemed to have
been registered under this Act;
(p) “State Government” means the Government of Meghalaya;
(q) “votes of three-fourths of the members” mean the votes of
at least three -fourths of the total membership in a society
given at any general meeting of the society including votes,
by proxy where voting by proxy is allowed under its
regulations.
Appointment of
Registrar.
3. The State Government may appoint a person to be the Registrar
of Societies for the State of Meghalaya and such Additional,
Joint Deputy or Assistant Registrars as it thinks necessary to
assist the Registrar and may, by general or special order
empower any such person with all or any of the power and
functions of the Registrar under this Act.
Societies to be formed
by memorandum of
Association and
registration.
4. (1) Any seven or more individuals associated for any of the
objects mentioned in sub -section (2) may subscribe their names
to a Memorandum of Association and file it along with a copy of
the association as society under this act.
(2) The objects referred to in sub -section (1) may relate to th e
promotion of literature, arts science, sp orts, any charitable
purpose including the care or relief of orphans, or of the aged,
sick, helpless or indigent persons, the alleviation of the suffering
of animals the diffusion of knowledge, the dissemination of
social or economic education, the establishment and maintenance
of libraries or reading -rooms, the collection and preservation of
manuscripts, paintings, sculptures works of art, antiquities,
natural history specimens mechanical and scientific instruments
designs and any other object as may be no tified by the State
Government as being beneficial to the public or to a section
thereof.
Memorandum of
Association particulars
of,
5. (1) The memorandum shall contain, amongst other things the
following particulars, namely-
(a) the name of the association;
(b) the address of the registered office of the association;
(c) the object of the association;
(d) the names of the first members of the Governing Body;
and
(e) the name of addresses and occupations of the signatories
to the memorandum.
(2) After registration a society shall not change the
memorandum except in accordance with the provisions of this
Act.

1 Subs by Amendment Act 9 of 2018 Sec 2. By Act 7 of 1990, the amount was “two hundred fifty rupees” which
was originally “One thousand Rupees”
Regulations to
accompany the
Memorandum.
6. The Registrar shall not, for registration of a society accept any
memorandum unless it is accompanied by a copy of its regulations
providing, amongst other things, for the following matters, namely:-

(a) the composition and the manner of the election or appointment and
resignation or removal and the term of office of members of the
Governing Body, the President, the Secretary and other officers;

(b) the manner of admission as member and of their resignation or
removal;

(d) the safe custody of the property of the society and in the
particular, the manner of keeping or investing any moneys of the
society;

(e) the procedure for holding meetings of the society fixing
quorums, period of notice for meetings and the manner of voting
including voting by proxy where such voting is allowed.

(f) the maintenance and audit of accounts;

(g) the inspection of accounts and of the proceedings of meeting by the
members of the society; and

(h) any other matter relating to the affairs of the society.

Registration 7. (1) The Registrar upon being satisfied that the memorandum and the
regulations comply with the requirements of this Act and the rules, and
upon payment of the fee referred to in sub -section (2), shall certify
under his hand and seal that the association is registered as a society
under this Act.

(2) There shall be paid to the Registrar for the registration of an
association under this Act, a fee of 1 “one thousand rupees”, or such
smaller sum as the State Government may, from time to time, direct.

(3) An appeal shall lie to the State Government against an order of the
Registrar refusing to certify the registration of an association as
society under this Act and the decision of the State Government on
such appeal shall be final.

Alteration of
memorandum and
regulations.
8. (1) A society shall not alter its memorandum except with the
previous permission of the Registrar in writing . The alteration should
then be approved by a majority of three-fourths of its members.
(2) Before granting permission under sub -section (1) the
Registrar shall satisfy himself that the alteration does not make
the society ineligible for registration under this Act.
(3) Subject to the provisions of this Act, the rules and the
memorandum, a society may, by the votes of three-fourths of the
members, alter its regulations.
Alterations to be filed. 9. (1) A copy of every alteration of the memorandum and of the
regulations shall be filed with the Registrar within thirty days of
such alteration.
(2) The Registrar shall, except for special reasons to be
recorded by him in writing, within thirty days from the date of
such receipt, record the alteration and send and intimation of the
fact or communicate to the society his 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 appeal shall be final.
(4) An alteration shall have effect from the date on which the
intimation referred to in sub-section (2) is received by the society
or in the event of any objection being raised by the Registrar
from the date on which the State Government allows the
alteration on appeal.
Name of a Society. 10. No society shall be registered under a name which is identical
with or too nearly resembles that of any other society or anybody
corporate which has been previously registered or deemed to be
registered under this Act or incorporated under any other law for
the time being in force.
State Government may
direct change of name.
11. (1) If a society is registered under a name or alters its name to
another which, in the opinion of the State Government, is
identical with or too nearly resembles that of any other Society
or body corporate which having been previously registered or
deemed to have been registered under this Act or incorporated
under any other law for the time being in force, continues to
exist, the State Government may, by an order direct such society
to change its name within thr ee months from the date of the
order or such longer period as it may allow.
(2) The change of name shall not effect the rights and liabilities
of a society or any legal proceedings by or against the society.
(3) In case of non -compliance with an order under sub -section
(1), every officer in default shall be punishable with fine which
may extend to twenty rupees for each day until the order is
complied with.
Amalgamation of
Societies.
12. (1) Whatever two or more societies desire to amalgamate, the
Governing Body of each society shall submit the proposal in
writing to the member thereof and such proposal shall be
considered in a general meeting of the society convened for the
purpose.
(2) No such proposal shall have any effect unless-
(a) it has been delivered or sent by registered post to the
members of each of the societies at least ten days before
the date of the meeting at which it will be considered;
(b) it has been sent to the Registrar before the meeting and
he communicates his approval thereto, w ith or without
any modifications;
(c) the proposal, with the modifications, if any , suggested
by the Registrar, is agreed to by three -fourths the
members of each of the societies concerned and
confirmed by like votes of members at the subsequent
general meeting of the amalgamated society.
(3) An appeal shall lie to the State Government against any
order of Registrar refusing to accord his approval to the proposal
or to his suggestions for any modification and the decision of the
State Government on such appeal shall be final.
(4) On the proposal being confirmed-
(a) the amalgamated society shall be registered under its
new name;
(b) the registration of the amalgamating societies shall be
cancelled; and
(c) the assets and liabilities of the amalgamating societies
shall be the assets and liabilities of the amalgamated
society.
Name of Society to be
prominently displayed,
13. (1) Every society shall-
(a) Prominently display its name outside its registered office
and any place where its business is normally carried on;
(b) have a seal with its name engraved thereon; and
(c) have its name mentioned in all documents executed in its
favour or on its behalf.
(2) For any contravention of the provisions sub -section (1) every
officer in default shall be punishable with fine which may extend
to Rupees twenty.
Registrar of members. 14. (1) Every society shall maintain at its registered office a
register of its members and shall enter therein the following
particulars, namely-
(a) the name and address of each member;
(b) the date on which the member was admitted; and
(c) the date on which a member ceases to be such.
(2) If entries are not made within fifteen days of the admission
of a member or as the case may be, cessation of membership,
every officer in default shall be punishable with fine which
may extend to Rupees twenty for each day the contravention
continues.
Books of accounts and
audit.
15. (1) Every society shall keep at its registered 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 and the object or purpose
for which such sums are expended;
(b) The assets and liabilities of the society.
(2) Every society shall have its accounts audited once a year by
duly qualified auditor and have a balance sheet prepared by
him. The auditor shall also submit a report showing the exact
state of the financial affairs of the society. Three copies of the
balance sheet and the report shall be certified by the auditor.
Explanation: - “A duty qualified auditor” means a chartered
accountant within the meaning of the chartered Accountants
Act, 1949 or a person approved by the Registrar in this behalf.
(3) For contravention of any of the provisions of this section
every officer in default shall from the date the default is
detected, be punishable with fine which may extend to Rupees
twenty for each day the default continues.
Annual general
meeting,
16. (1) Every society shall hold an annual general meeting at least
once in every year and not more than fifteen months shall
elapse between two such successive meetings.
(2) The balance -sheet and the auditor ’s report referred to in
sub-section (2) of Section 15 shall be placed at the annual
general meeting of the society.
(3) For contravention of any of the provisions of this Section
every officer in default shall be punishable with fine which
may extend to Rupees two hundred and fifty.
Annual and other
returns to be forwarded
to Registrar.
17. (1) Within thirty days after the holding of every annual general
meeting, there shall be filed with the Registrar-
(a) a list of the names, addresses and occupations of the
members of the Governing Body, the President, the
Secretary and of other office-bearers of the society;
(b) an annual report by the Governing Body on the
working of the society for the previous year; and
(c) a copy each of the balance sheet and the auditor’s
report certified by the auditor under sub -section (2) of
Section 15.
(2) The list and the annual report referred to in clauses (a)
and (b) of sub-section (1) shall be certified by the President and
the Secretary.
(3) If any change occurs in the composition of the
Governing Body or in the office of the President or the
Secretary at any time and for any reason whatsoever, the
change shall, within thirty days be notified to the Registrar.
(4) For contravention of any of the provision of this s ection
every officer in default shall be punishable with fine which
may extend to two hundred and fifty rupees.
Property of a society. 18. All property belonging to a society, if not vested in trustees,
shall vest in the Governing Body of the society out shall be
referred to as the property of the society.
Suits and proceedings
by and against a
society.
19. (1) Every society may sue or be sued in the name of the
President, the Secretary or any office -bearer authorised by the
Governing Body in this behalf.
(2) No suit or proceeding shall abate by reason of any vacancy
or change in the holder of the office of the President, the
Secretary or any office-bearer authorised under sub-section (1).
(3) Every decree or order against a society in any suit or
proceeding shall be executable against the property of the
society and not against the person or property of the President,
the Secretary or any office-bearer.
(4) Nothing in sub-section (3) shall exempt the President, the
Secretary or office –bearer of the society from any criminal
liability under this Act or entitle him to claim any contribution
from the property of the society in respect of any fine paid by
him on conviction by a criminal court.
Members liable to be
sued or prosecuted as
strangers.
20. Every member of a society may be sued or prosecuted by the
society for any loss or damage cause to the society or its
property or for anything detrimental done by him to the interest
of the society.
Power of Registrar to
call for information or
explanation.
21. (1) The Registrar may, by written order, call on a society to
furnish in writing such information or explanation within such
time, not being less than two weeks from the date of receipt of
the order by the society, as he may specify in the order in
connection with the affairs of the society or any documents
filed under this Act.
(2) On receipt by the society of an order made under sub -
section (1), it shall be the duty of the officer con cerned to
furnish such information or explanation.
(3) For failure to comply with an order under sub-section (1)
the officer in default shall be punishable with fine which may
extend to Rupees twenty for each day the failure continues.
Investigation of affairs
of a society.
22. (1) Where the State Government is , of opinion that the
business of a society is being conducted with an intent to
defraud its creditors, members or any other person or that the
society is guilty of mismanaging its affairs or of a ny fraudulent
or unlawful act, the State Government may appoint a
competent person as Inspector to investigate into the affairs of
the society or inspect any institution manage by the society and
report on such matters as the State Government may direct.
(2) It shall be the duty of every officer of the society when so
required by the Inspector to produce any books and papers of
or relating to the society which are in his custody, and
otherwise to give to the Inspector all reasonable assistance in
connection with the investigation.
(3) An Inspector may call and examine on oath any officer of
the society and it shall be the duty of every such officer to
appear before and answer all questions put forth by the
Inspector.
(4) On the conclusion of the investigation the Inspector shall
make a report to the Registrar and the latter shall send the
report to the State Government along with his comment.
(5) For failure to comply with the provisions of sub-section
(2) or sub-section (3), the officer in default shall be punishable
with fine which may extend to two hundred and fifty rupees.
(6) All expenses connected with or incidental to an
investigation by the Inspector shall be defrayed by the State
Government.
Consideration of the
report by the State
Government.
23. (1) After consideration of the report and comments of the
Registrar made under sub -section (4) of section 22 the State
Government may giver such directions as it may deem
necessary to the society for the removal of any defects or
irregularities within such time as it may specify and in case the
society fails to take action accordingly the State Government
may direct the Registrar to move the Court for dissolution of
the destroy.
(2) If it appears to the State Government that any person has,
in relation to the conduct of the business of the society, been
guilty of any offence for which he is criminality liable, the
State Government may direct the prosecution of such person in
a court of law.
Dissolution by
resolution.
24. (1) A society may be dissolved if, at a special general meeting
convened for the purpose, by the votes of three -fourths of the
members, it passes a resolution for dissolution.
(2) Where a resolution for dissolution of a society is passed
under sub -section (1), the Governing Body shall take all
necessary steps for the disposal and settlement of all claims,
assets and liabilities of the society as it may think fit subject to
the regulation of the society, if any.
(3) After all necessary steps have b een taken under sub -
section (2), Governing Body shall send a report to the Registrar
mentioning also if there are any surplus assets.
(4) The Registrar shall thereupon i ssue a notice in the
official Gazette to the effect that if no objection is received
from any claimant, creditor or member of the society shall,
subject to the provisions of Section 27, the dissolved.
(5) If no objection is received within the period stipulated in
sub-section (4) and after the surplus assets, if any, have been
disposed of as provided in Section 27, the Registrar shall make
and order confirming the dissolution of the society and
thereupon the society shall stand dissolved. The Registr ar shall
record the order of dissolution in the register -maintained in his
office.
(6) If any objection is received from any claimant or
creditor within the period of three months as aforesaid the
Registrar shall not make an order confirming the dissolution of
the society unless he is satisfied that the relevant claim or
liability has been duly settle and the surplus assets, if any, have
been disposed of as provided in Section 27.If, however, any
objection is received from any member the Registrar shall not
make an order confirming the dissolution of the Society but
shall make an application to the Court under Section 25.
(7) Where any Government has in any manner made any
contribution to the funds or assets of a society, such society
shall not be dissolved, unless the State Government has given
its assent to the dissolution.
Dissolution by Court. 25. (1) The court may, on the application of the Registrar or on the
application of not less than one -tenth of the members, make an
order for the dissolution of a society in the following cases,
namely:-
(a) if there is any contravention by the society of the
provision of this Act;
(b) if the number of members falls less than seven;
(c) if the society has ceased to function for more than three
years;
(d) if the society is unable to pay its debts or meet its
liabilities; and
(e) if it is considered proper that the society should be
dissolved.
(2) A dissolution under this section shall take place in
such manner as the court may direct.
Dissolution by the
Registrar.
26. (1) Where in opinion of the Registrar there are reasonable
grounds to believe that a society is not managing its affairs
properly or is not functioning, he shall send to the society at its
registered office a notice by registered post calling upon it to
show cause within such time as may be specified in the notice
why the society should not be dissolved.
(2) If no cause is shown of if the cause shown is considered
by the Registrar to be unsatisfactory the Registrar may move
the court under Section 25 for making an order for the
dissolution of the society.
Members not to receive
any share upon
dissolution.
27. If after the disposal and settlement of the property of a society
and its claims and liabilities, there are any surplus assets, such
assets shall not be paid to or distributed amongst the members
of the society or any of them but shall be given to some other
society to be determined-
(a) in the case of a dissolution under Section 24, by the
votes of three-fourths of the members, or in default thereof, by
the Registrar with the approval of the State Government; and
(b) In the case of a dissolution under Section 25,by the
Court.
Restriction on holding. 28. No person who is an undischarged insolvent or who has been
convicted of any offence in connection with the for mation,
promotion, management of conduct of the affairs of a society
or of a body corporate, or of any offence involving moral
turpitude, shall be entitled to be a member of the Government
Body or the President, Secretary, or any office -bearer of a
society.
Inspection of
documents and supply
of certified copies
thereof.
29. Any person may inspect any document filed with the Registrar
under this Act on payment of a fee of five rupees for every
inspection, and any person may obtain a copy or extract of any
document or part thereof certified by the Registrar on payment
of such fee as may be prescribed. Such certified copy shall be
admissible as evidence of the matters therein contained in all
legal proceedings.
Terms of gigts to be
observed.
30. (1) Where a society accepts a gift of any kind from any
person for a specific purpose it shall not use the gift or any part
thereof for any other purpose without the written consent of the
donor or if the donor is dead, without the written consent of the
Registrar. The Registrar shall not give such consent unless he
is satisfied that the purpose for which the gift was made is
incapable of execution by the society.
(2) For contravention of the provision of this section
every officer in default shall be pun ishable with fine which
may extend to rupees two hundred and fifty.
Communication with a
society.
31. All communication to a society shall be addressed by name
and sent to its registered office.
Prosecution for
offences.
32. (1) No prosecution shall be instituted for any offence under
this Act except with the previous sanction of the State
Government.
(2) Nothing in sub -section (1) shall be apply to any
prosecution mentioned in Section 20.
Indemnity. 33. No suit, prosecution or proceeding shall lie in any Civil or
Criminal Court against the Registrar or any Inspector and no
suit or proceeding shall lie any Civil Court against the State
Government for anything in good faith done or intended to be
done under this Act or the rules.
Period of limitation. 34. (1) All appeals to the State Government under this act shall
be filed within thirty days from the date of the objection or
order appealed against.
(2) The provisio ns of Section 5 and 12 of the Indian
Limitation Act, 1963, shall apply to all appeals under this Act.
Fees. 35. All fees paid under this Act shall be credited to the
Consolidated Fund of the State of Meghalaya.
Power to make rules. 36. (1) The State Government may make rules for carrying out
the purposes of this Act.
(2) In particular and without prejudice to the generality of
the foregoing power such rules may provide for all or any of
the following matters, namely-
(a) the procedure for any appeal to the State Government
under this Act and the fee for such appeal if any;
(b) the fee, if any , to be paid for filling any document
other than the memorandum and the regulation;
(c) the maintenance of the register of societies and other
books, if any, by the Registrar;
(d) the fee to be paid for any certified copy of extract of
any document;
(e) any other matter which in the opinion of the State
Government is related to the implementation of this
Act.
Repeal and Savings. 37. (1) The Societies Registration Act, 1860 in its application
to Meghalaya, is hereby repealed.
(2) Any society registered in any place within Meghalaya
under the Societies Registration Act, 1860, shall be deemed to
have been registered under th is Act, and its principal offices
shall be deemed to be the registered offices.
Provided that –

(a) the memorandum and regulations of any such society, if they
are repugnant to any of the provisions of this Act and the
rules, shall be brought in conformity within six months from
the commencement of this Act or within such further period
as the Registrar may allow, and thereafter to the extent of
such repugnancy, be deemed to be void and of no effect;

(b) any officer elected or appointed to and holding any office
immediately before the commencement of this Act shall
continue to hold such office until the expiry of his term of
office or until such office lawfully terminated;

(c) nothing in this section shall effect any right, privilege,
obligation, liability or punishment under the Societies
Registration Act, 1860 and any investigation, r emedy or
proceedings, including proceedings for dissolution
commenced before the coming into force of this Act, may be
continued or enforced as if this Act, may be continued or
enforced as if this Act had not been passed.

THE UNDERLINED TEXT INDICATES T HE INSERTION/SUBSTITUTION OF THE
SUBSEQUENT AMENDMENTS TO THE MEGHALAYA SOCIETIES REGISTRATION ACT,
1983 (ACT NO. 12 OF 1983), AMENDED AND UPDATED UPTO THE YEAR - ACT 7 OF 1990,
ACT 9 OF 2018.

‹ Prev All Meghalaya acts Next ›