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The Telangana Societies Registration Act, 2001.

Telangana · state statute
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THE TELANGANA SOCIETIES REGISTRATION ACT, 2001. 
(ACT NO. 35 OF 2001) 
ARRANGEMENT OF SECTIONS 
Sections 
 CHAPTER - I 
PRELIMINARY 
1. Short title, extent and commencement. 
2. Definitions. 
 CHAPTER - II 
REGISTRATION OF SOCIETIES 
3. Societies which may be registered under this Act. 
4. Memorandum of Association of society and Bye-laws 
to be filed with Registrar. 
5. Contents of bye-laws of societies. 
6. Societies not to be registered with undesirable names. 
7. Registration of Societies. 
8. Amendment of memorandum and Bye-laws. 
9. Filing of annual list. 
 CHAPTER - III 
MANAGEMENT AND ADMINISTRATION 
10. Registered Office of Society. 
11. Register of Members. 
12. Accounts and Records. 
13. Inspection of Register of Members of a Society. 
14. Committee of the Society. 
15. Disqualification of members of the Committee. 
2  [Act No. 35 of 2001] 
16. Supply of copies of Bye-laws. 
17. Supply of copies of balance sheet etc. 
18. Society to be a body corporate. 
19. Legal Proceedings. 
20. Meetings. 
21. Amalgamation and division of Societies. 
22. Register of mortgages and charges. 
 CHAPTER - IV 
DISPUTES, DISSOLUTION AND WINDINGUP 
23. Dispute regarding management. 
24. Dissolution of Society and adjustment of its affairs. 
25. Property of dissolved society. 
26. Liquidators to make an account after winding up of a 
society. 
27. Enforcement of orders. 
 CHAPTER - V 
MISCELLANEOUS 
28. Societies financed by the Government. 
29. Fees to be fixed by the Government. 
30. Superintendence and control over Registrars. 
31. Power to remove difficulties. 
32. Repeals and savings. 
 
THE TELANGANA SOCIETIES REGISTRATION ACT, 2001.1 
 
ACT No.35 OF 2001. 
 
CHAPTER - I 
PRELIMINARY 
 
1. (1) This Act may be called the 2Telangana Societies 
Registration Act, 2001. 
 
 (2) It extends to the whole of the State of 2Telangana. 
 
 (3) It shall come into force on such date as the 
Government may, by notification, in the 2Telangana Gazette, 
appoint. 
 
2. In this Act, unless the context otherwise requires,- 
 
 (a) „Alter‟ and „alteration‟ shall include the making of 
additions and supplying of omissions; 
 
 (b) „Bye-laws‟ means the bye-laws of a society; 
 
 (c) „Committee‟ means the executive committee 
appointed under section 14 or any person or body of 
persons to whom the management of the affairs of a society 
is entrusted by its bye-laws; 
 
                                                           
1. The Andhra Pradesh Societies Registration Act, 2001 received the 
assent of the Governor on the 9 th October, 2001. The said Act in force in 
the combined State, as on 02.06.2014, has been adapted to the State of 
Telangana, under section 101 of the Andhra Pradesh Reorganisation 
Act, 2014 (Central Act 6 of 2014) vide. t he Notification issued in 
G.O.Ms.No.20, Revenue (Regn - II) Department, dated 18.08.2014. 
2. Substituted by G.O.Ms.No.20, Revenue (Regn - II) Department, dated 
18.08.2014. 
Short title, extent 
and 
commencement. 
Definitions. 
2  [Act No.35 of 2001] 
 (d) „Court‟ means in the cities of Hyderaba d and 
Secunderabad, the City Civil Court, and elsewhere, the 
Principal Civil Court of original jurisdiction; 
 
 (e) „Document‟ includes summons, notice, requisition, 
order, or other legal process, and registers, whether issued, 
sent or kept in pursuance of the provisions of this Act or of 
any other laws or otherwise; 
 
 (f) „Financial Year‟ means the period of twelve months 
for which the accounts of a society are required to be made 
up by the bye -laws and if the bye -laws do not so provide, 
the period of twelve months ending with the 31st March  of 
each year; 
 
 (g) „Government‟ means the State Government of 
3Telangana; 
 
 (h) „Member‟ means a person, individual or body 
corporate, who/which, having been admitted to membership 
in any society has not resigned or ceased to be a member, 
or been removed from membership, in accordance with the 
bye-laws of that society; 
 
 (i) „Memorandum‟ means the memorandum of 
association of a society as originally framed or as altered, 
from time to time, in pursuance of the provisions of this Act 
or the Societies Regist ration Act, 1860 or the 4Andhra 
Pradesh (Telangana Area) Public Societies Regist ration Act, 
1350 Fasli as the case may be; 
 
 (j) „Notification‟ means a notification published in the  
3Telangana Gazette and the word notified shall be construed 
accordingly; 
                                                           
3. Substituted by G.O.Ms.No.20, Revenue (Regn - II) Department, dated 
18.08.2014. 
4. Repealed in this Act. 
Central Act 21 of 1860. 
 
Act I of 1350 F. 
[Act No.35 of 2001]  3 
 (k) „Officer‟ includes any director, manager, treasurer, 
trustee, secretary, member of the Commi ttee, or any person 
appointed by a society to sue and be sued on its behalf and 
any other person empowered under the rules or the bye -
laws to give directions in regard to the business of a society; 
 
 (l) „Registrar‟ means an officer of the Registration 
Department, not below the rank of Sub -Registrar as may be 
specifically empowered by the Government to exercise the 
powers of a Registrar under this Act; 
 
 (m) „Registrar General‟ means the Inspector General of 
Registration, appointed by the Government under section 3 
of the Registration Act, 1908; 
 
 (n) „Society‟ means a society registered or deemed to 
be registered under this Act; and 
 
 (o) „Special Resolution‟ means resolution passed by a 
majority of the tot al members of the society and not less 
than three -fifths of the members present and voting in a 
meeting, of which not less than fourteen clear days notice, 
exclusive of the date of despatch of the  notice and the date 
of meeting, specifying the intention to propose the 
resolution as special resolution, has been duly given. 
 
CHAPTER - II 
REGISTRATION OF SOCIETIES 
 
3. (1) Any seven or more persons forming a society which 
has for its object the promotion of art, fine art, charity, crafts, 
religion, sports (excluding games of chance), literature, 
culture, science, political education, philosophy or diffusion 
of any knowledge or any public purpose may be registered 
under this Act. 
 
Societies which 
may be registered 
under this Act. 
Central Act 16 of 1908. 
4  [Act No.35 of 2001] 
 (2) No society of which a firm, whether registered or 
not or an unincorporated association of individuals is a 
member shall be registered under this Act. 
 
 (3) Nothing contained in sub -section (2) shall preclude 
the registration under this Act of a society on the ground 
that a partner as defined in section 4 of the Indian 
Partnership Act, 1932, or a member of an unincorporated 
Association of individuals is,  in his individual capacity,  a 
member of the society. 
 
4. (1) For  the purposes of registration of a society there 
shall be filed with the Registrar of the district in which the 
registered office of the society is to be situated,- 
 
  (a) a memorandum of association of the society 
which shall state,- 
 
   (i) the name of the society; 
 
   (ii) the aims and objects of the society; 
 
   (iii) the names, addresses and occupations of the 
members of the committee; and 
 
  (b) the bye-laws of the society. 
 
 (2) The memorandum of association shall be signed by 
atleast seven members w ho are majors and who shall add 
their addresses, description and occupation , if any, in the 
presence of atleast two witnesses who shall also be majors 
and who shall attest with their signatures and add their 
addresses, description and occupation, if any and the bye -
laws shall be signed by the signatories to the memorandum 
of association. 
 
Memorandum of 
Association of 
society and Bye-
laws to be filed 
with Registrar. 
Central Act 9 of 1932. 
[Act No.35 of 2001]  5 
5. The bye -laws of a society shall contain provisions in 
respect of following matters:- 
 
 (i) identity of the society which includes name and 
address particulars of the society; 
 
 (ii) activities of the society; 
 
 (iii) members hip of the society i.e., eligibi lity, 
admission, withdrawal and termination etc.; 
 
 (iv) General body which contains the manner of 
meetings to be held or convened, quorum, func tions and 
responsibilities etc.; 
 
 (v) office bearers and their appointment/election/ 
removal/recall and their responsibilities etc.; 
 
 (vi) finances which includes types of funds to be raised, 
appointment of au ditors, liability of membe rs, for discharge 
of debts etc.; and 
 
 (vii) other matters which covers the internal matters of 
settlement of internal disputes, dissolution of the society etc. 
 
6. (1) No society shall be registered by a name which 
contravenes the provisions of the Emblems and Names 
(Prevention of the Improper use) Act, 1950. 
 
 (2) (a) No society shall be registered in a District by a 
name, which is identical with th at of another registered 
society in existence in the same District or so nearly 
resembling it so as to mislead except where the registered 
society in existence is in the course of being dissolved and 
signifies in writing its consent to such registration. 
 
Contents of bye-
laws of societies. 
Societies not to 
be registered with 
undesirable 
names. 
Central Act 12 of 1950. 
6  [Act No.35 of 2001] 
  (b) Except with the previous sanction in writing of the 
Government, no society shall be registered by a name 
which contains any of the following words, namely:- 
 
   (i) “Co-operative” or “Land Development”; 
 
   (ii) “Reserve Bank”; 
 
   (iii) “Union” or “State” or any word expressing or 
implying the sanction, approval or patronage of the Central 
Government or any State Government; and 
 
   (iv) “Municipal” or “Chartered” or any word which 
suggests or is calculated to suggest connection with any 
municipality or other local authority: 
 
   Provided that nothing in this section shall apply to 
the societies registered before the date of commencement 
of this Act. 
 
 (3) A society may, by a special resolution change it s 
name, with a previous intimation to the Registrar in writing. 
 
 (4) The change  of name shall not affect any right or 
obligation of the society or any member thereof or render 
defective any action or other legal proceedings by or 
against it and any of the members, and any action or other 
legal proceedi ngs which might have been continued or 
commenced by or against the society by its former name 
may be continued or commenced by or against the society 
by its new name. 
 
7. (1) Where a society has complied with the provisions of 
this Act as to registration and on payment of such fees as 
may be notified under section 29, the Registrar shall issue to 
that society a certificate of registration and such certificate 
Registration of 
Societies. 
[Act No.35 of 2001]  7 
shall be conclusive evidence that the society therein 
mentioned is duly registered. 
 
 (2) The Registrar shall, after the issue of a certificate of 
registration to a society enter in a register which may 
include a register maintained through an electronic device 
like computer, the particulars specified in the memorandum, 
of that society filed and such other particulars as may be 
notified. 
 
 (3) If the Registrar refuses to register a society,  an 
appeal shall lie to the Registrar General within sixty  days 
from the date of communication of the order of the Registrar 
refusing to register the society. Every such appeal shall be 
accompanied by a fee as may be notified by the 
Government from time to time. 
 
 (4) If an application for registration of a society is 
presented before the Registrar complying with all the 
provisions of this Act is not disposed off within sixty days , 
the society is deemed to have been registered and the 
Registrar shall issue a certificate to that effect. 
 
8. (1) By a “Special Resolution ” a society may alter th e 
provisions of the memorandum with respect to,- 
 
  (a) change of objectives of the society; 
 
  (b) to amalgamate itself with any other society; or 
 
  (c) to divide itself into two or more societies. 
 
 (2) Subjec t to the provisions of this Act  and the 
conditions contained in its memorandum, a society may, by 
an ordinary resolu tion passed by not less than 1/2  (half) of 
the members present and voting alter its bye-laws. 
 
Amendment of 
memorandum 
and Bye-laws. 
8  [Act No.35 of 2001] 
 (3) Any alteration of the memorandum of the society 
shall not be valid unless such alteration is registered under 
this Act. 
 
 (4) If any alteration of the memorandum is filed with the 
Registrar and if they are not contrary to the provisions of this 
Act, he shall register the same and shall certify the 
registration of such alteration under his hand and seal within 
thirty days from the date of receipt of the resolution. The 
certificate shall be conclusive evidence that all the 
requirements of this Act with respect to the alteration and 
the certification thereof have been complied with and 
henceforth the memorandum as so altered shall be the 
memorandum of the society. 
 
 (5) Every alteration in the bye -laws of the society 
should be sent to the Registrar and he shall take it on record 
if it is not contrary to the provisions of this Act. 
 
9. Every year the society shall, within fifteen days from the 
date on which the General Body meeting was held furnish a 
list to the Registrar of Societies which shall contain the 
names and addresses of the members of the Managing 
Committee and Officers entrusted with the management of 
the affairs of the Society. 
 
CHAPTER - III 
MANAGEMENT AND ADMINISTRATION 
 
10. (1) A society shall, as from the day on which it begins 
functioning or as from the twenty-eighth day after the date of 
its registration whichever is earlier have a registered office at 
any place in the district in which it is registered and to which 
all communications and notices may be addressed. Notice 
of the location of the registered  office and of every change 
therein shall be given within twenty -eight days after the date 
of its registration or after the date of the change, as the case 
Filing of annual 
list. 
Registered Office 
of Society. 
[Act No.35 of 2001]  9 
may be, to the Registrar, who shall record the same in the 
certificate of registration. 
 
 (2) Any change of its registered office to a place 
outside the District in which it is registered, shall be 
intimated to the Registrars of both the Districts. 
 
 (3) Every society shall display its name outside its 
office premises in a conspicuous position in legib le 
characters of the language in general use in that place. 
 
 (4) Every society shall have its name engraved in 
legible characters on its seal. 
 
11. Every society shall keep a register of members and 
enter therein the following particulars, namely:- 
 
 (a) the name and address and the occupation, if any of 
each member; 
 
 (b) the date on which the name of each person was 
entered in the register as member; 
 
 (c) the date on which any person ceased to be a 
member; and 
 
 (d) the specimen signatures of the members. 
 
12. Every society shall keep at its office, the following 
accounts, records and documents, namely:- 
 
 (a) a copy of this Act with upto date amendments 
incorporated; 
 
 (b) a copy of its regis tered memorandum a long with 
upto date bye -laws wit h amendments made from time to 
time; 
Register of 
Members. 
Accounts and 
Records. 
10  [Act No.35 of 2001] 
 (c) the minutes book; 
 
 (d) accounts of all sums of money received and 
expended by the society and their respective purposes; 
 
 (e) accounts of all purchases and sales of goods by 
the society; 
 
 (f) accounts of all assets and liabilities of the society; 
 
 (g) an upto date register and a list of all members with 
voting rights for the current year prepared within thirty days 
of closure of the society‟s financial year; 
 
 (h) c opies of the audit reports and if any, and 
compliance reports thereon; and 
 
 (i) all such other accounts, records and documents as 
may be required by this Act. 
 
13. The Register of members shall be kept open during the 
business hours subject to such reasonable restrictions as 
the bye-laws of the society may specify. 
 
14. (1) Every society shall elect a Committee, consisting of 
not less than three members of the society, by a resolution 
passed by a majority of the members present and entitled to 
vote at an annual general body meeting of the society held 
under section 20. 
 
 (2) The term of the Committee or of its members so 
elected shall be a period not exceeding six years as ma y be 
specified in the bye-laws: 
 
 Provided that a member who has completed a term as 
an elected member is eligible for re -election as a member of 
Committee, if the bye-laws so permit. 
Inspection of 
Register of 
Members of a 
Society. 
Committee of the 
Society. 
[Act No.35 of 2001]  11 
 (3) Every society shall maintain a register showing the 
names, addresses and occupations of the persons, who are 
members of the Committee and shall file with the Registrar,- 
 
  (i) a copy of the register within a period of fourteen 
days from the date of election of the members of the first 
Committee; and 
 
  (ii) a  notice of every ch ange in the members of the 
Committee within a period of fourteen days from the date of 
such change. 
 
15. A person shall be disqualified for appointment as a 
member of the Committee of a so ciety under this Act if, on 
the date of such appointment, he is,- 
 
 (a) not a major; 
 
 (b) of unsound mind and stands so declared by a 
competent court; 
 
 (c) an applicant to be adjudicated as an insolvent or is 
an undischarged insolvent; 
 
 (d) convicted of an offence involving moral turpitude or 
sentenced by a criminal court to a fine of not less than 
rupees one thousand or to imprisonment for a period of not 
less than six months; and 
 
 (e) disqualified for such  appointment by an order of a 
court. 
 
16. Every society shall, deliver a copy of its Bye -laws, to 
each member of the society at the time of admission. 
 
17. Every society shall supply to every member a copy of 
the balance sheet or a statement of accounts together with 
Disqualification of 
members of the 
Committee. 
Supply of copies 
of Bye-laws. 
Supply of copies 
of balance sheet 
etc. 
12  [Act No.35 of 2001] 
the auditor‟s report at its annual general body meeting, if not 
supplied in advance. 
 
18. The registration of  a society shall render it a  body 
corporate by the name under which it is registered having 
perpetual succession and a common seal. The society shall 
be entitled to acquire, hold and dispose of property, to enter 
into contracts, to institute and defend sui ts and other legal 
proceedings and to do all other things necessary for the 
furtherance of the aim for which it was constituted. 
 
19. (1) The Committee or any officer of the society 
authorised in this behalf by its bye -laws, may bring or 
defend any action or other legal proceeding touching or 
concerning any property or any right or claim of the society 
and may sue and be sued in its name. 
 
 (2) Any action or legal proceeding shall not abate or be 
discontinued by the death, resignation or removal from 
office of any member of the society after the 
commencement of the proceeding. 
 
20. (1) The bye -laws of the society shall specify the 
frequency and the manner in which the meetings of the 
Committee and General Body shall be held, so however that 
the Commi ttee shall meet atleast once in every three 
months and the General Body shall meet atleast once in a 
year. 
 
 (2) The Commi ttee shall convene a General Body 
meeting within thirty days of  receipt of a requisition for 
convening a meeting signed by atleast one third of the 
members of the society or as provided in the bye -laws and 
any such requisition shall contain the proposed agenda and 
the reasons for such meeting. 
 
Society to be a 
body corporate. 
Legal 
Proceedings. 
Meetings. 
[Act No.35 of 2001]  13 
 (3) Every society shal l record in the minutes book, the 
minutes of all proceedings of every General Body meeting 
and also every meeting of its Committee. 
 
 (4) Such minutes shall be communicated to all the 
members invited for the meeting within thirty days of the 
conclusion of the meeting. 
 
 (5) the minutes so recorded shall be signed by the 
person who chaired the said meeting. 
 
21. (1) Any two or more societies may, by a special 
resolution of both or all such societies, and confirmed b y a 
like resolution at a second meeting of both or all such 
societies, convened after an int erval of one month after the 
first meet ing, get amalgamated into one society with or 
without any dissolution or division of the funds of any of the 
societies with intimation to the Registrar. 
 
 (2) Any society may, by a special resolution, divide 
itself into two or more societies. Such resolution shall 
contain proposals for the division of the assets and liabilities 
of the society among the new societies into which i t is 
proposed to divide itself and may specify the area of 
operation of and the members, who will constitute each of 
the new societies. 
 
 (3) An amalgamation or division in pursuance of this 
section shall not prejudice any right of a creditor of any 
society which was a party to such amalgamation or division. 
 
22. (1) Every society shall keep at its registered office, a 
register of mortgages and charges and enter therein all 
mortgages or charges affecting the property of  the society 
and such other particulars of the mortgages or charges as 
may be specified in the bye-laws. 
 
Amalgamation 
and division of 
Societies. 
Register of 
mortgages and 
charges. 
14  [Act No.35 of 2001] 
 (2) The register of mortga ges and charges kept in 
pursuance of sub -section (1) and copies of instruments 
creating mortgages or charges shall, subject  to such 
reasonable restrictions as the society may impose, be kept 
at the registered office of the society and be open during 
business hours to the inspection of any member or creditor 
of the society without payment of any fee therefor. 
 
CHAPTER - IV 
DISPUTES, DISSOLUTION AND WINDINGUP 
 
23. In the event of any dispute arising among the 
Committee or the members of the society, in respect of any 
matter relating to the affairs of the society, any member of 
the society may proceed with the dispute under the 
provisions of the Arbitration and Conciliation Act , 1996, or 
may file an application in the District Court concerned and 
the said court shall after necessary inquiry pass such order 
as it may deem fit. 
 
24. (1) A society may, by passing a special resolution, 
determine that it shall be dissolved of and thereupon, with 
prior intimation to the Registrar, it shall be dissolved at the 
time specified in the resolution and all the necessary steps 
shall be taken for the disposal and settlement of the 
property of the society, and its claims and liabilities 
according to the bye -laws, if any, of the society, and if there 
are no bye -laws to this ef fect in the manner as the General 
Body may find it expedient: 
 
 Provided that in the event of any dispute arising among 
the members of the Committee or the members of the 
society, the adjustment of its affairs shall be referred to the 
court and the court s hall make such order in the matter 
including appointment of liquidator as it deems fit: 
 
Dispute regarding 
management. 
Dissolution of 
Society and 
adjustment of its 
affairs. 
Central Act 26 of 1996. 
[Act No.35 of 2001]  15 
 Provided further that if the Central Government or any 
State Government is a member of, or a contributory to any 
society registered under this Act, such society shall  not be 
dissolved without the consent of the Government 
concerned. 
 
 (2) A society dissolved under this section shall file with 
the Registrar a full report showing as to how the property 
has been disposed of. 
 
25. If upon the dissolution of any society, there remains, 
after the satisfaction of all its debts and liabilities, any 
property, the same shall not be delivered to or distributed 
among the members of the said society or any of them, but 
shall be delivered to some oth er society, with a similar 
objective to be named by a special resolution, or in default 
thereof, by the court: 
 
 Provided that this section shall not apply to any society 
which is founded or established by the contribution of 
shareholders in the nature of a Company. 
 
26. (1) As soon as the affairs of a society are fully wound 
up, the liquidator shall make an account of the winding up 
showing how the winding up has been conducted and the 
property of the society has been disposed of and call a 
general body meeting of the society for the purpose of 
placing before it the account and giving any  explanation in 
respect thereof. 
 
 (2) Within one week after the meeting convened under 
sub-section (1), th e liquidator shall send to the Registrar, a 
copy of the account and shall make a return to him of the 
holding of the meeting and of its date. 
 
 
Property of 
dissolved society. 
Liquidators to 
make an account 
after winding up 
of a society. 
16  [Act No.35 of 2001] 
27. Orders made under section 24 shall, on application, be 
enforced as follows:- 
 
 (a) when made by a liquidator, by any civil court having 
local jurisdiction in the same manner  as a decree of such 
court; and 
 
 (b) when made by the court on appeal, in the same 
manner as a decree of that court. 
 
CHAPTER - V 
MISCELLANEOUS 
 
28. Where a Government is a member or is wholly or 
substantially financing a society it may place such terms 
and conditions on the society as are mutually agreed upon 
or through specific public policy notifie d by the Government 
for this purpose. 
 
29. (1) The Government shall , from time to time, prepare a 
table of fees payable,- 
 
  (a) for registration of Societies which may include 
Mahila Mandals and Youth Associations; 
 
  (b) for filing or recording or registering any document 
required by this Act to be filed or recorded; 
 
  (c) for inspection of documents in the custody of the 
Registrar; 
 
  (d) for making or granting copies of reasons, entries 
or documents, before or after registration; and 
 
  (e) for such other matters appear to the Government 
necessary to give effect to the purposes of this Act. 
 
Enforcement of 
orders. 
Societies financed 
by the 
Government. 
Fees to be fixed 
by the 
Government. 
[Act No.35 of 2001]  17 
 (2) The table of fees so prepared shall be notified. 
 
 (3) All fees, charges and other sums paid to the 
Registrar or any officer of t he Government in pursuance of 
this Act, shall be credited to the Government. 
 
30. The Registrar General shall have superintendence and 
control over all other Registrars functioning under this Act. 
 
31. If any difficul ty arises in giving effect to the provisions 
of this Act, in the first five years from the date of 
commencement of this Act, the Government after previous 
publication, by order make  such provisions not inconsistent 
with the purposes of this Act, as appear to them to be 
necessary or expedient for removing of the difficulty. 
 
32. (1) The Societies Registration Act, 1860, in its 
application to the A ndhra area of the State of Andh ra 
Pradesh and the Andhra Pradesh (Tela ngana Area) Public 
Societies Registration Act, 1350 F are hereby repealed. 
 
 (2) Notwithstanding such repeal, anything done or any 
action taken under the said Acts (including any order, rule, 
form, regulation, certificate or bye -laws) in the exercise of 
any power conferred by or under the said Acts shall be 
deemed to have been done or taken in the exercise of the 
powers conferred by or under this Act as if this Act was in 
force on the date on which such a thing was done or action 
taken. 
 
* * * 
Superintendence 
and control over 
Registrars. 
Power to remove 
difficulties. 
Repeals and 
savings. 
Central Act 21 of 1860. 
 
Act 1 of 1350F. 

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