The Telangana Societies Registration Act, 2001.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE 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.
Lex