Keywords : Society, Registration
1The RAJASTHAN SOCIETIES REGISTRATION ACT, 1958
(Act No. 28 of 1958)
Received the assent of the Governor on the 23rd day of June, 1958
An Act to provide for the registration of literacy, scientific, charitable
and certain other societies in the State of Rajasthan.
Where as it is expedient to consolidate and amend the law for improving
the legal condition of societies established for the promotion of literature,
science or the fine arts or for the diffusion of useful knowledge or for the
diffusion of political education or for the charitable purposes.
Be it enacted by the Rajasthan State Legislature in the Ninth Year of the
Republic of India as follows: –
- Short title, extent and commencement: -(1) This Act may be called the
Rajasthan Societies Registration Act, 1958.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force on such date3
as the State Government may, by
notification in the Official Gazette, appoint.
1-A. Interpretation :- (1) In this Act, unless the subject or context otherwise
require, –
(i) ‘Registrar’ means the Registrar of Co-operative Societies for the state:
Provided that the State Government may, by notification in the Official
Gazette, appoint any other person or officer, by name or by virtue of his
office, to be the Registrar for the purposes of this Act, and in such case
the person or officer so appointed shall be the Registrar for such
purposes, and
(ii)’State’ or ‘State of Rajasthan’ means the State of Rajasthan as formed by
section 10 of the States Reorganisation Act, 1956 ( Central Act 37 of 1956).
(2) The Provisions of the Rajasthan General Clauses Act, 1955 (Rajasthan
Act 8 of 1955) shall, as far as may be, apply mutatis mutandis to this Act.
1-B. Societies formed by memorandum of association and registration: – Any
seven or more persons associated for any literary, scientific or charitable
1
Published in the Rajasthan Gazette, Extraordinary, Part IV (Ka), dated 7.7.1958
3 Enforced on 1.4.1959, Vide Noti. No. F. 11(12), Ind. (A)/56, dt. 27.2.1959, Published in the Raj Gazette Part
IV C dt. 12.3.1959.
purposes or for any such purpose as is described in section 20 may, by
subscribing their names to a memorandum of association and filing the same
with the Registrar, form themselves into a society under this Act.
- Contents of memorandum of association: – (1) The memorandum of
association shall contain the following things, that is to say-
(a) the name of the society;
(b) the objects of the society;
(c) the names, addresses and occupations of the governors, directors,
trustees or members (by whatever name they are designated) of the
council, committee or other governing body to which, by the rules
and regulations of the society, the management of its affairs is
entrusted.
(2) A copy of the rules and regulations of the society, certified to be a
correct copy by not less than three of the governors, directors, trustees or
members of the governing body, shall be filed with the memorandum of
association. - Registration and fees: – (1) Upon such memorandum and certified
copy being filed, the Registrar shall certify under his hand that the society
is registered under this Act.
1
[(2) There shall be paid to the Registrar for every such registration, such
fee as the State Government may, from time to time, direct, and all fees
so paid shall be accounted for to the State Government.] - Annual list to be filed: – Once in every year, on or before the
fourteenth day succeeding the day on which, according to the rules and
regulations of the society, the annual general meeting of the society is
held, or, if the rules and regulation do not provide for an annual general
meeting, in the month of January, a list shall be filed with the Registrar of
the names, addresses and occupations of the governors, director, trustees
or members of the council, committee or other governing body then
entrusted with the management of the affairs of the society.
4-A Changes in governing body and rules to be filed: – (1) Together
with the list mentioned in section 4 there shall be sent to the Registrar a
statement showing all changes during the year to which the list rejates in
the personnel of the governors, directors, trustees or members of the
council, committee or other governing body to which the management of
1
Substituted by Raj., Act No. 28 of 1992 w.e.f. 11.11.1992.
the affairs of the society is entrusted and also a copy of the rules and
regulations of the society corrected up to date and certified to be a correct
copy by not less than three of the governors, directors, trustees or
members of the governing body.
(2) A copy of every alteration made in the rules and regulations of the
society, certified to be a correct copy in the manner aforesaid, shall be
sent to the Registrar within fifteen days of the making of such alteration.
4-B. Penalty of non-compliance of section 4 or section 4-A or for
making a false entry: – (1) If the chairman, secretary or any other person
authorised in this behalf by the rules and regulations of the society or by a
resolution of the governing body of the society fails to comply with the
provisions of section 4 or section 4-A, he shall, on conviction, be
punishable with fine which may extend to five hundred rupees and , in
case of a continuing breach, with a further fine not exceeding fifty rupees
for each day during which the defaults ins continued after the first
conviction for such offence.
(2) If any person wilfully makes or causes to be made nay false entry in,
or any omission form the list filed under section 4 or any statement or
copy of rules and regulations or of alterations therein sent to the Registrar
under section 4-A, he shall, on conviction, be punishable with fine which
may extend to two thousand rupees.
4-C. Cognizance of offences under section 4-B: – No Court inferior to
that of a Magistrate of the first class shall try any offence under section 4-
B nor shall cognizance of any such offence be taken except on a
complaint made in writing by the Registrar or any person authorised by
him in this behalf.
- Property of society in whom vested: – (1) The property, movable and
immovable, belonging to or held or acquired by a society registered under
this Act, if not vested in trustees in trust for such society, shall be deemed
to be so vested for the tome being in the governing body of such society,
and in all proceedings, civil and criminal, may be described as the
property of the governing body of such society.
(2) Where any such property is vested or is to become vested in trustees
in trust for any society registered under this Act and any new trustees
have been appointed under and in accordance with section 5-A, the
property shall, notwithstanding anything contained in any instrument or
in the rules and regulations of the society, become vested without any
conveyance or other assurance, in such new trustees and the continuing
old trustees jointly or if, there are no old continuing trustees, in such new
trustees wholly upon the same trusts, and with and subject to the same
powers and provisions, as it was vested in the old trustees.
5-A. Appointment of new trustees: – (1) When it becomes necessary to
appoint a new trustee or trustees in the place of or in addition to any
trustee or trustees in whom any property belonging to or held or acquired
by a society registered under this Act is vested in trust for such society,
such society, such new trustee or trustees may be appointed-
(a) in the manner prescribed by any instrument by which such property is
vested or by which the trust on which it is held has been declared, or
(b)in case such manner has not been so prescribed or such new trustee
cannot, for any reason e appointed in such manner,
(i) in such manner as may be agreed upon by the members of such
society, or
(ii) by a majority of not less than two-thirds of such members actually
present at the meeting at which the appointment is made.
(2) Every appointment of a new trustee made under sub-section (1) shall
be made to appear by a memorandum under the hand of the chairman for
the time being of the meeting at which such appointment is made, attested
by two or more credible witnesses in the presence of such meeting, and
such memorandum shall be deemed to be a document compulsorily
registerable under the Indian Registration Act, 1908 (Central Act XVI of
1908). - Suits by and against societies: – Every society registered under this
Act may sue or be sued in such name as shall be determined by the rules
and regulations of the society and, in default of such determination, in the
name of the chairman or the secretary or trustees thereof. - Suits not to abate: – No suit or proceeding in any Civil Court shall
abate or discontinue by reason of the person by or against whom such suit
or proceeding shall have been brought or continued dying or ceasing to
fill the character in the name whereof he shall have sued ore been sued
but the same suit or proceeding shall be continued in the name of a
against the successors of such person. - Enforcement of judgment against society: – (1) If a judgment shall
be recovered against a person or officer on behalf of the society, such
judgment shall not be put in force against the property movable or
immovable , or against the body of such person or officer but against the
property of the society.
(2) The application for execution shall set forth the judgment, the fact of
the party against whom it shall have been recovered having sued or
having been sued, as the case may be, on behalf of the society only and
shall require to have the judgment enforced against the property of the
society. - Recovery of penalty accruing under bye-laws: – Whenever, by any
bye-laws duly made in accordance with the rules and regulations of the
society or, if the rules or regulations do not provide for the making of
bye-laws by any bye-laws made at a general meeting of the members of
the society convened for the purpose by a majority of not less than threefifth of the members of the society actually present at such meeting, any
pecuniary penalty is imposed for the breach of any rule, regulation or
bye-law of the society, such penalty, when accrued, may be recovered in
any court having jurisdiction in the place where the defendant shall reside
or the society shall be situate, as the governing body of the society shall
deem expedient. - Members liable to be sued as strangers: – (1) Any member of a
society registered under this Act, who may be in arrear of a subscription
which, according to the rules and regulations of the society, he bound to
pay or who shall possess himself of or detain any property of the society
in a manner or for a time contrary to such rules and regulations or shall
injure or destroy any property of the society, may be sued for such arrears
or for the damage accruing from such possession, detention, injury or
destruction of the property in the manner herein before provided.
(2) If in any suit or proceeding brought under sub-section (1) at the
instance of the society the defendant shall be successful and shall be
adjudged to recover his costs, he may elect to proceed to recover the same
form the officer in whose name the suit or other proceeding shall be
brought or from the society, and in the latter case, shall have process
against the property of the said society in the manner above described. - Members guilty of offences punishable as strangers: – Any
member of a society registered under this Act, who shall steal, purloin or
embezzle any money or other property or wilfully and maliciously
destroy or injure nay property of such society or shall forge any deed,
bond, security for money, receipt or other instrument whereby the funds
of the society may7 be exposed to loss shall be subject to the same
prosecution, and if convicted, shall be liable to be punished in like
manner, as any person not a member of the society would be subject and
liable to in respect of the like offence. - Societies enable to alter, extend, or abridge purposes or to
amalgamate: – (1) Whenever it shall appear to the governing body of any
society registered under this Act, which has been established for any
particular purpose or purposes, that it is advisable to alter, extend or
abridge such purpose or purposes to or for other purpose or purposes
within the meaning of this Act or to amalgamate such society either
wholly or partially with any other society, such governing body may
submit the proposition to the members of the society in a written or
printed report and may convene a special general meeting for the
consideration thereof according to the rules and regulations of the society.
(2) No such proposition shall be carried into effect unless such report
shall have been delivered or sent by post to every member of the society
ten days previous to the special general meeting convened by the
governing body for the consideration thereof nor unless such proposition
shall have been agreed to by the votes of two-thirds of the members
delivered in person or by proxy and confirmed by the votes of two-third
of the members present at a second special meeting convened by the
governing body at an interval of one month after the former meeting.
12-A. Change of name of societies: – Any society registered under this
act may, with the consent of not less than two-thirds of its members by a
resolution passed at a special general meeting convened for the purpose
in according with the rules and regulations of the society and subject to
the provisions of section 12-B, change its name.
12-B. Notice of change of name- (1) Notice in writing of every change
in name signed by the secretary and by seven members of the society
changing its name shall be sent to the Registrar, within fifteen days of the
passing of the resolution under section 12-A.
(2) The Registrar, shall, if he is satisfied that the provisions of this Act in
respect of change of name have been complied with, register the change
of name and issue a certificate of registration altered to meet the
circumstances of the case.
(3) The change of name shall be complete on the issue of a certificate
under sub-section (2) and shall have effect from the date of the issue
thereof.
(4) The Registrar shall charge for any copy of a certificate issued under
sub-section (2) a fee of one rupee and all fees so paid shall be accounted
for to the State Government.
12-C. Effect of change of name: – The change in the name of a society
registered under this Act shall not affect any rights or obligations of the
society or render defective any legal proceeding y or against the society,
and any legal proceeding which might have been continued or
commenced by or against it by its former name may be continued or
commenced by or against it new name. - Provisions for dissolution of societies and adjustment of their
affairs: – Any number not less than two-third of the members of a society
registered under this Act may determine that it shall be dissolved, and
thereupon it shall stand dissolved forth with or at the time then agreed
upon and all necessary steps shall be taken for the disposal and settlement
of the property of the society and its claims and liabilities according to
the rules and regulations of the said society, applicable thereto, if any,
and, if not, then as the governing body, or a special committee formed to
replace the governing body in respect of all matters affecting the
winding-up of the affairs of the society, shall find expedient:
Provided that-
(i) in the event of any dispute arising among the governors, directors,
trustees or members of the said governing body or, if it has been
replaced by a special committee as aforesaid, among the members
thereof or among the members of the society, the adjustment of its
affairs shall be referred to the principal court of original civil
jurisdiction of the district in which the principal office of the
society is situated and the Court shall make such order in the
matter as it shall deem requisite;
(ii) any matter decided by tow-third of the members of the society or
of the governing body thereof or of any special committee formed
to replace the governing body for the purpose of winding up the
affairs of the society present either in person or by proxy at any
meeting of such society or governing body or special committee
shall not be deemed to be a matter of dispute within the meaning of
clause (i);
(iii) no society shall be dissolved unless two-thirds of its members shall
have expressed a wish for such dissolution by their votes delivered
in person or by proxy at a special general meeting convened for the
purpose;
(iv) whenever any Government is a member of or a contributor to, or
otherwise interested in any society registered under this Act, such
society shall not be dissolved without the consent of such
Government; and
(v) nothing in this section shall be deemed to affect any provision
contained in any instrument for the dissolution of such society. - Upon dissolution no member to receive surplus property: – If
upon the dissolution of any society registered under this Act there shall
remain after the satisfaction of all its debts and liabilities any property
whatsoever, the same shall not be paid to or distributed among the
members of the said society or nay of them but shall be given to some
other society, whether registered under this Act or not, to be determined y
the votes of not less than two-thirds of the members present personally or
y proxy at the time of the dissolution or, in default thereof, by such court
as aforesaid:
Provided that this section shall not apply to any society which shall
have been founded or established by the contributions of shareholders in
the nature of a Joint Stock Company:
Provided further that nothing in this section shall be deemed to
affect any provision contained in any instrument for the payment or
distribution of the property of a society dissolved under section 13.
14-A. Surplus property may be given to Government: –
Notwithstanding anything contained in section 14, it shall be lawful for
the members of any society dissolved under section 13 to determine by
the votes of not less than two-third of their total number that any property
whatsoever remaining after the satisfaction of all its debts and liabilities
shall be given to the State government to be utilised for any of the
purposes specified in section 1-B. - Member of society defined: – For the purposes of this Act, a member
of a society shall be a person who having been admitted therein according
to the rules and regulations thereof, shall have paid a subscription or shall
have signed the roll or list of members thereof and shall not have
resigned in accordance with such rules and regulations or a person who
shall have been appointed or selected to be a governor, director, trustee or
members of the governing body of such society in accordance with such
rules and regulations; but in proceedings under this Act no person shall be
entitled to vote ore to be counted as a member whose subscription at the
time shall have been in arrear for a period exceeding three months. - Governing body defined: – The governing body of a society shall be
the council, committee or other body (consisting of governors, directors,
trustees or members) to which by the rules and regulations of the society
the management of its affairs is entrusted for the time being. - Registration of societies formed before Act and not registered: –
(1) Any society established and constituted for any of the purposes
specified in section 1-B, and any society of the nature mentioned in
section 20 so established and constituted, previously to the passing of this
Act and not registered under any law repealed by section 21 may at any
time hereafter be registered as a society under and in accordance with the
provisions of this Act.
(2) in the case of any such society, if no governing body thereof shall
have been constituted on the establishment of the society, it shall be
competent for the members thereof, upon due notice, to create a
governing body to act for the society thenceforth. - Power of Registrar to refuse registration in certain cases: – (1)
The Registrar shall refuse to register-
(a) a society under section 3, or
(b) the change of name made under section 12-A, or
(c) a society under section 17,
If the proposed name of such society is identical with that by which nay
other existing society has been registered or in the opinion of the
Registrar so nearly resembles such other name as to be likely to deceive
the public or the members of either society.
(2) The provisions of sub-section (1) shall also apply to societies referred
to in sub-section (2) of section 21 and to changes of name referred to in
sub-section (3) of that section and if, under the laws repealed by sub-
section (1) of section 21, any two or more societies have been registered
with identical names or with names which, in the opinion of the Registrar,
so nearly resemble each other as to be likely to deceive the public or the
members of such societies, the society which was so registered first of all
shall continue to function under its original name and other such societies
shall change, and may be required by the Registrar to change their names
suitable within a period of six months form the commencement of this
Act.
1
[18.A. Power to Registrar to refuse or to cancel the registration of
certain Society. – (1) The Registrar shall refuse to register-
(a) a Society under section 3, or
(b)the change of name made under section 12-A.
if the main activities of the Society include Sports and the expression
Rajasthan or the name of any District as a part of the proposed name of
the society.
(2) If the name of a Sports Society registered before the commencement
of the Rajasthan Sports Association (Registration, Recognition and
Regulation) Act, 2005 (Act No. 4 of 2005) contains as part of its name
the expression ‘Rajasthan’ or the name of any District of the State, such
Society shall amend its name to remove ‘Rajasthan’ or, as the case may
be, the name of the district form the registered name of the Society within
thirty days from such commencement.
(3) If any Society fails to comply with the provisions of sub-section (2),
the Registrar shall, after giving an opportunity of hearing to such Society,
cancel the registration of such Society.
(4) Cancellation of registration under sub-section (3) shall operate as if
the members of such Society have resolved to dissolve the Society and
the provisions of this Act shall apply accordingly.] - Inspection of documents and certified copies thereof: – Any
person may inspect all documents filed with the Registrar under this Act
on payment of a fee of one rupee for each inspection and any person may
require a copy or extract of any document or part of any document to be
1
Inserted by Raj. Act No. 4 of 2005 (w.e.f. 18.8.2004)
certified by the Registrar, on payment of 1
[twenty five paisa] for every
hundred words of such copy of extract , and such certified copy shall be
prima facie evidence of the matters therein contained in all proceedings
whatever.
- Societies that may be registered under the Act: – The following
societies may be registered under this Act, namely: –
Societies established for charitable purposes; military orphan funds;
societies established for the promotion of 2
[Khadi & Village Industry],
literature, science or the fine arts; societies established for instruction the
diffusion of useful knowledge or political education; societies established
for the foundation or maintenance of libraries or reading rooms for
general use among the members or open to the public or public museums
and galleries ore painting and other works of art; societies established for
collections of natural history and for mechanical and philosophical
inventions, instruments or designs. - Repeal and savings: – (1) The Societies Registration Act, 1860
(Central Act XXI of 1860), as adapted to the pre-reorganisation State of
Rajasthan by means of Rajasthan Ordinance IV of 1950 and all laws
relating to the registration of societies which may be in force in any part
of the State shall stand repealed upon the commencement of this Act.
(2) All societies registered under any of the laws mentioned in subsection (1) shall, if they may be registered under this Act, be deemed to
have been registered hereunder.
(3) All changes made in the names of such societies as are referred to in
sub-section (2), previously to the commencement of this Act, shall be
deemed to have been made under this Act:
Provided that, if such change shall not have been registered or a
certificate in receipt thereof shall not have been issued in accordance with
section 12-B, such registration shall be made and certificate shall be
issued under that section on application being made to the Registrar in
that behalf within three months form the commencement of this Act.
(4) All other actions taken or orders given under the laws mentioned in
sub-section (1) shall unless repugnant to, or inconsistent with, the
provisions of this Act, be deemed to have been taken or given, as the
case may be, under this Act.
1
Substituted by Raj. Act No. 3 of 1967, Vide Sec. 2, published in Raj. Gazette E.O. Part IV-A, dated 20.7.1967.
2
Inserted by Raj. Act No. 17 of 1995 (w.e.f. 17.5.1995)
(5) If, in the case of any society deemed to have been registered under this
Act, no action of the nature specified in section 4-A, shall have been
taken previously to the commencement of this Act, such action shall
first be taken within three months after such commencement and
thereafter in accordance with that section and for any failure to do so
the person responsible shall be liable under section 4-B.
