Societies formed by memorandum of association and registration

Section 1 of the Societies Registration Act, 1860 deals with societies formed by memorandum of association and registration. Any seven or more persons associated for any literary, scientific, or charitable purpose, or for any such purpose as is described in section 20 of this Act, may, by subscribing their names to a memorandum of association, and filing the same with the Registrar of Joint-stock Companies , form themselv The Act was enacted on 21 May 1860.

Any seven or more persons associated for any literary, scientific, or charitable purpose, or for any such purpose as is described in section 20 of this Act, may, by subscribing their names to a memorandum of association, and filing the same with the Registrar of Joint-stock Companies ¹***, form themselves into a society under this Act.

STATE AMENDMENTS

Orissa.--

Insertion of new section before section 1, Act 21 of 1860.--In the Societies Registration Act, 1860 (21 of 1860) (hereinafter referred to as the said Act), section 1 shall be renumbered as section 1-A and before the said section as so renumbered, the following new section shall be inserted, namely:--

1. Appointment of Registrar of Societies.--The State Government may, by notification, appoint a person to be called the Registrar of Societies and he shall exercise such powers and perform such duties and functions as are conferred by or under the provisions of this Act, and shall subject to such general or special order as the State Government may from time to time make, superintend the administration and carry out the provisions of this Act throughout the State or Orissa.

[Vide the Orissa Act 21 of 1958, s. 2]

Adaptation.--In the said Act, for the expressions, Registrar of Joint Stock Companies and Registrar wherever they occur, the expression Registrar of Societies shall be substituted.

[Vide the Orissa Act 21 of 1958, s. 3]

Pending proceedings and construction of reference to Registrar of Companies in instruments issued or made before this Act.--(1) All proceedings under the said Act pending before the Registrar of Joint Stock Companies at the date of commencement of this Act shall stand transferred to the Registrar of Societies and any such proceedings shall be continued and disposed of by the Registrar of Societies, as if it had been originally instituted before such Registrar under the said Act.

(2) In all certificates of registration and in all rules or bye-laws of societies and in all other instruments issued or made under the said Act before the date of commencement of this Act, references to the Registrar of Joint Stock Companies or the Registrar of Companies shall be deemed to be and be construed as references to the Registrar of Societies.

[Vide the Orissa Act 21 of 1958, s. 4]

Orissa.--

Amendment of Section 1.--In the Societies Registration Act, 1860 (21 of 1860), as applicable to the State of Orissa , section 1 shall be renumbered as sub-section (1) thereof and after sub-section (1) as so renumbered, the following sub-sections shall be inserted, namely:--

"(2) The State Government may, by notification, appoint one or more Additional Registrars with such local jurisdiction as may be assigned to them by the State Government.

(3) The Additional Registrars so appointed shall, subject to the control of the Registrar of Societies, exercise such of the powers and perform such of the functions of the Registrar of Societies as the State Government may authorize in that behalf.".

[Vide the Orissa Act 9 of 1979, s. 2]

STATE AMENDMENT

Union territory of Ladakh

After the preamble and before the existing section 1, insert--

"1. Appointment, etc. of Registrar of Societies, etc.--(1) The Administration of Union territory of Ladakh may, by notification, appoint a person to be called the Registrar of Societies and he shall exercise such powers and perform such duties and functions as are conferred by or under the provisions of this Act, and shall subject to such general or special order as the Administration of the Union territory of Ladakh may from time to time make, superintend the administration and carry out the provisions of this Act throughout the Union territory of Ladakh.";

"(2) The Administration of the Union territory of Ladakh may by notification, appoint one or more Additional Registrars with such local jurisdiction as may be assigned to them.

(3) The Additional Registrars so appointed shall, subject to the control of the Registrar of Societies, exercise such of the powers and perform such of the functions of the Registrar of Societies as the Administration of the Union territory of Ladakh may authorise in that behalf.";

(b) number the existing section as section 1A and in this section as so numbered, for "Registrar of Joint-Stock Companies" substitute "Registrar of Societies.".

[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Second Order, 2020, vide Notification No. S.O. 3805(E), dated (26-10-2020).]

Arunachal Pradesh

After section 1, the following section shall be inserted, namely:--

"Definitions-1A. --In this Act, unless the context otherwise requires:--

(a) "Administrator" means the Administrator of the Union territory of Arunachal Pradesh appointed by the President under Article 239 of the Constitution;

(b) "Registrar" means the Registrar of Societies appointed by the Administrator."

[Vide Arunachal Pradesh Act 6 of 1978, s. 2 and the schedule]

Uttarakhand

Substitution of section 1.--In Societies Registration Act 1860, (which is hereinafter referred to as Principal Act) the section 1 shall be substituted as follows, namely:--

"1. Societies formed by memorandum of association and registration.---Any seven or more persons associated for any literary, scientific or charitable purpose, or for any such purpose as is described in section 20 of the Act, may, be digital signature of their name in online form of Memorandum of Association and rules filling the same online with the Registrar form themselves into a society under this Act.

[Vide Uttarakhand Act 4 of 2019, s. 2]

Haryana

Insertion of section 1A in Central Act 21 of 1860.--After section 1 of the Societies Registration Act, 1860 (hereinafter called the principal Act), The following section shall be inserted, namely:--

"1A. Definitions.-- In this Act, unless the context otherwise requires,--

(a) "prescribed" means prescribed by rules made under this Act;

(b) "State Government" means the Government of the State of Haryana.".

[Vide Haryana Act 14 of 2007, s. 2]

Section 1, The Societies Registration Act, 1860 (Act 21 of 1860).