Bombay act 011 of 1956 : Societies Registration (Bombay Amendment) Act, 1956

Preamble

Societies Registration (Bombay Amendment) Act, 19561

[Bombay Act No. 11 of 1956][14th March, 1956]

An Act further to amend the Societies Registration Act, 1860, in its application to the State of Bombay.

Whereas it is expedient to provide that the powers, duties and functions exercised or performed under the Societies Registration Act, 1860 (XXI of 1860), by the Registrar of Companies in the State of Bombay should be exercised or performed, as the case maybe, by the Registrar of Societies appointed-under the said Act;

And Whereas it is expedient to amend the said Act, in its application to the State of Bombay for the said purpose; It is hereby enacted in the Seventh Year of the Republic of India as follows:-

1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1956, Part V p. 20.

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Societies Registration (Bombay Amendment) Act, 1956.

(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Section 2. Insertion of new sections after preamble

2. Insertion of new sections after preamble.- After the preamble to the Societies Registration Act, 1860 (XXI of 1880) (hereinafter called the "said Act"), the following new sections shall be inserted, namely:-

"1-A. Interpretation.- In this Act, unless there is anything repugnant to the subject or context, the expression ‘Registrar’ means the Registrar of Societies appointed under Section 1-B and includes other officers appointed under the said section to exercise the powers and to perform the duties and functions of the Registrar of Societies.

1-B. Registrar of Societies and Assistant Registrars.- (1) The State Government may, by notification in the Official Gazette, appoint a person to be called the Registrar of Societies who shall exercise such powers and shall perform such duties and functions as are conferred by or under the provisions of this Act and shall, subject to such general or special orders as the State Government may make, superintend the administration and carry out the provisions of this Act throughout the State.

(2) The State Government may also by like notification appoint persons to be called ‘Assistant Registrars of Societies’ for such areas as may be specified in the notification and empower them to exercise powers and to perform duties and functions under all or such provisions of this Act as may be specified in the notification,"

Section 3. Amendment of sections 1 and 4 of Act No. XXI of 1860

3. Amendment of sections 1 and 4 of Act No. XXI of 1860.- In sections 1 and 4 of the said Act, the words "of Joint-stock Companies" shall be deleted.

Section 4. Amendment of Section 12-A of Act No. XXI of 1860

4. Amendment of Section 12-A of Act No. XXI of 1860.- In Section 12-A of the said Act, in sub-section (1) the words "of Companies" shall be delted.

Section 5. Pending proceedings and construction of references to Registrar of Companies in instruments issued or made before this Act

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

(2) In all certificates of registration and in all rules or by-laws of societies and in all other instruments issued or made under the said Act before the commencement of this Act, refererces 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.