Himachal pradesh act 023 of 1973 : Societies Registration (Himachal Pradesh Amendment) Act, 1973

Section 1. Short title, extent and commencement

1. Short title, extent and commencement.- (1) This Act may be called the Societies Registration (Himachal Pradesh Amendment) Act, 1973.

(2) It shall extend to the whole of Himachal Pradesh.

(3) It shall come into force at once.

Section 2. Amendment of section 1

2. Amendment of section 1.- In section 1 of the Societies Registration Act, 1860 (21 of 1860) (hereinafter referred to as the principal Act) for the words "of Joint Stock Companies" the words "to be appointed by the State-Government, by notification in the Official Gazette, for carrying out the purposes of the Act", shall be substituted.

Section 3. Amendment of section 3

3. Amendment of section 3.- In section 3 of the principal Act, for "full stop" occuring in the end, the "colon" shall be substituted and there-after the following proviso shall be added:-

"Provided that the State Government may, by notification in the Official Gazette, exempt any particular society or class of societies from the payment of registration fee."

Section 4. Amendment of section 4

4. Amendment of section 4.- In section 4 of the principal Act,-

(a) the words "of Joint Stock Companies" shall be omitted; and

(b) at the end the following words shall be added, namely:-

"If a society makes default in complying with the requirements of this section, it shall be liable to a fine not exceeding fifty rupees.".

Section 5. Amendment of section 12

5. Amendment of section 12.- In section 12 of the principal Act, after the words "other society", "," shall be omitted and thereafter the words "or whenever the governing body of any society registered under this Act decides to change the name of the society," shall be inserted.

Section 6. Insertion of sections 12-A and 12-B

6. Insertion of sections 12-A and 12-B.- After section 12 of the principal Act, the following new sections shall be inserted, namely:-

"12-A. Registration of change of name.-

(1) Where a proposition for change of name has been agreed to and confirmed in the manner prescribed by section 12, a copy of the proposition so agreed to and confirmed shall be forwarded to the Registrar of societies for registering the change of name. If the proposed name is identical with that by which any other existing society has been registered, or in the opinion of the Registrar so nearly resembles such name as to be likely to deceive the public or the members of either society, the Registrar shall refuse to register the change of name.

(2) Save as provided in sub-section (1) 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 circumstances of the case. On the issue of such certificate the change of the name shall be complete.

(3) The Registrar shall charge for any copy of a certificate issued under sub-section (2) a fee of rupee one and all fees so paid shall be accounted for to the State Government.

12-B. Effect of change of name.- The change in the name of a society shall not affect any rights or obligations of the society or render defective any legal proceeding by 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 by its new name."

Section 7. Amendment of section 18

7. Amendment of section 18.- In section 18 of the principal Act, the words "of Joint Stock Companies" shall be omitted.

Section 8. Amendment of section 19

8. Amendment of section 19.- In section 19 of the principal Act, for the words "two annas" the words "twenty-five paise" shall be substituted.

Section 9. Insertion of new section 21

9. Insertion of new section 21.- After section 20 of the principal Act, the following new section shall be inserted, namely:-

"21. Cognizance of offences.- No court inferior to that of a magistrate of the first class shall try any offence under this Act, nor shall cognizance of any such offence be taken except on a complaint in writing by the Registrar or any person authorised by him in writing in this behalf."

Section 10. Repeal and savings

10. Repeal and savings.- The enactments mentioned in the Schedule are repealed to the extent specified in the fourth column thereof.

Notwithstanding such repeal, any thing done or any action taken including any order, notifications or rules made or issued in exercise of the power conferred by or under any of the repealed Acts mentioned in the Schedule shall, to the extent of its being consistent with the provisions of this Act, be deemed to have been done or taken in exercise of the powers conferred by or under this Act.