Tamil nadu act 016 of 1994 : Tamil Nadu Societies Registration (Amendment) Act, 1993

Section 1. Short title

1. Short title.- This Act may be called the Tamil Nadu Societies Registration (Amendment) Act, 1993.

Section 2. Insertion of new sections 34-A and 34-B

2. Insertion of new sections 34-A and 34-B.- After section 34 of the Tamil Nadu Societies Registration Act, 1975 (Tamil Nadu Act 27 of 1975) (hereinafter referred to as the principal Act), the following sections shall be inserted, namely:-

"34-A. Supersession of committee.-(1)(a) If, in the opinion of the Government,-

(i) the committee of any registered society is not functioning properly, or

(ii) the affairs of any registered society are mismanaged; or

(iii) the registered society's activities are not in furtherance of the objects of the society, or

(iv) the committee of any registered society has contravened any of the provisions of this) Act or the rules made thereunder, or wilfully disobeys or wilfully fails to comply with any lawful order or direction issued under the provisions of this Act or the rules made thereunder,

the Government may, after giving the committee an opportunity of making its representations, by order in writing, supersede the committee and appoint a person (hereafter in this section and in section 34-B referred to as the special officer) to manage the affairs of the society for a specified period not exceeding one year:

Provided that nothing in this clause shall prevent the appointment of the same person as special officer for two or more registered societies.

(b) The period specified in such order may, at the discretion of the Government, be extended from time to time provided that such order shall not remain in force for more than three years in the aggregate.

(2) The special officer appointed under sub-section (1) shall, subject to the control of the Registrar and to such directions as he may, from time to time, give, have power to exercise all or any of the functions of lie committee and to take such action as may be required in the interest of the societies.

(3) The Registrar may fix the remuneration payable to the special officer appointed under sub-section (1). The amount of remuneration so fixed and such other expenditure incidental to the management of the society during the period of supersession as may be approved by the Registrar shall be payable from the funds of the registered society.

(4) The special officer appointed under sub-section (1) shall arrange for the constitution of a new committee in accordance with the provisions of this Act and the rules made thereunder and the bye-laws of the registered society so that the new committee may be constituted and the members thereof come into office at the expiry of the period of appointment of the special officer.

(5) Nothing contained in this section shall be deemed to affect the power of the Registrar to order the winding up of the society under section 40.

(6) An order under sub-section (1) shall take effect from the date specified therein.

34-B. Delivery of possession of records and properties af a registered society.- (1) Where the committee of a registered society is superseded and a special officer is appointed under section 34-A and such special officer is resisted in, or prevented from, obtaining possession of the books, accounts, documents, securities, cash and other properties, whether movable or immovable, of the society (hereafter in this section referred to ass the records and properties of the society) by the committee which has been superseded, or by any person who is not entitled to be in possession of the records and properties of the society, any Metropolitan Magistrate or any District Munsif-cum-Judicial Magistrate, exercising the powers of a Judicial Magistrate of the first class in whose jurisdiction the office of the society or the records, and properties of that society is, or are, situate shall, on application by the special officer and on the production of the order made under section 34-A and of a certificate by the Registrar in the prescribed form setting forth that the records and properties mentioned therein belong to the registered society, direct delivery to the special officer, of the possession of the records and properties of the society.

(2) No certificate shall be issued by the Registrar under sub-section (1) without making such inquiry as he deems necessary.

(3) For the purpose of the proceedings; under sub-section (1), the certificate aforesaid shall be conclusive evidence that the records and properties to which it relates belong to the registered society.

(4) The Metropolitan Magistrate or he District Munsif-cum-Judicial Magistrate exercising the powers of a Judicial Magistrate of the first class referred to in sub-section (1) may, pending disposal of an application for directing delivery, to the special officer, of the possession of the records and properties, of the society mentioned in the certificate by the Registrar, appoint a Receiver to take possession of such records and properties or such portion thereof as may be necessary. The remuneration, if any, paid to the Receiver and other expose incurred by him shall be payable from the funds of the registered society.

Section 3. Amendment of section 36

3. Amendment of section 36.- In section 36 of the principal Act, for sub-section (9), the following sub-section shall be substituted, namely:-

"(9) The result of the inquiry shall be communicated to the registered society and to the applicants, if any, and if the Registrar is satisfied that the result of the inquiry does not warrant action under section 37, he may issue such direction to the registered society, or any member of the registered society, as the Registrar may deem fit."

Section 4. Amendment of section 44

4. Amendment of section 44.- In section 44 of the principal Act, after sub-section (7), the following sub-section shall be inserted, namely:-

"(8) If the name of the registered society having been struck off the register, has not been restored or if the period allowed for appeal has lapsed or no appeal has been made or an appeal has been made but dismissed, under this Act, the registered society shall not function and the provisions of section 39 shall apply as if the registration of such society has been cancelled."

Section 5. Amendment of section 52

5. Amendment of section 52.- In section 52 of the principal Act, in sub-section (2), for the words "the Inspector-General of Registration", the words "the Inspector-General of Registration or any other officer of the Registration department not below the rank of Deputy Inspector-General of Registration, as may be authorized by the Government in this behalf" shall be substituted.

Section 6. Amendment of Schedule

6. Amendment of Schedule.- In the Schedule to the principal Act,-

(a) in item 1, for the words "Fifty Rupees", the words "One hundred Rupees" shall be substituted;

(b) in item 2, for the words "Two Rupees ", the words "Five Rupees" shall be substituted;

(c) in item 3, for the words; "Four Rupees", the words "Ten Rupees" shall be substituted;

(d) in item 4, for the words "Four Rupees", the words "Ten Rupees" shall be substituted;

(e) in item 5, for the words "Seventy-five paise", the words "Two Rupees" shall be substituted;

(f) in item 6, for the words "Three Rupees", the words "Five Rupees" shall be substituted;

(g) in item 7, for the words "Ten Rupees", the words "Fifty Rupees" shall be substituted.