GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
LegiSlative West Bergal AU XXVI of 1961
THE WEST BENGAL SOCIETIES REGISTRATION
ACT, 1961.
• [Passed by the TV,t Bengal Lerqlature.] [Assent of the Pres:dent was first publ shod in the Calcutta Gazette, Eztrauriinury, of the 5:11 DJearn,or, 190 id
[5th December, 1961.]
An Act to provide for the regist.-ation of literary, cultItal, scientific, political, chartable, religious and mutant other kinds of societies and for matters connected therewith.
It is hereby enacted in the Twelfth Year of the
Republic of India, by the Legislature of West Bengtl, as foilu.ws .
1. (1) This Act may be called the West Bengal Socie- ties Registration Act, 1961. extent and
,
(2) It extends to the whole of West Bengal.
roddneneeo went.
(3) It shall come into force on such date as the Stale Government may, by notification in the (Initial Gazette, appoint.
Went Hen,
Act XXI
of I053.
2. In this Act, unless the context otherwise requires,— Inter.
(a) "Court", when used in relation to a society, means pretation. the principal civil court ot original jurisdiction of the district within which the registered office of the society is situate and in relation to a society S;tuate within the Presalency-town of Calcutta, the City Civil Court established wider the City Civil Court Act, 1953;
(b) "Governing Body" means the body, by whatever name called, entrusted for the time being with the management of a society under its regu- lations;
• •
(c) "member", when used in relation to a society, - means a pers-in who has been adthitted with his consent as a member of the society according to its regulations;
1
(West- n. Act
• (Section 3.)
(d) "memorandum" means the memorandum of asso ciation referred to in section 4;
(e) "officer" means a member of the Governing Body, the President, the Secretary or any other odice- bearer of a society and includes also an employee of the society whose work is not of a purely ministerial nature;
(f) "officer in default", for the purpose of any provi- sion in this Act, means any officer who is knowingly guilty of any contravention, failure or refusal or who knowingly authorizes or per- mits such contravention, failure or refusal;
(g) "President" means the President, the Chairman or the formal head by whatever name called, of a society and includes a person who for the time being acts as the formal head;
(h) "registered office" means the registered office mentioned in the memorandum;
(i) "Registrar" means a person appointed as Registrar under sect:on .3 and includes, in relation to the exercise of any powers or functions under this Act, any person referred to in that section on whom such powers or functions have been conferred under that section;
(j) "regulations" mean the regulations made by a society and, in relation to a society deemed to have been registered under sub-section (2) of :-ection 3G of this Act, include its rules and regulations;
(L) "rules" mean rules made by the State Government under section 35;
(1) "Secretary" means the Secretary or the principal executive officer, by whatever name called, of a society, and includes a person who for the time being acts as Secretary;
(in) "society" means a society registered or deemed to have been registered under this Act;
(n) "votes of three-fifths of the members" mean the votes of at least three-fifths of the 'total number of members of a society, given at p. general meeting of the society convened according to its regulations, including votes by proxy where voting by proxy is allowed under the regulations.
3. The State Government may appoint a person to be the Registrar of Societies for the State of West Bengal and such Additional, Joint, Deputy or Assistant Registrars as it thinks necessary to assist the Registrar and may by general or special order confer on such person or persons assisting the Registrar any of the powers and functions of the Registrar under this Act,
2
heitic4 societiea Segisikat on. Act; !pa. esectione-4-6.)
4, (1) Any seven or more individuals associated for Societies to any of the objects mentioned in sub-section (2) may subs- btr"Eaffil eribe their names to a memorandum of association and file rnetnoran. it along with a copy of the regulations with the Registrar dum of for registration of the association as a society under this 08c/it Act. registra.
(2) The objects referred to in sub-section (1) may relate tkuL to the promotion of literature, arts, science or religion; any charitable purpose including the care or relief of orphans, or of aged, sick, helpless or indigent persons; the alleviation of the sufferings of animals; the diffusion of knowledge; the dissemination of social, political or economic education; the establishment and maintenance of libraries or reading rooms for the members or for the
public; the collection and preservation of manuscripts, paintings, sculptures, works of art, antiquities, natural history specimens, mechanical and scientific instruments and designs; any other object as may be notified by the State Government as being beneficial to the public or to a section of the public.
5. (7) The memorandum shall contain, amongSt other Memoran. things, the following particulars, namely :— dum of agsocia.
(a) the name of, the association,
(b) the address of the registered office of the association,
(c) the object of the association,
(d) the names of the first members of the Governing Body, and
(e) the names, addresses and occupations of the signa- tories to the memorandum.
(2) After registration a society shall not change the memorandum except in accordance with the provisions of this Act.
6. The Registrar shall not accept any memorandum for n,cgula. registration of a society unless it is accompanied by a copy twits. of its regulations providing, amongst other things, for the following matters, namely : —
(a) the composition of the Governing Body and the manner of election or appointment and resigna- tion or removal and the term of office of the members of the Governing Body, the President, the Secretary and other officers;
tion.
(6) the admission to membership and reisignation and removal of members;
(c) the maintenance of a register of members and facilities for inspection thereof by the members;
3
r77:47 IVut hengat ,recieties Registration. Act, .1001.
[West Eel> Act
-(Sections.
(d) the safe .custody of the property of the society, including in particular, the manner of keeping or investing any moneys of the society
(e) the procedure for holding meetings of the society, quorum, the method of voting, t he period of notice for meetings and the manner of voting by proxy,.where such voting is allowed; (/) the maintenance at I audit of accounts;
(g) the inspection of a.counts, and of the proceedingS of meetings, 1 y the members of the society;
(h) any other matter relating to the objects or affairs of the society.
Registra. 7. (1) The Registrar upon being satisfied that the tion. Memorandum and the 1 -c flitions accompanying it comply with the requirements ci this Act and the rules and upon Payment of the fee r ierred to in sub-section (2), shall certify unier his and seal that the society is registered under tliLs Let.
(2) There shall 1,e paid to the Registrar, for tho registration of a society under this Act, a fee of fifty rupees, or such smaller fee as the State Government may from time to time direct.
Cf) An appeal shall lie to the Stoic Government against an order of the Registrar refusing to certify the registration of an association as a society under this Act and the decision On such appeal shall be final.
Alteration • 8. (1) A society shall not alter its memorandum except of memo• with the previous permission of the Registrar in writing, random and the votes _ of three-fifths. of its members. and togula. Licata. (2 • • ) Before granting permission under sub.-section (1), the Registrar shall satisfy himself that the alteration does not make the society ineligible for registration under this Act.
(.7) Subject to the provisions of thiS•Aet, the rules and the provisions of the 7110111orandum a society may, by the votes of three-fifths of the members, alter its regulations. Altera. O. (/) A copy of every alteration of the memorandum firms to be find of the regulations skill be filed with the Registrar Mod. within thirty days of such alteration.
(?) The Registrar shall, except for, special reasons to be recorded by him in writing within thirty days from the date of such t eceipt, record the alteration and send an intimation. of the fact to the, society or communicate to the . society Lis objections to such alteration.
4
he West Bengal Societies 1?eisistration- act, 1116.1% 5 XXVI or WM]
(Sections.10-124
. (3)-. An appeal-.shall lie to the State Government against any. objection mad by the Registrar and the decision of the Ste.; Government on such appeal shall be final.
(4) An alteration shall have effect from the date cn which the- intimation referred to in sub-section (2) is received by the society or in the event of any objection being raised by the Registrar, from the date on which the State Government allows the • alteration on appeal.
10. No society shall be registered under a name which sfune. society. of
is identical with, or too nearly resembles, the name of any other society or any body corporate which has been previously regisfere4 or incorporated under this Act or any Otherlaw-for the time being in force, as the case may be, or is deemed to have been registered under this. Act.
11. (1) If a society is registered under a name or State alters its name to another name which, in the opinion of moomivetrn. the State Government, is identical with, or too nearly direct Y resembles, the name of any other society or body corporate Phange of which having been previously registered or incorporated name. under this Act or any other law for the time being in force, or being • deemed to have been registered under this Act; Continues to exist the State Government may by order 'made in this behalf (Urea such society to change its name and alter its Memorandum- within three months from the date of the order or such longer period as the State Government may- think fit to. allow.
(2) No change of name shall effect the rights and liabilities of a society or any legal proceedings by . .or against the society:
(3) In case of non-compliance .with an order under sebt p?etim (1), every officer in default shall be- punishable_ with fine Which may extend to twenty rupees for every day until the order is complied with.
12. (1) Whenever two or more societies desire to amalgamate, the GoVerning Body of- each such society shall submit the proposal in writing to the members thereof at d sail proposal shall be considered in a general meeting ot the society convened for the purpose.
(2) No such proposal shall have any- effect unless— •
(g) it shall have been delivered or sent by registered post to the members of each of the societies at least ten do-vs before the date of the meeting at which it will be considered;
it has been sent to the Registrar before the meeting and e coin m un icates is approval thereto, With or without any modifications; cocieties
to hake
p.Aver to
atnal•
puma°
with
another
society.
5
pint flail. itti. Name of
aooiety to
be pro-
minently
shown.
(Sections 13-15.)
(c) the propoSal, with the modifications, if any, suggested by the Registrar, is agreed to by the votes of three-fifths of the members of each of the societies concerned _ and confirmed by like votes of members at a subsequent general meeting of the society,
(3) An appeal shall lie to the State Government against any order of the Registrar refusing to accord his approval to the proposal or suggesting any modification and the decision of the. State Urovernment on such appeal shall be final.
(4) On the proposal being confirmed:— •
(a) the amalgamated society shall be registered under its new name,
(b) the registration of the amalgamating societies shall be cancelled,
(c) the assets and the liabilities of the amalgamating societies shall be the assets and the liabilities of the amalgamated society.
13. (1) Every society shall—
(a) prominently display its name outside its office or the place where its business is carried on;
(b) have a seal with its name engraved thereon;
(c) have its name mentioned in all documents executed in its favour or on its behalf.
(2) For any contravention of the provisions of sub- section (1), every officer in default shall be punishable with fine which may extend to twenty rupees.
Register 14. (1) Every society shall maintain at its registered of mem- office, a register of its members and shall enter therein the berg. following particulars, namely:—
• (a) the name and address of each member;
(b) the date on which the member was admitted;
(c) the date on which a member ceased to ,be such. Books of
account
sad audit.
(2) If entries are not made within fifteen days of the admission of a member or cessation of membership, every officer in default shall be punishable with fine which may extend to twenty rupees for every day during which the contravention continues.
15. (1) Every society shall keep at its registered office proper books of account in which shall be entered accurately :—
(a) all sums of money received and the source thereof and all sums of money expended by the society and the object or purpose for which such sums are expended;
6
e s -XXV1 of 1061.3 (ieetioa 10, 17.)
(b) the assets and liabilities of the society.
(2) Every society shall have its accounts audited once a year by a duly qualified auditor and have a balance sheet prepared by him. The auditor shall also submit a report showing the exact state of the financial affairs of the society. Th ree copies of the balance sheet and the auditor's report shall be certified by the auditor. Explanation.—A duly qualified auditor means a char- tered accountant within the meaning of the Chartered SS of 1949. Accountants Act, 1949 or a person approved by the Regis- - trar in this behalf.
(3) For any contravention of the provisions of sub- section(1) or sub-section (2), every officer in default shall be punishable with fine which may extend to twenty rupees for every day after the detection of the default during which the default continues.
16, (1) Every society shall hold an annual general meeting at least once in every year and not more than fifteen mouths shall elapse between two successive annual general meetings.
(2) The balance sheet and the auditor's report referred to in sub-section (2) of section 15 shall be placed at the annual general meeting of the society.
(3) For any contravention of the provisions of sub- section (7) ur sub-section (2), every officer in default shall be punishable with fine which may extend to two hundred and fifty rupees.
17. (1) "Within thirty days after the holding of every Annuia annual general meeting, there shall be filed with the and othet Registrar— returria to
(a) a list of the names, addresses and occupations of warded to the members of the Governing Body, the Presi- Registrar. dent, the Secretary and of other office-bearers of • the society;
(b) an annual report by the Governing Body on the working of the society for the previous year; a copy each of the balance sheet and the auditor's report certified by the auditor under sub-section
(2) of section 15.
(2) The list and the annual report referred to in clauses
(a) and (b) of sub-section (I) shall be certified by the President and the Secretary.
(3) If any change occurs in the composition of the Governing Body or in the holder of the office of the Presi- dent or the Secretary at any time for any reason what- soever, such change shall, within thirty days, be notified:
to the Registrar.
Annual
general
meeting.
(c)
-t
7
Bengal Societies Registration Act, (Sections 18,22.)
(4) For any contravention of the provisions of sub- section (1); sub-section (2) or sub-section (Th, every officer in default shall be punishable with fine which may extend to two hundred and fifty rupees.
Property 18. All property belonging to a society, if net vestal of in trustess, shall he deemed to be vested in the Ciovething society Body of the society but Shall be referred to as the property how to bo of the society. vested. Suits and
pro.
ceedings
by ant
agtinst a
society.
19, (1) Every society may sue or Inny be sued :n the name of the l'resident, the Secretary, or any office-bearer authorised by the Governing Body in this behalf.
(2) No suit or proceeding shall abate by reason of -any vacancy or change in the holder of the office of the Presi- dent. the Secretary or any office-beater authorised under sub-section (1),
(3) Every decree or order against a society in any suit or proceeding shall be executable against the pro- perty of the society and not against the person or the property of the President, the Secretary or any office- bearer.
(4) Nothing in sub-section (.7) shall exempt the Presi- dent. the Serretitry or office-heave! of a society 11'0M ar y criminal liability under this Act or entitle him to claim any contribution front the property of the society in respect of any fine paid by him on conviction by a criminal court.
Power to 20. (1) Subject to the provisions of this Art and the act
or rules it society may by the votes of three-fifths of the rowan. mmnbers add to or amend the regulations relating to its thirks. objects or affairs.
. (2) A ropy of such additions or amendments to the regulations shall be filed with the Registrar within thirty' days after they are made.
21. Every member of a society may be sued or prose- cuted by the society for any loss or damage caused to the society or its property or for anything done by Lim detrimental to the interests of the society.
212. (1) The Registrar may, by written order, call rn a society to furnish in writing such infonnathin 01 expla- nation withith slug], time. not being less than two-weeks front -the- date of receipt of the ordsr by the society. as he may specify in the order in connection with the affairs of the society or any documents filed by the society under this let.
Members
liable to
bo sued or
prosecuted
as
strangers. Power of Regp-trar to ad' for infornut- tion or exolona- tion.
8
77711-.1- At rest BerI Societies Registm£uon tact, DO/. xxvi
Peecors 234,
(2) On receipt by the society of an order under sub- section (1), it shall be the duty of lie officer ceneetMed_to furnish such infernmtion or explanation. ' •
(3) For failure to comply with an order under scbs section (7), the officer in default shall be punishable with fine which may extend to twenty rupees fur every day during which the failure continues.
23. (7) Where on information received, the State InnoTot/gt :
Government is of opinion that there are circumstances itimirenr - suggesting that (lie business of a society is being conducted 1. society. with intent to defraud its creditors, members or any ()Ulm person, or that the society is guilty of mismanaging its affairs or of any fraudulent or unlawful act, the State Government may appoint a competent person as Inspector to investigate into the affairs of the society or inspect any institution managed by the society and report on mach matters :is Ihe State Government may direct.
(2) It shall be the duty of every officer of the society
. when so required by the Inspector to produce any books and papers of or relating to the society which are in his custody, and otherwise to give to the Inspector all assiss lance in connection .with the investigation or inspection which Ile is reasonably able to give.
(3) An Inspector may call upon and examine on oath 'any officer of the society in relation to the affairs of it,e - society and it shall be the duty of every officer when so called upon to appear before the Inspector for such exami- nation.
(4) On the conclusion of the investigation or inspection,
•as the case may be, the Inspector shall mak2 a report to the Registrar on the matters on which he was directed by the State Government to report.
(5) For refusal to comply with the provisions- of sub- section (2) or sub-section (3), the officer in default shall be punishable with fine which may extend to two hundred aLd ; fifty rupees.
(6) The Registrar shall send the report with his com- ments thereon to the State Government. On perusal of such report and comments of the Registrar the State Govern- ment may give such directions as it may think fit to the society for the removal of any defects or irregularitieS with- in such time as' may he specified and: on the society making 'any default in taking action according to such directions the State Government -may direct the Registrar to move the Court for dissolution of the society.
(7) If on a perusal of the report nod the comments of the Registrar. it appears to the State Goymmuent that atiy person has, in relat;on-In the formation, promotion, manage- ment or conduct of the hnsiness of the 'society,. been guilty
9
monist-0i (§gethiti 24.) of any offence for which he is criminally liable, the State . Government may direct the prosecution of such person for the offence.
(8) The expenses of, and incidental to, an investigation by an Inspector appointed by the State Government shall be defrayed by the State Government.
tion by
reS01
tion.
•
24. (1) A society may be dissolved if by the votes of three-fifths of the members it passes a resolution for such dissolution at a general meeting convened for the purpose.
(2) Where a resolution for dissolution of a society is passed under sub-section (I), the Governing Body shall Lice such steps for the disposal and settlement of the property of the society and its claims and liabilities as it may think fit subject to the regulations of the society, if any.
(3) After all necessary steps have been taken under sub-section (2), the Governing Body shall send a report to the Registrar mentioning if there are any surplus assets.
(4) The Registrar shall thereupon issue a notice in the Official Gazette to the effect that if no objection is received from any claimant, or creditor or any member of the -society within three months from the date of the noticev. the society shall, subject to the provisions of section 27, be dissolved.
(5) If no objection is received within three months as aforesaid, and after the surplus assets, if any, have been disposed of as provided in section 27, the Registrar shall make an order confirming the dissolution of the society and thereupon the society shall stand dissolved. The Registrar shall record the order of dissolution in the register 'main- tained in his office.
(6) If any objection is received from any claimant or creditor within the period of three months as aforesaid the Registrar shall not make an order confirming the dissolution of the society unless he is satisfied that the relevant claim or liability has been duly settled and Hie surplus assets, if any, have been disposed of as provided in section 27. If how- eyer any obiection is received from any member the Registrar shall not make an order confirming the dissolution of the society but shall make an application to the Court under section 25.
(7) Where any Government has made in any manner any contribution to the funds or other assets of a society, such society shall not be dissolved, unless the State Government has given its assent to the dissolution. - -
10
' !'°1n Act't
• (.5c9fithy 25t428.)
25. (1) The Court may, on the application of the Registrar or on the application of not less than one-tenth of the members, make an order for the dissolution of a society in the following cases :—
(q) if there is any contravention by the society of the provisions of this Act;
(h) if the number of members is less than seven;
(c) if the society has ceased to function for more than three years;
(d) if the society is unable to pay its debts or meet its liabilities;
(e) if it is proper that the society should be dissolved.
(2) When an order for the dissolution of a society is made by the Court, dissolution shall take place in such manner as the Court may direct.
26. (1) Where in the opinion of the Registrar there are reasonable grounds to believe that a society is not managing its affairs properly or is not functioning, he shall send -to the society at its registered office a notice by registered post calling upon it to show cause within such ' time as may be specified in the notice why the society shall not be dissolved.
Dissolu-
tion by
Court.
Dissolne
Ron by
Registrar;
(2) If no cause is shown or if the cause shown be con- sidered by the Registrar to be unsatisfactory the Registrar may move the Court under section 25 for making an order fcr the dissolution of the society.
27. If after the disposal and settlement of the property Members of a society and its claims and liabilities, then are any to receive surplus assets, such assets shall not be paid to or distributed no profit amongst the members of the society or any of them but shall '812,Z,Z be given to some other society to be determined—
(a) in the case of a dissolution under section 24, by the votes of three-fifths of the members, or in default thereof, by the Registrar, with the approval of the State Government;
(b) in the case of a dissolution under section 25, by the Court.
28. No person who is an undischarged insolvent or who I/eerie. has been convicted of any offence in connection with the tion on formation, promotion, management or conduct of the affairs bolding of a society, or of a body corporate, or of any offence °Facic'• involving moral turpitude, shall be entitled to be a member of the Governing Bode or the President Secretary, cr any effice-bearer of a society.
11
Inspee. tion of documents and grant of certified copies
thereof.
terms of
gift to be observed. , 12 The West Bengt' Sociages Registration, Act, 1.01. [lest Bea. Act
a2ttroit.; WL135)
29. Any person may inspect any document filed With the Registrar under this Act on payment of a fee of-ore rupee for every inspection; and any person may obtain a copy or extract of any document or any part of any document, certified by the Registiar, on payment of such fee as may be prescribed. Such certified copy shall be admissible as evidence of the matters therein contained in all legal procced:ngs.
30, (1) Where a society accepts a (-rift of any Hod from any person for a specific purpose itr shall not use tie gilt or any part thereof for any other purpose without the written consent of the donor or if the donor be dead, with- out the written, consent of the Registrar. The Registrar shall not give such consent unless lie is satisfied that the purpose for which the gift was made is incapable of execution by the society.
( 2) For any contravention of the provisions of sub- section (1), every officer in default Shall be punishable with
• - fine which may extend • to two hundred and fifty rupees. Gonna- - 31. All communications with a society shall he addressed to the society by name and sent to its registered office.
canons
with a
society.
32. (Vi No prosecution shall be offence under this Act except with the the State Government.
(2) Nothing in sub-section (1) shall No prosee•
cution to
be institu-
ted with-
out pre-
' views
sanction: cution mentioned An section 21. instituted for any
previous sanction of
apply to any prose-
Indemnity. • .33. *No suit, prosecution or proceed ng shall lie it any . - Civil or Criminal Court against the Registrar or against' any Inspector appointed under section 23, and no suit or proceeding shall lie in any Civil Court againstthe State overnment, for anything in gcod kith done -or intended to be done under this Act or the rules.
Limitation. 34. (1) An appeal under this Act may be filed within thirty days of the data of the objection r order appeased against.
(2) The provisions of sections 5 and 12 of the Indian Limitation Act, 1908, shall apply to any appeal under this ix of nos. Act.
Tower to 35. (I) The State Government may make rOes for . • wake rules* carrying out the purposeS of this A.ct,
12
Ale West Ben gal Societies Registration Act, WV: 13 xxvi o1itsi.1
(Section 36.)
(2) In particular and without prejudice to the generality of: the foregoing power, such rules may provide for all or any of the following i_ntters, namely :—
(a) the, procedure for any appeal under this Act to foe State Government and the fee for such appeal, if any;
• (b) the fee, if any, to be paid for filing any document, other than the memorandum and the regulations under sub-section (1) of section 4;
(e) the maintenance of the rep,ister of societies and other books, if any, by the Registrar;
(d) the fee to be paid for obtaining any copy or extract of any document certified by the Registrar.
(3) All fees paid under this Act shall be credited to the Consul:dated Fund of the State.
21 of - MO. 36. (1) The Sccieties Registration Act, 18GO, in its Repeal and application to West Bengal, is hereby repealed. savings.
(2) Any society registered in any place within West Bengal under the Societies Registizifon Art, 1869, shall be deemed to have been registered under this Act, and its principal office shall be deemed to be the registered office of the society:
Provided that—
(a) the memorandum of association and the regulations of any such society shall, if they are teiiu.naut to any of the provismns of this Act nail the ruks, be brought in conformity therewith within six months from the commencement et this Act or within such further period as the Registrar May allow, and thereafter shall to the extent of such repugnancy be deemed to be coil am; of no elect;
(b) tiny officer elected or appointed to an office before the commencement of this Act and holding such office immediately before such commencement shall continue to hold such office until the expiry of his term of office or until such office is terminated:
(c) nothing, in this section shall affect—
(i) any right, privilege, obligation or Lability required, accrued or inctured under the cr 1560. Societies Registration Act, 18G0; anti penalty or punishment incurred in respect uhy °Mince committed under., thiCisaid 4i4.17
13
(lest Ben. Act VI of 1981. (Section. 36.)
(iii)\ any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty or punishment as aforesaid;
(iv) any proceedings in dissolution commenced before the coming into force of this Act;
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty or punishment may be imposed and any such proceedings in dissolution may he continued as if this Act had not been passed.
TVECIP.62/3-6198A-at
14