AP SOCIETIES REGISTRATION ACT,

2001V. SRINIVASULU

DIG REGISTRATIONHYDERABAD

STATEMENT OF OBJECTS

Two laws were existing by name

i) Societies Registration Act, 1860

ii) Andhra Pradesh (Telangana Area) Public Societies Registration Act, 1350 Fasli.

To have comprehensive law and secure uniformity in the State, the new law was enacted.

Wef 10th October, 2001.

Preamble

An Act to consolidate and amend the law relating to the registration of Socieities situated in AP promoting Art, Fine Arts, Charity, Crafts, Religion, Sports, Literature, Culture, Science, Philosophy, Political Education, or any Public Purpose and for matters connected therewith or incidental thereto.

Important Sections

1. Short Title, Extent and Commencement

2. Definitions

3. Societies which may be registered under this Act:- (1) Any Seven or more persons forming a society which has its object the promotion of art, fine art, charity, crafts, religion, sports (excluding games of chance), literature, culture, science, political education, philosophy or diffusion of any knowledge or any public purpose may be registered.

MEMORANDUM

4. Memorandum of Association of Society, Bye-laws to be filed with Registrar.

Memorandum – Name of Society, aims and objects of society, the names, addresses and occupations of the members of the committee, the byelaws of the society.

7 members who are majors shall sign with full details in the presence of two witnesses

BYE-LAWS

Identity of the Society like name, address

Activities of the society

Membership of society – eligibility, admission, withdrawal and termination

General body – meetings, quorum, functions and responsibilities

Office bearers – appointment, election, removal, recall and their responsibilities

Finance – types of funds, appointment of auditors

Settlement of internal matters, dissolution etc

(Section 5)

6. Undesirable names

No contravention of Emblems and Names (Prevention of the improper use) Act, 1950

Within the district – no second society with identical name or nearly resembling.

No society shall contain the following – cooperative; land development, reserve bank, union or State, municipal or Chartered.

Change of Society name – by a special resolution

7. Registration

Fee paid under S.29

Certificate issued by Registrar is conclusive evidence.

Register to be maintained either manual or computer entering all the details of the society so registered.

Refusal to register –Appeal lies to the Registrar General within 60 days

Deemed registration after 60 days

8. Amendments

Special resolution is required:

a) change of objectives

b) amalgamate with any other society

c) divide itself into two or more societies

Special resolution – majority of the total members of the society and not less than 3/5 of the members present and voting.

In other cases – ordinary resolution – half of the members present and voting

Alterations shall be registered or otherwise they are invalid.

Annual lists and registered office

Filing of annual list (S.9)

within 15 days from General Body Meeting

submitting the names of the Managing Committee

Registered Office: (S.10)

within the district where it is registered

every change shall be intimated to Registrar

If started outside the district, then inform both the Registrars

Display the name of the Society in a conspicuous place outside its office.

Register of Members and Accounts

Register of Members (s.11) shall contain name, address, occupation of each member

The date of entry of member

The date on which any person ceased to be the member

Specimen signature of each member

Accounts (12) –Act, Memorandum bylaws, minute book, accounts of sums and expenditure, purchases and sales of goods, assets and liabilities, list of members who got voting rights, audit report, other documents required

Members can inspect the register (13)

Committee and disqualification

Annual general body shall elect a committee consisting of not less than 3 members

Term of the committee not more than 6 years

Submit it to the registrar both elections and changes (S.14)

Disqualification – minor, unsound mind; adjudicated as insolvent, convicted of an offence involving moral turpitude or sentenced by a criminal court (15)

Each member shall be supplied a copy of bye-law (16)

Copies of balance sheet shall be supplied to each member (17)

Body corporate and legal proceedings

The Registration of society render it a body corporate having perpetual succession and a common seal. It is entitled to acquire, dispose property, enter into contracts, institute and defend suits and other legal proceedings. (18)

Legal proceedings shall be instituted or defended by the Committee or officer authorised to do so. (19)

Meetings (s.20)

Byelaws shall specify – frequency, manner of meetings of governing body and general body, but governing body shall meet at least once in every 3 months; and general body once in a year

Minutes to be recorded signed by chairman and communicated to all

Amalgamation and division of societies: special resolution followed by another meeting confirming earlier decision within 30 days (21)

Register of mortgages and charges (22)

Disputes, dissolution and winding up

Arbitration and Conciliation Act, 1996

Or may file an application in the District Court concerned (23)

Dissolution by special resolution (24)

Property of dissolved society delivered to some other society with a similar objective.