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  "title": "SOCIETIES REGISTRATION ACT, 1860",
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  "text": "THE SOCIETIES REGISTRATION ACT, 1860 \r\n(XXI of 1860) \r\nCONTENTS \r\n1. Societies formed by memorandum of association and registration. \r\n2. Memorandum of association. \r\n3. Registration fees. \r\n4. Annual list of managing body to be filed. \r\n5. Property of society how vested. \r\n6. Suits by and against societies. \r\n7. Suits not to abate. \r\n8. Enforcement of judgment against society. \r\n9. Recovery of penalty accruing under bye-law. \r\n10. Members liable to be sued as strangers. \r\n Recovery by successful defendant of costs adjudged. \r\n11. Members guilty of offences punishable as strangers. \r\n12. Societies enabled to alter, extend or abridge their purposes. \r\n13. Provision for dissolution of societies and adjustment of their affairs. \r\n Assent required. \r\n Government consent. \r\n14. Upon a dissolution no member to receive profit. \r\n Clause not to apply to joint-stock companies. \r\n15. Member defined − Disqualified members. \r\n16. Governing body defined. \r\n16-A. Supersession of governing body of a society. \r\n17. Registration of societies formed before Act − Assent required. \r\n18. Such societies to file memorandum, e tc., with Registrar of Joint -stock \r\nCompanies. \r\n19. Inspection of documents − Certified copies. \r\n20. To what societies Act applies. \r\n21. Registration of Deeni Madrassah. \r\n \r\nTEXT \r\nTHE SOCIETIES REGISTRATION ACT, 1860\r\n1\r\n \r\n(XXI of 1860) \r\n[21st May, 1860] \r\nAn \r\nAct \r\nfor the Registration of Literary, Scientific and Charitable Societies. \r\nPreamble.– WHEREAS it is expedient that provision should be made for improving \r\nthe legal condition of societies esta blished for the promotion of literature, science, or \r\nthe fine arts, or for the diffusion of useful knowledge, \r\n2\r\n[the diffusion of political \r\neducation] or for charitable purposes; it is enacted as follows:– \r\n1. Societies formed by memorandum of association an d registration.– Any \r\nseven or more persons associated for any literary, scientific or charitable purpose, or \r\nfor any such purpose as is described in section 20 of this Act, may by subscribing \r\ntheir names to a memorandum of association and filing the same w ith the Registrar \r\nof Joint-stock Companies \r\n3\r\n[* * *] form themselves into a society under this Act. \r\n2. Memorandum of association .– The memorandum of association shall \r\ncontain the following things (that is to say)− \r\n the name of the society: \r\n the objects of the society: \r\n the names, addresses, and occupations of the governors, council, directors, \r\ncommittee or other governing body to who m, by the rules of the society, the \r\nmanagement of its affairs is entrusted. \r\n A copy of the rules and regulations of the society, certified to be a correct \r\ncopy by not less than three of the members of the governing body, shall be filed with \r\nthe memorandum of association. \r\n4\r\n[3. Registration fees.– Upon such memorandum and certified copy being filed, \r\nthe registrar shall certify under his hand that the society is registered under this Act. \r\n                                                           \r\n1Short title given by the Short Titles Act, 1897 (XIV of 1897). \r\nThe Act (with the exception of the first four sections) is based on Literary and Scientific Institutions Act, 1854. \r\nIt has been declared to be in force in all the Provinces and the Capital of the Federation, except the Scheduled Districts, \r\nby s. 3 of the Laws Local Extent Act, 1874 (XV of 1874). \r\nIt has been declared by Notification under s. 3 (a) of the S cheduled Districts Act, 1874 (XIV of 1874), to be in force in the  \r\nfollowing Scheduled Districts Act, namely: − \r\nThe Districts of Hazara, Peshawar, Kohat, Bannu, Dera Ismail Khan and Dera Ghazi Khan. [ Portions of the Districts of \r\nHazara, Bannu, Dera Ismail Khan and Dera Ghazi Khan and the Districts of Peshawar and Kohat now form the N.W.F.P., \r\nsee Gazette of India, 1901, Pt. I, p. 867, and ibid., 1902, Pt. I, p.575]. \r\n2Added by the Societies Registration (Amendment) Act, 1927 (XXII of 1927). \r\n3The words and figures “under Act XIX of 1857” repealed by the Repealing Act, 1874 (XVI of 1874). \r\n4Substituted by the Punja b Finance Act, 1990 (I of 1990); and published in the Punjab Gazette (Extraordinary), dated \r\n28.6.1990, pages 1165-A to 1165-G, s.5 (w.e.f. 1.7.1990). \r\nThere shall be paid to the Registrar for every such registration such fe e as the \r\nProvincial Government may direct, and all fees so paid shall be accounted for to the \r\nProvincial Government.] \r\n4. Annual list of managing body to be filed.– Once in every year, on or before \r\nthe fourteenth day succeeding the day on which, according t o the rules of the \r\nsociety, the annual general meeting of the society is held, or, if the rules do not \r\nprovide for an annual general meeting, in the month of January, a list shall be filed \r\nwith the Registrar of Joint -stock Companies of the names, addresses  and \r\noccupations of the governors, council, directors, committee or other governing body \r\nthen entrusted with the management of the affairs of the society. \r\n5. Property of society how vested .– The property, movable and immovable, \r\nbelonging to a society regis tered under this Act, if not vested in trustees, shall be \r\ndeemed to be vested, for the time being, in the governing body of such society, and \r\nin all proceedings, civil and criminal, may be described as the property of the \r\ngoverning body of such society by their proper title. \r\n6. Suits by and against societies .– Every society registered under this Act \r\nmay sue or be sued in the name of the president, chairman, or principal secretary, or \r\ntrustees, as shall be determined by the rules and regulations of the socie ty, and, in \r\ndefault of such determination, in the name of such person as shall be appointed by \r\nthe governing body for the occasion: \r\n Provided that it shall be competent for any person having a claim or demand \r\nagainst the society, to sue the president or ch airman, or principal secretary or the \r\ntrustees thereof, if on application to the governing body some other officer or person \r\nbe not nominated to be the defendant. \r\n7. Suits not to abate .– No suit or proceeding in any Civil Court shall abate or \r\ndiscontinue by reason of the person by or against whom such suit or proceedings \r\nshall have been brought or continued, dying or ceasing to fill the character in the \r\nname whereof he shall have sued or been sued, but the same suit or proceedings \r\nshall be continued in the name of or against the successor of such person. \r\n8. Enforcement of judgment against society .– If a judgment shall be \r\nrecovered against the person or officer named on behalf of the society, such \r\njudgment shall not be put in force against the property, movab le or immovable, or \r\nagainst the body of such person or officer, but against the property of the society. \r\n The application for execution shall set forth the judgment, the fact of the party \r\nagainst whom it shall have been recovered having sued or having been  sued, as the \r\ncase may be, on behalf of the society only, and shall require to have the judgment \r\nenforced against the property of the society. \r\n9. Recovery of penalty accruing under bye -law.– Whenever by any bye -law \r\nduly made in accordance with the rules an d regulations of the society, or, if the rules \r\ndo not provide for the making of bye -laws, by any bye -law made at a general \r\nmeeting of the members of the society convened for the purpose (for the making of \r\nwhich the concurrent votes of three -fifths of the m embers present at such meeting \r\nshall be necessary), any pecuniary penalty is imposed for the breach of any rule or \r\nbye-law of the society, such penalty, when accrued, may be recovered in any Court \r\nhaving jurisdiction where the defendant shall reside, or th e society shall be situate, \r\nas the governing body thereof shall deem expedient. \r\n10. Members liable to be sued as strangers .– Any member who may be in \r\narrear of a subscription which, according to the rules of the society he is bound to \r\npay, or who shall pos sess himself of or detain any property of the society in a \r\nmanner or for a time contrary to such rules, or shall injure or destroy any property of \r\nthe society, may be sued for such arrear or for the damage accruing from such \r\ndetention, injury or destruction of property in the manner hereinbefore provided. \r\n Recovery by successful defendant of costs adjudged .– But if the \r\ndefendant shall be successful in any suit or other proceeding brought against him at \r\nthe instance of the society, and shall be adjudged to r ecover his costs, he may elect \r\nto proceed to recover the same from the officer in whose name the suit shall be \r\nbrought, or from the society, and in the latter case shall have process against the \r\nproperty of the said society in the manner above described. \r\n11. Members guilty of offences punishable as strangers .– Any member of the \r\nsociety who shall steal, purloin or embezzle any money or other property, or willfully \r\nand maliciously destroy or injure any property of such society, or shall forge any \r\ndeed, bond, security for money, receipt, or other instrument, whereby the funds of \r\nthe society may be exposed to loss, shall be subject to the same prosecution, and, if \r\nconvicted, shall be liable to be punished in like manner as any person not a member \r\nwould be subject and liable to in respect of the like offence. \r\n12. Societies enabled to alter, extend or abridge their purposes .– Whenever \r\nit shall appear to the governing body of any society registered under this Act, which \r\nhas been established for any particular purpos e or purposes, that it is advisable to \r\nalter, extend or abridge such purpose to or for other purposes within the meaning of \r\nthis Act, or to amalgamate such society either wholly or partially with any other \r\nsociety, such governing body may submit the propos ition to the members of the \r\nsociety in a written or printed report and may convene a special meeting for the \r\nconsideration thereof according to the regulations of the society. \r\n But no such proposition shall be carried into effect unless such report shall \r\nhave been delivered or sent by post to every member of the society ten days \r\nprevious to the special meeting convened by the governing body for the \r\nconsideration thereof, nor unless such proposition shall have been agreed to by the \r\nvotes of three -fifths of t he members delivered in person or by proxy, and confirmed \r\nby the votes of three -fifths of the members present at a second special meeting \r\nconvened by the governing body at an interval of one month after the former \r\nmeeting. \r\n13. Provision for dissolution of societies and adjustment of their affairs .– \r\nAny number not less than three -fifths of the members of any society may determine \r\nthat it shall be dissolved, and thereupon it shall be dissolved forthwith, or at the time \r\nthen agreed upon, and all necessary step s shall be taken for the disposal and \r\nsettlement of the property of the society, its claims and liabilities, according to the \r\nrules of the said society applicable thereto, if any, and, if not, then as the governing \r\nbody shall find expedient, provided that,  in the event of any dispute arising among \r\nthe said governing body or the members of the society, the adjustment of its affairs \r\nshall be referred to the principal Court of original civil jurisdiction of the district in \r\nwhich the chief building of the society is situate; and the Court shall make such order \r\nin the matter as it shall deem requisite: \r\n Assent required.– Provided that no society shall be dissolved unless three -\r\nfifths of the members shall have expressed a wish for such dissolution by their votes \r\ndelivered in person, or by proxy, at a general meeting convened for the purpose: \r\n Government consent .– Provided that \r\n5\r\n[whenever any Government] is a \r\nmember of or a contributor to, or otherwise interested in, any society registered \r\nunder this Act, such socie ty shall not be dissolved \r\n6\r\n[without the consent of the \r\nGovernment of the Province of registration]. \r\n14. Upon a dissolution no member to receive profit.– If upon the dissolution of \r\nany society registered under this Act there shall remain after the satisfact ion of all its \r\ndebts and liabilities any property whatsoever, the same shall not be paid to or \r\ndistributed among the members of the said society or any of them, but shall be given \r\nto some other society, to be determined by the votes of not less than three -fifths of \r\nthe members present personally or by proxy at the time of dissolution, or in default \r\nthereof, by such Court as aforesaid: \r\n Clause not to apply to joint -stock companies .– Provided, however, that \r\nthis clause shall not apply to any society which sha ll have been founded or \r\nestablished by the contributions of shareholders in the nature of a Joint -stock \r\nCompany. \r\n15. Member defined − Disqualified members .– For the purposes of this Act a \r\nmember of a society shall be a person who, having been admitted ther ein according \r\nto the rules and regulations thereof, shall have paid a subscription or shall have \r\nsigned the roll or list of members thereof, and shall not have resigned in accordance \r\nwith such rules and regulations; but in all proceedings under this Act no  person shall \r\nbe entitled to vote or to be counted as a member whose subscription at the time shall \r\nhave been in arrear for a period exceeding three months. \r\n16. Governing body defined .– The governing body of the society shall be the \r\ngovernors, council, directors, committee, trustees or other body to whom by the rules \r\nand regulations of the society the management of its affairs is entrusted. \r\n7\r\n[16-A. Supersession of governing body of a society .– (1) Notwithstanding \r\nanything contained in the memorandum of asso ciation, rules or regulations of a \r\nsociety registered under this Act, if, after such inquiry as may be necessary, the \r\nProvincial Government is of the opinion that the governing body of the society− \r\n(a) is unable to discharge or persistently fails in discharging its duties, or \r\n                                                           \r\n5Substituted for the words “whenever the Government.” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; \r\nand published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 and Schedule.  \r\n6Substituted ibid., for the words “without the consent of Government.” \r\n7Substituted by the Conformity with Fundamental Rights (Punjab Amendment of Laws) Act, 1976 (IX of 1976); and published in \r\nthe Punjab Gazette (Extraordinary) dated 28.4.1976, pages 933 -935, s.2, schedule;  which w as inserted by the Societies \r\nRegistration (West Pakistan Amendment) Ordinance, 1962 (IX of 1962); and published in the Gazette of West Pakistan \r\n(Extraordinary), dated 12.4.1962, pages 1571-1572, s.2.  \r\n(b) is unable to administer its affairs or meet its financial obligations, or \r\n(c) generally acts in a manner contrary to public interest or t he interests of \r\nthe members of the society, \r\nthe Provincial Government may, by notification in the Official Gazette, declare \r\nthe governing body to be superseded for such period, not exceeding one year, as \r\nmay be specified in the notification. \r\n \r\n8\r\n[Provided that the declaration shall not be made without giving to the society \r\nto be affected thereby an opportunity of being heard.] \r\n (2) On the publication of a notification under sub-section (1),− \r\n(a) the office -bearers and other members of the governing body shall \r\ncease to hold office; and \r\n(b) all functions of the governing body shall, during the period of \r\nsupersession, be performed by a governing body constituted by the \r\nProvincial Government from among the members of the society. \r\n (3) On the expiry of the period of supersession, the governing body of the \r\nsociety shall be reconstituted in accordance with its memorandum of association,  \r\nrules and regulations.] \r\n17. Registration of societies formed before Act  Assent required .– Any \r\ncompany or society established for a literary, scientific or charitable purpose, and \r\nregistered under \r\n9\r\nAct XLIII of 1850, or any such society established and con stituted \r\npreviously to the passing of this Act but not registered under the said \r\n10\r\nAct XLIII of \r\n1850, may at any time hereafter be registered as a society under this Act; subject to \r\nthe proviso that no such company or society shall be registered under this Act unless \r\nan assent to its being so registered has been given by three -fifths of the members \r\npresent personally, or by proxy, at some general meeting convened for that purpose \r\nby the governing body. \r\n In the case of a company or society registered under \r\n11\r\nAct XLIII of 1850, the \r\ndirectors shall be deemed to be such governing body. \r\n In the case of a society not so registered, if no such body shall have been \r\nconstituted on the establishment of the society, it shall be competent for the \r\nmembers thereof, upon due notice, to create for itself a governing body to act for the \r\nsociety thenceforth. \r\n18. Such soci eties to file memorandum, etc., with Registrar of Joint -Stock \r\nCompanies.– In order to any such society as is mentioned in the last preceding \r\nsection obtaining registry under this Act, it shall be sufficient that the governing body \r\nfile with the Registrar of Joint -stock Companies \r\n12\r\n[* * *] a memorandum showing the \r\nname of the society, the objects of the society, and the names, addresses and \r\n                                                           \r\n8Added by the Societies Registration (Amendmen t) Ordina nce, 1984 (XV of 1984); and published in the Punjab Gazette \r\n(Extraordinary), dated 16.12.1984. \r\n9Subsequently replaced by the Indian Companies Act, 1866 (X of 1866), section 219. \r\n10Ibid. \r\n11Ibid. \r\n12The words and figures “under Act XIX of 1857,” repealed by the Repealing Act, 1874 (XVI of 1874). \r\noccupations of the governing body, together with a copy of the rules and regulations \r\nof the society certified as provided in section 2, and a copy of the report of the \r\nproceedings of the general meeting at which the registration was resolved on. \r\n19. Inspection of documents−Certified Copies .– Any person may inspect all \r\ndocuments filed with the registrar under this Act on payment of a fee of one rupee for \r\neach inspection, and any person may require a copy or extract of any document or \r\nany part of an y document, to be certified by the registrar, on payment of two annas \r\nfor every hundred words of such copy or extract; and such certified copy shall be \r\nprima facie evidence of the matters therein contained in all legal proceedings \r\nwhatever. \r\n20. To what soc ieties Act applies .– The following societies may be registered \r\nunder this Act:– \r\n Charitable societies, \r\n13\r\n[* * *] societies established for the promotion of science, \r\nliterature, or the fine arts, for instruction, the diffusion of useful knowledge, \r\n14\r\n[the \r\ndiffusion of political education], the foundation or maintenance of libraries or reading \r\nrooms for general use among the members or open to the public, or public museums \r\nand galleries of painting and other works of art, collections of natural history, \r\nmechanical and philosophical inventions, instruments, or designs. \r\n15\r\n[21. Registration of Deeni Madaris.– (1) All Deeni Madaris, by whatsoever name \r\ncalled, shall not operate without getting themselves registered: \r\n Provided that the Deeni Madaris, which are establish ed after the \r\ncommencement of this Act, shall get themselves registered within one year of their \r\nestablishment. \r\nExplanation.– One Deeni Madrassah, having more than one campus, shall need \r\nonly one registration. \r\n (2) Every Deeni Madrassah shall submit annual report of its educational \r\nactivities to the Registrar. \r\n (3) Every Deeni Madrassah shall cause to be carried out audit of its \r\naccounts by an auditor and submit a copy of its audit report to the Registrar. \r\n (4) No Deeni Madrassah shall teach or publish any l iterature which \r\npromotes militancy or spreads sectarianism or religious hatred: \r\n Provided that nothing contained herein shall bar the comparative study of \r\nvarious religions or schools of thought or the study of any other subject covered by \r\nthe Holy Quran, Sunnah or the Islamic jurisprudence. \r\nExplanation.– In this section “Deeni Madrassah” means a religious institution and \r\nincludes a Jamia, Dar -ul-Uloom, School, College, University or called by any other \r\nname, established or operated primarily for the purpos es of imparting religious \r\neducation, which provides boarding and lodging facilities.] \r\n                                                           \r\n13The words “the military orphan funds or societies established at the several presidencies of India” omitted by the Adaptation of \r\nCentral Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949) ; and published in the Gazette of  Pakistan (Extraordinary), dated \r\n28.3.1949, Pages 223-283, see Article 3 & the Schedule. \r\n14Inserted by the Societies Registration (Amendment) Act, 1927 (XXII of 1927). \r\n15Substituted section 21 by the Societies Registration (Amendment) Act 2006 (VII of 2006);  and published in the Punjab \r\nGazette (Extraordinary) dated 10.7.2006, pages 91-92, s.2, which was inserted by the Societies Registration (Amendment) Act \r\n2005 (XIII of 2005); and published in the Punjab Gazette (Extraordinary) dated 8.11.2005, pages s.1655-1656.",
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