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REGISTERED NO. DL—(N)04/0007/2003—26
The Gazette of India
CG-DL-E-15052026-272607
EXTRAORDINARY
PART II—Section 1
PUBLISHED BY AUTHORITY
No. 17] NEW DELHI, FRIDAY, MAY 15, 2026/VAISAKHA 25, 1948 (Saka)
Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 15th May, 2026/Vaisakha 25, 1948 (Saka)
The Following Act of Parliament received the assent of the President on the
6th April, 2026 and is hereby published for general information:—
THE DADRA AND NAGAR HAVELI AND DAMAN AND DIU
REGISTRATION OF SOCIETIES REGULATION, 2026
NO. 4 OF 2026
Promulgated by the President in the Seventy-seventh Year of the Republic of India.
A Regulation to consolidate the laws relating to the registration and regulation of
societies in the Union territory of Dadra and Nagar Haveli and Daman and
Diu, for promoting art, fine arts, charity, craft, culture, education, literature,
philosophy, political education, religion, sports, science and for any public or
charitable purpose, and for matters connected therewith or incidental thereto.
In exercise of the powers conferred by article 240 of the Constitution, the
President is pleased to promulgate the following Regulation made by her:-
CHAPTER I
PRELIMINARY
1. (1) This Regulation may be called the Dadra and Nagar Haveli and Daman
and Diu Registration of Societies Regulation, 2026.
(2) It extends to the whole of the Union territory of Dadra and Nagar Haveli
and Daman and Diu.
Short title,
extent and
commencement.
Definitions.
(3) It shall come into force on such date, as the Administrator, may, by
notification in the Official Gazette, appoint and different dates may be appointed for
different provisions of this Regulation.
2. In this Regulation, unless the context otherwise requires,—
(a) "Administrator" means the Administrator of the Union territory of
Dadra and Nagar Haveli and Daman and Diu;
(b) "bye-laws" means the bye-laws of a society;
(c) "defunct society” means a society which is not carrying on any
business or operation, or has not filed its annual or other returns with the
Registrar continuously for such period, as may be notified;
(d) "district" means a revenue district notified by the Government under
the Registration Act, 1908;
(e) "District Registrar” means an officer appointed under sub-section (3)
of section 3;
(f) "document" means and includes the register of members, books of
account, returns, annual returns, other statutory registers, summons, notice,
requisition, order or other legal processes, whether issued or kept in pursuance
of this Regulation or any other Regulation or any other law for the time being
in force in the Union territory of Dadra and Nagar Haveli and Daman and Diu;
(g) "due date" means the date on which the term of a Governing Body
of a society expires and by which the elections of the successor body shall be
completed;
(h) "financial year" means the period commencing from the 1st day of
the month of April of a year and ending with the 31st day of the month of
March of the following year;
(i) “General Body" means the body of all members of a society as
specified in section 15;
(j) "Governing Body" means the body of members elected by the
General Body as specified in sub-section (1) of section 17;
(k) "Government” means the Union territory Administration of Dadra
and Nagar Haveli and Daman and Diu, headed by the Administrator appointed
under article 239 of the Constitution, by the President of India;
(l) "major" means a person who has completed the age of eighteen years;
(m) "member" means a person who fulfils the eligibility criteria for
becoming a member of a society as specified in section 10 and has been
admitted as a member of the society in accordance with its bye-laws;
(n) "Memorandum" means the memorandum of association of a society
in accordance with the provisions of this Regulation;
(o) "notification” means a notification published in the Official Gazette
and the expression “notified” shall be construed accordingly;
(p) "office-bearer" means and includes the President, Vice-President,
Secretary, Joint Secretary, Manager, Treasurer or any other member of the
Governing Body empowered under the bye-laws to give directions in regard
to the conduct of business of the society;
(q) "Official Gazette" means the Official Gazette of the Union territory
of Dadra and Nagar Haveli and Daman and Diu;
(r) "prescribed" means prescribed by rules made under this Regulation;
16 of 1908.
(s) "public notice” means a notice published in at least two newspapers
largely circulating in the area, of which one shall be in vernacular, and copy
of which is also displayed on the notice board of the office of the District
Registrar;
(t) "Registrar" means the Registrar of Societies appointed under
sub-section (2) of section 3;
(u) "Registrar General" means the Registrar General of Societies
appointed by the Government under sub-section (1) of section 3;
(v) "rules" means the rules made under this Regulation;
(w) "society” means a society duly registered under the provisions of
section 8;
(x) "special resolution” means a resolution passed in a meeting of the
General Body, in which at least forty per cent. of the members entitled to vote
are present and the resolution is approved by at least three-fifths of the
members so present and voting; and
(y) "State-aided society" means a society, which is in receipt of any
recurring grant or financial aid from the Government, or a local body, or any
of its entities, to manage its facilities or institutions established in accordance
with the objectives set out in its Memorandum or its bye-laws and shall include
a society where any one or more of its institutions are receiving such aid.
CHAPTER II
OFFICERS OF SOCIETY
3. (1) The Government may, by order published in the Official Gazette,
appoint an officer not below the rank of Secretary, as the Registrar General of
Societies, who shall exercise such powers and perform such duties and functions, as
are conferred upon him by or under this Regulation.
(2) The Government may, by order, appoint-
(a) a Group 'A' officer of the Government not below the rank of Joint
Secretary, as the Registrar of Societies; and
(b) other officers of the Government, not below the rank of Group 'B'
officer, as Additional Registrar or Joint Registrar, to assist the Registrar in the
discharge of his functions and empower them to exercise such powers and
perform such duties and functions, as may be assigned to them, from time to
time.
(3) The Government may further appoint District Registrars not below the
rank of Group 'B' officer in the Government, to exercise such powers and perform
such duties and functions, as may be assigned to them under this Regulation, in
respect of the territorial jurisdiction of one or more districts.
(4) The Government may also appoint certain officers not below the rank of
Group 'B' officer of the Government as Deputy District Registrars or Assistant
District Registrars as per relevant service rules or terms of employment and
empower them to perform such duties and functions, as may be assigned to them,
from time to time.
(5) The officers appointed under this section shall exercise the powers and
perform the duties and functions as may be assigned to them under the overall
administrative control and superintendence of the Government.
Registrar
General, other
officers and
their powers.
Registrar
General and
other officers to
be public
servants.
Protection of
action taken in
good faith.
Aims, objects
and composition
of society.
4. Every officer exercising or authorised to exercise powers under this
Regulation or the rules made thereunder shall be deemed to be a public servant
within the meaning of clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023
and clause (c) of section 2 of the Prevention of Corruption Act, 1988.
5. No suit, prosecution or other legal proceedings shall lie against the Registrar
General or any official subordinate to him or acting under his authority, in respect
of anything done by him or purporting to have been done by him in good faith under
this Regulation.
CHAPTER III
AIMS AND OBJECTS OF SOCIETY
6. Any seven or more persons associated for—
(a) any literary, scientific or charitable purpose; or
(b) military orphan funds; or
(c) the promotion of science, literature, or the fine arts for instruction,
the diffusion of useful knowledge, the diffusion of political education; or
(d) the foundation or maintenance of libraries or reading rooms for
general use among the members or open to the public; or
(e) public museums and galleries of paintings and other works of art,
collections of natural history, mechanical and philosophical inventions,
instruments, or designs; or
(f) the promotion of conservation and sustainable use of natural
resources such as, land, water, forests and wildlife; or
(g) the formation of welfare associations of flats, tenements,
condominiums or floor space owners,
may, by subscribing their names to a Memorandum of Association, and filing the
same with the Registrar General, form themselves into a society under this
Regulation.
45 of 2023.
49 of 1988.
Application for
registration of
society and
society not to
be registered
with identical
names.
CHAPTER IV
REGISTRATION OF SOCIETY
7. (1) Every application for approval of the name of a society and for its
registration shall be filed with the District Registrar, in whose jurisdiction the
registered office of such society is situated, along with the Memorandum and the
bye-laws prepared in accordance with the provisions of this Regulation and
containing all such particulars, in such form, on payment of such fee and in such
manner, as may be prescribed:
Provided that if the proposed name is identical with that by which any other
existing society referred to in sub-section (3) of section 61 has been registered or,
in the opinion of the Registrar, so nearly resembles such name as to be likely to
deceive the public, the Registrar shall refuse to register the name.
(2) No society shall be registered with a name which contravenes the
provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950.
(3) Except with the previous approval of the Government in writing, no society
shall be registered by a name which contains any of the following expressions,
namely:-
(a) "co-operative or land development"; or
(b) "Reserve Bank"; or
12 of 1950.
21 of 2000.
(c) "Union" or "State” or “national” or “international” or “universal" or
any word expressing or implying the sanction, approval or patronage of the
Central Government or any State Government or Union territory
Administration; or
(d) "Municipal" or "Panchayat” or “chartered"; or
(e) "Investigation Bureau" or any other word which suggests or is
calculated to suggest connection with any municipality, statutory,
investigating or intelligence agency or other local authority.
8. (1) The District Registrar shall, after scrutiny of the application filed under
sub-section (1) of section 7 and the documents presented before him, if is satisfied
that the applicant has complied with all the provisions of this Regulation and the
rules made thereunder, he shall enter the particulars of the society registered in a
register maintained by him in physical or electronic form and issue a certificate of
registration in such form and manner, as may be prescribed.
Explanation. For the purposes of this sub-section, the expression “electronic
form" shall have the same meaning as assigned to it in clause (r) of sub-section (1)
of section 2 of the Information Technology Act, 2000.
(2) The District Registrar may, for reasons to be recorded in writing, refuse to
register a society and shall communicate the same to the applicant.
(3) The District Registrar shall decide an application filed under
sub-section (1) within such period as may be prescribed in this behalf.
(4) Every society registered under this section shall be assigned a distinct
registration number.
(5) Every existing society shall apply to the District Registrar for obtaining a
new registration number within a period of one year from the date of
commencement of this Regulation or such further period, as the Government may,
by notification specify, in such form and manner, as may be prescribed.
(6) Where an existing society has not applied for obtaining a new registration
number under sub-section (5) within a period specified therein, then such existing
society shall apply for obtaining new registration on payment of such fee, as may
be prescribed, within a period of six months from the date of expiry of the period
specified in the said sub-section, and if the society fails to apply for new registration
number within such extended period, the registration of that existing society shall
be treated as cancelled.
(7) A certificate of registration issued by the District Registrar shall be
conclusive proof that the society mentioned in it is duly registered, unless proved
otherwise.
(8) Every society registered under this Regulation shall prominently display
its name along with registration number outside its registered office or any other
place where it is carrying on its business or operations, and shall have a seal with its
name engraved thereon.
(9) Every society registered under this Regulation shall be a legal entity, by
the name in which it has been registered, having perpetual succession and a common
seal, with the power, subject to the provisions of this Regulation, to acquire, hold
and dispose of property, both movable and immovable, and to contract and to
institute and defend suits and other legal proceedings and to do all other things
necessary for the furtherance of the aims of the society for which it has been
registered.
(10) In this section, “existing society" means a society referred to in
sub-section (3) of section 61.
Registration.
Change of name
and address.
Eligibility
conditions for
becoming
member.
Register of
members.
9. (1) Every society shall have a registered office situated at any place in the
district in which it is registered, to which all communications and notices shall be
addressed.
(2) Every society shall obtain approval from the District Registrar for change
of its name or address within thirty days of such change, and the District Registrar
shall record such change of name or address in the certificate of registration and the
register of societies.
(3) Any change of the registered office of a society to a place outside the
district in which it is registered, shall be intimated to the District Registrars of both
the districts.
(4) The change of name by any society shall not affect its rights and liabilities
or any legal proceedings, by or against it.
CHAPTER V
MEMBERSHIP OF SOCIETY
10. (1) A person shall be eligible to become a member of a society, if he—
(a) is a major of age as on the date of admission;
(b) subscribes to the aims and objects of the society;
(c) has deposited the membership fee as specified in the bye-laws of the
society; and
(d) is not an insolvent or of unsound mind or have not been convicted of
an offence involving moral turpitude, punishable with imprisonment of one
year or more.
(2) A partnership firm, whether registered or not, or a body corporate of
whatever description, shall not be eligible to be a member of a society under
sub-section (1).
(3) Nothing contained in sub-section (2) shall prevent a partner as defined in
section 4 of the Indian Partnership Act, 1932 or, a member or shareholder of a body
corporate, to become a member in his individual capacity.
11. (1) Every society shall maintain a register of its members at its registered
office and shall enter therein the particulars of admission or removal of any member
or the cessation of any membership, within fifteen days of such admission or
removal or the cessation of membership, as the case may be, in such form and
manner, as may be prescribed.
(2) Every society shall file a copy of the register of members maintained by it
with the District Registrar, if not filed by it at the time of registration, within sixty
days from the date of its registration.
(3) The society shall file an updated list of members, duly certified by the
authorised officer of the society, separately showing the inclusions and deletions, if
any, every year within a period of sixty days from the close of the financial year in
the office of the Registrar, in such manner as may be prescribed.
(4) The register of members shall be kept open at the registered office of the
society and remain accessible to any officer of the office of District Registrar,
Registrar, Registrar General or any member of the society, during its business hours.
(5) Every person, who is a member of the society on the date of notification
of elections, shall have the right to exercise his vote in person, subject to the
condition that he is not being in arrears of membership fees or annual subscription
for such period as may be prescribed.
9 of 1932.
Cessation of
membership.
Memorandum.
Amendment in
Memorandum
and bye-laws.
(6) Every member shall, after giving reasonable notice, have the right to
inspect the books of account and books containing the minutes of proceedings of
meetings, on any working day during business hours.
12. A member, admitted to a society, shall cease to be so in the following
events, namely:—
(a) upon submission and acceptance of his resignation; or
(b) if he ceases to fulfil the eligibility condition for being admitted as a
member as mentioned in section 10; or
(c) upon his failure to pay membership fee or annual subscription fee
continuously for such period as may be prescribed; or
(d) upon the death of a member:
Provided that in case of a housing society or a resident welfare
association registered as a society for the operation, management and
maintenance of facilities for the residents or civic amenities of any defined
area, the nominee or the legal heir of such member shall be enrolled as a
member subject to fulfilment of qualifications and eligibility conditions as laid
down in the bye-laws and the provisions of this Regulation.
CHAPTER VI
MEMORANDUM AND BYE-LAWS OF SOCIETY
13. (1) The Memorandum shall state-
(a) the name of the society;
(b) the aims and objects of the society;
(c) the names, addresses and occupations of the members of the first
Governing Body to whom the management of its affairs is entrusted under the
bye-laws; and
(d) the address of the registered office of the society.
(2) The Memorandum and bye-laws, certified to be a true copy by not less
than three members, shall be filed with the Registrar at the time of registration of
the society.
14. (1) A society may, by a special resolution of the Governing Body, amend
the provisions of its Memorandum with respect to—
(a) change in name of society; or
(b) change in the aims and objects of the society, as may be permissible
under this Regulation.
(2) A society may amend its bye-laws by a special resolution.
(3) Any special resolution passed under sub-section (1) or sub-section (2) shall
be filed with the District Registrar within thirty days from the date of approval
thereof and the District Registrar may, if he is satisfied that the same is in accordance
with the provisions of this Regulation and the rules made thereunder, register the
amendments so made and any such change shall have no effect until it has been so
registered.
(4) If the District Registrar refuses to register the amendments made in the
Memorandum or the bye-laws of a society under sub-section (3), he shall
communicate the reasons therefor in writing within a period of sixty days of filing
of the special resolution by the society, and the special resolution so passed by the
society shall have no effect:
General Body.
Meetings of
General Body.
Governing
Body, its
office-bearers,
powers and
functions.
Provided that if the District Registrar fails to communicate the reasons within
sixty days, the special resolution shall be deemed to have been registered by him.
(5) Notwithstanding anything contained in this Regulation or the rules made
thereunder, if the Registrar considers that an amendment of the Memorandum or
bye-laws is necessary or desirable to bring the same in conformity with the
provisions of this Regulation or the rules made thereunder, he may, by an order in
writing, direct the society to make such amendment within such time, as may be
specified, in such order and the same shall be final and binding on the society and
its members.
CHAPTER VII
GENERAL BODY AND GOVERNING BODY
15. (1) The total number of persons admitted as members of a society in
accordance with the provisions of this Regulation shall constitute its General Body.
(2) Every society shall specify in its bye-laws the composition of its General
Body, its powers, functions and duties, the periodicity of and the quorum for the
meetings, the manner of recording its proceedings and all other matters relating to
the affairs of the General Body.
(3) The quorum for the meeting of the General Body shall not be less than
forty per cent. of the total members entitled to vote and present in person, subject to
a minimum of four members.
(4) Every member shall have one vote and shall cast his vote in person or
digitally.
16. (1) An annual general meeting of the General Body, may be held as and
when required:
Provided that at least one meeting of the General Body shall be held in every
financial year in which the annual accounts of the society, duly audited, shall be
placed before the members for approval.
(2) A clear notice of fourteen days of every meeting shall be given to the
members of the General Body, before the date appointed for the meeting and a copy
of such notice along with the business to be transacted during the general meeting
shall also be endorsed to the Registrar.
17. (1) The members of the General Body shall elect the Governing Body (by
whatever name called), consisting of not less than three and not exceeding
twenty-one members.
(2) The office-bearers of the Governing Body shall comprise of the President,
Secretary and Treasurer as a minimum, and other office-bearers shall be as specified
in the bye-laws.
(3) The society shall file the list of the elected office-bearers with the District
Registrar within a period of thirty days of holding of the elections for the Governing
Body, in such manner as may be prescribed.
(4) The tenure of the Governing Body shall not exceed three years and the
matters pertaining to re-election of any office-bearer shall be regulated in
accordance with the bye-laws.
(5) Every society shall maintain a register showing the names, addresses and
occupation of the persons appointed or elected as office-bearers and shall file with
the District Registrar,-
(a) a copy of such register within a period of thirty days from the date of
appointment or election of the office-bearers;
Meetings of
Governing
Body.
Record of
proceedings.
Supply of
balance-sheet or
statement of
accounts.
Acquisition of
movable and
immovable
property.
Property how
vested.
(b) a notice of every change in the office-bearer within a period of thirty
days from the date of such change; and
(c) the details of the office-bearers along with the annual return.
(6) The constitution of the Governing Body, appointed or elected for the first
time or thereafter, shall be valid only upon approval thereof by the District Registrar
and its tenure shall commence from the date of its approval.
(7) The District Registrar shall communicate the approval for the constitution
of Governing Body, appointed or elected for the first time or thereafter, within a
period of thirty days from the date of receipt of such application for approval, failing
which, it shall be deemed to be approved.
18. (1) The meetings of the Governing Body may be held as and when
required:
Provided that the Governing Body shall meet once in every quarter and hold
at least four meetings in a financial year.
(2) A clear notice of three days of every meeting of the Governing Body shall
be given by the Secretary of the Governing Body to the office-bearers before the
date appointed for the meeting:
Provided that the Governing Body may meet at shorter notice, wherever so
required, with the consent of at least fifty per cent. of its members.
19. (1) The society shall maintain record of the minutes of proceedings of
every meeting of the General Body and Governing Body in the proceedings book
separately maintained for this purpose and such minutes shall be signed by the
President and Secretary of the society.
(2) In case the minutes of the meeting are not signed by the President for any
reasons, whatsoever, the Governing Body may authorise any of the office-bearer to
sign such minutes.
(3) The minutes of every meeting of the Governing Body or the General Body,
as the case may be, shall be placed for confirmation in its succeeding meeting of
such body.
(4) Any resolution passed by the Governing Body or the General Body, as the
case may be, during any of its meetings, which is not consistent with the provisions
of this Regulation, or the rules made thereunder, or the bye-laws, shall be invalid.
(5) No act or proceedings of a society or any of its office-bearer shall be
deemed to be invalid merely on the ground of any vacancy or defect in the
organisation of the society.
20. Every society shall supply a copy of the balance-sheet or a statement of
accounts together with the report of the auditor to every member of the General
Body along with the notice of the annual general meeting and the same shall also be
uploaded on the website of the society.
CHAPTER VIII
PROPERTY AND FUNDS OF SOCIETIES
21. Every society registered under this Regulation may acquire movable or
immovable property, on free-hold or on lease basis, from and out of its funds, or
donations, grants or loans, in accordance with its bye-laws.
22. All properties, movable and immovable, belonging to a society, whether
acquired before or after its registration, shall vest in the society, and any such
property may be referred to as the property of such society in any legal proceeding:
Restrictions on
sale or transfer
of immovable
property.
Provided that in case a housing society or a resident welfare association
registered as a society for the operation, management and maintenance of facilities
for the residents or civic amenities of any defined area, the property may vest in the
members or their successor-in-interest who have contributed for acquisition of such
property:
Provided further that where a society accepts a gift or donation of money or
property of any other kind from any person or institution for a specific purpose, it
shall use such money or property gifted or donated or any part thereof only for the
purpose for which it has been so gifted or donated and for no other purpose.
23. (1) Every society registered under this Regulation shall be competent to
sell, transfer or alienate any of its immovable properties subject to the following,
namely:-
(a) in case the immovable property is acquired from the Government, or
any of its instrumentalities or a municipal body or gram panchayat or any other
authority, with the prior written permission of the Government;
(b) in case the immovable property is acquired by means of a conditional
gift or conditional donation from any source, in accordance with such
conditions and subject to the prior permission of donor or his authorised
representative and in case the donor is not alive and has left no such authorised
representative, with the prior permission of the District Registrar;
(c) in case the immovable property is acquired by the society from and
out of its own resources or funds or borrowings, with the prior permission of
the General Body, by a special resolution.
(2) The Governing Body shall determine the reserve price of any immovable
property referred to in sub-section (1), which shall not be less than the applicable
Collector rates, before its disposal, so as to ensure that it is not sold or transferred at
an undervalued consideration.
(3) The expression “Collector rates," referred to in sub-section (2), commonly
known as circle rate or ready reckoner rates, means the minimum price value set by
the Government to determine the stamp duty and registration charges in specified
areas, based on factors such as location, market trends and infrastructure.
(4) The proceeds from the transfer or sale of any immovable property of the
society, wherever conducted in accordance with the provisions contained in this
section, shall be immediately deposited in the account of the society, but not later
than three working days from the date of receipt of transfer or sale proceeds, as the
case may be.
(5) Where any office-bearer of the Governing Body indulge in violation of the
provisions contained in sub-section (1) or sub-section (2) or sub-section (4), the
District Registrar shall be competent to take any or all of the following actions,
namely:-
(a) where the amount of consideration is not deposited in the account of
the society within three working days, direct such office-bearer to pay interest
out of his own funds at the rate of twenty-four per cent. for the period it
remained in his possession, but such period shall in no case be more than thirty
days;
(b) where the immovable property has been sold or transferred at an
undervalued price, recover the difference assessed on the basis of Collector
rates from the erring office-bearer and deposit the same in the account of the
society;
Investment of
funds.
Maintenance of
books of
account.
Audit.
(c) where the immovable property has been disposed of without the
permission as required under sub-section (1), or without complying with the
conditions applicable, recover the amount along with any additional amount
as assessed on the basis of Collector rates, from the concerned office-bearer
and deposit the same with the allotting authority.
(6) Where the recovery of any amount is due from any erring office-bearer
under sub-section (5) in the course of enforcement, and such erring office-bearer
fails to deposit the said amount within the period specified in the said sub-section,
the District Registrar shall be competent to recover such amount as arrears of land
revenue.
(7) Nothing in this section shall absolve the office-bearer from criminal action.
24. Every society, to such extent and under such conditions, as may be
permitted under its bye-laws, from time to time, invest or deposit any portion of its
funds not immediately required-
(a) in immovable properties; or
(b) in securities of the Government or in National Savings Certificates
or other securities of the Government of India; or
(c) in the post office savings bank account; or
(d) in a special account opened by the society for the purpose in—
(i) a Scheduled Bank as authorised or notified by the Reserve Bank
of India; or
(ii) a co-operative bank situated in the Union territory; or
(iii) such other mode of investment, as may be prescribed.
CHAPTER IX
ACCOUNTS, AUDIT AND FILING OF DOCUMENTS
25. (1) Every society shall keep proper books of account such as cash book,
ledger, and the like as required by the Income-tax laws or the books as per the
standards laid down by the Institute of Chartered Accountants of India, at its head
office or such other places as may be determined by the Registrar General, with
respect to-
(a) all sums of money received and expended by the society; and
(b) the assets and liabilities of the society.
(2) The books of account, returns and registers shall be verified and signed by
at least two office-bearers, as may be authorised by the Governing Body.
(3) The books of account shall be open to inspection during the business hours
by the Registrar General or Registrar or District Registrar, or any officer authorised
by him.
26. (1) Every society shall get its annual accounts audited from an auditor who
is a member of the Institute of Chartered Accountants of India, constituted under the
Chartered Accountants Act, 1949 or the auditor of the Union territory, Co-operative
Department.
(2) The auditor referred to in sub-section (1) shall not be a member of the
Governing Body or family member of any of the office-bearer.
38 of 1949.
Annual returns
and other
returns.
Amalgamation
or division of
societies.
27. (1) Every society shall file the following returns, in such form and manner
as may be prescribed, with the District Registrar within thirty days of holding the
annual general meeting, namely:-
(a) a list of the members duly certified by the President and the
Secretary, as on the 31st March of the year, separately showing the deletions
and additions during the previous year;
(b) a list of the office-bearers along with their names, addresses and
occupations separately showing the deletions and additions, if any;
(c) an annual report on the working of the society by the Governing Body
duly certified by the President and the Secretary;
(d) a copy each of the balance-sheet, receipt, expenditure statement and
the report of the auditor duly certified by him; and
(e) a copy of the special resolution, as and when passed.
(2) Any society which is required to submit any statement or returns specified
in sub-section (1) within the time specified therein, fails to do so, the District
Registrar or Registrar may depute an officer to prepare the necessary statement or
return:
Provided that in such cases, it shall be competent for the Registrar to
determine, with reference to the time involved in the work and the emoluments of
the officer deputed to do it, the charges which the society concerned should pay to
the Registrar General or Registrar and to direct its recovery from the society.
CHAPTER X
AMALGAMATION AND DIVISION
28. (1) Any two or more societies, after passing special resolutions for
amalgamating with each other, shall move an application along with copy of the
said resolutions, in such form and manner as may be prescribed, for obtaining
approval of the Registrar and after getting the approval, shall amalgamate together
as one society.
(2) Any society, after passing special resolution for division of a society, shall
move an application, in such form and manner as may be prescribed, along with
copy of such resolution, for obtaining approval of the Registrar and after getting the
approval, shall stand divided.
(3) The special resolution for division referred to in sub-section (2) shall
contain proposals for the division of the assets and liabilities of the society among
the newly divided societies, relationship of the parent society with the divided
societies, if any, and may specify the areas of operation of and the members who
may constitute each of the new societies:
Provided that before division, the society shall settle all the claims and
liabilities or divide the assets and liabilities amongst the societies on pro rata basis.
(4) No amalgamation or division of a society under sub-section (1) or
sub-section (2), as the case may be, shall have effect until and unless the new society
is or societies are duly registered.
(5) Upon the registration of the new amalgamated society or the divided
societies, as the case may be, the assets and liabilities of the original registered
society or societies shall, subject to the provisions of this section, be transferred to
and become the assets and liabilities of the new society or societies in the manner
specified in the special resolution referred to in sub-section (1) or sub-section (2),
as the case may be.
CHAPTER XI
INQUIRY AND SUPERSESSION OF GOVERNING BODY
29. (1) The Registrar General or Registrar or District Registrar, may, by
written order, require any society to furnish in writing, such information or
document or explanation as specified in that order, within such time, not being less
than two weeks from the date of receipt of such order.
(2) On receipt of the order, it shall be the duty of the society to furnish such
information or documents or explanation, as may be specified in that order.
30. (1) Where the Registrar General or Registrar or District Registrar is
satisfied that-
(a) the records, registers or the books of account of a society are likely
to be tampered with or destroyed, and the funds and the property are likely to
be misappropriated or misapplied; or
(b) the Governing Body is reconstituted at a general meeting and the
outgoing members of the Governing Body refused to hand-over charge of the
records and property of the society to those entitled to receive such charge; or
(c) the office-bearers, where the elections of the Governing Body have
not been held by the due date, are likely to misuse such documents, funds or
records, or are reluctant to hand over the records to an ad hoc committee or
the administrator appointed for managing the affairs of the society as an
interim measure under the provisions of section 33,
he may issue an order directing a person duly authorised by him in writing to seize
and take possession of such document, funds, records and property, whereupon the
office-bearer responsible for custody of such documents, record, funds and property
shall give delivery thereof to the person so authorised.
(2) In order to secure compliance of the order under sub-section (1), the
District Registrar may take or cause to be taken such steps and use or cause to be
used such minimum force, including police force, as may be considered necessary.
31. (1) Where on the information received or gathered under section 29, or on
the application of a majority of the office-bearers of a society, or on the application
of not less than one-third of the members of the General Body, as the case may be,
or if so moved by the Government or the District Collector, the Registrar General
or Registrar or District Registrar is of the opinion that there is apprehension that—
(a) the affairs of such society are being so conducted as to defeat the
aims and objects of the society; or
(b) its Governing Body is guilty of mismanaging its affairs or of any
breach of fiduciary or other like obligations or to defraud its creditors,
the Registrar General or Registrar or District Registrar, as the case may be, may, in
writing, order an inquiry to be conducted either himself or by any person authorised
by him in that behalf, into the affairs of that society.
(2) An application or reference made by the Government or District Collector
to the Registrar General or Registrar or District Registrar under sub-section (1) shall
be supported by such evidence, as he may require for the purpose of showing that
the applicant has good reason for applying for an inquiry.
(3) The Registrar General or Registrar or District Registrar may, before the
inquiry is ordered by him, require the applicants to furnish such security as he thinks
fit as the cost of the proposed inquiry.
Power to call for
information or
explanation.
Powers to seize
records, etc.
Power to
inquire.
Action on
inquiry report.
(4) All expenses incidental or preliminary to the inquiry shall, where such
inquiry is held,—
(a) on an application, be defrayed by the applicants thereof or out of the
assets of the society or by the members of the society, in such proportion as
the District Registrar may, by order in writing direct; and
(b) on a reference from the District Collector or the Government or on
own motion of the District Registrar, be defrayed out of the assets of the
society and shall be recoverable as arrears of land revenue.
(5) A person holding an inquiry shall have, at all reasonable times, free access
to all the documents and shall have power to call upon any office-bearer or member
to produce any of the document, as he may direct.
(6) It shall be the duty of all office-bearers or members, who were or are
holding office in the society, to furnish the person holding the inquiry with all the
information or document in their possession.
(7) A person holding an inquiry may-
(a) summon and examine any person on oath who, he has reason to
believe, has knowledge of any affairs of the society; and
(b) summon any person to produce any books of account or documents
belonging to him or in his custody, if the person holding the inquiry has reason
to believe that such books of account or documents contain any entries relating
to transactions of the society.
(8) A person holding an inquiry may, if in his opinion it is necessary for the
purpose of inquiry, seize any or all the documents:
Provided that any person from whose custody such documents are seized shall
be entitled to a receipt thereof and make copies thereof.
(9) If the inquiry is held under this section by-
(a) the District Registrar, he shall forward the report to the Registrar
along with his recommendations; or
(b) a person other than the District Registrar, he shall send the report to
the District Registrar and the District Registrar shall make a report to the
Registrar along with his recommendations; or
(c) the Registrar himself, he shall forward the report to the Registrar
General along with his recommendations.
(10) The inquiry report shall be communicated to the society and the
applicants, if any.
32. The Registrar shall consider the inquiry report along with the
recommendations of the District Registrar, if any, and take any of the following
steps, namely:-
(a) where no irregularities of procedural or material nature are found to
have been committed by the Governing Body, he shall order closure of the
inquiry along with information thereof to the society and applicants, if any; or
(b) where the irregularities or violations committed by the society are
found to be of procedural nature, which are rectifiable, he shall direct the
society to take recourse to such corrective measures within such time, as he
may direct and the society shall submit a compliance report thereof to the
Registrar; or
(c) where the irregularities or violations committed by the society are
found to be of a serious or material nature, he shall pass any other appropriate
order to meet the ends of justice.
Supersession of
Governing Body
and
appointment of
administrator.
33. (1) Where, based on inspection, inquiry or audit under this Regulation, the
District Registrar or Registrar submits a report or recommendation indicating that
the Governing Body or a society is not functioning in accordance with the provisions
of this Regulation or is acting against the interest of its members, the Registrar shall
forward such report or recommendation to the Registrar General.
(2) If upon receipt of report, the Registrar General is of the opinion that a
prima facie case is made out for supersession of the Governing Body, he shall issue
a show cause notice indicating the proposed action, consider the response of the
society, and if so requested, provide an opportunity of hearing, before passing
appropriate order.
(3) The Registrar General, after considering the reply of the society, shall pass
an order and may appoint an officer as administrator to manage the affairs of the
society with such directions as deemed appropriate and the orders passed by the
Registrar General in this behalf shall be final.
(4) The officer referred to in sub-section (3) shall be a Group 'B' officer or of
equivalent rank in the service of the Government or any statutory authority, or such
person who may have retired from a Group 'B' or equivalent position from the
Government or the Central Government or a statutory authority.
(5) Where a retired person is appointed as the administrator, the Registrar
General may also fix the honorarium or remuneration to be paid to the administrator
during the course of his appointment at such rates as may be prescribed and direct
such expenditure to be defrayed out of the funds of the society.
(6) The administrator appointed under sub-section (3) may hold office for a
period which shall not exceed one year in the first instance, but whose term may be
extended for such further period, as considered necessary, subject to the same not
exceeding three years in total.
(7) On the appointment of the administrator under sub-section (3), the
Governing Body shall cease to exercise any powers and perform and discharge any
functions or duties conferred or imposed on it under this Regulation or the bye-laws.
(8) The administrator so appointed shall exercise all the powers of the
Governing Body and perform all such functions or duties during the course of his
appointment as provided in the bye-laws, subject to any directions from the
Registrar General.
(9) The administrator shall, before the expiry of his term, take necessary action
to hold the election of the Governing Body, if so required.
(10) If the administrator is, for reasons beyond his control, not able to hold the
election of the Governing Body or fails to convene a meeting of the General Body,
as the case may be, or in spite of such meeting having been convened, the General
Body, fails to elect the Governing Body, the administrator shall forthwith send a
report to the Registrar General who may pass such orders, as may be considered
expedient, either extending the term of appointment of the administrator for a further
period as may be specified in the order or, if satisfied that public interest so
necessitates, for the dissolution of the society.
(11) The Registrar General may, if he thinks appropriate, appoint a committee
to advise and assist the administrator so appointed for exercise of the powers and
discharge of the duties and functions conferred or imposed on him under this
Regulation.
(12) The members of the committee shall have such qualifications, as may be
prescribed, and shall hold office during the pleasure of the Registrar General.
(13) Where an order of dissolution is passed under sub-section (10) by the
Registrar General, further action shall be taken in accordance with the relevant
provisions of this Regulation.
Removal of
defunct society
and cancellation
of their
registration.
Cancellation of
registration of
society with no
assets and
liabilities.
CHAPTER XII
SUSPENSION, CANCELLATION AND DISSOLUTION
34. (1) Where the District Registrar has reasonable cause to believe that a
society is defunct and is not carrying on business or operations, he shall issue a show
cause notice to such society at its registered office to show cause as to whether it is
carrying on its business or operations and directing it to file such documents or
returns, within a period of ninety days from the date of issue of such notice.
(2) Where the defunct society responds to such notice within the specified
period and submits the requisite documents or informs along with evidence that it is
carrying on business or operations, the District Registrar shall, after due verification
of records, pass an appropriate order.
(3) If the District Registrar receives a reply from the defunct society to the
effect that it is not carrying on any business or operations, he may direct the society
to convene a meeting of its General Body, pass a special resolution for its dissolution
after settling all its liabilities and shall apply for dissolution of the society within a
period of thirty days from the date of such resolution.
(4) Where the District Registrar does not receive any reply within a period of
ninety days referred to in sub-section (1), he shall cause a public notice to be issued
stating that on the expiration of such period as may be specified in such notice, the
registration of such defunct society shall be suspended.
(5) If no response is received from the defunct society, or from its members,
creditors or claimants, within the period specified in the public notice issued under
sub-section (4), the District Registrar shall order suspension of registration of such
society and after passing of such order, the society shall not carry on any business.
(6) The District Registrar shall cause to be notified an order passed,
suspending the registration of a society under sub-section (5), through a public
notice for the information of general public.
(7) The society or any of its member, creditor or claimant, aggrieved by an
order of suspension passed under sub-section (5), may, within a period of three
months from the date of the order of suspension, submit a representation to the
District Registrar.
(8) The District Registrar may, on being satisfied and for reasons to be
recorded in writing, that the society, at the time of its suspension, was carrying on
business or operations, or otherwise, and it is just and equitable that the name of the
society be restored to the register, revoke the suspension.
(9) The society whose registration is restored under sub-section (8) shall be
deemed to have continued in existence, as if its registration had not been suspended.
(10) No claims, whatsoever, shall be valid and entertained against a society on
the expiry of a period of three months from the date of suspension of its registration.
(11) If no representation against the suspension order is received within a
period of three months from the date of suspension of registration, the District
Registrar may, unless contrary is shown, strike off the name of the society from the
register of societies and cancel its registration.
35. A society, which has no assets or liabilities to its account and is not
desirous of carrying on with its business or operations, may, after passing a special
resolution, apply for cancellation of its registration to the District Registrar and the
District Registrar shall, after giving a public notice of not less than ninety days
inviting objections, strike out its name from the register of societies after
considering objections, if any.
Cancellation of
registration
upon inquiry.
Effect of
cancellation of
registration.
Procedure on
cancellation of
registration.
36. (1) The Registrar may, if he is satisfied that—
(a) the business of any such society is conducted, fraudulently; or
(b) the society is declared insolvent; or
(c) the society is carrying on any unlawful activity or allowing unlawful
activity to be carried on in the premises under its control,
order an inquiry to be conducted by the District Registrar or any other officer
authorised by him in accordance with the procedure contained in sections 31 to 33
and submit a report thereof within the period specified in such order.
Explanation. For the purposes of this sub-section, an activity shall be treated
as unlawful, if such activity is an offence punishable under the provisions of any
law for the time being in force.
(2) On receipt of the report referred to in sub-section (1) from the District
Registrar, the Registrar shall issue a public notice inviting objections, if any, as to
why the registration of the society should not be cancelled.
(3) After considering the objections filed by the society and public, and after
giving a reasonable opportunity of being heard to the society, the Registrar may
cancel the registration.
37. When the registration of a society is cancelled, the society shall forthwith
cease to carry on its business, except in so far as it may be required for the beneficial
winding-up of its affairs, for which purpose it shall pass a special resolution and
dissolve itself in the manner as provided in this Regulation:
Provided that the liability of office-bearers shall continue and may be enforced
as if the registration of society has not been cancelled.
38. (1) Where the registration of a society is cancelled, the District Registrar
shall-
(a) direct the society to complete the process of its dissolution, that is,
pass a special resolution, collect all its receivables and settle all its liabilities,
provide the details of any of its assets left over after settlement of the
liabilities, and submit a proposal for transfer of its left over assets to any other
society in existence with identical aims and objects;
(b) assess the credentials of a society to whom any such assets are
proposed to be transferred by the society referred to in clause (a) and may,
either approve such proposal, or direct the society to place such assets at the
disposal of the District Collector;
(c) constitute a committee of members of such society to carry out the
process of its dissolution, where it has no Governing Body or General Body
to carry out his directions under clauses (a) and (b);
(d) be competent to complete the dissolution of the affairs of the society
on his own or appoint any of his subordinates to do the needful or associate
any two members from any other society in existence for the purpose.
(2) If on dissolution and after settlement of all the claims and liabilities, a
society is left with any movable or immovable assets, the District Registrar shall, in
the first instance, make efforts to transfer all such assets to any other society in
existence with identical aims and objects in operation against a proper receipt and
submit a report thereof to the Registrar General, failing which, all such assets shall
vest in the custody of the District Collector.
(3) Where any asset is placed at the disposal of the District Collector, he may,
either direct the transfer thereof to a society in operation with identical aims and
objects or use such assets preferably for the same purpose or for any other public
purpose.
Dissolution by
special
resolution.
Dissolution by
Registrar.
Disposal of
assets.
39. (1) A society may resolve to dissolve itself by passing a special resolution
in a meeting of its General Body convened for the purpose.
(2) On passing of the special resolution under sub-section (1), the Governing
Body shall take all necessary steps for settlement of all claims and liabilities, as it
may consider appropriate in accordance with its bye-laws and if there are no
bye-laws, in accordance with the provisions of this Regulation.
(3) If any dispute arises amongst the members of the society, the Governing
Body, or the special committee, regarding the winding-up of the affairs of the
society, it shall be referred to the District Registrar for such directions, as he may
consider appropriate:
Provided that the special resolution for dissolution of the society shall not be
a matter in dispute.
(4) If the Central Government or the Government or any of its
instrumentalities is a member of or a contributory to or otherwise interested in any
society, such society shall not be dissolved without the consent of the Central
Government or the Government, as the case may be.
(5) After all necessary steps have been completed, the Governing Body shall
send a report to the District Registrar, mentioning about the surplus assets, if any.
(6) The District Registrar shall thereupon cause a public notice issued at the
expense of the society inviting objections from any person interested in the affairs
of such society within the period specified in such notice, which shall not be less
than three months.
(7) If no objection is received from any claimant, creditor or member of the
society within three months from the date of issue of such public notice, and after
the surplus assets, if any, have been disposed of as provided in this Regulation, the
District Registrar shall make an order confirming the dissolution and thereupon the
society shall stand dissolved and the District Registrar shall record the order of
dissolution in the register maintained in his office and strike off the name of the
society from the register of societies.
(8) If any objection is received from any claimant, or creditor, or member, or
any other interested person, within a period mentioned in sub-section (7), the
District Registrar shall not make an order confirming the dissolution of the society
unless he is satisfied that the relevant claim or liability have been duly settled and
the surplus assets, if any, have been disposed of as provided in this Regulation.
40. (1) Where the Government decides to dissolve a society under
sub-section (10) of section 33 or where the registration of a society is cancelled and
it is found to be fit for dissolution under section 39, the Registrar General or the
Registrar, as the case may be, shall order dissolution of such society in accordance
with the procedure specified under the said sections.
(2) Upon passing an order for dissolution of a society under sub-section (1),
the Registrar General or the Registrar or the District Registrar, as the case may be,
shall take action for winding-up the affairs of the dissolved society in accordance
with the provisions of this Regulation.
41. (1) Notwithstanding anything contained in section 38, after the settlement
of claims and liabilities of society, where any surplus assets are left, such assets shall
not be paid to or distributed amongst the members of the society, but shall be taken
over and vest in the custody of Government:
Penalty for
non-compliance
or contravention.
Penalty for
falsifying any
document.
Penalty for
furnishing false
information or
disobeying
summons,
requisition or
other order or
direction.
Crediting of
penalties
imposed under
this Regulation.
Provided that in case of a housing society or where a resident welfare
association is registered as a society, the operation, management and maintenance
of facilities for the residents or civic amenities of any defined area, the
successor-in-interest shall step in the shoes of original member, subject to fulfilment
of qualifications as laid down in the bye-laws of the society and the provisions of
this Regulation.
(2) The Government shall place such assets at the disposal of the District
Collector, who may,-
(i) in the first instance identify any other society in operation with
identical aims and objects and transfer such assets to such society;
(ii) use such assets, preferably for the purpose for which such assets were
created; or
(iii) for any other public purpose, as deemed appropriate.
(3) The records of accounts shall be maintained for a period of three years
from the date of dissolution and in case any matter pertaining to any such society is
pending before any court, such records shall be maintained till the final disposal of
such matter by the competent court.
CHAPTER XIII
OFFENCES AND PENALTIES
42. If a society fails to comply with any of the requirements of this Regulation,
or contravenes any of the provisions thereof, then such society in default shall be
liable for penalty which may extend up to two thousand rupees, as may be
prescribed, and in case of a continuing default or contravention, with penalty which
may extend to one hundred rupees for every day during which the default or
contravention continues.
43. If an office-bearer or any employee of the society, knowingly or willingly
makes or causes to be made any false entry in, or any omission from any register,
account, balance-sheet, or other document, required to be maintained by a society
under this Regulation, he shall be liable for penalty of a sum which may extend to
five thousand rupees and may be removed from such membership or position of the
society.
44. If any office-bearer,-
(a) knowingly or willingly makes a false return or furnishes false
information; or
(b) wilfully or without any reasonable reason, disobeys any summons,
requisition or other lawful order or direction issued under the provisions of
this Regulation; or
(c) with holds or fails to furnish any information lawfully required from
him by the District Registrar, Registrar or Registrar General or a person
authorised in this behalf under the provisions of this Regulation,
such office-bearer shall be liable for penalty of a sum which may extend to five
thousand rupees and in the case of a continuing default or contravention, with a
penalty which may extend to two hundred rupees for every day during which the
default or contravention continues.
45. The penalties under this Chapter shall be imposed by the Registrar or any
officer authorised in this behalf by the Registrar General or Registrar, after giving a
reasonable opportunity of being heard, and such sum of penalties shall be credited
to the Consolidated Fund of India.
Registrar to
recover cost
from officers of
society.
Power of District
Registrar to
condone delay in
certain cases.
Appeal against
penalties and
review.
Legal
representation
and authority.
Enforcement of
judgment.
CHAPTER XIV
MISCELLANEOUS
46. Where any society fails to rectify the defects as directed by the Registrar
and where no appeal has been made to the Registrar General under sub-section (1)
of section 48 or where such appeal has been made and the Registrar General has not
annulled, reversed or modified the order, the Registrar may take steps to have the
defects rectified and may recover the cost, which were incurred for rectification of
such defects, from the officers of the society who, in his opinion, have failed to
rectify the defects.
47. The District Registrar may, upon an application in writing by any society
and on sufficient cause being shown, allow further time to such society to comply
with any of the provisions of this Regulation on payment of such late fees, as may
be prescribed.
48. (1) Any person or society, aggrieved—
(a) by an order imposing penalty under section 42 or section 43 or
section 44; or
(b) by any other order passed under this Regulation,
shall have the following recourse, namely:-
(i) the society concerned may make an appeal, against such order to the
Registrar General within a period of sixty days from the date of the imposition
of such penalty; and
(ii) the Registrar General may, in deciding the appeal, by order, annul,
reverse, modify or confirm the order appealed against.
(2) Any society or person aggrieved by an order of the Registrar General, may
file a second appeal before the Government within a period of sixty days from the
date of issuance of such order.
(3) Any society or person who fails to file the aforesaid second appeal within
the period referred to in sub-section (2), and if the society or person has shown
sufficient cause for not preferring such appeal within such period, that appeal may
be entertained even after the expiry of the said period, but not later than another
sixty days.
(4) The decision of the Government shall be final and binding on the parties.
(5) Every appeal referred to in this section shall be in such form and
accompanied by such fee, as may be prescribed.
(6) Notwithstanding anything contained in this section, an order passed by the
Registrar or the Registrar General may be reviewed by such prescribed authority,
on an application filed by the aggrieved party within a period of ninety days from
the date of issuance of such order.
49. (1) The committee or any office-bearer of the society authorised in this
behalf by its bye-laws, may bring or defend any action or other legal proceedings
touching or concerning any property or any right or claim of the society and may
sue or be sued in its name.
(2) No suit or other legal proceedings shall abate due to any vacancy or change
in the position of the President, the Secretary or any office-bearer authorised under
sub-section (1).
50. A judgment, which shall be delivered against any office-bearer of the
society, shall not be enforced against such office-bearer or his property, either
movable or immovable, but shall be enforced against the property of the society.
Acts or
proceedings not
to be invalidated
by certain
defects.
Mode of service.
Public
documents.
E-governance.
Power of
Government to
issue directions.
Power to make
rules and laying.
Act to override
other laws.
Power to remove
difficulties.
Bar of
jurisdiction of
civil courts.
51. No act or proceedings of a society or any of its office-bearer shall be
deemed to have been invalid merely by reason of any vacancy or defect in the
organisation of the society.
52. Any notice, order or requisition meant for a society, or for the Governing
Body thereof, to be issued by the District Registrar, Registrar or the Registrar
General or any other person or body, shall be served on the President or Secretary
of the society, and the service on the President or Secretary of the society shall be
effectual as if the same had been served on every member of the society.
53. All documents filed by a society with the District Registrar under this
Regulation shall be deemed to be public documents within the meaning of
section 74 of the Bharatiya Sakshya Adhiniyam, 2023.
54. The Government may, as soon as possible, introduce measures for the
effective governance and efficient administration of the provisions of this
Regulation, and upon implementation of such measures, all or part of the
transactions, forms, payments, and other services under this Regulation, may be
administered in electronic or online mode.
55. The Government shall be competent to issue such directions to any society,
as it may deem appropriate, for the proper enforcement of the provisions of this
Regulation and the rules made thereunder.
56. (1) The Administrator may, by notification, make rules not inconsistent
with the provisions of this Regulation, for carrying out the purposes of this
Regulation.
(2) Every rule made under this Regulation shall be laid, as soon as may be
after it is made, before each House of Parliament, while it is in session, for a total
period of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately following
the session or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made, the
rule shall thereafter have effect only in such modified form or be of no effect, as the
case may be; so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule.
57. Save as otherwise expressly provided in this Regulation, the provisions of
this Regulation shall have effect notwithstanding anything inconsistent therewith
contained in any other law for the time being in force in the Union territory of Dadra
and Nagar Haveli and Daman and Diu.
58. (1) If any difficulty arises in giving effect to the provisions of this
Regulation, the Administrator may, by general or special order published in the
Official Gazette, make such provisions not inconsistent with the provisions of this
Regulation as appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiration of two years
from the date of commencement of this Regulation.
(2) Every order made under this section shall be laid, as soon as may be after
it is made, before each House of Parliament.
59. No civil court shall have jurisdiction to entertain any suit or proceeding in
respect of any matter which the District Registrar, Registrar or the Registrar
General, or any other authority empowered under this Regulation is required to
determine.
47 of 2023.
Settlement of
disputes,
distribution of
surplus, fees and
recovery of
dues.
Repeal and
savings.
60. (1) Any dispute relating to membership, including admission, termination
or rights of members, shall be decided by the District Registrar or Registrar or such
authority as may be specified under the rules and the decision of the Registrar in
this regard shall be binding, subject to appeal as provided under section 48.
(2) The utilisation or distribution of any surplus, dividend or profit among the
members shall be subject to the conditions and limits, as may be prescribed,
ensuring transparency and equitable benefit-sharing.
(3) The fees payable for registration, filing of documents, inspections,
certifications or any other service rendered under this Regulation shall be such as
may be prescribed.
(4) Any amount due to the Government, the District Registrar or the society
under this Regulation, including penalties or prescribed fees, shall be recoverable as
arrears of land revenue in such manner as may be prescribed.
61. (1) The Societies Registration Act, 1860, in its application to the Union
territory of Dadra and Nagar Haveli and Daman and Diu, the Societies Registration
(Goa, Daman and Diu First Amendment) Act, 1979, as extended to the erstwhile
Union territory of Dadra and Nagar Haveli and the Union territory of Daman and
Diu and the Societies Registration (Goa Second Amendment) Act, 1998, as
extended to the erstwhile Union territory of Dadra and Nagar Haveli (herein referred
to as the repealed enactments), are hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the
repealed enactments, or under any order, rule, regulation or bye-laws made, or any
instructions or certificate issued, in the exercise of any power conferred by or under
the repealed enactments, shall be deemed to have been done or taken in the exercise
of the powers conferred by the corresponding provisions of this Regulation.
(3) Any society registered at any place in the Union territory of Dadra and
Nagar Haveli and Daman and Diu under the Societies Registration Act, 1860, the
Societies Registration (Goa, Daman and Diu First Amendment) Act, 1979, as
extended to the erstwhile Union territory of Dadra and Nagar Haveli and the Union
territory of Daman and Diu and the Societies Registration (Goa Second
Amendment) Act, 1998, as extended to the erstwhile Union territory of Dadra and
Nagar Haveli, shall be deemed to have been registered under this Regulation, and
its principal office shall be deemed to be the registered office for the purposes of
this Regulation.
(4)(a) The Memorandum and the bye-laws of a society referred to in
sub-section (3), to the extent they are repugnant to or inconsistent with any of the
provisions of this Regulation and the rules made thereunder, shall be amended and
brought in conformity with the provisions of this Regulation within a period of two
years from the date of commencement of this Regulation or within such further
period as the Government may, by notification, allow, and thereafter, to the extent
of such repugnancy or inconsistency, be deemed to be void and shall be of no
effect; and
(b) any officer elected or appointed to and holding office of a society
immediately before the commencement of this Regulation shall continue to hold
such office until the expiry of his term of office or until such office is lawfully
terminated.
(5) Nothing under this Regulation shall affect any right, privilege, obligation,
liability or punishment under the repealed enactments.
21 of 1860.
Goa, Daman and
Diu Act 6 of 1979.
Goa Act 1 of
1999.
21 of 1860.
Goa, Daman and
Diu Act 6 of
1979.
Goa Act 1 of
1999.
10 of 1897.
(6) Any investigation or proceedings, including proceedings for dissolution,
or the supersession of the Governing Body or appointment of an administrator or
constitution of a committee, commenced before the coming into force of this
Regulation, shall be continued and conducted under the corresponding provisions
of this Regulation.
(7) Without prejudice to the provisions of sub-sections (2) to (4), the
provisions of section 6 of the General Clauses Act, 1897 shall apply with regard to
the effect of repeal.
DROUPADI MURMU,
President.
DR. RAJIV MAN,
Secretary to the Govt. of India.
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