Full Text
REGISTERED NO. DL-(N)04/0007/2003-25
The Gazette of India
CG-DL-E-17112025-267730
EXTRAORDINARY
PART II—Section 1
PUBLISHED BY AUTHORITY
No. 43] NEW DELHI, MONDAY, NOVEMBER 17, 2025/KARTIKA 26, 1947 (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 17th November, 2025/Kartika 26, 1947 (Saka)
THE LAKSHADWEEP REGISTRATION OF SOCIETIES
REGULATION, 2025
No. 6 OF 2025
Promulgated by the President in the Seventy-sixth Year of the Republic of India.
A Regulation to consolidate the law relating to the registration and regulation of
societies in the Union territory of Lakshadweep for promotion of art, fine arts,
charity, craft, culture, education, literature, philosophy, political education,
religion, sports, science, 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 Lakshadweep Registration of
Societies Regulation, 2025.
(2) It extends to the whole of the Union territory of Lakshadweep.
(3) It shall come into force on such date, as the Administrator may, by
notification in the Official Gazette, appoint.
Short title,
extent and
commencement.
2. In this Regulation, unless the context otherwise requires,—
(a) "Administrator" means the Administrator of the Union territory of
Lakshadweep appointed by the President under article 239 of the Constitution;
(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) "document" includes register of members, books of account, returns,
annual returns, other statutory registers, summons, notice, requisition, order,
other legal processes, whether issued or kept in pursuance of this Regulation
or any other law for the time being in force in the Union territory of
Lakshadweep;
(e) "elected member” means a member of a society who is duly elected
as an office bearer of the Governing Body;
(f) "financial year" means the period commencing from the 1st day of
April of a year and ending with the 31st day of March of the following year;
(g) "General Body" means the body of all members of a society;
(h) "Governing Body" means the Executive Committee or the Managing
Committee constituted or elected by the members of the General Body and
responsible for the management of day-to-day affairs of the society;
(i) “Government" means the Administration of the Union territory of
Lakshadweep headed by the Administrator;
(j) "major" means a person who has completed the age of eighteen years;
(k) "member" means a person who fulfils the eligibility criteria for
becoming a member of a society, as specified in this Regulation and has been
admitted as a member of the society in accordance with its bye-laws;
(l) "Memorandum" means the Memorandum of Association of a society
in accordance with the provisions of this Regulation;
(m) "notification” means a notification published in the Official Gazette
and the expression “notified” shall be construed accordingly;
(n) "office bearer" 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 the business of a society;
(o) "Official Gazette" means the Official Gazette of the Union territory
of the Lakshadweep;
(p) "prescribed” means prescribed by rules made by the Administrator
under this Regulation;
(q) “public notice” means a notice published in at least one or two
newspapers widely circulating in the area, of which one shall be in vernacular
language and the other shall be duly displayed on the notice board of the office
of the Registrar;
(r) "Registrar" means the Registrar of societies appointed under
sub-section (2) of section 4;
(s) "Registrar General” means the Registrar General appointed by the
Government under sub-section (1) of section 4;
Definitions.
(t) "society” means a society duly registered under the provisions of
this Regulation;
(u) "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 three-fifths of the members so
present and voting;
(v) "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 bye-laws and shall include a
society where any one or more of its institution is receiving aid;
(w) "Union territory” means the Union territory of Lakshadweep.
CHAPTER II
AIMS AND OBJECTS OF SOCIETY
3. Any seven or more persons associated for—
(i) any literary, scientific or charitable purpose, including charitable
societies, military orphan funds or societies established at several presidencies
of India;
(ii) societies established for the promotion of science, literature or fine arts;
(iii) instruction;
(iv) the diffusion of useful knowledge or political education;
(v) the foundation or maintenance of libraries or reading rooms for
general use among members or open to the public;
(vi) public museums and galleries of paintings and other works of art;
(vii) collections of natural history, mechanical and philosophical
inventions;
(viii) instruments or designs;
(ix) the promotion of conservation and sustainable use of natural
resources such as land, water, forests and wildlife; and
(x) the formation of welfare of associations of flats, tenements,
condominiums or floor space owners,
by subscribing their names to a Memorandum and filing the same with the Registrar,
form themselves into a society under this Regulation.
CHAPTER III
AUTHORITIES OF SOCIETY
4. (1) The Administrator may, by an order published in the Official Gazette,
appoint an officer, not below the rank of Joint Secretary to the Government of India
as the Registrar General, who shall exercise such powers and perform such duties
and functions, as are conferred upon him by or under this Regulation.
(2) The Registrar General may, by an order, appoint an officer of the
Government at such level or cadre, as may be prescribed, as Registrar and other
officers as Additional Registrar or Joint Registrar or Deputy Registrar or Assistant
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.
Aims and
objects.
Registrar
General, other
officers and
their powers.
(3) The officers appointed under this section shall exercise powers, discharge
duties and perform functions under the overall administrative control and
superintendence of the Government.
CHAPTER IV
REGISTRATION OF SOCIETY
5. (1) An application in such form, accompanied by such fee, containing such
particulars, in accordance with such procedure, as may be prescribed for getting
approval of the name of the society as well as for its registration, shall be filed with
the Registrar, in whose jurisdiction the registered office of the society is situated,
along with the Memorandum and the bye-laws prepared in accordance with the
provisions of this Regulation:
Provided that if the proposed name is identical with that by which any other
existing society 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 the Improper Use) Act, 1950.
(3) No society shall be registered without the previous approval of the
Government in writing, with a name which contains any of the following
expressions, namely:-
(i) Co-operative or Land Development;
(ii) Reserve Bank;
(iii) 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;
(iv) Municipal or Panchayat or Chartered; and
(v) Investigation Bureau or any word which suggests or is calculated to
suggest connection with any municipality, statutory, investigating or
intelligence agency or other local authority.
6. (1) After scrutiny of the documents presented before the Registrar, if he 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) If the Registrar refuses to register a society, he shall state the reasons
therefor and communicate the same to the applicant, within such period as may be
prescribed in this behalf.
(3) Every society registered shall be assigned a distinct registration number.
(4) Every existing society shall apply in such form as may be prescribed to the
Registrar for obtaining a new registration number within a period of one year or such
further period, as may be notified by the Government and if the new number is not
applied within one year, then number shall be applied along with such fee, as may be
prescribed, within a period of six months and if the society fails to move an application
for new number within such extended period, the registration may be cancelled.
Application for
registration of
society and
society not to be
registered with
identical names.
12 of 1950.
Certificate of
registration.
21 of 2000.
(5) A certificate of registration shall be the conclusive proof that the society
therein mentioned is duly registered unless proved otherwise.
(6) 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 and the name of society, registration number
and its registered office shall be mentioned in all documents executed in its favour
or on its behalf.
(7) 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.
7. (1) Every society shall have a registered office to which all communications
and notices shall be addressed.
(2) The information about every change in the name and address of the society
shall be communicated to the Registrar within a period of thirty days from the date
of change, who shall record the same in the certificate of registration and the register
of societies.
(3) A change of name shall not affect the rights and liabilities of the society or
any legal proceedings by or against it.
CHAPTER V
MEMBERSHIP
8. A person shall be eligible to become a member of society, if he—
(i) is a major on the date of admission;
(ii) subscribes to the aims and objects of the society;
(iii) has deposited the membership fee as provided in the bye-laws; and
(iv) 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.
9. (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 member
within fifteen days of the admission or removal or the cessation of any membership,
as the case may be, in such manner as may be prescribed.
(2) A copy of the register of members maintained by the society, if not filed
at the time of registration, shall be filed with the Registrar within a period of sixty
days from the date of 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 of 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 Registrar, Registrar
General or any member of the society during the business hours.
Change of name
and address.
Eligibility
conditions for
becoming
member.
Register of
members.
(5) Every person admitted as a member on the date of notification of elections,
subject to his not being in arrears of membership fees or annual subscription, for a
period as may be prescribed, shall have the right to exercise his vote in person.
(6) Every member shall have the right to inspect the books of account, books
containing the minutes of proceedings of meetings on any working day during
business hours after giving reasonable notice.
10. A member admitted to a society shall cease to be so in the following
circumstances, namely:-
(i) upon submission and acceptance of his resignation;
(ii) if he ceases to fulfil the eligibility conditions for being admitted as a
member as mentioned under section 8;
(iii) upon his failure to pay membership fee or annual subscription fee
continuously for such period, as may be determined by the Registrar General; or
(iv) 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
shall be enrolled as a member subject to fulfilment of qualifications as laid down in
the bye-laws and the provisions of this Regulation:
Provided further that 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:
Provided also that there shall not be any bar for 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.
CHAPTER VI
MEMORANDUM AND BYE-LAWS OF SOCIETY
11. (1) The Memorandum shall state,-
(i) the name of the society;
(ii) the aims and objects of the society;
(iii) 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
(iv) the place and the island in which the registered office of the society
is situated.
(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 society.
12. (1) A society may, by a special resolution, amend the provisions of its
Memorandum with respect to,—
(i) change in the name of society; or
(ii) change in the aims and objects of the society as 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 Registrar within thirty days from the date of approval thereof and
the Registrar may, if he is satisfied that the same is in accordance with the provisions
of this Regulation and the rules made thereunder, register such change and any such
change shall have no effect until it has been so registered.
Cessation of
membership.
9 of 1932.
Memorandum.
Amendment in
Memorandum
and bye-laws.
(4) If the Registrar refuses to register a change in the Memorandum or the
bye-laws 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 passed by the society in that case shall have no effect:
Provided that if the 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 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
13. (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 provide 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 of its proceedings and all other matters relating
to the affairs of such 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.
14. (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, as the case may be, 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.
15. (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 shall comprise of the President, Secretary and Treasurer
as a minimum, and other office bearers, as provided under the bye-laws.
(3) The society shall file the list of the elected office bearers with the Registrar
within a period of thirty days of holding the elections for the Governing Body.
(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 elected as office bearers and shall file the same with
the Registrar,—
General Body.
Meetings of
General Body.
Governing
Body, office
bearers and
powers,
functions and
duties.
(i) a copy of the register within a period of thirty days from the date of
election of the office bearers;
(ii) a notice of every change in the office bearer within a period of thirty
days from the date of such change; and
(iii) the details of the office bearers along with the annual return.
(6) The constitution of the Governing Body elected for the first time or
thereafter, shall be valid upon approval thereof by the Registrar and its tenure shall
commence from the date of such approval.
(7) The Registrar shall communicate its approval of constitution of the Governing
Body and other matters 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.
16. (1) The meetings of the Governing Body may be held as and when required:
Provided that the Governing Body shall meet once every quarter and hold at
least four meetings in a financial year.
(2) A clear notice of three days of every such meeting 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.
17. (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 the succeeding meeting of
such body.
(4) Any resolution passed by the Governing Body or the General Body 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
constitution of the society.
18. Every society shall supply a copy of the balance-sheet or a statement of
accounts together with the auditor's report to every member of the General Body
along with the notice of the annual general meeting, if these documents have not
been already placed on the website of the society.
CHAPTER VIII
PROPERTY AND FUNDS OF SOCIETIES
19. A society registered under this Regulation may acquire movable or
immovable property on free-hold or lease basis, from out of its funds or donations
or grants or loans obtained, in accordance with its bye-laws.
20. All property, movable and immovable belonging to a society, whether
acquired before or after its registration, if not vested in the trustees, shall vest in the
society, and any such property may be referred to as the property of such society in
any legal proceedings:
Meeting of
Governing
Body.
Record of
proceedings.
Supply of
balance-sheet or
statement of
accounts.
Acquisition of
movable and
immovable
property.
Property how
vested.
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 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 the money or such 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.
21. (1) A 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 District panchayat or gram
panchayat or any other authority, with the prior permission of that Government
in writing;
(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, 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 Registrar in writing;
(c) any other immovable property 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 such
immovable asset, 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 proceeds from the transfer or sale of any immovable property of the
society, conducted in accordance with the provisions of this section, shall be
immediately deposited in the account of the society.
(4) Where any office bearer of the Governing Body contravenes the provisions
of sub-sections (1), (2) and (3), the Registrar shall be competent to take any or all
of the following actions, namely:-
(i) 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 pocket 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;
(ii) where the immovable asset 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 society's
account; and
(iii) where the immovable asset 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.
(5) Where the recovery of any amount is involved from any person in the
course of enforcement of sub-section (4), and the persons concerned do not deposit
the said amount within the period allowed, the Registrar shall be competent to
recover such amount as arrears of land revenue.
Restrictions on
sale or transfer
of immovable
property.
(6) Nothing under this section shall absolve the office bearer from
criminal action.
22. Every society, to such extent and under such conditions, as may be
permitted under its bye-laws invest or deposit any portion of its funds not
immediately required,—
(i) in immovable properties;
(ii) in securities of the Government or in National Savings Certificates
or other securities of the Government of India;
(iii) in the Post Office Savings Banks Account; or
(iv) in a special account opened by the society for the purpose in—
(a) a Scheduled Bank as authorised or notified by the Reserve
Bank of India;
(b) a Co-operative Bank situated in the Union territory; or
(c) such other mode of investment as may be notified.
CHAPTER IX
ACCOUNTS, AUDIT AND FILING OF DOCUMENTS
23. (1) Every society shall keep proper books of account such as cash book,
ledger, and the like as required by income-tax laws or the books as per 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,—
(i) all sums of money received and expended by the society; and
(ii) the assets and liabilities of the society.
(2) The accounts, returns and registers shall be verified and signed by at least
two office bearers, authorised by the Governing Body.
(3) The books of account shall be open to inspection during the business hours
by the Registrar General, Registrar or any officer authorised by them.
24. (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 shall not be a member of the Governing Body or family
member of any of the office bearer.
25. (1) Every society shall file the following returns in the prescribed form,
with the Registrar within thirty days of holding the annual general meeting,—
(i) 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;
(ii) a list of the office bearers along with their names, addresses and
occupations separately showing the deletions and additions during the
previous year, if any;
(iii) an annual report on the working of the society by the Governing
Body duly certified by the President and Secretary;
(iv) a copy each of the balance-sheet, receipt expenditure statement and
the auditor's report duly certified by the auditor; and
(v) a copy of the special resolution, if any passed.
Investment of
funds.
Books of
account.
Audit.
38 of 1949.
Annual and
other returns.
(2) Any society which is required to submit any statement or returns specified
in section 23 within the time specified and fails to do so, the 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 shall pay to the
Registrar General or Registrar and to direct its recovery from the society.
CHAPTER X
AMALGAMATION AND DIVISION
26. (1) Any two or more societies, after passing special resolutions for
amalgamating with each other, shall move an application along with copy of
resolutions, in such form 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 as may be prescribed along with the copy of
resolution, for obtaining approval of the Registrar and after getting the approval,
shall stand divided.
(3) The resolution shall contain proposals for the division of the assets and
liabilities of the society among the new 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 any effect until and unless the new
society or societies is 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.
CHAPTER XI
INQUIRY AND SUPERSESSION OF GOVERNING BODY
27. (1) The Registrar General or the Registrar may, by written order, require
any society to furnish in writing such information or document or explanation as
provided in the order within such time, not being less than two weeks from the date
of receipt of such order.
(2) On receipt of the order referred to in sub-section (1), it shall be the duty of
the society to furnish such information or documents or explanation.
28. (1) Where the Registrar General or the Registrar is satisfied that,—
(i) the records, registers or the books of account are likely to be tampered
with or destroyed and the funds and the property are likely to be
misappropriated or misapplied;
(ii) 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
Amalgamation
or division of
societies.
Powers to call
for information
or explanation.
Powers to seize
records, etc.
(iii) 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,
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,
he may issue an order directing a person duly authorised by him in writing to seize
and take possession of such documents, funds, records and property whereupon the
office bearers responsible for custody of such documents, record, funds and property
shall give delivery thereof to the person so authorised.
Explanation. For the purposes of this clause, the expression "due date"
means to the date on which the term of a Governing Body of a society expires and
by which the elections of the successor body should be completed.
(2) In order to secure compliance of the order under sub-section (1), the
Registrar may take or cause to be taken such steps and use or cause to be used such
minimum force, including recourse to police force, as may deem appropriate.
29. (1) Where on the information received or gathered under section 27 or on
the application of a majority of the office bearers 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 District Collector or the Registrar General or Registrar
is of the opinion that the affairs of a society are being so conducted as to defeat the
aims and objects of the society or its Governing Body is guilty of mismanaging its
affairs or of any breach of fiduciary or other like obligations or to defraud its
creditors, he may, either himself or by any person authorised by him in that behalf,
hold an inquiry into the affairs of the society.
(2) An application to the Registrar General or 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 the Registrar may require the applicants to furnish
such security as he thinks fit as the cost of the proposed inquiry before the inquiry
is ordered.
(4) All expenses incidental or preliminary to the inquiry shall, where such
inquiry is held,—
(a) on 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 Registrar may, by an order in writing direct; and
(b) on a reference from the District Collector of the Union territory or
the 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 to produce
any of the document, as he may direct.
(6) It shall be the duty of all office bearers, who were or are holding office, to
furnish to the District Collector or the Inquiry Officer with all the information or
documents in their possession.
(7) A person holding an inquiry may summon and examine any person on oath
who, he has reason to believe, has knowledge of any affairs of the society and may
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.
Power to
inquire.
(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 by a person, other than the Registrar then he shall
send the report to the Registrar along with his recommendations:
Provided that if such inquiry is held by 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.
30. The Registrar shall consider the inquiry report along with the
recommendations of the person holding inquiry, if any, and take any of the
following action, namely:-
(i) where no irregularities, whatsoever, 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
complainants, if any;
(ii) 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 deem appropriate; or
(iii) 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.
31. (1) Where, based on inspection, inquiry or audit under this Regulation, the
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) Upon receipt of the report, if 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, shall pass an order and may
appoint an Officer 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 so appointed under sub-section (2), 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 post
from the Government or the Central Government or a statutory authority.
(5) Where a retired person is appointed as the Officer, the Registrar General
may fix the honorarium or remuneration to be paid to the Officer during the course
of his appointment at the prescribed rates and direct such expenditure to be defrayed
from the funds of the society.
(6) The Officer 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.
Action on
inquiry report.
Supersession of
Governing Body
and appointment
of Officer.
(7) On the appointment of the Officer, 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 Officer 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 Officer may, before the expiry of his term, take necessary action to
hold the election of the Governing Body, if so required.
(10) If the Officer 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 Officer shall forthwith send a
report to the Registrar who may pass such orders, as may be considered
necessary or expedient, either extending the term of appointment of the Officer for
a further period or, if satisfied that public interest so necessitates, for the dissolution
of the society.
(11) The Registrar may, if he thinks appropriate, appoint a committee to advise
and assist the Officer so appointed for exercise of the powers and discharge of the
duties and functions conferred or imposed on him under this Regulation.
(12) Where an order of dissolution is passed under sub-section (10), further
action shall be taken in accordance with the provisions of this Regulation.
(13) The members of the committee referred to in sub-section (11) shall have
such qualifications, as may be prescribed and shall hold the office during the
pleasure of the Registrar.
CHAPTER XII
SUSPENSION, CANCELLATION AND DISSOLUTION
32. (1) The Registrar, if he has reasonable cause to believe that a society is
defunct and is not carrying on business or operations, shall issue a show cause notice
to such society, at its registered office enquiring as to whether it is carrying on its
business or operations and directing them to file such documents or returns, within
a period of ninety days, from the date of issuance of notice.
(2) Where the defunct society responds to such notice within specified period
and submits the requisite documents or informs along with evidence that it is
carrying on business or operations, the Registrar shall, after due verification of
records, pass an appropriate order.
(3) If the 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 and pass a special resolution for its dissolution after
settling all its liabilities and thereafter apply for dissolution of the society,
whereupon it shall be incumbent upon such society to carry out such directions,
within specified period.
(4) Where the Registrar does not receive any reply within specified period, 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, its member, creditor or
claimant within the specified period, the Registrar shall order suspension of
registration of such society and after passing of such order, the society shall not be
competent to carry on any business.
Removal of
defunct society
and cancellation
of
registration.
(6) An order under sub-section (5) suspending the registration of the society
shall be notified through a public notice for the information of general public.
(7) The society, member, creditor or claimant aggrieved with such suspension,
may, within a period of three months from the date of order of suspension, submit a
representation to the Registrar.
(8) The Registrar, on being satisfied 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, may revoke the
suspension.
(9) The society whose registration is restored 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
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 Registrar
may, unless contrary is shown, strike off the name of the society from the register
and cancel its registration.
33. 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 Registrar and the 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.
34. (1) The Registrar may, if he is satisfied,-
(i) that the society has contravened any of the provisions of this
Regulation or the rules made thereunder;
(ii) that the society is insolvent;
(iii) that the business of any such society is conducted fraudulently or
not in accordance with its bye-laws or the aims and objects specified in its
Memorandum; or
(iv) that it is carrying on any unlawful activity or allowing unlawful
activity to be carried on in the premises under its control,
he may order an inquiry to be conducted by any other officer authorised by him.
(2) On receipt of inquiry report, the Registrar may, give a show cause notice
to the society specifying briefly the grounds of the proposed cancellation.
(3) A public notice inviting objections shall also be published after giving an
opportunity to the society and after issuing public notice inviting objections, as to
why the registration of the society be not cancelled and after considering the
objections filed by society and public, the Registrar may cancel the registration.
Explanation. For the removal of doubts, it is hereby clarified that, an activity
shall be deemed to be unlawful if such activity is an offence punishable under any
provision of law, for the time being in force in the Union territory.
35. 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 bearer shall continue and may be enforced
as if the registration of society had not been cancelled.
Cancellation of
registration of
society with no
assets and
liabilities.
Cancellation of
registration upon
inquiry.
Effect of
cancellation of
registration.
36. (1) Where the registration of a society is cancelled, the Registrar shall—
(i) direct the society to complete the process of its dissolution by passing
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;
(ii) assess the credentials of a society to whom any such assets are
proposed to be transferred by the society under clause (i) and may either
approve such proposal or direct the society to place such assets at the disposal
of the District Collector;
(iii) constitute a committee of members of such society to carry out the
process of dissolution of the society where there is no Governing Body or
General Body to carry out the directions under clause (i);
(iv) be competent to complete the dissolution of the affairs of the society
of his own or by appointing any of his subordinates to do the needful where it
is not found feasible to constitute a committee of members of such society and
in such case the Registrar shall associate any two members from any other
society in existence for this purpose.
(2) If on dissolution and after settlement of all the liabilities, a society is left
with any movable or immovable assets, the 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, failing which, all such assets
shall vest in the custody of the District Collector.
(3) Where any assets are 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.
37. (1) A society may resolve to dissolve itself by passing a special resolution
in a meeting of the 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 Registrar for such directions, as he may
consider appropriate:
Provided that the special resolution for dissolution of the society shall not be
deemed to be a matter in dispute.
(4) If the Central Government or 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
Government, as the case may be.
(5) After completion of all necessary formalities, the Governing Body shall
send a report to the Registrar, mentioning about the surplus assets, if any.
(6) The Registrar shall thereupon cause a public notice issued at the expense
of the society inviting objections for dissolution of society from any person
interested in the affairs of such society within the period specified in the notice,
which shall in no case be less than three months from the date of notice.
Procedure on
cancellation of
registration.
Dissolution by
special
resolution.
(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 under section 39, the Registrar shall
make an order confirming the dissolution and thereupon the society shall stand
dissolved and the Registrar shall record the order of dissolution in the register
maintained in his office and strike off the name of the society from such register.
(8) If any objection is received from any claimant or creditor or member or
any other interested person within the period mentioned in sub-section (7), the
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.
38. (1) Where the registration of a society is cancelled and it is found to be fit
for dissolution under section 32 or where the Government consents to dissolve a
society under section 37, the Registrar General or the Registrar, as the case may be,
shall order dissolution of such society in accordance with the procedure specified in
this Regulation.
(2) Upon dissolution of a society under sub-section (1), the Registrar General
or the Registrar, as the case may be, shall take action for winding up the affairs of
the dissolved society in accordance with the provisions contained in this Regulation.
39. (1) Notwithstanding anything contained in section 36, 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 Government:
Provided that in case of a housing society or 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
40. If a society fails to comply with any of the provisions of this Regulation
or contravenes any of the provisions thereof, then the society in default shall be
liable to penalty which may extend up to two thousand rupees, and in case of a
continuing default or contravention, with penalty which may extend to one hundred
rupees for each day during which such default or contravention continues.
41. Where any society fails to rectify the defects directed by the Registrar and
where no appeal has been made to the Registrar General under sub-section (1) of
section 49 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.
Dissolution and
winding up by
Registrar.
Disposal of
assets.
Penalties for
non-compliance.
Registrar to
recover cost
from society.
42. If an office bearer or any employee of the society knowingly or
intentionally 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 to penalty which may extend
to five thousand rupees and may be removed from the membership of the society.
43. If any office bearer knowingly or intentionally makes a false return or
furnishes false information or wilfully or without any reasonable reason, disobeys
any summons, requisition, or other lawful order or direction issued under the
provisions of this Regulation or withholds or fails to furnish any information
lawfully required from him by the Registrar or Registrar General or person
authorised in this behalf under the provisions of this Regulation, he shall be liable
to penalty which may extend to five thousand rupees, and in the case of a continuing
default or contravention, with penalty which may extend to two hundred rupees for
each day during such default or contravention continues.
44. The penalties under this Chapter shall be imposed by the Registrar General
or Registrar or any officer authorised in this behalf by the Registrar General or
Registrar, and such sum of penalties shall be credited to the Consolidated Fund
of India.
45. Any party aggrieved by the penalty imposed under sections 40, 42 and 43,
shall have the following recourse, namely:—
(i) the society concerned may make an appeal, against any penalty
imposed under sections 40, 42 and 43, to the Registrar General within a period
of sixty days from the date of the imposition of such penalty;
(ii) the Registrar General may, in deciding the appeal, annul, reverse,
modify or confirm the order of the Registrar; and
(iii) where the society fails to rectify the defects directed by the Registrar
and where no appeal has been made to the Registrar General under clause (i)
or where on the appeal so made, the Registrar General has not annulled,
reversed or modified the order, the Registrar may himself take steps to have
the defects rectified, and may recover the cost from the officers of the society
who, in his opinion, have failed to rectify the defects.
46. The Registrar may, upon an application in writing received from 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.
CHAPTER XIV
MISCELLANEOUS
47. (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).
48. The 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.
49. (1) Any society or person aggrieved by an order of the Registrar may,
prefer an appeal to the Registrar General within a period of sixty days from the date
of issuance of such order.
Penalty for
falsifying any
document.
Penalty for
furnishing false
information or
disobeying
summons,
requisition or
other order or
direction.
Crediting of
penalties.
Recourse
mechanism.
Power of
Registrar to
condone delay
in certain cases.
Legal
representation
and authority.
Enforcement of
judgment.
Appeal and
review in case
of matters,
other than
penalties.
(2) Any society or person aggrieved by an order of the Registrar General, may
file an application in such form, as may be prescribed, 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 appeal or application,
as the case may be, within the period of sixty days, and if the society or person has
shown sufficient cause for not preferring the appeal or application within such
period, such appeal or application 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 or application 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.
50. 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.
51. No suit, prosecution or other legal proceedings shall lie against the
Registrar General or any officer or official subordinate to him or acting under his
authority, in respect of anything done or intended to be done in good faith under this
Regulation.
52. 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.
53. Any notice, order or requisition meant for a society or for the Governing
Body thereof to be issued by the Registrar or the Registrar General or any other
person or body related to it, shall be served on the President or Secretary of the
society, and such services shall be effectual as if the same had been served on
every member.
54. All documents filed by a society with the Registrar under this Regulation
shall be deemed to be public documents within the meaning of section 74 of the
Bharatiya Sakshya Adhiniyam, 2023.
55. The Government may, as soon as possible, introduce e-governance for
effective and efficient administration of the provisions of this Regulation, and upon
implementation of such a solution, all or part of the transactions, forms, payments,
and other services under this Regulation, may be administered in the electronic or
online mode.
56. Save as otherwise provided in this Regulation, the provisions of this
Regulation shall have effect notwithstanding anything inconsistent therewith
contained in any other laws of the Union territory, for the time being in force.
57. No civil court shall have jurisdiction to entertain any suit or proceeding in
respect of any matter which the Registrar, the Registrar General, or any other
authority empowered under this Regulation is required to determine; and no
injunction shall be granted by any court or other authority in respect of any action
taken in pursuance of any power conferred by or under this Regulation.
45 of 2023.
49 of 1988.
Registrar
General and
other officers to
be public
servants.
Protection of
action taken in
good faith.
Acts or
proceedings not
to be invalidated
by certain
defects.
Mode of service
of notice or
order.
Public
document.
47 of 2023.
E-governance.
Governance.
Bar of
jurisdiction of
civil courts.
58. (1) Any dispute relating to membership, including admission, termination
or rights of members, shall be decided by the 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 49.
(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 ensuing
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 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.
59. The Government shall 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.
60. (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.
61. 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.
62. (1) If any difficulty arises in giving effect to the provisions of this
Regulation, the Administrator may, by an order published in the Official Gazette,
make such provisions, not inconsistent with the provisions of this Regulation, as
may appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of the period of two
years from the date of commencement of this Regulation.
(2) Every order made under this section shall, as soon as may be after it is
made, be laid before each House of Parliament.
63. (1) The Societies Registration Act, 1860, in its application to the Union
territory of Lakshadweep is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the
said Act (including any order, rule, regulation, instructions, certificate or bye-laws)
in the exercise of any power conferred by or under the repealed Act shall be deemed
to have been done or taken in the exercise of the powers conferred by corresponding
provisions of this Regulation.
(3) Subject to sub-section (4) of section 6, any society registered at any place
in the Union territory of Lakshadweep under the Societies Registration Act, 1860,
shall be deemed to have been registered under this Regulation, and its principal
office shall be deemed to be the registered office:
Settlement of
disputes,
distribution of
surplus, fees
and recovery of
dues.
Power to issue
directions.
Power to make
rules and
laying.
Act to have
overriding
effect.
Removal of
difficulties.
Repeal and
saving.
21 of 1860.
21 of 1860.
Provided that-
(i) the Memorandum and the bye-laws of any such society, to the extent
they are inconsistent with any of the provisions of this Regulation and the rules
made thereunder, shall be 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 allow,
and thereafter, to the extent of such repugnancy or inconsistency, be deemed
to be void and of no effect;
(ii) any officer elected or appointed to and holding office 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.
(4) Nothing under this Regulation shall affect any right, privilege, obligation,
liability or punishment provided under the repealed Act:
Provided that any investigation or proceedings, including proceedings for
dissolution, or the supersession of the Governing Body or appointment of an
administrator commenced before the coming into force of this Regulation, shall be
continued and conducted in accordance with the provisions contained in this
Regulation.
(5) The mention of particular matters referred to in this section shall not be
held to prejudice or affect the general application of section 6 of the General Clauses
Act, 1897, with regard to the effect of repeal.
10 of 1897.
DROUPADI MURMU,
President.
DR. RAJIV MANI,
Secretary to the Govt. of India.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI-110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-110054.
KSHITIZ MOHAN
Date: 2025.11.17
20:25:23 +05'30'
MGIPMRND—331GI (S4)—17-11-2025.