There are numerous endeavors on the planet which a man or gathering of persons might want to attempt however which typically as indicated by their families or companions are not worth seeking after. Here and there these endeavors advantage the general public as well however because of absence of assets, outside weights and so forth the gatherings separate and the fantasy of accomplishing something is lost in the fog. It is with this perspective to advance such social welfare exercises the Societies Registration Act was acquired into impact 1860 so individuals could shape a general public, have a very much characterized reason, have enough assets, stores and so on and are likewise invulnerable from outer weights, strains and so forth. so that their reasons for existing are satisfied.
Act 21 of 1860
The social orders Registration Act, 1860 (21 of 1860) came into power on 21st May, 1860.
(21 of 1860)
[21st May, 1860]
An Act for the Registration of Literary, Scientific and Charitable Societies
While it is practical the procurement ought to be made for enhancing the lawful state of social orders set up for the advancement of writing, science, or the expressive arts, or for the dissemination of helpful information, the dispersion of political training or for beneficent purposes; it is sanctioned as takes after:
Segment 1. Social orders framed by update of affiliation and enlistment.
any seven or more persons related for any abstract, exploratory, or beneficent reason, or for any such reason as is depicted in area 20 of this Act, might, by subscribing their names to a reminder of affiliation, and documenting the same with Registrar of Joint-stock Companies from themselves into a general public under this Act.
Area 2. Notice of affiliation.
The update of affiliation should contain the accompanying things, that is to say,- the name of society; the object of the general public; the names, locations, and occupations of the governors, gathering, chiefs, council, or other administering body to whom, by the guidelines of the general public, the administration of its issues is endowed.
A duplicate of the principles and regulations of the general public, affirmed to be a right duplicate by at the very least three of the individuals from the administering body, should be documented with the update of affiliation.
Segment 3. Enrollment and expenses.
Upon such update and affirmed duplicate being recorded, the Registrar should ensure under his hand that the general public is enlisted under this Act. There should be paid to the Registrar for each such enrollment an expense of fifty rupees, or such littler charges as the state Government might, every once in a while, direct; and all expenses so paid might be represented to the state Government.
Area 4. Yearly rundown of overseeing body to be documented.
Once in consistently, at the latest the fourteenth day succeeding the day on which, as per the standards of the general public, the yearly broad meeting of the general public is held, or, if the tenets don’t accommodate a yearly broad meeting, in the month of January, a rundown should be documented with the Registrar of Joint-stock Companies, of the names, locations and occupations of the governors, gathering, executives, board, or other administering body then depended with the administration of the undertakings of the general public.
Area 5. Property of society how vested.
The property, versatile and ardent, fitting in with a general public enrolled under this Act, if no vested in trustees, might be regarded to be vested, until further notice, in the representing group of such society, and in all procedures, common and criminal, might be depicted as the property of the administering collection of such society for their legitimate title.
Area 6. Suits by and against social orders.
Each general public enrolled under this Act might sue or be sued for the sake of President, Chairman, or Principal Secretary, or trustees, as should be dictated by the guidelines and regulations of the general public and, in default of such determination, for the sake of such individual as might be delegated by the administering body for the event:
Given that it might be skillful for any individual having a case, or request against the general public, to sue the President, Chairman, or Principal Secretary or the trustees thereof, if on application to the overseeing body some other officer or individual be not selected to be the respondent.
Segment 7. Suits not to decrease.
No suit or continuing in any Civil Court should decrease or suspend by reason of the individual, by or against whom such suit or procedures might have been brought or kept, passing on or stopping to fill the character in the name whereof he might have sued or been sued, yet the same suit continuing should be proceeded for the sake of or against the successor or such individual.
Area 8. Requirement of judgment against society.
On the off chance that a judgment should be recouped against the individual or officer named in the interest of the general public, such judgment might not be placed in power against the property, portable or resolute, or against the assemblage of such individual or officer, however against the property of the general public.
The application for execution might set forward the judgment, the reality of the gathering against whom it should have been recuperated having sued or having been sued, as the case might be, in the interest of the general public just, and should require to have the judgment upheld against the property of the general public.
Area 9. Recuperation or punishment collecting under bye-law.
At whatever point by any bye-law appropriately made as per the principles and regulations of the general public, or, if the tenets don’t accommodate the making of bye-laws, by any bye0law made at a general meeting of the individuals from the general public met for the reason for the making of which the simultaneous votes of three-fifths of the individuals present at such meeting should be vital any monetary punishment is forced for the break of any standard or bye-law of the general public, such punishment, when accumulated, might be recoverable in any court having purview where the respondent should dwell, or the general public might be arrange, as the administering body thereof might esteem convenient.
Area 10. Individuals at risk to be sued as outsiders.
Any part who might be in arrear of a membership which as indicated by the guidelines of the general public he will undoubtedly pay, or who should have himself of or keep any property of the general public in a way or for a period in opposition to such standards, or should harm or wreck any property of the general public, might be sued for such arrear or for the harm collecting from such detainment, damage, or devastation of the property in the way hereinbefore gave.
Recuperation by fruitful respondent of costs declared.- But in the event that the litigant might be effective in any suit or different procedures brought against him at the occasion of the general public, and should be decreed to recoup his costs, he might choose to continue to recuperate the same from the officer in whose name the suit should be brought, or from the general public, and in the last body of evidence might have process against the property of the said society in the way above depicted.
Area 11. Individuals liable of offenses culpable as outsiders.
Any individual from the general public who might take, purloin, or steal any cash or other property, or persistently and malignantly demolish or harm any property of such society, or should fashion and deed, security, security for cash, receipt, or other instrument, whereby the assets of the general public might be presented to misfortune, might be liable to the same indictment, and, if sentenced, might be obligated to be rebuffed in like way, as any individual not a part would be subject and at risk to in admiration of the like offense.
Area 12. Social orders empowered to modify, augment or shorten their reasons.
At whatever point it might appear to the overseeing body of any general public enlisted under this Act, which has been set up for a specific reason or purposes, that it is prudent to change, amplify, or abbreviate such reason to or for different purposes inside in the importance of this Act, or to amalgamate such society either completely or somewhat with some other society, such representing body might present the recommendation to the individuals from the general public in a composed or printed report, any might gather an exceptional meeting for the thought thereof as indicated by the regulations of the general public; however no such suggestion should be conveyed into impact unless such report should have been conveyed or sent by post to each individual from the general public ten days past to the uncommon meeting changed over by the administering body for the thought thereof, no unless such recommendation might have been consented to by the votes of three-fifths of the individuals conveyed in individual or as a substitute, and affirmed by the votes of three-fifths of the individuals present at a second extraordinary meeting assembled by the administering body at an interim of one month after the previous meeting.
Segment 13. Procurement for disintegration of social orders and change of their issues.
Any number at the very least three-fifths of the individuals from any general public might discover that it should be broken up, and immediately it might be disintegrated forthwith, or at the time then settled upon, and every important step should be taken for the transfer and settlement of the property of the general public, its cases and liabilities, as per the standards of the said society relevant thereto, if any, and if not, then as the representing body might discover convenient gave that, in the occasion of any debate emerging among the said administering body or the individuals from the general public, the conformity of its issues should be alluded to the central Court of unique common locale of the area in which the head working of the general public is arranged; and the Court might make such request in the matter as it might esteem essential.
Consent required.- Provided that no general public might be broken up unless three-fifths of the individuals should have communicated a wish for disintegration by their votes conveyed in individual by their votes conveyed in individual, or as a substitute, at a general meeting gathered for the reason:
Government assent.- Provided that at whatever point any administration is an individual from, or a supporter to, or generally intrigued by any general public enrolled under this Act, such society might not be broken up without the assent of the Government of the State or enlistment.
Segment 14. Upon a disintegration no part to get benefit.
In the event that upon the disintegration of any general public enlisted under this Act there should stay, after the fulfillment of every one of its obligations and liabilities, any property at all, the same might not be paid to or dispersed among the individuals from the said society or any of them, yet should be given to some other society, to be dictated by the votes of at the very least three-fifths of the individuals display actually or as a substitute at the season of the disintegration, or, in default thereof, by such court as aforementioned:
Statement not to apply to Joint-stock organizations.- Provided, in any case, that this provision might not make a difference to any general public which has been established or built up by the commitments of offer holders in the way of a Joint-stock Company.
Area 15. Part characterized.
For the reasons of this Act an individual from a general public should be a man who, having been conceded in that as indicated by the tenets and regulations thereof, might have paid a membership, or might have marked the roll or rundown of individuals thereof, and should not have surrendered as per such principles and regulations;
Precluded individuals.- however in all procedures under this Act no individual should be qualified for vote or be considered a part whose membership at the time might have been past due for a period surpassing three months.
Segment 16. Representing body characterized.
The administering body of the general public might be the governors, chamber, chiefs, board of trustees, trustees or other body to whom by the guidelines and regulations of the general public the administration of its issues is depended.
Area 17. Enrollment of social orders framed before Act.
Any organization or society set up for an abstract, exploratory or beneficent reason, and enlisted under Act 43 of 1850, or any such society set up and constituted beforehand to the death of this Act however not enrolled under this said Act 43 of 1850, might whenever in the future be enlisted as a general public under this Act;
Consent obliged.- subject to the stipulation that no such organization or society might be enrolled under this Act unless a consent to its being so enlisted has been given by three-fifths of the individuals show by and by, or as a substitute, at some broad meeting gathered for that reason by the overseeing body. On account of an organization or society enlisted under this Act 43 of 1850, the chiefs might be considered to be such overseeing body. On account of a general public not all that enlisted, if so such body might have been constituted on the foundation of the general public, it should be equipped for the individuals thereof, upon due notification, to make for itself a representing body to represent the general public thereupon.
Area 18. Such social orders to document update, and so on., with Registrar of Joint-stock organizations.
Keeping in mind the end goal to any such society as is said in the last going before area getting registry under this Act, it might be adequate that the representing body record with the Registrar of Joint-stock Companies a notice demonstrating the name of the general public, the objects of the general public, and the names, location and occupations of the administering body, together with a duplicate of the guidelines and regulations of the general public confirmed as gave in segment 2, and a duplicate of the report of the procedures of the general meeting at which the enrollment was determined on.
Segment 19. Examination of reports.
Any individual might examine all archives recorded with the Registrar under this Act on installment of an expense of one rupee for every review; and any individual might require a duplicate or concentrate of any report or any part of any record, to be guaranteed by the recorder, on installment of two annas for each hundred expressions of such duplicate or remove; and such affirmed duplicate should be at first sight confirmation of the matter in that contained in every lawful continuing whatever.
Segment 20. What exactly social orders Act applies.
The accompanying social orders might be enlisted under this Act:-
Magnanimous social orders, the military vagrants assets or social orders set up at the few administrations of India, social orders built up for the advancement of science, writing, or the expressive arts for direction, the dispersion of helpful information, the dissemination of political instruction the establishment or support of libraries or perusing spaces for general use among the individuals or open to people in general or open exhibition halls and displays or sketches and different gems, accumulations of normal history, mechanical and philosophical innovations, instruments, or outlines.