It is an association of persons united together
by mutual consent to act for some common purpose THE SOCIETIES REGISTRATION ACT,
1860.Sec.20 deals the term Society in this act. Society can form by 7 or
more persons, eligible to enter in to a contract
In the state of Kerala, two Acts are applicable:
1. Malabar Region:
Societies Registration Act, 1860 as amended by the Madras Act No. 24 of 1954.
2. Rest of the
state: The Travancore-Cochin Literary, Scientific and Charitable Societies
Registration Act, 1955.
Malabar
Region - [Societies Registration Act, 1860 as amended by Madras Act No.
24 of 1954]
Malabar Region includes six districts of present Kerala state.
These are Kasaragod, Kannur, Wayanad, Kozhikode ,
Malappuram, and Palakkad.
Registration
By filing Memorandum of Association and certified copy of Rules and
Regulations (Sec. 3). All documents to be filed with the Inspector General of
Registration.
Alteration
You are allowed to alter the objects of the society, change its
name or merge with another society. For this, you have to convene two general
body meetings and three-fifths of the members have to approve the change (Sec.
12).
List of Governing Body Members
To be filed every year within fourteen days of annual general
meeting. This should be filed in January, if general meetings are not held
(Sec. 4).
Accounts
No specific provisions.
Dissolution
Three-fifths of the members or more may decide in a general meeting
to dissolve the society (Sec. 13). The Government's consent is required for
dissolving the society, if it is a member or a contributor or interested in the
society. However, the government can neither dissolve a society on its own, nor
can it take over the society.
Disposal of property upon dissolution
A society's property cannot be distributed among its members.
However, three-fifths of the members present at the time of dissolution can
give the property (left after satisfaction of all debts and liabilities) to
another society (Sec. 14).
Others
All documents of the society are open to public for inspection on
payment of Re.1. Copies can be taken and also can be certified by Inspector
General of Registration (Sec. 19).
Rest of the State of Kerala
The remaining districts i.e. Thrissur, Eranakulamm, Idukki,
Kottayam, Alappuzha, Pathanamititta, Kollam and Thiruvananthapuram are covered
under the Travancore Act.
Registration
By filing Memorandum of Association and certified copy of Rules and
Regulations (Sec. 3). All documents to be filed with the Registrar of Societies
along with a fee of Rs.100.
Alteration
You are allowed to alter the objects of the society, or merge with
another society. For this, you have to convene two general body meetings and
three-fifths of the members have to approve the change (Sec. 18).
For any change to memorandum or rules and regulations of a society,
a resolution has to be passed at a general meeting. A certified copy of such
resolution effecting the amendment has to be filed with the Registrar within 14
days of the meeting (Sec. 22). There is no special provision for change of name
under the Act.
Annual General Meeting
The governing body of the society should hold the first general
meeting of the society within 18 months from the date of registration. After
that, the general meeting should be held in every calendar year within 15
months of the previous meeting [Sec. 7(1)].
List of Governing Body Members
The society should have a minimum of three persons in the governing
body. The list is to be filed every year within fourteen days of annual general
meeting [Sec. 7(3)].
Accounts
The governing body of the society has to maintain proper books of
accounts (Sec. 12).
An audited Balance Sheet and Income and Expenditure Account signed
by at least three members of the governing body should be filed every year with
the registrar within 21 days of the general meeting (Sec. 13).
The state government has power to call upon the governing body to
periodically submit Balance Sheet and Income and Expenditure Account of the
society.
The registrar can examine the book of the society periodically, and
submit a report (of the inspection) to the government. It is the duty of the
governing body to assist the inspecting officer [Sec. 19(1)].
Such Inspecting Officer can enter the premises of the society. He
can also search any other place and may seize the account books or documents
[Sec. 19(2)].
The State Government can pass any order that it deems fit after
reviewing the report [Sec. 19(3)].
Dissolution
Three-fourths of the members or more may decide in a general
meeting to dissolve the society (Sec. 23). Government's consent is required for
dissolving the society, if it is a member or a contributor or interested in the
society (Sec. 23).
Alternatively, 10% of members on the rolls of a society can apply
to the District Court83 for dissolution of the society (Sec. 25). The State
Government can also make this application to the District Court. However, it
can neither dissolve a society on its own, nor can it take over a society.
Disposal of property upon dissolution
A society's property can not be distributed among its members.
However, three-fifths of the members present at the time of dissolution can
decide to give the property (left after satisfaction of all debts and
liabilities) either to the State Government or to another society with similar
objects (Sec. 24).
Others
All documents of the society are open to public for inspection on
payment of Re.1. Copies can be taken and also can be certified by the Registrar
(Sec. 31).
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