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		<title>THE DADRA AND NAGAR HAVELI AND DAMAN AND DIU REGISTRATION OF SOCIETIES REGULATION, 2026</title>
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					<description><![CDATA[<p>THE DADRA AND NAGAR HAVELI AND DAMAN AND DIU REGISTRATION OF SOCIETIES REGULATION, 2026 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) MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 15th May, 2026/Vaisakha 25, 1948 (Saka)… <span class="read-more"><a href="https://www.taxheal.com/the-dadra-and-nagar-haveli-and-daman-and-diu-registration-of-societies-regulation-2026.html">Read More &#187;</a></span></p>
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										<content:encoded><![CDATA[<h3 style="text-align: center;">THE DADRA AND NAGAR HAVELI AND DAMAN AND DIU REGISTRATION OF SOCIETIES REGULATION, 2026</h3>
<p><img fetchpriority="high" decoding="async" class="aligncenter" src="https://upload.wikimedia.org/wikipedia/commons/7/75/Logo_of_the_Gazette_of_India.svg" alt="THE DADRA AND NAGAR HAVELI AND DAMAN AND DIU REGISTRATION OF SOCIETIES REGULATION, 2026" width="678" height="261" /></p>
<h2 style="text-align: center;"><strong> The Gazette of India</strong></h2>
<p style="text-align: center;"><strong>CG-DL-E-15052026-272607</strong></p>
<p style="text-align: center;"><strong>EXTRAORDINARY</strong></p>
<p style="text-align: center;"><strong>PART II — Section 1</strong></p>
<p style="text-align: center;"><strong>PUBLISHED BY AUTHORITY</strong></p>
<p style="text-align: center;"><strong>No. 17] NEW DELHI, FRIDAY, MAY 15, 2026/VAISAKHA 25, 1948 (Saka)</strong></p>
<p style="text-align: center;">MINISTRY OF LAW AND JUSTICE<br />
(Legislative Department)</p>
<p style="text-align: left;">
New Delhi, the 15th May, 2026/Vaisakha 25, 1948 (Saka)<br />
The Following Act of Parliament received the assent of the President on the<br />
6th April, 2026 and is hereby published for general information:—</p>
<p>THE DADRA AND NAGAR HAVELI AND DAMAN AND DIU<br />
REGISTRATION OF SOCIETIES REGULATION, 2026</p>
<p>NO. 4 OF 2026</p>
<p>Promulgated by the President in the Seventy-seventh Year of the Republic of India.</p>
<p>A Regulation to consolidate the laws relating to the registration and regulation of<br />
societies in the Union territory of Dadra and Nagar Haveli and Daman and<br />
Diu, for promoting art, fine arts, charity, craft, culture, education, literature,<br />
philosophy, political education, religion, sports, science and for any public or<br />
charitable purpose, and for matters connected therewith or incidental thereto.<br />
In exercise of the powers conferred by article 240 of the Constitution, the<br />
President is pleased to promulgate the following Regulation made by her:––</p>
<p>CHAPTER I<br />
PRELIMINARY</p>
<p>1. (1) This Regulation may be called the Dadra and Nagar Haveli and Daman<br />
and Diu Registration of Societies Regulation, 2026.<br />
(2) It extends to the whole of the Union territory of Dadra and Nagar Haveli<br />
and Daman and Diu.</p>
<p>NO. 4 OF 2026<br />
CG-DL-E-15052026-272607</p>
<p>2 THE GAZETTE OF INDIA EXTRAORDINARY 2 [Part II—</p>
<p>Definitions.<br />
(3) It shall come into force on such date, as the Administrator, may, by<br />
notification in the Official Gazette, appoint and different dates may be appointed for<br />
different provisions of this Regulation.</p>
<p>2. In this Regulation, unless the context otherwise requires,—<br />
(a) “Administrator” means the Administrator of the Union territory of<br />
Dadra and Nagar Haveli and Daman and Diu;<br />
(b) “bye-laws” means the bye-laws of a society;<br />
(c) “defunct society” means a society which is not carrying on any<br />
business or operation, or has not filed its annual or other returns with the<br />
Registrar continuously for such period, as may be notified;<br />
(d) “district” means a revenue district notified by the Government under<br />
the Registration Act, 1908;<br />
(e) “District Registrar” means an officer appointed under sub-section (3)<br />
of section 3;<br />
(f) “document” means and includes the register of members, books of<br />
account, returns, annual returns, other statutory registers, summons, notice,<br />
requisition, order or other legal processes, whether issued or kept in pursuance<br />
of this Regulation or any other Regulation or any other law for the time being<br />
in force in the Union territory of Dadra and Nagar Haveli and Daman and Diu;<br />
(g) “due date” means the date on which the term of a Governing Body<br />
of a society expires and by which the elections of the successor body shall be<br />
completed;<br />
(h) “financial year” means the period commencing from the 1st day of<br />
the month of April of a year and ending with the 31st day of the month of<br />
March of the following year;<br />
(i) “General Body” means the body of all members of a society as<br />
specified in section 15;<br />
(j) “Governing Body” means the body of members elected by the<br />
General Body as specified in sub-section (1) of section 17;<br />
(k) “Government” means the Union territory Administration of Dadra<br />
and Nagar Haveli and Daman and Diu, headed by the Administrator appointed<br />
under article 239 of the Constitution, by the President of India;<br />
(l) “major” means a person who has completed the age of eighteen years;<br />
(m) “member” means a person who fulfils the eligibility criteria for<br />
becoming a member of a society as specified in section 10 and has been<br />
admitted as a member of the society in accordance with its bye-laws;<br />
(n) “Memorandum” means the memorandum of association of a society<br />
in accordance with the provisions of this Regulation;<br />
(o) “notification” means a notification published in the Official Gazette<br />
and the expression “notified” shall be construed accordingly;<br />
(p) “office-bearer” means and includes the President, Vice-President,<br />
Secretary, Joint Secretary, Manager, Treasurer or any other member of the<br />
Governing Body empowered under the bye-laws to give directions in regard<br />
to the conduct of business of the society;<br />
(q) “Official Gazette” means the Official Gazette of the Union territory<br />
of Dadra and Nagar Haveli and Daman and Diu;<br />
(r) “prescribed” means prescribed by rules made under this Regulation;<br />
16 of 1908.</p>
<p>(s) “public notice” means a notice published in at least two newspapers<br />
largely circulating in the area, of which one shall be in vernacular, and copy<br />
of which is also displayed on the notice board of the office of the District<br />
Registrar;<br />
(t) “Registrar” means the Registrar of Societies appointed under<br />
sub-section (2) of section 3;<br />
(u) “Registrar General” means the Registrar General of Societies<br />
appointed by the Government under sub-section (1) of section 3;<br />
(v) “rules” means the rules made under this Regulation;<br />
(w) “society” means a society duly registered under the provisions of<br />
section 8;<br />
(x) “special resolution” means a resolution passed in a meeting of the<br />
General Body, in which at least forty per cent. of the members entitled to vote<br />
are present and the resolution is approved by at least three-fifths of the<br />
members so present and voting; and<br />
(y) “State-aided society” means a society, which is in receipt of any<br />
recurring grant or financial aid from the Government, or a local body, or any<br />
of its entities, to manage its facilities or institutions established in accordance<br />
with the objectives set out in its Memorandum or its bye-laws and shall include<br />
a society where any one or more of its institutions are receiving such aid.</p>
<p>CHAPTER II<br />
OFFICERS OF SOCIETY</p>
<p>3. (1) The Government may, by order published in the Official Gazette,<br />
appoint an officer not below the rank of Secretary, as the Registrar General of<br />
Societies, who shall exercise such powers and perform such duties and functions, as<br />
are conferred upon him by or under this Regulation.<br />
(2) The Government may, by order, appoint––<br />
(a) a Group ‘A’ officer of the Government not below the rank of Joint<br />
Secretary, as the Registrar of Societies; and<br />
(b) other officers of the Government, not below the rank of Group ‘B’<br />
officer, as Additional Registrar or Joint Registrar, to assist the Registrar in the<br />
discharge of his functions and empower them to exercise such powers and<br />
perform such duties and functions, as may be assigned to them, from time to<br />
time.<br />
(3) The Government may further appoint District Registrars not below the<br />
rank of Group ‘B’ officer in the Government, to exercise such powers and perform<br />
such duties and functions, as may be assigned to them under this Regulation, in<br />
respect of the territorial jurisdiction of one or more districts.<br />
(4) The Government may also appoint certain officers not below the rank of<br />
Group ‘B’ officer of the Government as Deputy District Registrars or Assistant<br />
District Registrars as per relevant service rules or terms of employment and<br />
empower them to perform such duties and functions, as may be assigned to them,<br />
from time to time.<br />
(5) The officers appointed under this section shall exercise the powers and<br />
perform the duties and functions as may be assigned to them under the overall<br />
administrative control and superintendence of the Government.</p>
<p>4. Every officer exercising or authorised to exercise powers under this<br />
Regulation or the rules made thereunder shall be deemed to be a public servant<br />
within the meaning of clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023<br />
and clause (c) of section 2 of the Prevention of Corruption Act, 1988.<br />
5. No suit, prosecution or other legal proceedings shall lie against the Registrar<br />
General or any official subordinate to him or acting under his authority, in respect<br />
of anything done by him or purporting to have been done by him in good faith under<br />
this Regulation.</p>
<p>CHAPTER III<br />
AIMS AND OBJECTS OF SOCIETY</p>
<p>6. Any seven or more persons associated for––<br />
(a) any literary, scientific or charitable purpose; or<br />
(b) military orphan funds; or<br />
(c) the promotion of science, literature, or the fine arts for instruction,<br />
the diffusion of useful knowledge, the diffusion of political education; or<br />
(d) the foundation or maintenance of libraries or reading rooms for<br />
general use among the members or open to the public; or<br />
(e) public museums and galleries of paintings and other works of art,<br />
collections of natural history, mechanical and philosophical inventions,<br />
instruments, or designs; or<br />
(f) the promotion of conservation and sustainable use of natural<br />
resources such as, land, water, forests and wildlife; or<br />
(g) the formation of welfare associations of flats, tenements,<br />
condominiums or floor space owners,<br />
may, by subscribing their names to a Memorandum of Association, and filing the<br />
same with the Registrar General, form themselves into a society under this<br />
Regulation.</p>
<p>CHAPTER IV<br />
REGISTRATION OF SOCIETY</p>
<p>7. (1) Every application for approval of the name of a society and for its<br />
registration shall be filed with the District Registrar, in whose jurisdiction the<br />
registered office of such society is situated, along with the Memorandum and the<br />
bye-laws prepared in accordance with the provisions of this Regulation and<br />
containing all such particulars, in such form, on payment of such fee and in such<br />
manner, as may be prescribed:</p>
<p>Provided that if the proposed name is identical with that by which any other<br />
existing society referred to in sub-section (3) of section 61 has been registered or,<br />
in the opinion of the Registrar, so nearly resembles such name as to be likely to<br />
deceive the public, the Registrar shall refuse to register the name.<br />
(2) No society shall be registered with a name which contravenes the<br />
provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950.<br />
(3) Except with the previous approval of the Government in writing, no society<br />
shall be registered by a name which contains any of the following expressions,<br />
namely:––</p>
<p>(a) “co-operative or land development”; or<br />
(b) “Reserve Bank”; or</p>
<p>(c) “Union” or “State” or “national” or “international” or “universal” or<br />
any word expressing or implying the sanction, approval or patronage of the<br />
Central Government or any State Government or Union territory<br />
Administration; or<br />
(d) “Municipal” or “Panchayat” or “chartered”; or<br />
(e) “Investigation Bureau” or any other word which suggests or is<br />
calculated to suggest connection with any municipality, statutory,<br />
investigating or intelligence agency or other local authority.</p>
<p>8. (1) The District Registrar shall, after scrutiny of the application filed under<br />
sub-section (1) of section 7 and the documents presented before him, if is satisfied<br />
that the applicant has complied with all the provisions of this Regulation and the<br />
rules made thereunder, he shall enter the particulars of the society registered in a<br />
register maintained by him in physical or electronic form and issue a certificate of<br />
registration in such form and manner as may be prescribed.<br />
Explanation.––For the purposes of this sub-section, the expression “electronic<br />
form” shall have the same meaning as assigned to it in clause (r) of sub-section (1)<br />
of section 2 of the Information Technology Act, 2000.<br />
(2) The District Registrar may, for reasons to be recorded in writing, refuse to<br />
register a society and shall communicate the same to the applicant.<br />
(3) The District Registrar shall decide an application filed under<br />
sub-section (1) within such period as may be prescribed in this behalf.<br />
(4) Every society registered under this section shall be assigned a distinct<br />
registration number.<br />
(5) Every existing society shall apply to the District Registrar for obtaining a<br />
new registration number within a period of one year from the date of<br />
commencement of this Regulation or such further period, as the Government may,<br />
by notification specify, in such form and manner, as may be prescribed.<br />
(6) Where an existing society has not applied for obtaining a new registration<br />
number under sub-section (5) within a period specified therein, then such existing<br />
society shall apply for obtaining new registration on payment of such fee, as may<br />
be prescribed, within a period of six months from the date of expiry of the period<br />
specified in the said sub-section, and if the society fails to apply for new registration<br />
number within such extended period, the registration of that existing society shall<br />
be treated as cancelled.<br />
(7) A certificate of registration issued by the District Registrar shall be<br />
conclusive proof that the society mentioned in it is duly registered, unless proved<br />
otherwise.<br />
(8) Every society registered under this Regulation shall prominently display<br />
its name along with registration number outside its registered office or any other<br />
place where it is carrying on its business or operations, and shall have a seal with its<br />
name engraved thereon.<br />
(9) Every society registered under this Regulation shall be a legal entity, by<br />
the name in which it has been registered, having perpetual succession and a common<br />
seal, with the power, subject to the provisions of this Regulation, to acquire, hold<br />
and dispose of property, both movable and immovable, and to contract and to<br />
institute and defend suits and other legal proceedings and to do all other things<br />
necessary for the furtherance of the aims of the society for which it has been<br />
registered.<br />
(10) In this section, “existing society” means a society referred to in<br />
sub-section (3) of section 61.<br />
Registration.</p>
<p>9. (1) Every society shall have a registered office situated at any place in the<br />
district in which it is registered, to which all communications and notices shall be<br />
addressed.<br />
(2) Every society shall obtain approval from the District Registrar for change<br />
of its name or address within thirty days of such change, and the District Registrar<br />
shall record such change of name or address in the certificate of registration and the<br />
register of societies.<br />
(3) Any change of the registered office of a society to a place outside the<br />
district in which it is registered, shall be intimated to the District Registrars of both<br />
the districts.<br />
(4) The change of name by any society shall not affect its rights and liabilities<br />
or any legal proceedings, by or against it.</p>
<p>CHAPTER V<br />
MEMBERSHIP OF SOCIETY</p>
<p>10. (1) A person shall be eligible to become a member of a society, if he—<br />
(a) is a major of age as on the date of admission;<br />
(b) subscribes to the aims and objects of the society;<br />
(c) has deposited the membership fee as specified in the bye-laws of the<br />
society; and<br />
(d) is not an insolvent or of unsound mind or have not been convicted of<br />
an offence involving moral turpitude, punishable with imprisonment of one<br />
year or more.<br />
(2) A partnership firm, whether registered or not, or a body corporate of<br />
whatever description, shall not be eligible to be a member of a society under<br />
sub-section (1).<br />
(3) Nothing contained in sub-section (2) shall prevent a partner as defined in<br />
section 4 of the Indian Partnership Act, 1932 or, a member or shareholder of a body<br />
corporate, to become a member in his individual capacity.<br />
11. (1) Every society shall maintain a register of its members at its registered<br />
office and shall enter therein the particulars of admission or removal of any member<br />
or the cessation of any membership, within fifteen days of such admission or<br />
removal or the cessation of membership, as the case may be, in such form and<br />
manner, as may be prescribed.<br />
(2) Every society shall file a copy of the register of members maintained by it<br />
with the District Registrar, if not filed by it at the time of registration, within sixty<br />
days from the date of its registration.<br />
(3) The society shall file an updated list of members, duly certified by the<br />
authorised officer of the society, separately showing the inclusions and deletions, if<br />
any, every year within a period of sixty days from the close of the financial year in<br />
the office of the Registrar, in such manner as may be prescribed.<br />
(4) The register of members shall be kept open at the registered office of the<br />
society and remain accessible to any officer of the office of District Registrar,<br />
Registrar, Registrar General or any member of the society, during its business hours.<br />
(5) Every person, who is a member of the society on the date of notification<br />
of elections, shall have the right to exercise his vote in person, subject to the<br />
condition that he is not being in arrears of membership fees or annual subscription<br />
for such period as may be prescribed.</p>
<p>(6) Every member shall, after giving reasonable notice, have the right to<br />
inspect the books of account and books containing the minutes of proceedings of<br />
meetings, on any working day during business hours.<br />
12. A member, admitted to a society, shall cease to be so in the following<br />
events, namely:––<br />
(a) upon submission and acceptance of his resignation; or<br />
(b) if he ceases to fulfil the eligibility condition for being admitted as a<br />
member as mentioned in section 10; or<br />
(c) upon his failure to pay membership fee or annual subscription fee<br />
continuously for such period as may be prescribed; or<br />
(d) upon the death of a member:<br />
Provided that in case of a housing society or a resident welfare<br />
association registered as a society for the operation, management and<br />
maintenance of facilities for the residents or civic amenities of any defined<br />
area, the nominee or the legal heir of such member shall be enrolled as a<br />
member subject to fulfilment of qualifications and eligibility conditions as laid<br />
down in the bye-laws and the provisions of this Regulation.</p>
<p>CHAPTER VI<br />
MEMORANDUM AND BYE-LAWS OF SOCIETY</p>
<p>13. (1) The Memorandum shall state––<br />
(a) the name of the society;<br />
(b) the aims and objects of the society;<br />
(c) the names, addresses and occupations of the members of the first<br />
Governing Body to whom the management of its affairs is entrusted under the<br />
bye-laws; and<br />
(d) the address of the registered office of the society.<br />
(2) The Memorandum and bye-laws, certified to be a true copy by not less<br />
than three members, shall be filed with the Registrar at the time of registration of<br />
the society.</p>
<p>14. (1) A society may, by a special resolution of the Governing Body, amend<br />
the provisions of its Memorandum with respect to––<br />
(a) change in name of society; or<br />
(b) change in the aims and objects of the society, as may be permissible<br />
under this Regulation.<br />
(2) A society may amend its bye-laws by a special resolution.<br />
(3) Any special resolution passed under sub-section (1) or sub-section (2) shall<br />
be filed with the District Registrar within thirty days from the date of approval<br />
thereof and the District Registrar may, if he is satisfied that the same is in accordance<br />
with the provisions of this Regulation and the rules made thereunder, register the<br />
amendments so made and any such change shall have no effect until it has been so<br />
registered.</p>
<p>(4) If the District Registrar refuses to register the amendments made in the<br />
Memorandum or the bye-laws of a society under sub-section (3), he shall<br />
communicate the reasons therefor in writing within a period of sixty days of filing<br />
of the special resolution by the society, and the special resolution so passed by the<br />
society shall have no effect:</p>
<p>Provided that if the District Registrar fails to communicate the reasons within<br />
sixty days, the special resolution shall be deemed to have been registered by him.<br />
(5) Notwithstanding anything contained in this Regulation or the rules made<br />
thereunder, if the Registrar considers that an amendment of the Memorandum or<br />
bye-laws is necessary or desirable to bring the same in conformity with the<br />
provisions of this Regulation or the rules made thereunder, he may, by an order in<br />
writing, direct the society to make such amendment within such time, as may be<br />
specified, in such order and the same shall be final and binding on the society and<br />
its members.</p>
<p>CHAPTER VII<br />
GENERAL BODY AND GOVERNING BODY</p>
<p>15. (1) The total number of persons admitted as members of a society in<br />
accordance with the provisions of this Regulation shall constitute its General Body.<br />
(2) Every society shall specify in its bye-laws the composition of its General<br />
Body, its powers, functions and duties, the periodicity of and the quorum for the<br />
meetings, the manner of recording its proceedings and all other matters relating to<br />
the affairs of the General Body.<br />
(3) The quorum for the meeting of the General Body shall not be less than<br />
forty per cent. of the total members entitled to vote and present in person, subject to<br />
a minimum of four members.<br />
(4) Every member shall have one vote and shall cast his vote in person or<br />
digitally.</p>
<p>16. (1) An annual general meeting of the General Body, may be held as and<br />
when required:<br />
Provided that at least one meeting of the General Body shall be held in every<br />
financial year in which the annual accounts of the society, duly audited, shall be<br />
placed before the members for approval.<br />
(2) A clear notice of fourteen days of every meeting shall be given to the<br />
members of the General Body, before the date appointed for the meeting and a copy<br />
of such notice along with the business to be transacted during the general meeting<br />
shall also be endorsed to the Registrar.</p>
<p>17. (1) The members of the General Body shall elect the Governing Body (by<br />
whatever name called), consisting of not less than three and not exceeding<br />
twenty-one members.<br />
(2) The office-bearers of the Governing Body shall comprise of the President,<br />
Secretary and Treasurer as a minimum, and other office-bearers shall be as specified<br />
in the bye-laws.<br />
(3) The society shall file the list of the elected office-bearers with the District<br />
Registrar within a period of thirty days of holding of the elections for the Governing<br />
Body, in such manner as may be prescribed.<br />
(4) The tenure of the Governing Body shall not exceed three years and the<br />
matters pertaining to re-election of any office-bearer shall be regulated in<br />
accordance with the bye-laws.<br />
(5) Every society shall maintain a register showing the names, addresses and<br />
occupation of the persons appointed or elected as office-bearers and shall file with<br />
the District Registrar,––<br />
(a) a copy of such register within a period of thirty days from the date of<br />
appointment or election of the office-bearers;</p>
<p>(b) a notice of every change in the office-bearer within a period of thirty<br />
days from the date of such change; and<br />
(c) the details of the office-bearers along with the annual return.<br />
(6) The constitution of the Governing Body, appointed or elected for the first<br />
time or thereafter, shall be valid only upon approval thereof by the District Registrar<br />
and its tenure shall commence from the date of its approval.<br />
(7) The District Registrar shall communicate the approval for the constitution<br />
of Governing Body, appointed or elected for the first time or thereafter, within a<br />
period of thirty days from the date of receipt of such application for approval, failing<br />
which, it shall be deemed to be approved.</p>
<p>18. (1) The meetings of the Governing Body may be held as and when<br />
required:<br />
Provided that the Governing Body shall meet once in every quarter and hold<br />
at least four meetings in a financial year.<br />
(2) A clear notice of three days of every meeting of the Governing Body shall<br />
be given by the Secretary of the Governing Body to the office-bearers before the<br />
date appointed for the meeting:<br />
Provided that the Governing Body may meet at shorter notice, wherever so<br />
required, with the consent of at least fifty per cent. of its members.<br />
19. (1) The society shall maintain record of the minutes of proceedings of<br />
every meeting of the General Body and Governing Body in the proceedings book<br />
separately maintained for this purpose and such minutes shall be signed by the<br />
President and Secretary of the society.<br />
(2) In case the minutes of the meeting are not signed by the President for any<br />
reasons, whatsoever, the Governing Body may authorise any of the office-bearer to<br />
sign such minutes.<br />
(3) The minutes of every meeting of the Governing Body or the General Body,<br />
as the case may be, shall be placed for confirmation in its succeeding meeting of<br />
such body.<br />
(4) Any resolution passed by the Governing Body or the General Body, as the<br />
case may be, during any of its meetings, which is not consistent with the provisions<br />
of this Regulation, or the rules made thereunder, or the bye-laws, shall be invalid.<br />
(5) No act or proceedings of a society or any of its office-bearer shall be<br />
deemed to be invalid merely on the ground of any vacancy or defect in the<br />
organisation of the society.<br />
20. Every society shall supply a copy of the balance-sheet or a statement of<br />
accounts together with the report of the auditor to every member of the General<br />
Body along with the notice of the annual general meeting and the same shall also be<br />
uploaded on the website of the society.</p>
<p>CHAPTER VIII<br />
PROPERTY AND FUNDS OF SOCIETIES</p>
<p>21. Every society registered under this Regulation may acquire movable or<br />
immovable property, on free-hold or on lease basis, from and out of its funds, or<br />
donations, grants or loans, in accordance with its bye-laws.<br />
22. All properties, movable and immovable, belonging to a society, whether<br />
acquired before or after its registration, shall vest in the society, and any such<br />
property may be referred to as the property of such society in any legal proceeding:</p>
<p>Provided that in case a housing society or a resident welfare association<br />
registered as a society for the operation, management and maintenance of facilities<br />
for the residents or civic amenities of any defined area, the property may vest in the<br />
members or their successor-in-interest who have contributed for acquisition of such</p>
<p>Provided further that where a society accepts a gift or donation of money or<br />
property of any other kind from any person or institution for a specific purpose, it<br />
shall use such money or property gifted or donated or any part thereof only for the<br />
purpose for which it has been so gifted or donated and for no other purpose.</p>
<p>23. (1) Every society registered under this Regulation shall be competent to<br />
sell, transfer or alienate any of its immovable properties subject to the following,<br />
namely:––</p>
<p>(a) in case the immovable property is acquired from the Government, or<br />
any of its instrumentalities or a municipal body or gram panchayat or any other<br />
authority, with the prior written permission of the Government;<br />
(b) in case the immovable property is acquired by means of a conditional<br />
gift or conditional donation from any source, in accordance with such<br />
conditions and subject to the prior permission of donor or his authorised<br />
representative and in case the donor is not alive and has left no such authorised<br />
representative, with the prior permission of the District Registrar;<br />
(c) in case the immovable property is acquired by the society from and<br />
out of its own resources or funds or borrowings, with the prior permission of<br />
the General Body, by a special resolution.</p>
<p>(2) The Governing Body shall determine the reserve price of any immovable<br />
property referred to in sub-section (1), which shall not be less than the applicable<br />
Collector rates, before its disposal, so as to ensure that it is not sold or transferred at<br />
an undervalued consideration.</p>
<p>(3) The expression “Collector rates,” referred to in sub-section (2), commonly<br />
known as circle rate or ready reckoner rates, means the minimum price value set by<br />
the Government to determine the stamp duty and registration charges in specified<br />
areas, based on factors such as location, market trends and infrastructure.</p>
<p>(4) The proceeds from the transfer or sale of any immovable property of the<br />
society, wherever conducted in accordance with the provisions contained in this<br />
section, shall be immediately deposited in the account of the society, but not later<br />
than three working days from the date of receipt of transfer or sale proceeds, as the<br />
case may be.</p>
<p>(5) Where any office-bearer of the Governing Body indulge in violation of the<br />
provisions contained in sub-section (1) or sub-section (2) or sub-section (4), the<br />
District Registrar shall be competent to take any or all of the following actions,<br />
namely:––<br />
(a) where the amount of consideration is not deposited in the account of<br />
the society within three working days, direct such office-bearer to pay interest<br />
out of his own funds at the rate of twenty-four per cent. for the period it<br />
remained in his possession, but such period shall in no case be more than thirty<br />
days;<br />
(b) where the immovable property has been sold or transferred at an<br />
undervalued price, recover the difference assessed on the basis of Collector<br />
rates from the erring office-bearer and deposit the same in the account of the<br />
society;</p>
<p>(c) where the immovable property has been disposed of without the<br />
permission as required under sub-section (1), or without complying with the<br />
conditions applicable, recover the amount along with any additional amount<br />
as assessed on the basis of Collector rates, from the concerned office-bearer<br />
and deposit the same with the allotting authority.<br />
(6) Where the recovery of any amount is due from any erring office-bearer<br />
under sub-section (5) in the course of enforcement, and such erring office-bearer<br />
fails to deposit the said amount within the period specified in the said sub-section,<br />
the District Registrar shall be competent to recover such amount as arrears of land<br />
revenue.<br />
(7) Nothing in this section shall absolve the office-bearer from criminal action.<br />
24. Every society, to such extent and under such conditions, as may be<br />
permitted under its bye-laws, from time to time, invest or deposit any portion of its<br />
funds not immediately required––<br />
(a) in immovable properties; or<br />
(b) in securities of the Government or in National Savings Certificates<br />
or other securities of the Government of India;<br />
(c) in the post office savings bank account; or<br />
(d) in a special account opened by the society for the purpose in––<br />
(i) a Scheduled Bank as authorised or notified by the Reserve Bank<br />
of India; or<br />
(ii) a co-operative bank situated in the Union territory; or<br />
(iii) such other mode of investment, as may be prescribed.</p>
<p>CHAPTER IX<br />
ACCOUNTS, AUDIT AND FILING OF DOCUMENTS</p>
<p>25. (1) Every society shall keep proper books of account such as cash book,<br />
ledger, and the like as required by the Income-tax laws or the books as per the<br />
standards laid down by the Institute of Chartered Accountants of India, at its head<br />
office or such other places as may be determined by the Registrar General, with<br />
respect to––<br />
(a) all sums of money received and expended by the society; and<br />
(b) the assets and liabilities of the society.<br />
(2) The books of account, returns and registers shall be verified and signed by<br />
at least two office-bearers, as may be authorised by the Governing Body.<br />
(3) The books of account shall be open to inspection during the business hours<br />
by the Registrar General or Registrar or District Registrar, or any officer authorised<br />
by him.<br />
26. (1) Every society shall get its annual accounts audited from an auditor who<br />
is a member of the Institute of Chartered Accountants of India, constituted under the<br />
Chartered Accountants Act, 1949 or the auditor of the Union territory, Co-operative<br />
Department.<br />
(2) The auditor referred to in sub-section (1) shall not be a member of the<br />
Governing Body or family member of any of the office-bearer.</p>
<p>27. (1) Every society shall file the following returns, in such form and manner<br />
as may be prescribed, with the District Registrar within thirty days of holding the<br />
annual general meeting, namely:―</p>
<p>(a) a list of the members duly certified by the President and the<br />
Secretary, as on the 31st March of the year, separately showing the deletions<br />
and additions during the previous year;<br />
(b) a list of the office-bearers along with their names, addresses and<br />
occupations separately showing the deletions and additions, if any;<br />
(c) an annual report on the working of the society by the Governing Body<br />
duly certified by the President and the Secretary;<br />
(d) a copy each of the balance-sheet, receipt, expenditure statement and<br />
the report of the auditor duly certified by him; and<br />
(e) a copy of the special resolution, as and when passed.<br />
(2) Any society which is required to submit any statement or returns specified<br />
in sub-section (1) within the time specified therein, fails to do so, the District<br />
Registrar or Registrar may depute an officer to prepare the necessary statement or<br />
return:<br />
Provided that in such cases, it shall be competent for the Registrar to<br />
determine, with reference to the time involved in the work and the emoluments of<br />
the officer deputed to do it, the charges which the society concerned should pay to<br />
the Registrar General or Registrar and to direct its recovery from the society.</p>
<p>CHAPTER X<br />
AMALGAMATION AND DIVISION</p>
<p>28. (1) Any two or more societies, after passing special resolutions for<br />
amalgamating with each other, shall move an application along with copy of the<br />
said resolutions, in such form and manner as may be prescribed, for obtaining<br />
approval of the Registrar and after getting the approval, shall amalgamate together<br />
as one society.</p>
<p>(2) Any society, after passing special resolution for division of a society, shall<br />
move an application, in such form and manner as may be prescribed, along with<br />
copy of such resolution, for obtaining approval of the Registrar and after getting the<br />
approval, shall stand divided.<br />
(3) The special resolution for division referred to in sub-section (2) shall<br />
contain proposals for the division of the assets and liabilities of the society among<br />
the newly divided societies, relationship of the parent society with the divided<br />
societies, if any, and may specify the areas of operation of and the members who<br />
may constitute each of the new societies:<br />
Provided that before division, the society shall settle all the claims and<br />
liabilities or divide the assets and liabilities amongst the societies on pro rata basis.<br />
(4) No amalgamation or division of a society under sub-section (1) or<br />
sub-section (2), as the case may be, shall have effect until and unless the new society<br />
is or societies are duly registered.<br />
(5) Upon the registration of the new amalgamated society or the divided<br />
societies, as the case may be, the assets and liabilities of the original registered<br />
society or societies shall, subject to the provisions of this section, be transferred to<br />
and become the assets and liabilities of the new society or societies in the manner<br />
specified in the special resolution referred to in sub-section (1) or sub-section (2),<br />
as the case may be.</p>
<p>CHAPTER XI<br />
INQUIRY AND SUPERSESSION OF GOVERNING BODY</p>
<p>29. (1) The Registrar General or Registrar or District Registrar, may, by<br />
written order, require any society to furnish in writing, such information or<br />
document or explanation as specified in that order, within such time, not being less<br />
than two weeks from the date of receipt of such order.<br />
(2) On receipt of the order, it shall be the duty of the society to furnish such<br />
information or documents or explanation, as may be specified in that order.</p>
<p>30. (1) Where the Registrar General or Registrar or District Registrar is<br />
satisfied that––</p>
<p>(a) the records, registers or the books of account of a society are likely<br />
to be tampered with or destroyed, and the funds and the property are likely to<br />
be misappropriated or misapplied; or<br />
(b) the Governing Body is reconstituted at a general meeting and the<br />
outgoing members of the Governing Body refused to hand-over charge of the<br />
records and property of the society to those entitled to receive such charge; or<br />
(c) the office-bearers, where the elections of the Governing Body have<br />
not been held by the due date, are likely to misuse such documents, funds or<br />
records, or are reluctant to hand over the records to an ad hoc committee or<br />
the administrator appointed for managing the affairs of the society as an<br />
interim measure under the provisions of section 33,<br />
he may issue an order directing a person duly authorised by him in writing to seize<br />
and take possession of such document, funds, records and property, whereupon the<br />
office-bearer responsible for custody of such documents, record, funds and property<br />
shall give delivery thereof to the person so authorised.<br />
(2) In order to secure compliance of the order under sub-section (1), the<br />
District Registrar may take or cause to be taken such steps and use or cause to be<br />
used such minimum force, including police force, as may be considered necessary.</p>
<p>31. (1) Where on the information received or gathered under section 29, or on<br />
the application of a majority of the office-bearers of a society, or on the application<br />
of not less than one-third of the members of the General Body, as the case may be,<br />
or if so moved by the Government or the District Collector, the Registrar General<br />
or Registrar or District Registrar is of the opinion that there is apprehension that––<br />
(a) the affairs of such society are being so conducted as to defeat the<br />
aims and objects of the society; or<br />
(b) its Governing Body is guilty of mismanaging its affairs or of any<br />
breach of fiduciary or other like obligations or to defraud its creditors,<br />
the Registrar General or Registrar or District Registrar, as the case may be, may, in<br />
writing, order an inquiry to be conducted either himself or by any person authorised<br />
by him in that behalf, into the affairs of that society.<br />
(2) An application or reference made by the Government or District Collector<br />
to the Registrar General or Registrar or District Registrar under sub-section (1) shall<br />
be supported by such evidence, as he may require for the purpose of showing that<br />
the applicant has good reason for applying for an inquiry.<br />
(3) The Registrar General or Registrar or District Registrar may, before the<br />
inquiry is ordered by him, require the applicants to furnish such security as he thinks<br />
fit as the cost of the proposed inquiry.</p>
<p>(4) All expenses incidental or preliminary to the inquiry shall, where such<br />
inquiry is held,––<br />
(a) on an application, be defrayed by the applicants thereof or out of the<br />
assets of the society or by the members of the society, in such proportion as<br />
the District Registrar may, by order in writing direct; and<br />
(b) on a reference from the District Collector or the Government or on<br />
own motion of the District Registrar, be defrayed out of the assets of the<br />
society and shall be recoverable as arrears of land revenue.<br />
(5) A person holding an inquiry shall have, at all reasonable times, free access<br />
to all the documents and shall have power to call upon any office-bearer or member<br />
to produce any of the document, as he may direct.<br />
(6) It shall be the duty of all office-bearers or members, who were or are<br />
holding office in the society, to furnish the person holding the inquiry with all the<br />
information or document in their possession.<br />
(7) A person holding an inquiry may––<br />
(a) summon and examine any person on oath who, he has reason to<br />
believe, has knowledge of any affairs of the society; and<br />
(b) summon any person to produce any books of account or documents<br />
belonging to him or in his custody, if the person holding the inquiry has reason<br />
to believe that such books of account or documents contain any entries relating<br />
to transactions of the society.<br />
(8) A person holding an inquiry may, if in his opinion it is necessary for the<br />
purpose of inquiry, seize any or all the documents:<br />
Provided that any person from whose custody such documents are seized shall<br />
be entitled to a receipt thereof and make copies thereof.<br />
(9) If the inquiry is held under this section by––<br />
(a) the District Registrar, he shall forward the report to the Registrar<br />
along with his recommendations; or<br />
(b) a person other than the District Registrar, he shall send the report to<br />
the District Registrar and the District Registrar shall make a report to the<br />
Registrar along with his recommendations; or<br />
(c) the Registrar himself, he shall forward the report to the Registrar<br />
General along with his recommendations.<br />
(10) The inquiry report shall be communicated to the society and the<br />
applicants, if any.</p>
<p>32. The Registrar shall consider the inquiry report along with the<br />
recommendations of the District Registrar, if any, and take any of the following<br />
steps, namely:––</p>
<p>(a) where no irregularities of procedural or material nature are found to<br />
have been committed by the Governing Body, he shall order closure of the<br />
inquiry along with information thereof to the society and applicants, if any; or<br />
(b) where the irregularities or violations committed by the society are<br />
found to be of procedural nature, which are rectifiable, he shall direct the<br />
society to take recourse to such corrective measures within such time, as he<br />
may direct and the society shall submit a compliance report thereof to the<br />
Registrar; or<br />
(c) where the irregularities or violations committed by the society are<br />
found to be of a serious or material nature, he shall pass any other appropriate<br />
order to meet the ends of justice.</p>
<p>33. (1) Where, based on inspection, inquiry or audit under this Regulation, the<br />
District Registrar or Registrar submits a report or recommendation indicating that<br />
the Governing Body or a society is not functioning in accordance with the provisions<br />
of this Regulation or is acting against the interest of its members, the Registrar shall<br />
forward such report or recommendation to the Registrar General.<br />
(2) If upon receipt of report, the Registrar General is of the opinion that a<br />
prima facie case is made out for supersession of the Governing Body, he shall issue<br />
a show cause notice indicating the proposed action, consider the response of the<br />
society, and if so requested, provide an opportunity of hearing, before passing<br />
appropriate order.<br />
(3) The Registrar General, after considering the reply of the society, shall pass<br />
an order and may appoint an officer as administrator to manage the affairs of the<br />
society with such directions as deemed appropriate and the orders passed by the<br />
Registrar General in this behalf shall be final.<br />
(4) The officer referred to in sub-section (3) shall be a Group ‘B’ officer or of<br />
equivalent rank in the service of the Government or any statutory authority, or such<br />
person who may have retired from a Group ‘B’ or equivalent position from the<br />
Government or the Central Government or a statutory authority.<br />
(5) Where a retired person is appointed as the administrator, the Registrar<br />
General may also fix the honorarium or remuneration to be paid to the administrator<br />
during the course of his appointment at such rates as may be prescribed and direct<br />
such expenditure to be defrayed out of the funds of the society.<br />
(6) The administrator appointed under sub-section (3) may hold office for a<br />
period which shall not exceed one year in the first instance, but whose term may be<br />
extended for such further period, as considered necessary, subject to the same not<br />
exceeding three years in total.<br />
(7) On the appointment of the administrator under sub-section (3), the<br />
Governing Body shall cease to exercise any powers and perform and discharge any<br />
functions or duties conferred or imposed on it under this Regulation or the bye-laws.<br />
(8) The administrator so appointed shall exercise all the powers of the<br />
Governing Body and perform all such functions or duties during the course of his<br />
appointment as provided in the bye-laws, subject to any directions from the<br />
Registrar General.<br />
(9) The administrator shall, before the expiry of his term, take necessary action<br />
to hold the election of the Governing Body, if so required.<br />
(10) If the administrator is, for reasons beyond his control, not able to hold the<br />
election of the Governing Body or fails to convene a meeting of the General Body,<br />
as the case may be, or in spite of such meeting having been convened, the General<br />
Body, fails to elect the Governing Body, the administrator shall forthwith send a<br />
report to the Registrar General who may pass such orders, as may be considered<br />
expedient, either extending the term of appointment of the administrator for a further<br />
period as may be specified in the order or, if satisfied that public interest so<br />
necessitates, for the dissolution of the society.<br />
(11) The Registrar General may, if he thinks appropriate, appoint a committee<br />
to advise and assist the administrator so appointed for exercise of the powers and<br />
discharge of the duties and functions conferred or imposed on him under this<br />
Regulation.<br />
(12) The members of the committee shall have such qualifications, as may be<br />
prescribed, and shall hold office during the pleasure of the Registrar General.<br />
(13) Where an order of dissolution is passed under sub-section (10) by the<br />
Registrar General, further action shall be taken in accordance with the relevant<br />
provisions of this Regulation.</p>
<p>CHAPTER XII<br />
SUSPENSION, CANCELLATION AND DISSOLUTION</p>
<p>34. (1) Where the District Registrar has reasonable cause to believe that a<br />
society is defunct and is not carrying on business or operations, he shall issue a show<br />
cause notice to such society at its registered office to show cause as to whether it is<br />
carrying on its business or operations and directing it to file such documents or<br />
returns, within a period of ninety days from the date of issue of such notice.<br />
(2) Where the defunct society responds to such notice within the specified<br />
period and submits the requisite documents or informs along with evidence that it is<br />
carrying on business or operations, the District Registrar shall, after due verification<br />
of records, pass an appropriate order.<br />
(3) If the District Registrar receives a reply from the defunct society to the<br />
effect that it is not carrying on any business or operations, he may direct the society<br />
to convene a meeting of its General Body, pass a special resolution for its dissolution<br />
after settling all its liabilities and shall apply for dissolution of the society within a<br />
period of thirty days from the date of such resolution.<br />
(4) Where the District Registrar does not receive any reply within a period of<br />
ninety days referred to in sub-section (1), he shall cause a public notice to be issued<br />
stating that on the expiration of such period as may be specified in such notice, the<br />
registration of such defunct society shall be suspended.<br />
(5) If no response is received from the defunct society, or from its members,<br />
creditors or claimants, within the period specified in the public notice issued under<br />
sub-section (4), the District Registrar shall order suspension of registration of such<br />
society and after passing of such order, the society shall not carry on any business.<br />
(6) The District Registrar shall cause to be notified an order passed,<br />
suspending the registration of a society under sub-section (5), through a public<br />
notice for the information of general public.<br />
(7) The society or any of its member, creditor or claimant, aggrieved by an<br />
order of suspension passed under sub-section (5), may, within a period of three<br />
months from the date of the order of suspension, submit a representation to the<br />
District Registrar.<br />
(8) The District Registrar may, on being satisfied and for reasons to be<br />
recorded in writing, that the society, at the time of its suspension, was carrying on<br />
business or operations, or otherwise, and it is just and equitable that the name of the<br />
society be restored to the register, revoke the suspension.<br />
(9) The society whose registration is restored under sub-section (8) shall be<br />
deemed to have continued in existence, as if its registration had not been suspended.<br />
(10) No claims, whatsoever, shall be valid and entertained against a society on<br />
the expiry of a period of three months from the date of suspension of its registration.<br />
(11) If no representation against the suspension order is received within a<br />
period of three months from the date of suspension of registration, the District<br />
Registrar may, unless contrary is shown, strike off the name of the society from the<br />
register of societies and cancel its registration.<br />
35. A society, which has no assets or liabilities to its account and is not<br />
desirous of carrying on with its business or operations, may, after passing a special<br />
resolution, apply for cancellation of its registration to the District Registrar and the<br />
District Registrar shall, after giving a public notice of not less than ninety days<br />
inviting objections, strike out its name from the register of societies after<br />
considering objections, if any.</p>
<p>36. (1) The Registrar may, if he is satisfied that––</p>
<p>(a) the business of any such society is conducted, fraudulently; or<br />
(b) the society is declared insolvent; or<br />
(c) the society is carrying on any unlawful activity or allowing unlawful<br />
activity to be carried on in the premises under its control,<br />
order an inquiry to be conducted by the District Registrar or any other officer<br />
authorised by him in accordance with the procedure contained in sections 31 to 33<br />
and submit a report thereof within the period specified in such order.<br />
Explanation.––For the purposes of this sub-section, an activity shall be treated<br />
as unlawful, if such activity is an offence punishable under the provisions of any<br />
law for the time being in force.<br />
(2) On receipt of the report referred to in sub-section (1) from the District<br />
Registrar, the Registrar shall issue a public notice inviting objections, if any, as to<br />
why the registration of the society should not be cancelled.<br />
(3) After considering the objections filed by the society and public, and after<br />
giving a reasonable opportunity of being heard to the society, the Registrar may<br />
cancel the registration.</p>
<p>37. When the registration of a society is cancelled, the society shall forthwith<br />
cease to carry on its business, except in so far as it may be required for the beneficial<br />
winding-up of its affairs, for which purpose it shall pass a special resolution and<br />
dissolve itself in the manner as provided in this Regulation:<br />
Provided that the liability of office-bearers shall continue and may be enforced<br />
as if the registration of society has not been cancelled.</p>
<p>38. (1) Where the registration of a society is cancelled, the District Registrar<br />
shall––<br />
(a) direct the society to complete the process of its dissolution, that is,<br />
pass a special resolution, collect all its receivables and settle all its liabilities,<br />
provide the details of any of its assets left over after settlement of the<br />
liabilities, and submit a proposal for transfer of its left over assets to any other<br />
society in existence with identical aims and objects;<br />
(b) assess the credentials of a society to whom any such assets are<br />
proposed to be transferred by the society referred to in clause (a) and may,<br />
either approve such proposal, or direct the society to place such assets at the<br />
disposal of the District Collector;<br />
(c) constitute a committee of members of such society to carry out the<br />
process of its dissolution, where it has no Governing Body or General Body<br />
to carry out his directions under clauses (a) and (b);<br />
(d) be competent to complete the dissolution of the affairs of the society<br />
on his own or appoint any of his subordinates to do the needful or associate<br />
any two members from any other society in existence for the purpose.<br />
(2) If on dissolution and after settlement of all the claims and liabilities, a<br />
society is left with any movable or immovable assets, the District Registrar shall, in<br />
the first instance, make efforts to transfer all such assets to any other society in<br />
existence with identical aims and objects in operation against a proper receipt and<br />
submit a report thereof to the Registrar General, failing which, all such assets shall<br />
vest in the custody of the District Collector.<br />
(3) Where any asset is placed at the disposal of the District Collector, he may,<br />
either direct the transfer thereof to a society in operation with identical aims and<br />
objects or use such assets preferably for the same purpose or for any other public</p>
<p>36. (1) The Registrar may, if he is satisfied that––<br />
(a) the business of any such society is conducted, fraudulently; or<br />
(b) the society is declared insolvent; or<br />
(c) the society is carrying on any unlawful activity or allowing unlawful<br />
activity to be carried on in the premises under its control,<br />
order an inquiry to be conducted by the District Registrar or any other officer<br />
authorised by him in accordance with the procedure contained in sections 31 to 33<br />
and submit a report thereof within the period specified in such order.<br />
Explanation.––For the purposes of this sub-section, an activity shall be treated<br />
as unlawful, if such activity is an offence punishable under the provisions of any<br />
law for the time being in force.<br />
(2) On receipt of the report referred to in sub-section (1) from the District<br />
Registrar, the Registrar shall issue a public notice inviting objections, if any, as to<br />
why the registration of the society should not be cancelled.<br />
(3) After considering the objections filed by the society and public, and after<br />
giving a reasonable opportunity of being heard to the society, the Registrar may<br />
cancel the registration.</p>
<p>37. When the registration of a society is cancelled, the society shall forthwith<br />
cease to carry on its business, except in so far as it may be required for the beneficial<br />
winding-up of its affairs, for which purpose it shall pass a special resolution and<br />
dissolve itself in the manner as provided in this Regulation:<br />
Provided that the liability of office-bearers shall continue and may be enforced<br />
as if the registration of society has not been cancelled.<br />
38. (1) Where the registration of a society is cancelled, the District Registrar<br />
shall––</p>
<p>(a) direct the society to complete the process of its dissolution, that is,<br />
pass a special resolution, collect all its receivables and settle all its liabilities,<br />
provide the details of any of its assets left over after settlement of the<br />
liabilities, and submit a proposal for transfer of its left over assets to any other<br />
society in existence with identical aims and objects;<br />
(b) assess the credentials of a society to whom any such assets are<br />
proposed to be transferred by the society referred to in clause (a) and may,<br />
either approve such proposal, or direct the society to place such assets at the<br />
disposal of the District Collector;<br />
(c) constitute a committee of members of such society to carry out the<br />
process of its dissolution, where it has no Governing Body or General Body<br />
to carry out his directions under clauses (a) and (b);<br />
(d) be competent to complete the dissolution of the affairs of the society<br />
on his own or appoint any of his subordinates to do the needful or associate<br />
any two members from any other society in existence for the purpose.<br />
(2) If on dissolution and after settlement of all the claims and liabilities, a<br />
society is left with any movable or immovable assets, the District Registrar shall, in<br />
the first instance, make efforts to transfer all such assets to any other society in<br />
existence with identical aims and objects in operation against a proper receipt and<br />
submit a report thereof to the Registrar General, failing which, all such assets shall<br />
vest in the custody of the District Collector.<br />
(3) Where any asset is placed at the disposal of the District Collector, he may,<br />
either direct the transfer thereof to a society in operation with identical aims and<br />
objects or use such assets preferably for the same purpose or for any other public</p>
<p>39. (1) A society may resolve to dissolve itself by passing a special resolution<br />
in a meeting of its General Body convened for the purpose.<br />
(2) On passing of the special resolution under sub-section (1), the Governing<br />
Body shall take all necessary steps for settlement of all claims and liabilities, as it<br />
may consider appropriate in accordance with its bye-laws and if there are no<br />
bye-laws, in accordance with the provisions of this Regulation.<br />
(3) If any dispute arises amongst the members of the society, the Governing<br />
Body, or the special committee, regarding the winding-up of the affairs of the<br />
society, it shall be referred to the District Registrar for such directions, as he may<br />
consider appropriate:<br />
Provided that the special resolution for dissolution of the society shall not be<br />
a matter in dispute.<br />
(4) If the Central Government or the Government or any of its<br />
instrumentalities is a member of or a contributory to or otherwise interested in any<br />
society, such society shall not be dissolved without the consent of the Central<br />
Government or the Government, as the case may be.<br />
(5) After all necessary steps have been completed, the Governing Body shall<br />
send a report to the District Registrar, mentioning about the surplus assets, if any.<br />
(6) The District Registrar shall thereupon cause a public notice issued at the<br />
expense of the society inviting objections from any person interested in the affairs<br />
of such society within the period specified in such notice, which shall not be less<br />
than three months.<br />
(7) If no objection is received from any claimant, creditor or member of the<br />
society within three months from the date of issue of such public notice, and after<br />
the surplus assets, if any, have been disposed of as provided in this Regulation, the<br />
District Registrar shall make an order confirming the dissolution and thereupon the<br />
society shall stand dissolved and the District Registrar shall record the order of<br />
dissolution in the register maintained in his office and strike off the name of the<br />
society from the register of societies.<br />
(8) If any objection is received from any claimant, or creditor, or member, or<br />
any other interested person, within a period mentioned in sub-section (7), the<br />
District Registrar shall not make an order confirming the dissolution of the society<br />
unless he is satisfied that the relevant claim or liability have been duly settled and<br />
the surplus assets, if any, have been disposed of as provided in this Regulation.</p>
<p>40. (1) Where the Government decides to dissolve a society under<br />
sub-section (10) of section 33 or where the registration of a society is cancelled and<br />
it is found to be fit for dissolution under section 39, the Registrar General or the<br />
Registrar, as the case may be, shall order dissolution of such society in accordance<br />
with the procedure specified under the said sections.<br />
(2) Upon passing an order for dissolution of a society under sub-section (1),<br />
the Registrar General or the Registrar or the District Registrar, as the case may be,<br />
shall take action for winding-up the affairs of the dissolved society in accordance<br />
with the provisions of this Regulation.</p>
<p>41. (1) Notwithstanding anything contained in section 38, after the settlement<br />
of claims and liabilities of society, where any surplus assets are left, such assets shall<br />
not be paid to or distributed amongst the members of the society, but shall be taken<br />
over and vest in the custody of Government:</p>
<p>Provided that in case of a housing society or where a resident welfare<br />
association is registered as a society, the operation, management and maintenance<br />
of facilities for the residents or civic amenities of any defined area, the<br />
successor-in-interest shall step in the shoes of original member, subject to fulfilment<br />
of qualifications as laid down in the bye-laws of the society and the provisions of<br />
this Regulation.<br />
(2) The Government shall place such assets at the disposal of the District<br />
Collector, who may,––<br />
(i) in the first instance identify any other society in operation with<br />
identical aims and objects and transfer such assets to such society;<br />
(ii) use such assets, preferably for the purpose for which such assets were<br />
created; or<br />
(iii) for any other public purpose, as deemed appropriate.<br />
(3) The records of accounts shall be maintained for a period of three years<br />
from the date of dissolution and in case any matter pertaining to any such society is<br />
pending before any court, such records shall be maintained till the final disposal of<br />
such matter by the competent court.</p>
<p>CHAPTER XIII<br />
OFFENCES AND PENALTIES</p>
<p>42. If a society fails to comply with any of the requirements of this Regulation,<br />
or contravenes any of the provisions thereof, then such society in default shall be<br />
liable for penalty which may extend up to two thousand rupees, as may be<br />
prescribed, and in case of a continuing default or contravention, with penalty which<br />
may extend to one hundred rupees for every day during which the default or<br />
contravention continues.</p>
<p>43. If an office-bearer or any employee of the society, knowingly or willingly<br />
makes or causes to be made any false entry in, or any omission from any register,<br />
account, balance-sheet, or other document, required to be maintained by a society<br />
under this Regulation, he shall be liable for penalty of a sum which may extend to<br />
five thousand rupees and may be removed from such membership or position of the<br />
society.</p>
<p>44. If any office-bearer,––<br />
(a) knowingly or willingly makes a false return or furnishes false<br />
information; or<br />
(b) wilfully or without any reasonable reason, disobeys any summons,<br />
requisition or other lawful order or direction issued under the provisions of<br />
this Regulation; or<br />
(c) with holds or fails to furnish any information lawfully required from<br />
him by the District Registrar, Registrar or Registrar General or a person<br />
authorised in this behalf under the provisions of this Regulation,<br />
such office-bearer shall be liable for penalty of a sum which may extend to five<br />
thousand rupees and in the case of a continuing default or contravention, with a<br />
penalty which may extend to two hundred rupees for every day during which the<br />
default or contravention continues.</p>
<p>45. The penalties under this Chapter shall be imposed by the Registrar or any<br />
officer authorised in this behalf by the Registrar General or Registrar, after giving a<br />
reasonable opportunity of being heard, and such sum of penalties shall be credited<br />
to the Consolidated Fund of India.</p>
<p>CHAPTER XIV<br />
MISCELLANEOUS</p>
<p>46. Where any society fails to rectify the defects as directed by the Registrar<br />
and where no appeal has been made to the Registrar General under sub-section (1)<br />
of section 48 or where such appeal has been made and the Registrar General has not<br />
annulled, reversed or modified the order, the Registrar may take steps to have the<br />
defects rectified and may recover the cost, which were incurred for rectification of<br />
such defects, from the officers of the society who, in his opinion, have failed to<br />
rectify the defects.</p>
<p>47. The District Registrar may, upon an application in writing by any society<br />
and on sufficient cause being shown, allow further time to such society to comply<br />
with any of the provisions of this Regulation on payment of such late fees, as may<br />
be prescribed.</p>
<p>48. (1) Any person or society, aggrieved––<br />
(a) by an order imposing penalty under section 42 or section 43 or<br />
section 44; or<br />
(b) by any other order passed under this Regulation,<br />
shall have the following recourse, namely:––<br />
(i) the society concerned may make an appeal, against such order to the<br />
Registrar General within a period of sixty days from the date of the imposition<br />
of such penalty; and<br />
(ii) the Registrar General may, in deciding the appeal, by order, annul,<br />
reverse, modify or confirm the order appealed against.<br />
(2) Any society or person aggrieved by an order of the Registrar General, may<br />
file a second appeal before the Government within a period of sixty days from the<br />
date of issuance of such order.<br />
(3) Any society or person who fails to file the aforesaid second appeal within<br />
the period referred to in sub-section (2), and if the society or person has shown<br />
sufficient cause for not preferring such appeal within such period, that appeal may<br />
be entertained even after the expiry of the said period, but not later than another<br />
sixty days.<br />
(4) The decision of the Government shall be final and binding on the parties.<br />
(5) Every appeal referred to in this section shall be in such form and<br />
accompanied by such fee, as may be prescribed.<br />
(6) Notwithstanding anything contained in this section, an order passed by the<br />
Registrar or the Registrar General may be reviewed by such prescribed authority,<br />
on an application filed by the aggrieved party within a period of ninety days from<br />
the date of issuance of such order.</p>
<p>49. (1) The committee or any office-bearer of the society authorised in this<br />
behalf by its bye-laws, may bring or defend any action or other legal proceedings<br />
touching or concerning any property or any right or claim of the society and may<br />
sue or be sued in its name.<br />
(2) No suit or other legal proceedings shall abate due to any vacancy or change<br />
in the position of the President, the Secretary or any office-bearer authorised under<br />
sub-section (1).</p>
<p>50. A judgment, which shall be delivered against any office-bearer of the<br />
society, shall not be enforced against such office-bearer or his property, either<br />
movable or immovable, but shall be enforced against the property of the society.<br />
Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 21 21<br />
47 of 2023.</p>
<p>51. No act or proceedings of a society or any of its office-bearer shall be<br />
deemed to have been invalid merely by reason of any vacancy or defect in the<br />
organisation of the society.</p>
<p>52. Any notice, order or requisition meant for a society, or for the Governing<br />
Body thereof, to be issued by the District Registrar, Registrar or the Registrar<br />
General or any other person or body, shall be served on the President or Secretary<br />
of the society, and the service on the President or Secretary of the society shall be<br />
effectual as if the same had been served on every member of the society.</p>
<p>53. All documents filed by a society with the District Registrar under this<br />
Regulation shall be deemed to be public documents within the meaning of<br />
section 74 of the Bharatiya Sakshya Adhiniyam, 2023.</p>
<p>54. The Government may, as soon as possible, introduce measures for the<br />
effective governance and efficient administration of the provisions of this<br />
Regulation, and upon implementation of such measures, all or part of the<br />
transactions, forms, payments, and other services under this Regulation, may be<br />
administered in electronic or online mode.</p>
<p>55. The Government shall be competent to issue such directions to any society,<br />
as it may deem appropriate, for the proper enforcement of the provisions of this<br />
Regulation and the rules made thereunder.</p>
<p>56. (1) The Administrator may, by notification, make rules not inconsistent<br />
with the provisions of this Regulation, for carrying out the purposes of this<br />
Regulation.</p>
<p>(2) Every rule made under this Regulation shall be laid, as soon as may be<br />
after it is made, before each House of Parliament, while it is in session, for a total<br />
period of thirty days which may be comprised in one session or in two or more<br />
successive sessions, and if, before the expiry of the session immediately following<br />
the session or the successive sessions aforesaid, both Houses agree in making any<br />
modification in the rule or both Houses agree that the rule should not be made, the<br />
rule shall thereafter have effect only in such modified form or be of no effect, as the<br />
case may be; so, however, that any such modification or annulment shall be without<br />
prejudice to the validity of anything previously done under that rule.</p>
<p>57. Save as otherwise expressly provided in this Regulation, the provisions of<br />
this Regulation shall have effect notwithstanding anything inconsistent therewith<br />
contained in any other law for the time being in force in the Union territory of Dadra<br />
and Nagar Haveli and Daman and Diu.</p>
<p>58. (1) If any difficulty arises in giving effect to the provisions of this<br />
Regulation, the Administrator may, by general or special order published in the<br />
Official Gazette, make such provisions not inconsistent with the provisions of this<br />
Regulation as appear to it to be necessary or expedient for removing the difficulty:<br />
Provided that no such order shall be made after the expiration of two years<br />
from the date of commencement of this Regulation.<br />
(2) Every order made under this section shall be laid, as soon as may be after<br />
it is made, before each House of Parliament.</p>
<p>59. No civil court shall have jurisdiction to entertain any suit or proceeding in<br />
respect of any matter which the District Registrar, Registrar or the Registrar<br />
General, or any other authority empowered under this Regulation is required to</p>
<p>60. (1) Any dispute relating to membership, including admission, termination<br />
or rights of members, shall be decided by the District Registrar or Registrar or such<br />
authority as may be specified under the rules and the decision of the Registrar in<br />
this regard shall be binding, subject to appeal as provided under section 48.<br />
(2) The utilisation or distribution of any surplus, dividend or profit among the<br />
members shall be subject to the conditions and limits, as may be prescribed,<br />
ensuring transparency and equitable benefit-sharing.<br />
(3) The fees payable for registration, filing of documents, inspections,<br />
certifications or any other service rendered under this Regulation shall be such as<br />
may be prescribed.<br />
(4) Any amount due to the Government, the District Registrar or the society<br />
under this Regulation, including penalties or prescribed fees, shall be recoverable as<br />
arrears of land revenue in such manner as may be prescribed.</p>
<p>61. (1) The Societies Registration Act, 1860, in its application to the Union<br />
territory of Dadra and Nagar Haveli and Daman and Diu, the Societies Registration<br />
(Goa, Daman and Diu First Amendment) Act, 1979, as extended to the erstwhile<br />
Union territory of Dadra and Nagar Haveli and the Union territory of Daman and<br />
Diu and the Societies Registration (Goa Second Amendment) Act, 1998, as<br />
extended to the erstwhile Union territory of Dadra and Nagar Haveli (herein referred<br />
to as the repealed enactments), are hereby repealed.<br />
(2) Notwithstanding such repeal, anything done or any action taken under the<br />
repealed enactments, or under any order, rule, regulation or bye-laws made, or any<br />
instructions or certificate issued, in the exercise of any power conferred by or under<br />
the repealed enactments, shall be deemed to have been done or taken in the exercise<br />
of the powers conferred by the corresponding provisions of this Regulation.<br />
(3) Any society registered at any place in the Union territory of Dadra and<br />
Nagar Haveli and Daman and Diu under the Societies Registration Act, 1860, the<br />
Societies Registration (Goa, Daman and Diu First Amendment) Act, 1979, as<br />
extended to the erstwhile Union territory of Dadra and Nagar Haveli and the Union<br />
territory of Daman and Diu and the Societies Registration (Goa Second<br />
Amendment) Act, 1998, as extended to the erstwhile Union territory of Dadra and<br />
Nagar Haveli, shall be deemed to have been registered under this Regulation, and<br />
its principal office shall be deemed to be the registered office for the purposes of<br />
this Regulation.<br />
(4)(a) The Memorandum and the bye-laws of a society referred to in<br />
sub-section (3), to the extent they are repugnant to or inconsistent with any of the<br />
provisions of this Regulation and the rules made thereunder, shall be amended and<br />
brought in conformity with the provisions of this Regulation within a period of two<br />
years from the date of commencement of this Regulation or within such further<br />
period as the Government may, by notification, allow, and thereafter, to the extent<br />
of such repugnancy or inconsistency, be deemed to be void and shall be of no<br />
effect; and<br />
(b) any officer elected or appointed to and holding office of a society<br />
immediately before the commencement of this Regulation shall continue to hold<br />
such office until the expiry of his term of office or until such office is lawfully<br />
terminated.<br />
(5) Nothing under this Regulation shall affect any right, privilege, obligation,<br />
liability or punishment under the repealed enactments.</p>
<p>(6) Any investigation or proceedings, including proceedings for dissolution,<br />
or the supersession of the Governing Body or appointment of an administrator or<br />
constitution of a committee, commenced before the coming into force of this<br />
Regulation, shall be continued and conducted under the corresponding provisions<br />
of this Regulation.<br />
(7) Without prejudice to the provisions of sub-sections (2) to (4), the<br />
provisions of section 6 of the General Clauses Act, 1897 shall apply with regard to<br />
the effect of repeal.</p>
<p>————<br />
President.</p>
<p>UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002<br />
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.<br />
DROUPADI MURMU,</p>
<p>President.</p>
<p>MGIPMRND—154 GI—15.05.2026<br />
DR. RAJIV MAN,</p>
<p>Secretary to the Govt. of India.</p>
<p>&nbsp;</p>
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