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The Karnataka Societies Registration
Act, 1960
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of this statute is reproduced for your convenience and personal
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official gazette notifications.
[Karnataka Act] No. 17 oF 1960.
(First published in the 1[Karnataka Gazette]1 on the Third day
of November 1960.)
THE 1[KARNATAKA]1 SOCIETIES REGISTRATION ACT,1960.
(As Amended by Karnataka Acts 26 of 1965, 20
of 1975, 65 of 1976, 7 of 1978, 48 of 1986, 11 of 1990 and Act
no 7 of 2000.)
(Received the assent of the Governor on the Twenty-fifthday of
October 1960.)
An Act to provide for the Registration of literary,
scientific, charitable and other societies.
Whereas it is expedient to provide for the registration
of literary, scientific, charitable and other societies
in the
1[State of Karnataka]1;
BE it enacted by the 1[Karnataka State]1 Legislature
in the Eleventh Year of the Republic of India as follows:--
1. Short title, extent
and commencement (1)
This Act may be called the 1[Karnataka]1 Societies Registration
Act, 1960.
(2) It extends to the whole of the 1[State of
Karnataka]1.
(3) It shall come into force on such 2[date]2
as the State Government may by notification in the official Gazette
appoint.
2. Definitions - In this Act, unless the context
otherwise requires,-
(a) "Governing
body" means the governors,
council, directors, committee, trustees or other body to whom
by the
rules and regulations of the society , the management of
its affairs is entrusted;
(b) "member"
means a person who, having been admitted to membership of a society
in accordance with the rules and
regulations thereof, shall have
paid his subscription and shall have signed the roll or list of members
thereof, and shall not have resigned in accordance with such rules
and reuglations; but in all proceedings
under this Act,
no person shall be entitled to vote or to be counted as
a member whose subscription
at the time shall have been in
arrear for a period exceeding three months;
1. Adapted by the Karnataka adaptations of
Laws Order, 1973 (1.11.1973).
2. This Act came into force on 15.6.1961
by notification NO.RD 129 GRG 60 dated 6th June 1961. Please see
the texts of Notification on p. 1117.
(c)
"prescribed" means prescribed
by rules made under this Act;
(d)
"registered society" means a society
registered or deemed to be registered under this Act;
1[(e) 'Registrar' means such officer as the
state Government may, by notification, appoint to perform the
duties and functions of the Registrar under this Act, in such
area as may be specified in the notification
and where no such
officer is appointed, the Inspector General of Registration in
Karnataka.]1
2[(f) 'year' means the year ending on the 31st
day of December or in the case of any society or class of societies
the accounts of which are made up to any other date with the previous
sanction of the Registrar,
the year ending with such date]2.
3. Societies to which the Act applies.- The following
societies may be registered under this Act,-
Societies established for,-
(a) the promotion of charity;
(b) the promotion of education, science, literature,
or the fine arts;
(c) the promotion of sports 3[x x x x x]3;
(d) the instruction and the diffusion of knowledge
relating to commerce or industry or of any other useful knowledge;
(e) the diffusion of political education;
(f) the foundation or maintenance of libraries
or reading rooms for general use among the members or open to
the public, or of public museums and galleries of painting and
other works of art;
1. Substituted by Act 7 of 1978 (S. 2)
w.e.f. 29.9.1977).
2. Clause (f) inserted by act 20 of
1975 (S.2) w.e.f. 1.7.1975 by notification No. RD 70 EST 75, dated
19.6.1975. Please see the text of Notification on p.1117.
3. Omitted by Act 7 of 1978 (S. 3) w.e.f.
29.9.1977.
2[(ff) the promotion of conservation and proper use of
natural resources and scarce infrastructural facilities like
land, power, water, forest and such other resources and
infrastructural facilities as may be notified
by the State
Government from time to time.]
2. Clause
(ff) inserted by Act No. 9 of 1999, w.e.f. 26-4-1999.
(g) the collection of natural history, mechanical
and philosophical inventions, instruments or designs; and
which intend to apply their profits, if any,
or other income in promoting their objects and prohibit the payment
of any dividend or distribution of any income or profits among
their members.
4. Conditions of
registration. - No society, other
than a society of which the State Government is a member, which
does not
consist of at least seven persons above the age of eighteen
years shall be registered under this Act.
5. Mode of forming
societies.- Any seven or more
persons, above the age of eighteen years associated for any purpose
specified
in section 3 may, by subscribing their names to a memorandum
of association and otherwise complying with the requirements
of
this Act and the rules made thereunder, in respect of registration,
form themselves into a
society under this Act.
6. Requirements with
respect to memorandum.-
(1) The memorandum of association of every society shall state,--
(a) the name of the society;
(b) the objects of the society;
(c) the names, addresses and occupations of
the members of the governing body to whom, by the rules of the
society, the management of its affairs is entrusted;
(d) the place at which the registered office
of the society is to be situate.
(2) There shall be registered with the memorandum
of association, the rules and regulations of the society, which
shall contain provisions relating to admission of members, general
meetings, proceedings at such
meetings including voting by members,
the governing body and proceedings of meetings of the governing
body:
Provided that, save as otherwise provided in
this Act, no rule or regulation of a society shall exclude any
member from being entitled to vote.
(3) The memorandum and rules
and regulations of the society shall be printed or typewritten, be
divided
into paragraphs numbered consecutively and be signed by each
subscriber to the memorandum of association (who shall
add his
address, description, age and occupation, if any) in the presence of at least one witness who shall
attest the signature and shall likewise add his address, description and
occupation.
7. Societies not to be
resitered with undesirable names.-
No society shall be registered by a name which, in the
opinion of the Registrar, is
Undesirable. A name which is identical
with, or too nearly resembles, the name by which a society in
existence has been previously registered, may be deemed to be
undesirable by the Registrar under this section.
8. Registration of
societies.- (1) there shall
be presented to the Registrar for registration the memorandum
of association
and the rules and regulations of the society. 1[xxxxx1
(2) If the Registrar is satisfied that all the
requirements of this Act and the rules made thereunder have been
complied with, he shall retain and register the memorandum of
association and rules and regulations,
and shall certify under
his hand that the society is registered and issue a certificate
of registration.
1. Omitted by Act 7 of 2000 (S. 3) w.e.f.
1.4.2000.
(3) If the Registrar refuses to register a society,
an appeal shall lie to the 2[Karnataka Appellate Tribunal]2
within
sixty days from the date of communication of his refusal to register
the society. 1[xxxxxx]1
9. Alteration of
memorandum of association.- (1) Whenever it shall appear to
the governing body of any society registered under this Act which
has
been established for any particular purpose or purposes that it
is advisable to alter, extend or abridge such purpose
or for other
purposes specified in section 3, the governing body may submit the
proposition to the members
of the society in a written or printed
report, and may convene a special general meeting for the
consideration
thereof according to rules and regulations of the
society. But no such proposition shall be deemed to have been
approved unless such report has been delivered or sent by
post to every member of the society twenty-one
days previous to the
date of the special general meting convened by the governing body
for the
consideration thereof, and unless such proposition shall have been agreed
to by the votes cast in favour of the
proposition by
members who being entitled so to do, vote in person, or
where proxies are allowed,
by proxy, and such votes are not less
than three times the number of the votes, if
any, cast
against the resolution by members so entitled and
voting and confirmed by a similar majority of votes at a second
special general meeting convened by the governing body after an interval of
thirty days after
the former meeting.
1. Substituted by Act 7 of 1978 (S. 5)
w.e.f. 29.9.1977.
(2) Every change in the memorandum of association
approved under sub-section (1) shall be filed with the Registrar
within thirty days from the date of making thereof 1[xxxxxxx]1
and the Registrar may if he is
satisfied that the change is in
accordance with the provisions of this Act and the rules made
thereunder register such change. Such change shall not have effect
until it has been so registered.
(3) If the Registrar refuses to
register a change in the memorandum of association under sub-section
(2) an appeal shall lie to the 2[Karnataka Appellate Tribunal]2
within sixty days from the date of communication of
his refusal to
register the change.1[
xxxxx]1
10. Change of name,
rules and regulations.- (1)
The name and the rules and regulations of a society may be amended
by a resolution
passed at a special general meeting convened for
the purpose of which written or printed notice shall have been
delivered or sent by post to every member of the society twenty-one
days previous to the date
of the special general meeting and the
resolution proposing the amendment is passed by the votes cast
in favour of the resolution by members who being entitled so to
do, vote in person or where proxies are
allowed, by proxy, and
such votes are not less than three times the number of the votes,
if any,
cast against the resolution by members so entitled and
voting.
(2) Every amendment made under
sub-section (1) shall, within thirty days from the making thereof be
filed
with the Registrar 2[
xxxxxxxx] and if the Registrar is satisfied that
the amendment
is
1. Omitted by Act 7 of 2000 (S. 3) w.e.f.
1.4.2000.
2. Substituted by Act 7 of 1978 (S. 5) w.e.f.
29.9.1977.
in accordance with the provisions of this Act
and the rules made thereunder, shall register it. Such amendment
shall have effect only after it is so registered.
(3) If the Registrar refuses to
register the amendment under sub-section (2) an appeal shall lie to
the
3[Karnataka
Appellate Tribunal] within sixty days from the date of communication
of his refusal to register
the amendment. 4[
xxxxx]
1. The words "Every such appeal shall be
accompanied by a fee of one hundred rupees" omitted by Act No.7 of
2000, w.e.f. 1-4-2000.
2. The words "along with a fee of fifty rupees"
omitted by Act no.7 of 2000, w.e.f. 1-4-2000.
3. Subsitituted for the expression "Karnataka
Revenue Appellate Tribunal" by Act No. 7 of 1978 and shall be
deemed to have come into force w.e.f.
29-9-1978.
4. The words "Every such appeal shall be
accompanied by a fee of one hundred rupees" omitted by Act No.7 of
2000, w.e.f. 1-4-2000.
11. General
meeting.- (1) Every society registered
under this Act shall hold every year a general meeting called
the annual general meeting at which the report of the management
of the society for the pervious year together
with an audited
copy of the balance sheet, income and expenditure account and
the auditor's report
shall be submitted for approval.
(2) The first annual general
meeting shall be held by a society within eighteen months of its
registration.
The next annual general meeting of the society shall
be held within nine months after the expiry of the 1[x x x]1 year
in
which the first annual general meeting was held; and thereafter an
annual general meeting shall be
held within nine months after the
expiry of each 2[
x x x x x] 1
year:
Provided that the Registrar may, for any special
reason, extend the time within which an annual general meeting
shall be held, by a further period not exceeding six months:
Provided further that except in the case referred
to in the preceding proviso not more than eighteen months shall
elapse between the date of one annual general meeting and that
of the next.
(3) A special general meeting
may be convened at any time on the requisition of the president or
the
chairman, if any, of the governing body , or on the requisition
of not less than one-third of the number of members
of the governing
body,or one tenth of the total number of members
of the society, entitled to vote
who shall state in writing the
business for which they wish the meeting to be convened and the governing body
shall, within ten days from the date of the receipt of
the requisition, proceed duly to call a
meeting for the consideration of
the business stated on a day not later than forty days from
the date of the receipt of the requisition.
(4) If a member has no registered address in
India and has not supplied to the society an address within India
for the giving of notice to him, a notice advertised in a newspaper
in Kannada and in a newspaper
in English or any other language
circulating in the neighbourhood of the registered office of the
society shall be deemed to be duly given to him on the day on
which the advertisement appears in the newspaper.
1. The word "calendar" omitted by Act No. 20 of
1975.
2. The word "calendar" omitted by Act No. 20 of
1975.
12. Accounts.- (1) The governing body of every
society registered under this Act shall keep at the registered
office of the society or at such other place in the State as the
governing body thinks fit, proper books of
account with respect
to,--
(a) all sums of money received and expended by
the society and the matters in respect of which the receipt and
expenditure takes place;
(b) all sales and purchases of goods by the society;
and
(c) the assets and liabilities of the society.
(2) Every balance sheet of a
society shall give a true and fair view of the state of affairs of
the society
as at the end of the 1[x x x]1 year and every income and
expenditure account shall give a true and fair view of the
excess of
income over expenditure, or excess of expenditure over income, of
the society for the 2[
x x x x x] year.
3[ (3) In the case of a society the accounts
of which are made up with the previous sanction of the Registrar
to any date other than the 31st day of December, the first balance
sheet and the first income and
expenditure account of such society
after such previous sanction is accorded shall, for the purpose
of sub-section (2), be for such period as the Registrar may specify
in the order according previous sanction.]
13. Balance sheet
and annual list of governing body to be filed with
Registrar.- On or before the fourteenth day succeeding the
day on which the annual general meeting of a society is held, there
shall be filed with the Registrar a list of the names, addresses and
occupations of the members of the
governing body then entrusted with
the management of the affairs of the society and a copy of the
balance
sheet and income and expenditure account audited by a person
who under section 226 of the Companies Act, 1956 (Central Act 1 of
1956), can act as an auditor of companies registered in the State of
Karnataka. 4[
xxxxxxxx]
5[Provided
that, if for any sufficient reason a society has not filed the
list of members of governing
body and a copy of balance-sheet
and income and expenditure account on or before the fourteenth day
of Annual General Body Meeting of the Society it may make an
applicaion to the Registrar to condone the delay and permit
to file
the records and the Registrar may if he is satisfied that there
are sufficient reasons for the
delay in filing such records, condone
the delay and permit the Society to file such record subject to
payment of fine as may be prescribed and where no sufficient
reasons are shown, he may after giving an opportunity
of being heard
to the Society reject the application and return such records to the
society:
Provided
further that, where a Society has failed to file such records for a
conscutive period of five
years, the Registrar, may after
giving a reasonable opportunity of being heard to the Society, by an
order cancel the registration of such Society and direct dissolution
of the Society, and thereupon the assets of the
Society shall be
distributed, and the liabilities discharged in the same manner as if
the Society had
been dissolved under Section 22.
Explantion.- For the purpose of this proviso, where
the applicaiton filed by a Society to condone the delay in filing
records for any year is rejected and the records are returned under
the first proviso, such Society shall
be deemed to have failed to
file records for that year].
1. The word "calendar" omitted by Act No. 20 of
1975.
2. The word "calendar" omitted by Act No. 20 of
1975.
3. Sub-section (3) inserted by Act No. 20 of
1975.
4. The words "A filing fee of one hundred rupees
shall be paid to the Registrar for the filing of the list and the
balance sheet and income and expenditure account" omitted by Act No.
7 of 2000,
w.e.f.1-4-2000.
5. Proviso substituted by Act No. 6 of 2002,
w.e.f.1-4-2002.
14.Property of society
how vested.- The property , movable and immovable,
belonging to a society registered under this Act, if not vested in
trustees, shall be deemed to be vested, for the time being in the
governing body of such society, and in all proceedings,
civil and
criminal, the property may be described as the property of the
governing body of such society
by their
proper title.
15.Suits by and
against society.- Every society
registered under this Act may sue or be sued in the name of the
president,
chairman, or principal secretary or the trustees as
shall be determined by the rules and regulations of the society,
and, in default, of such determination, in the name of such person
as shall be appointed by the
governing body for the occasion:
Provided that, it shall be competent for any
person having a claim or demand against the society, to sue the
president or chairman, or principal secretary or the trustees
thereof, if, on application to the
governing body, some other
officer or person be not nominated to be the defendant.
16. Suits not to
abate.- No suit or proceeding in any civil court shall
abate or discontinue by reason of the person by or against whom such
suit or proceeding shall have been brought or continued, dying or
ceasing to fill the character in the
name whereof he shall have sued
or been sued, but the same suit or proceeding shall be continued in
the
name of or against the successor of such person.
17. Enforcement of
judgement against society.- (1) If a judgment is
passed against the person or officer named on behalf of the society,
such judgment shall not be enforced against the person or property
of such person or officer, but shall be enforced
against the property
of the society.
(2) The application for execution shall set
forth the judgment, the fact of the party against whom it shall
have been passed having sued or having been sued, as the case
may be, on behalf of the society only,
and shall require to have
the judgement enforced against the property of the society.
18.
Recovery of penalty accruing under bye-law.-
Whenever by any bye-law duly made in accordance with the rules
and regulations of the society,
or, if the rules do not provide
for the making of bye-laws, by any bye-law passed at a general
meeting of the members of the society convened for the purpose
by a majority of not less than three-fifths of
the members present
at such meeting any pecuniary penalty is imposed for the breach
of any rule
or bye-law of the society, such penalty, when accrued,
may be recovered in any court having jurisdiction where
the defendant
shall reside, or the society shall be situate, as the governing
body thereof shall
deem expedient.
19. Members liable to
be sued as strangers.-
Any member who may be in arrear of a subscription which according
to the rules of the
society, he is bound to pay, or who shall
possess himself of or detain any property of the society in a
manner or for a time contrary to such rules, or shall injure or
destroy any property of the society,
may be sued for such arrear
or for the damage accruing from such detention, injury or destruction
of property in the manner hereinbefore provided.
20. Members guilty of
offences punishable as strangers.-
Any member of the society who shall steal, purloin or embezzle
any money or other property,
or wilfuly and maliciously destroy
or injure any property of such society, or shall forge any deed,
bond, security for money, receipt or other instrument, whereby
the funds of the society may be exposed to
loss, shall be subject
to the same prosecution, and, if convicted, shall be liable to
be punished
in like manner, as any person not a member would be
subject and liable to in respect of the like offence.
21. Procedure for
amalgamation of societies.-
Whenever it shall appear to the governing body of
any society registered under this Act,
which has been established
for any particular purpose or purposes, that it is advisable to
amalgamate
such society, either wholly or partially with any other
society, such governing body may submit the proposition
to the
members of the members of the society in a written or printed
report, and may convene
a special general meeting for the consideration
thereof according to the rules and regulations of the society.
But no such proposition shall be deemed to have been approved
unless such report shall have been
delivered or sent by post to
every member of the society, twenty-one days previous to the date
of the special general meeting convened by the governing body
for consideration thereof, and unless such proposition
shall have
been agreed to by the votes, cast in favour of the proposition
by members who being
entitled so to do, vote in person, or where
proxies are allowed, by proxy, and such votes are not less than
three times the number of votes, if any, cast against the resolution
by members so entitled and
voting and confirmed by a similar majority
of votes at a second special general meeting convened by the governing
body after an interval of thirty days after the former meeting.
22. Provision for
dissolution of societies and adjustment of their
affairs.-
Any number not less than three-fourths of the members of any society
may determine that
it shall be dissolved and thereupon it shall
be dissolved forthwith, or at the time then agreed upon, and all
necessary steps shall be taken for the disposal and settlement
of the property of the society,
its claims and liabilities, according
to the rules of the said society applicable thereto, if any, and
if there are no such rules, as the governing body shall find expedient,
provided that, in the event of
any dispute arising among the said
governing body or the members of the society, the adjustment of
its affairs shall be referred to the principal court of original
civil jurisdiction of the district in which
the registered office
of the society is situate; and the court shall make such order
in the matter
as it shall deem requisite:
Provided that no society shall be dissolved
unless three-fourths of the members shall have expressed a wish
for such dissolution by their votes delivered in person, or where
proxies are allowed, by proxy,
at a special general meeting convened
for the purpose:
Provided further that whenever the State Government
is a member of, or a contributor to, or otherwise interested
in
any society registered under this Act, such society shall not
be dissolved without the consent
of the State Government.
23. Upon dissolution,
no member to receive profit. -
(1) If upon the dissolution of any
society registered under this Act, there shall remain,
after the
satisfaction of all its debts and liabilities, any property whatsoever,
the same shall
not be paid to or distributed among the members
of the said society or any of them, but shall be given to some
other society, to be determined by the votes of not less than
three-fifths of the members present
personally or where proxies
are allowed, by proxy at the time of the dissolution, or in default
thereof, by the principal civil court of original jurisdiction
of the district.
(2) Notwithstanding anything contained in subsection
(1), it shall be lawful for the members of any society dissolved,
to determine by a majority of the votes of the members present
personally or where proxies are
allowed, by proxy, at the time
of dissolution of such society that any property whatsoever remaining
after the satisfaction of all its debts and liabilities shall
be given to the State Government to be utilised
for any of the
purposes referred to in section 3.
24.Inspection of documents.- Any
person may inspect all documents filed with the Registrar under this
Act 1[on
payment of such fee as may be prescribed], and any person may
require a copy or extract of any document
or any part of any
document to be certified by the Registrar, on payment of 2[such
fee as may be prescribed] for every hundred words of such copy or
extract; and such certified copy
shall be prima facie
evidence of the matters therein contained in all legal
proceedings
whatever.
25. Enquiry
by the Registrar, etc.- (1) The Registrar
may on his own motion and shall on the application of the majority
of the
members of the governing body or of not less than one-third
of the members of the society, hold an enquiry, or
direct some
person authorised by him by order in writing in accordance with
the rules made in
this behalf to hold an enquiry into the constitution,
working and financial condition of a registered society.
(2) The Registrar or the person authorised by
him under subsection (1) shall have the following powers, namely,--
(a) he shall, at all reasonable times, have
free access to the books, accounts, documents, securities, cash
and other properties belonging to or in the custody of the society
and may summon any person in
possession or responsible for the
custody of any such books, accounts, documents, securities, cash
or other properties to produce the same at any place at the headquarters
of the society or any branch thereof;
(b) he may summon any person who, he has reason
to believe, has knowledge of any of the affairs of the society
to appear before him at any place at the headquarters of the society
or any branch thereof and
may examine such person on oath;
(c) (i) he may, notwithstanding anything contained
in this Act or in any rule or regulation prescribing the period
of notice for a general meeting of the society, require the governing
body of the society to
call a general meeting at such time and
place at the headquarters of the society or any branch thereof
and to determine such matters as may be directed by him. If the
governing body of the society refuses
or fails to call a meeting,
he shall have power to call it himself;
(ii) any meeting called under sub-clause (i)
shall have all the powers of a general meeting called under the
rules or regulation of the society and its proceeding shall be
regulated by such rules or regulations;
(iii) when an enquiry is made under this section,
the Registrar shall communicate the result of the enquiry to
the
society concerned.
26. Surcharge.- (1) Where,
in the course of an enquiry under section 25, it appears that
any person who
had taken part in the establishment or management
of the society or any past or present, president, secretary,
1. Substituted by Act 7 of 2000 (S.3) w.e.f.
1.4.2000
member of the governing body or officer or any
member of the staff of the society has misapplied or retained
or become liable or accountable for any money or property of the
society, or has been guilty of
misfeasance or breach of trust
in relation to the society, the Registrar may, on a report received
from the officer or on an application received from the governing
body of the society or of his own motion,
examine into the conduct
of such person and after giving reasonable opportunity to the
person
concerned to submit his explanation, make an order requiring
him to repay or restore the money or property or any
part thereof,
respectively with interest at such rate as the Registrar thinks
just or to contribute
such sum to the assets of the society by
way of compensation in regard to the misapplication, retainer,
misfeasance or breach of trust as the Registrar thinks just.
(2) The order of the Registrar under subsection
(1) shall be final unless it is set aside by the 1[Karnataka Appellate
Tribunal]1 on an appeal filed before it within sixty days from
the date of communication of the
order. Every such appeal shall
be accompanied by a fee of ten rupees.
(3) Any sum ordered under this section to be
repaid to a society or recovered as a contribution to its assets
may on a requisition being made in this behalf by the Registrar,
be recovered by the Deputy Commissioner,
in the same manner as
arrears of land revenue.
(4) This section shall apply not with standing
such person may have incurred criminal liability by his act.
27.Cancellation of
registraiton and dissolution of certain societies .-
(1) If it appears to the Registrar that any society registered or
deemed to be registered under this
Act, is carrying on any unlawful
activity or allows unlawful activity to be carried on within any
premises
under the control of the society, 1[the
Registrar may hold an enquiry or authorise any officer to hold an
enquiry into the activities of such
society and in respect of every
such enquiry, the Registrar or the authorised officer] shall have
the
same powers as are specified in subsection (2) of section 25.
2[
The authorised officer
shall, on completion
of the enquiry, submit a report to the Registrar]
(2) If on an enquiry under subsection (1), the
Registrar is satisfied that any such society has been carrying
on any unlawful activity or has allowed any unlawful activity
to be carried on within any premises
under the control of the
society, he shall, after giving reasonable notice to the society
to
show cause why the registration of the society should not be
cancelled and the society dissolved, and after considering
the
representations, if any, made on behalf of the society, by order
cancel the registration
of the society and direct dissolution
of the society; and thereupon the assets of the society shall
be distributed, and the liabilities discharged, in the same manner
as if the society had been dissolved
under section 22.
(3) An appeal shall lie to the
3[ Karnataka Appellate
Tribunal] against any order passed by the Registrar under subsection
(2), within sixty days from the date of communication of the order,
and the decision on such appeal shall be
final.
Explanation.-- For purposes of this section,
an activity shall be deemed to be unlawful if such activity is
an offence punishable under any provision of law for the time
being in force.
4[27-A.
Appointment of Administrator.- Notwithstanding anything in
this Act,--(1)(a) where any society on account of the pendency of
litigation
or otherwise has not held or is unable to hold the
annual general meeting; or
(b) where the term of office of the members
of the governing body of a society has expired and a new governing
body has not for any reason been constituted; or
(c) where on a report made by the Registrar
or otherwise,on enquiry, the State Government considers it necessary
in public interest so to do,
the State Government may, by
order published in the official Gazette, appoint an Administrator
for such
society for such period, not exceeding six months,
as may be specified in the order, to manage the
affairs of the society:
1.Substituted for the words "the Registrar may
hold an enquiry into the activities of such society, and in respect
of every such enquiry, the Registrar" by Act No. 26 of
1965.
2. Added by Act No. 26 of
1965.
3. Substituted for the expression "Karnataka
Revenue Appellate Trubunal" by Act No. 7 of 1978 and shall be
deemed to have come into force w.e.f
29-9-1978.
4. Section 27-A inserted by Act No. 65 of 1976
and shall be deemed to have come into force w.e.f.
2-7-1976.
Provided that for reasons to be
recorded in writing, the State Government may, by like order,
1[extend
either prospectively or retrospectively, the said period] by any
further periods not exceeding
six months at a time , so however
subject to the provisions of clause (5), the aggregate period shall
not extend beyond 2[
four years],
(2) the expenditure incurred by the State Government
towards salary and allowances of the Administrator shall be
paid
to the State Government from out of the funds of the society;
(3) on the appointment of the Administrator
under clause (1) and during the period of such appointment the
governing body of the society shall cease to exercise any powers
and perform and discharge any functions
or duties conferred or
imposed on it by this Act, or its memorandum of association or
the rules
and regulations or any other law and subject to any
directions which the State Government, may from time to time
issue,
all such functions or duties shall be performed or discharged
by the Administrator.
(4) the Administrator shall, before the expiry
of the period of his appointment take necessary action to convene
the general body meeting of the society and hold elections for
the constitution of the governing
body.
(5) if the Administrator is not, for reasons
beyond his control, able to convene the general body meeting or
inspite of such meeting being convened the general body fails
to elect the governing body, the
Administrator shall forthwith
send report to the State Government, who may pass such orders
as
are considered necessary, either extending the period of appointment
of the Administrator for a further period
or if satisfied that
public interest so requires, for the dissolution of the society.
3[(5-A)
The State Government may, if it thinks fit, apoint an Advisory
Council to advise and assist the
administrator appointed under
subsection (1) in the exercise of the powers and performance and
discharge
of the duties and functions conferred or imposed on him
under this Act. The members of the Advisory Council shall hold
office during the pleasure of the State Government.]
(6) where an order of dissolution is passed
under clause (5), the assets of the society shall vest in and the
liabilities shall devolve on the State Government.]
1.Substituted for the words "extend the said
period" by Act No. 48 of 1986, w.e.f.
25-11-0986.
2. Substituted for the words "two years" by Act
No. 7 of 1978 and shall be deemed to have come into force w.e.f.
29-9-1978.
3. Sub-section (5-A) inserted by Act No. 7 of
1978 and shall be deemed to have come into force w.e.f.
29-9-1978.
28. Offences and
penalties.-If-
(a) the president, chairman, principal secretary
or any member of the governing body or any officer of a society
contravenes the provisions of subsection (2) of section 9, or
sub-section (2) of section 10,
or sub-sections (1) and (2) of section
11, section 12 or section 13;
(b) the president, chairman, principal secretary
or an officer or member of the governing body of society wilfully
makes or furnishes a false return or makes or furnishes a return
or statement which he does not
believe to be true; or
(c) any person wilfully or without any reasonable
excuse disobeys any summons, requisition or lawfully written
order
issued under the provisions of this Act or does not furnish any
information lawfully required
from him by a person authorised
in this behalf under the provisions of this Act;
such president, chairman,
principal secretary, member or person shall on conviction, be
punishable with
fine which may extend to 1[
One thousand rupees.]
29. Cognizance of
offences.- No court inferior
to that of a Magistrate of the First Class shall try an offence
under this
Act
30. Power to make
rules.- (1) The State Government
may by notification in the official Gazette make such rules as
may be necessary for carrying out the purposes of this Act.
2[(1-A)
Without prejudice to the generality of the provisions of sub-section
(1), the state government may
fix such fees and fines for the
following namely:-
(a) For the registration of societies under sub-section
(1) of section 8.
(b) For appeal before Karnataka appellate Tribunal
under sub-section(3) of section 8, sub-section (3) of section
9 and sub-section (3) of section 10.
(c) For filing of charge in memorandum of Association
under sub-section (2) of section 9.
(d) For filing of change of name, rules and regulations
under sub-section (2) of section 10.
(e) Filing of the list and balance sheet and
income and expenditure account under section 13.
(f) Fines under sections 13 and section 28.
Fee for enquiry under section 25.]
(2) All rules made under this Act shall be laid,
as soon as may be, after they are made, before each House of the
State Legislature while it is in session for a total period of
thirty days which may be comprised
in one session or in two or
more sessions and if before the expiry of the said period, either
House of the State Legislature makes any modification in the rules
or directs that the rules shall not have effect
and if the modification
or direction is agreed to by the other House, the rules shall
thereafter
have effect only in such modified form or be of no
effect, as the case may be.
1. Substituted for the words "fifty rupees" by
Act No. 7 of 2000, w.e.f. 1-4-2000.
2. Sub section (1-A) inserted by Act No. 7 of
2000, w.e.f. 1-4-2000.
31. Repeal and
savings.- The Karnataka
Societies Registration Act, 1904 (Karnataka Act No.III of 1904), as in force in
the Karnataka Area, the Societies
Registration Act, 1860 (Central Act No. XXI of 1860), as in force in
the Bombay area, the Madras area and the
Coorg District and the Public Societies Registration Act, 1350 Fasli
(Hyderabad Act I of 1350
Fasli), as in force in the Hyderabad
Area are hereby repealed:
Provided that every society
registered under any of the repealed enactment shall be deemed to be
registered
under this Act:
Provided further that subject
to the preceding proviso the provisions of section 6 of the
Karnataka General
Clauses Act, 1899, shall be applicable in respect
of the repeal of the said enactments and sections 8 and 24 of the
said Act shall be applicable as if the said enactments had been
repealed and re-enacted by this act.
---------
1 Inserted by act 7 of 2000 (s 3) w.e.f 1-4-2000
You can download the model memordum of the society
You can download the model bye-laws
Notifications
I
Notification No. RD 129 GRG 16, dated Bangalore, the 6th June
1961 (Jyeishta 16, Saka Era 1883).
In exercise of the powers conferred by subsection
(3) of Section 1 of the Mysore Societies Registration Act, 1960
(Mysore Act No. 17 of 1960), the Government of Mysore hereby appoint
15th day of June 1961 as
the date from which the said Act shall
come into force
By Order and in the name of the Governor of
Mysore,
(D. NAGSETTI)
Under Secretary to Government, Revenue Department.
II
Notification No. RD 70 EST 75, Bangalore dated 19th June, 1975.
S.O. 1734.-- In exercise of the powers conferred
by subsection (2) of section 1 of the Karnataka Societies Registration
(Amendment) Act, 1975 (Karnataka Act No. 20 of 1975), the Government
of Karnataka hereby appoints
the 1st day of July, 1975 as the
date on which the said Act shall come into force.
By Order and in the name of the
Governor of Karnataka,
(MUDDUMALLAIAH)
1/c Under Secretary to Government, Revenue Department.
Adapted by the karnataka adaptation of laws
order, 1973 (1-11-1973).
THE KARNATAKA SOCIETIES REGISTRATION RULES,1961.
Note: This electronic version of this statute
is reproduced for your convenience and personal use only and may
not be copied for the purpose of resale in this or any other form.
Formatting of this electronic
version may differ from the official,
printed version. Where accuracy is critical, please consult official
gazette notifications.
Website Updated 26-01-2002
The Karnataka Societies Registration Rules, 1961
Notification
No. RD 129 GRG 60, Bangalore, dated 15th June 1961
(Jyeshta 25, Saka Era 1883)
In exercise of the powers conferred by section
30 of the 1[Karnataka] Societies Registration Act, 1960 (1[Karnataka]
Act No.17 of 1960), the Government of 1[Karnataka] hereby makes
the following rules namely:-
Rules
1. Title. - These rules may be called the 1[Karnataka]
Societies Registration Rules, 1961.
2. Definition. - (a) "Act" the means
1[Karnataka] Societies Registration Rules, 1960.
(b) "memorandum" means the memorandum of association
specified in section 6;
(c) "section" means a section of the Act; and
(d) other words and expressions used in the Rules shall have the
meanings assigned to them in
the Act.
3. Procedure for Registration. - (1) The form
of application for the registration of a society shall be as in
Schedule 'A'. The memorandum of association and the rules and
regulations of the society shall
contain the particulars specified
in sub-sections (1) and (2) of section 6, and also comply with
the requirements of sub-section (3) of section 6. The memorandum
shall also mention the name and address of
one of the subscribers
to the memorandum authorised by the society to whom any communication
may be sent by the Registrar.
(2) The Registrar may, for the purpose of satisfying
himself of the matters specified in section 4 and 6, call
for
such further
1. Adapted by the Karnataka Adaptations of
Laws Order, 1973
particulars or make such enquiry as he deems
necessary. He may permit the subscribers, if so desired by them
in writing, to make such alterations or additions to the proposed
memorandum, rules and regulations
submitted in order to make them
1[conform] to the provisions of the Act and rules thereunder.
(3) A copy of the 1[relevant extracts from the
record] of the proceedings of the general meeting at which the
registration was resolved should also accompany the memorandum.
(4) If the Registrar refuses to register a society,
he shall communicate the order of refusal by registered post
to
subscriber mentioned in the memorandum under sub-rule (1).
(5) The Registrar after satisfying himself of
the conditions and provisions of the Act, shall issue a certificate
as prescribed in Schedule 'B' as appended to these rules, for
having registered the society.
4. The mode of payment of fees. - The payment
of fees under sections 8, 9, 10, 13 and 24 shall be by production
of the original challan for the prescribed fee having been paid
into the Reserve Bank of India,
Bangalore, or its Agency Banks
in the State or other non-banking treasuries duly certified by
the Treasury Officer.
5. Accounts and other banks to be maintained
by societies. - A society shall keep such account books and registers
in connection with the business of the society, as the Registrar
may, from time to time, require.
6. Power of Registrar to direct accounts and
books to be written up. - The Registrar may, by order in writing,
direct any society to get any or all the accounts and books required
to be kept by it under rule
5 written up to such date, in such
form and within such time as he may direct.
1. Substituted by G.S.R. 378, dated 5-1-1965.
7. Statements and returns to be furnished by
the society.-
1. Every society shall prepare for each calendar
year in such form as may be specified by the Registrar-
(a) a list of names, addresses and occupations
of the members of the governing body;
(b) a copy of the balance sheet and income and
expenditure account duly audited.
2. Every society shall, in addition to the annual
statements specified in sub-rule (1), also submit to the Registrar
any other statement or return in such form, within such time,
and for such period as the Registrar
may specify.
3. In the case of failure by any society to submit
any statement or return specified in sub-rules (1) and (2) within
the time specified by him, the Registrar may depute an officer
subordinate to him or authorise
any other person to prepare the
necessary 1[statement or return]. In such cases, it shall be competent
for the Registrar to determine, with reference to the time involved
in the work and the remuneration
payable to the officer so deputed
for the purpose, the charges which the society concerned should
pay to the State Government or the person so authorised and to
direct its recovery from the society.
1[8. Enquiry by the Registrar.- (1) Where the
Registrar proposed to hold an enquiry under section 25, either
on his own motion or on an application, he or the person authorised
by him under the said section
to hold an enquiry shall issue notice
to the society concerned in this behalf.
(2) The said notice shall specify a date on which,
place in which and the time at which, as also the matters in
respect
of which the enquiry will be held. The notice shall also call
upon the
1. Inserted by Notification No. RD 72 EST
74 dated 15-11-1975 GSR 338 KGD 27-11-1975.
society to furnish its explanation in respect of matters referred
to therein before the date specified
in the notice.
(3) The Society shall furnish its explanation
to the Registrar or the authorised person before such date.
(4) On the date fixed for the enquiry, or on
such other date or dates to which the enquiry might be adjourned,
the Registrar or the authorised person shall give the society
a oral hearing. He may also examine
such persons as may be considered
necessary. He may receive any relevant document. If the society
fails to furnish its explanation as required under sub-rule (3)
or to attend the enquiry on the date fixed
or the adjourned date,
the Registrar or the authorised person may proceed with the enquiry
ex-parts.
(5) On the completion of the enquiry, the Registrar
or the authorised person shall record his findings and communicate
the same to the society concerned.]
9. 1[ Rates of fees and fines:- The rate of fees
and fines mentioned in column (3) of the Table below shall be
paid for the purposes specified in column (2) of the Table
| Sl.No. |
Purpose |
Fees or Fines |
| 1 |
For Registration of Memorandum of association and rules
and regulations of Society under Sub-section(1) of
section
8. |
|
|
(a) if society is situated within Bangalore Metropolitan
Regional Development Authority limits |
1000 |
|
(b) if society is situated in any other area. |
500 |
| 2 |
For each appeal before Karnataka Appellate Tribunal under
sub-section (3) of section 8 Sub-section (3) of
section
9 and sub-section (3) of section 10. |
500 |
|
|
| 3 |
For filing of change in Memorandum of Association
under sub-section (2) of section 9. |
100 |
| 4 |
For filing of change of name rules and Regulations under
sub-section (2) of section 10. |
250 |
| 5 |
2Filing
of Income and Expenditure account
under
section 13. |
|
|
2For
every one lakh rupees of the amount of Income and Expenditure
or part thereof
. |
100 |
|
|
|
| 6 |
Fines under proviso to section 13 |
|
|
(a) Where the delay in filing the list and Balance Sheet
and Income and Expenditure Account does not exceed
one year.
|
50.00 |
|
2(b)
Where the delay exceeds one year, for each year of
delay or part thereof.
|
100.00 |
| 7 |
Enquiry fee under section 25 [Rule(8)] |
500.00 |
| 8 |
Fine under section 28 |
1000.00 |
| 9 |
For each Inspection of document under Section 24. |
50.00 |
| 10 |
For issue of certified copy under section 24 for every
hundred words of copy or extract. |
10.00 |
1Inserted by Notification No.RD
No.170 MUNOMU 2000, dated 31-3-2000, w.e.f.
1-4-2000.
2Inserted
by Notification No.RD No.141 MUNOMU 2002 (I) , dated
30-3-2002, w.e.f. 4-4-2002.
Provided that the fees and fines shall be fifty
percent of the amount specified above for Societies of persons
belonging to the Scheduled Castes or the Scheduled Tribes and
all women Societies.
SCHEDULE 'A'
[See Rule 3(1)]
Form of application for Registration of Societies under the [Karnataka]
1 Societies Registration
Act, 1960
To,
The Registrar of Societies in _____________,
Karnataka. .
Dear Sir,
We desire to form ourselves into a society under the [Karnataka]
Societies Registration Act, 1960,
for the purpose of..............................................................................
(here mention
the purpose or purposes specified in section 3).
We enclose herewith the memorandum of association, the rule and
regulations of society and the original challan for having paid
the prescribed fee. We have,
in other respects, complied with
the requirements of the Act and the rules made thereunder. We
request that the society may be registered.
Yours faithful,
(1)
(2)
(3)
(4)
(5)
(6)
(7) etc.,
Memorandum of Association
1) Name of the society - Here enter the requirements of clause
(a),
2) - (b), (c) and (d) of sub-section (1) of section 6.
3) -
4) -
1. Adapted by the Karnataka Adaptations of
Laws Order, 1973.
Rules and Regulations of the Society
(1)
(Here enter the rules and regulations of the society)
(2)
(3)
(4)
Subscribers to the Memorandum of Association
SCHEDULE 'B'
[See Rule 3(5)]
Certificate of Registration
I hereby certify that_______________is this
day registered under the 2[Karnataka] Societies Registration Act,
1960 2[Karnataka] Act, 17 of 1960).
Fee paid rupees_______________Given under my hand at______the_____day
of_____one thousand nine
hundred and_____Registrar of Societies
1[ _____ ]
By order and in the name of the Governor of Karnataka
D.NAGSETTI,
Under Secretary to Government,
Revenue Department.
1. Certain words omitted by G.S.R. 378, dated
5th January 1965.
2. Adapted by the Karnataka Adaptations of Laws Order 1973.
You can download the model memordum of the society
You can download the model bye-laws
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