The Societies Registration Act, 1860
The Indian Societies Registration Act of 1860 was enacted under the British Raj in India. It provided for the registration of literary, scientific and charitable societies. Under the act, societies might be formed by a memorandum of association by any seven people associated for any literary, scientific, or charitable purpose. The memorandum of association had to be filed with the Registrar of Joint-stock Companies. The memorandum had to contain the name of the society, its objects and the names, addresses, and occupations of the governors, council, directors, committee, or other governing body. A copy of the rules and regulations of the society had to be filed with the memorandum of association. A fee was payable for registration.
Memorandum of association.-- The memorandum of association shall contain the following things (that is to say)- the name of the society; the objects of the society; the names, addresses, and occupations of the governors, council, directors, committee, or other governing body to whom, by the rules of the society, the management of its affairs is entrusted. A copy of the rules and regulations of the society, certified to be a correct copy by not less than three of the members of the governing body, shall be filed with the memorandum of association.
Societies formed by memorandum of association and registration.-- Any seven or more persons associated for any literary, scientific, or charitable purpose, or for any such purpose as is described in section 20 of this Act, may, by subscribing their names to a memorandum of association, and filing the same with the Registrar of Joint- stock Companies 2[ , form themselves into a society under this Act.
Registration and fees.-- Upon such memorandum and certified copy being filed, the Registrar shall certify under his hand that the society is registered under this Act. There shall be paid to the Registrar for every such registration fee of fifty rupees, or such smaller fee as 2[ the State Government] may, from time to time, direct; and all fees so paid shall be accounted for to 3[ the State Government].
Annual list of managing body to be field.-- Once in every year, on or before the fourteenth day succeeding the day on which, according to the rules of the society, the annual general meeting of the society is held, or, if the rules do not provide for an annual general meeting, in the month of January, a list shall be filed with the Registrar of Joint- stock Companies, of the names, addresses and occupations of the governors, council, directors, committee, or other governing body then entrusted with the management of the affairs of the society.
5. 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, may be described as the property of the governing body of such society by their proper title.
6. Suits by and against societies.-- Every society registered under this Act may sue or be sued in the name of the president, chairman, or principal secretary, or 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.
7. 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 proceedings 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.
8. Enforcement of judgment against society.-- If a judgment shall be recovered against the person or officer named on behalf of the society, such judgment shall not be put in force against the property. movable or immovable, or against the body of such person or officer, but against the property of the society. The application for execution shall set forth the judgment, the fact of the party against whom it shall have been recovered having sued or having been sued, as the case may be, on behalf of the society only, and shall require to have the judgment enforced against the property of the society.