SOCIETIES REGISTRATION (UTTAR PRADESH AMENDMENT) ACT, 1984
(U.P. Act No. 11 of 1984)
In pursuance of the provisions of clause (3) of Article 348 of the Constitution of the Governor is pleased to order the publication of the following English Society Registration (Uttar Pradesh Sanshodhan) Adhiniyam, 1984 (Uttar Pradesh Sankhya 11 of 1984) as passed by the Uttar Pradesh Legislature and assented to by the governor on April 29, 1984;
(As passed by the Uttar Pradesh Legislature)
An Act further to amend the Societies Registration Act, 1860 in its application to Uttar Pradesh.
It is hereby enacted in the Thirty-fifth Year of the Republic of India as follows :-
1. Short title. - This Act may be called the Societies Registration (Uttar Pradesh Amendment) Act, 1984.
2. Amendment section 3. - In section 3 of the Societies Registration Act, 1863, hereinafter referred to as the principal' Act, for the words "one hundred rupees the words, one hundred fifty rupees" shall be substituted
3. Amendment section 3A. - In section 3-A of the principal Act-
(a) for sub-section (1), the following sub-section shall be substituted, namely:-
"(1) Subject to the provisions of sub-section (2), a certificate of registration issued under section 3 shall remain in force for a period of five years from the date of issue ;
Provided that a certificate issued before the commencement of the Societies Registration (Uttar Pradesh Amendment) Act, 1984 (hereinafter in this section referred to as the said Act), shall remain in force for a period of five years from the date of such commencement on payment of the difference of the fees specified under sub-section (3) and the fees already paid."
(b) in sub-section (2), for the words, "two years", the words "five years" shall be substituted;
(c) in sub-section (3), in clause (a), for the words "ten rupees", the words, "rupees twenty-five" shall be substituted;
(d) for sub-section (4), the following sub-section shall be substituted, namely:-
"(4) Every application for renewal of the certificate shall be accompanied by a list of members of the managing body elected after the registration of the society or after the renewal of certificate of registration and also the certificate sought to be renewed unless dispensed with by the Registrar on the ground of its loss or destruction or any other sufficient cause."
4. Amendment Section 4. - In section 4 of the principal Act, in sub-section (1) the following proviso shall be inserted, namely:-
"Provided that if the managing body is elected after the last submission of the list, the counter signatures of the old members, shall, as, far as possible, be obtained on the list. If the old office bearers do not countersign the list, the Registrar may, in his discretion, issue a public notice or notice to such persons as he thinks fit inviting objections within a specified period and shall decide all objections received within the said period."
5. Amendment section 12D. - In section 12-D of the principal Act -
(a) in sub-section (1), after clause (b), the following clause shall be inserted, namely:-
"(c) that the registration or the certificate of renewal has been obtained by misrepresentation or fraud."
(b) for sub-sections (2) and (3), the following sub-sections shall be substituted, namely:-
"(2) An appeal against an order made under sub-section(1) may be preferred to the Commissioner of the Division in whose jurisdiction the Headquarter of the Society lies, within one month from the date of communication of such order.
(3) The decision of the Commissioner tinder sub-section (2) shill be final and shall not be called in question in any court."
6. Amendment of Section 15. - The existing section 15 of the principal Act shall be re-numbered as sub-section (1) thereof, and after sub-section (1) so re-numbered, the following sub-section shall be inserted, namely:-
"(2) Every society shall maintain a register of members giving such particulars as may be prescribed."
7. Amendment of Section 20. - In section 20 of the principal Act, after the words "established for the promotion of " and before the word "science", the words, "Khadi and Village Industry, Panchayat Industry, Rural Development," shall be inserted.
8. Amendment of Section 24. - In section 24 of the principal Act, after sub-section (3), the following sub-section shall be inserted, namely:-
"(3-A) The Registrar or other person appointed under sub-section (1) may, if in his opinion it is necessary for the purpose of inspection or investigation, seize any or all the records including account books of the society :
Provided that any person from whose custody such records are seized shall be entitled to make copies thereof or to take extracts therefrom in the presence of the person having the custody of such records."
9. Amendment of Section 27. - In section 27 of the principal Act, for clause (a), the following clause shall be substituted, namely:-
"(a) fails to furnish the list of managing body or other information required to be furnished under section 4 or 4-A or wilfully makes or causes to be made a false entry in, or any omission from, the list or any statement or copy of rules or of alteration in rules or other information sent to the Registrar under the said section 4 or section 4-A."
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