KARNATAKA SOCIETIES REGISTRATION ACT, 1960

17 of 1960

STATEMENT OF OBJECTS AND REASONS KARNATAKA ACT No. 26 OF 1965 Karnataka Gazette, dated 7-10-1965 Section 27 as it stands now empowers the Registrar of Societies to conduct enquiries if it appears to him that it is carrying on any unlawful activity or is allowing any unlawful activity to be carried on. The Registrar has jurisdiction over the entire State and he has many other items of work to attend to. It may not therefore be possible for him to conduct all such enquiries by himself. It would be desirable to provide for his authorising some other officers to conduct such enquiries. The amendment empowers the Registrar to delegate the powers of enquiry into the activities of the societies to some person authorised by him. Hence the Bill.

STATEMENT OF OBJECTS AND REASONS KARNATAKA ACT No. 20 OF 1975 Karnataka Gazette, dated 14-2-1974 Some of the Societies are finding it inconvenient to render returns on the basis of the calendar year under the existing provisions of the Karnataka Societies Registration Act, 1960. It is proposed to amend the Act so as to enable the societies to adopt any periods of twelve months according to their choice. Opportunity has been taken to enhance the fees payable by the Societies for certain purposes in view of the increase in the cost of administration of the department.

STATEMENT OF OBJECTS AND REASONS KARNATAKA ACT No. 48 OF 1986 Karnataka Gazette, Extraordinary, dated 25-8-1986 The proviso to Section 27-A of the Karnataka Societies Registration Act, 1960 provides for extending the period of appointment of the Administrator prospectively. It is considered necessary to empower the Government to extend the period of appointment of the Administrator, retrospectively also. Hence the Bill.

STATEMENT OF OBJECTS AND REASONS KARNATAKA ACT No. 11 OF 1990 Karnataka Gazette, Extraordinary, dated 30-3-1990 To give effect to the proposals made in the Budget Speech, it is considered necessary to amend the Karnataka Societies Registration Act, 1960. Hence the Bill.

STATEMENT OF OBJECTS AND REASONS KARNATAKA ACT No. 9 OF 1999 Karnataka Gazette, Extraordinary, dated 26-4-1999 To implement the Participatory Irrigation Management, the High level working group has suggested certain amendments to the Karnataka Societies Registration Act, 1960 to enable the water users societies to fully implement the programmes. Therefore, it is considered necessary to amend Section 3 of the Karnataka Societies Registration Act, 1960 to provide for the proper use of the natural resources and scarce in frastructural facilities like land, power, water, forest and other resources. Hence the Bill.

STATEMENT OF OBJECTS AND REASONS KARNATAKA ACT No. 7 OF 2000 Karnataka Gazette, Extraordinary, dated 31-3-2000 To give effect to the proposals made in the Budget Speech, it is considered necessary to amend the Karnataka Stamp Act, 1957 and the Karnataka Societies Registration Act, 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 State of Karnataka. Be it enacted by the Karnataka State Legislature in the Eleventh Year of the Republic of India as follows.

Section 1 Short title, extent and commencement.

(1) This Act may be called the Karnataka Societies Registration Act, 1960.

(2) It extends to the whole of the State of Karnataka.

(3) It shall come into force on such date as the State Government may by notification in the Official Gazette appoint.

Section 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 regulations; 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;

(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;

11. Clause (e) substituted by Act No. 7 of 1978 and shall be deemed to have come into force w.e.f. 29-9-1978 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [(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;]

22. Clause (f) added by Act No. 20 of 1975 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [(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.]

Section 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 11. The words "other than horse racing" omitted by Act No. 7 of 1978 and shall be deemed to have come into force w.e.f. 29-9-1978 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [x x x x x];

(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;

22. Clause (ff) inserted by Act No. 9 of 1999, w.e.f. 26-4-1999. [(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

(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.

Section 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.

(2) The Registrar exceeded his jurisdiction in embarking upon an enquiry into the question as to who was actually managing the High School. Rule 3(2) defines the scope of the enquiry to be made by the Registrar and that is for the purpose of satisfying himself about the matters specified in Section 4 and SECTION 6. Section 6 does not contemplate that the society which is seeking registration should be in charge of or must be managing an institution and there is no justification for calling for reports as to who vas in actual management of the High School.

Section 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.

Section 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 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.

Section 7 Societies not to be registered 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.

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 11. The words "along with a registration fee of one hundred rupees" omitted by Act No. 7 of 2000, w.e.f. 1-4-2000. [x x x x x].

(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.

(3) If the Registrar refuses to register a society, an appeal shall lie to the 11. Substituted 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 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [Karnataka Appellate Tribunal] within sixty days from the date of communication of his refusal to register the society.

22. 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. [x x x x x.]

Section 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 purposes 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 the 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 meeting 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

(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 11. The words "along with a fee of fifty rupees" omitted by Act No. 7 of 2000, w.e.f. 1-1-2000. [x x x x x] 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 22. Substituted 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 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [Karnataka Appellate Tribunal] within sixty days from the date of communication of his refusal to register the change. 33. 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. [x x x x x].

Section 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 44. The words "along with a fee of fifty rupees" omitted by Act No. 7 of 2000, w.e.f. 1-4-2000. [x x x x x] and if the Registrar is satisfied that the amendment is 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 55. Substituted 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 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [Karnataka Appellate Tribunal] within sixty 11. 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. [x x x x x.]

Section 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 previous 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 11. The word "calendar" omitted by Act No. 20 of 1975 and subsequently repealed by Act No. 22 of 2000. w.e.f. 29-11-2000." [x x x x x] 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 22. The word "calendar" omitted by Act No. 20 of 1975 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [x x x x x] 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 giving of notice to him, a notice

Section 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 11. The word "calendar" omitted by Act No. 20 of 1975 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [x x x x x] 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 22. The word "calendar" omitted by Act No. 20 of 1975 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [x x x x x] year.

33. Sub-section (3) inserted by Act No. 20 of 1975 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [(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 purposes of sub-section (2), be for such period as the Registrar may specify in the order according previous sanction.]

Section 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 S.226 of the Companies Act, 1956 (Central Act 1 of 1956), can act as an auditor of companies registered in the State of Karnataka. 44. 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. [x x x x x x.]

55. Proviso inserted by Act No. 7 of 2000, w.e.f. 1-4-2000. [Provided that, if owing to urgent necessity or unavoidable circumstances the society does not file 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 the annual general body meeting of the

Section 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 proparty may be described as the property of the governing body of such society by their proper title.

Section 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.

Section 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.

Section 17 Enforcement of judgment 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 judgment enforced against the property of the society.

Section 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.

Section 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.

Section 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 wilfully 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.

Section 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 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 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 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.

Section 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.

Section 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 sub-section (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.

Section 24 Inspection of documents.

Any person may inspect all documents filed with the Registrar under this Act 11. Substituted for the words "on payment of a fee of twenty-five rupees for each inspection" by Act No. 7 of 2000, w.e.f. 1-4-2000. [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 22. Substituted for the words "five rupees" by Act No. 7 of 2000, w.e.f. 1-4-2000. [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.

Section 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 sub-section (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

(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 regulations of the society and its proceedings 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.

Section 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, 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 sub-section (1) shall be final unless it is set aside by the 11. Substituted 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 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [Karnataka Appellate Tribunal] 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 notwithstanding such person may have incurred criminal liability by his act.

Section 27 Cancellation of registration 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, 22. 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 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [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 sub-section (2) of Section 25. 33. Added by Act No. 26 of 1965 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [The Authorised Officer shall, on completion of the enquiry, submit a report to the Registrar].

(2) If on an enquiry under sub-section (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, Section 22.

(3) An appeal shall lie to the 11. Substituted 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 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [Karnataka Appellate Tribunal] against any order passed by the Registrar under sub-section (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.

Section 127A Appointment of Administrator.

11.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 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11- 2000. 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:

Provided that for reasons to be recorded in writing, the State Government may, by like order, 22. Substituted for the words "extend the said period" by Act No. 48 of 1986, w.e.f. 25-11-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [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 33. 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 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [four years];

(2) The expenditure incurred by the State Government towards the 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 a 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

44. 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 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [(5-A) The State Government may, if it thinks fit, appoint an Advisory Council to advise and assist the administrator appointed under sub-section

(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.]

Section 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 sub-section (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 11. Substituted for the words "fifty rupees" by Act No. 7 of 2000, w.e.f. 1-4-2000. [one thousand rupees.]

Section 29 Cognizance of offences

No Court inferior to that of a Magistrate of the First Class shall try an offence under this Act.

Section 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.

22. Sub-section (1-A) inserted by Act No. 7 of 2000, w.e.f. 1-4-2000. [(1-A) Without prejudice to the generality of the provision 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 change 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 Section 13 and Section 28.

(g) 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.

Section 31 Repeal and savings

The Karnataka Societies Registration Act, 1904 (Karnataka Act III of 1904), as in force in the SOCIETIES REGISTRATION ACT, 1860 (Central Act 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 enactments shall be deemed to be registered under this Act:

Provided further that subject to the preceding proviso the provisions of S.6 of the MYSORE GENERAL CLAUSES ACT, 1899, shall be applicable in respect of the repeal of the said enactments and Section 8 and SECTION 24 of the said Act shall be applicable as if the said enactments had been repealed and re-enacted by this Act.

RULE:

KARNATAKA SOCIETIES REGISTRATION RULES, 1961

In exercise of the powers conferred by Section 30 of the Karnataka Societies Registration Act, 1960 (Karnataka Act 17 of 1960), the Government of Karnataka hereby makes the following rules, namely.

Rule 1 Title

These rules may be called the Karnataka Societies Registration Rules, 1961.

Rule 2 Definitions

(a) "Act" means the Karnataka Societies Registration Act, 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.

Rule 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 Sections 4 and 6, call for such further 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 11. Substituted for the word "confirm" by GSR 378, dated 5-1-1965 [conform] to the provisions of the Act and rules thereunder.

(3) A copy of the 22. Substituted for the word "report" by GSR 378, dated 5-1-1965 [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 the 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.

Rule 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.

Rule 5 Accounts and other books 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.

Rule 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.

Rule 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 11. Substituted for the words "statement of return" by GSR 378, dated 5-1-1965 [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.

Rule 8 Enquiry by the Registrar

222. Rule 8 inserted by GSR 338, dated 15-11-1975, w.e.f. 27-11-1975

(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 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 exparte.

(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].

Rule 9 Rates of fees and fines

11. Substituted for the words "statement of return" by GSR 378, dated 5-1-1965 The rates 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:

SCHEDULE A Form of application for Registration of Societies under the Karnataka Societies Registration Act, 1960

SCHEDULE [See Rule 3(1)] SCHEDULE A

[See Rule 3(1)]

Form of application for Registration of Societies under the Karnataka Societies Registration Act, 1960

To

The Registrar of Societies in

Karnataka, Bangalore

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 rules and regulations of the society and to 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 faithfully,

(1)

(2)

(3)

(4)

(5)

(6)

(7) etc.

Memorandum of Association

(1) Name of the Society

 (Here enter the requirements of clauses (a), (b), (c) and (d) of sub-section (1) of Section 6).

(2)

(3)

(4)

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

 Name

 Address

 Description

 Age

 Occupation, if any

 (1)

 (2)

 (3)

 (4)

 (5)

1.

2.

3.

4.

5.

6.

7.

etc.

Signature with date

 Signature of witness with date

 Address of witness

 Description of witness

 Occupation of witness

(6)

 (7)

 (8)

 (9)

 (10)

SCHEDULE B Certificate of Registration

SCHEDULE [See Rule 3(5)] SCHEDULE B

[See Rule 3(5)]

Certificate of Registration

I hereby certify that ___________________________________________________is this day registered under the

Karnataka Societies Registration Act, 1960 (Karnataka Act 17 of 1960).

Fee paid Rupees __________________________

Given under my hand at ______________________________the ___________________ day of ________________ One

thousand nine hundred and_____________________________

Registrar of Societies

x x x x x