No: 28 Dated: Jun, 23 1958

Rajasthan Societies Registration Act, 1958

Act No. 28 of 1958

    An Act to provide for the registration of literary, scientific, charitable and certain other societies in the State of Rajasthan.

    Whereas it is expedient to consolidate and amend the law for improving the legal condition of societies established for the promotion of literature, science or the fine arts or for the diffusion of useful knowledge or for the diffusion of political education or for charitable purposes.

    Be it enacted by the Rajasthan State Legislature in the Ninth Year of the Republic of India as follows :-

1. Short title, extend and commencement.— (1) This Act may be called the Rajasthan Societies Registration Act, 1958.

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

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

1A. Interpretation.— (1) In this Act, unless the subject or context otherwise requires, —

(i) "Registrar" means the Registrar of Co-operative Societies for the State :

Provided that the State Government may, by notification in the Official Gazette, appoint any other person or officer, by name or by virtue of his office, to be the Registrar for the purposes of this Act, and in such case the person or officer so appointed shall be the Registrar for such purpose; and

(ii) "State" or "State of Rajasthan" means the State of Rajasthan as formed by Section 10 of the State Reorganisation Act, 1956 (Central Act 37 of 1956).

(2) The provisions of the Rajasthan General Clauses Act, 1955 (Rajasthan Act 8 of 1955) shall, as far as may be, apply mutatis mutandis to this Act.

1B. 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 may, by subscribing their names to a memorandum of association and filing the same with the Registrar, from themselves into a society under this Act.

2. Contents of memorandum of association. (1) The memorandum of association shall contain the following things, that is to say —

(a) the name of the society;

(b) the objects of the society;

(c) the names, addresses and occupations of the governors, directors, trustees or members (by whatever name they are designated) of the council, committee or other governing body to which, by the rules and regulations of the society, the management of its affairs is entrusted.

(2) A copy of the rules and regulations of the society, certified to be a correct copy by not less than three of the governors, directors, trustees or members of the governing body, shall be filed with the memorandum of a association.

3. Registration and fees.— (1) Upon such memorandum and certified copy being filed, the Registrar shall certify under his hand that the society is registered under this Act.

[(2) There shall be paid to the Registrar for every such registration, such fee as the State Government may, from time to time, direct and all fees so paid shall be accounted for to the State Government.]

4. Annual list to be filed.— Once in every year, on or before the fourteenth day succeeding the day on which according to the rules and regulations of the society, the annual general meeting of the society is held or if the rules and regulations do not provide for an annual general meeting, in the month of January, a list shall be filed with the Registrar of the names, addresses and occupations of the governors, directors, trustees or members of the council, committee or other governing body than entrusted with the management of the affairs of the society.

4A. Changes in governing body and rules to be filed.— (1) Together with the list mentioned in Section 4 there shall be sent to the Registrar a statement showing all changes during the year to which the list relates in the personnel of the governors, governors, directors, trustees or members of the council, committee or other governing body to which the management of the affairs of the society is entrusted and also a copy of the rules and regulations of the society corrected upto date and certified to be a correct copy by not less than three of the governors, directors, trustees or members of the governing body.

(2) A copy of every alteration made in the rules and regulations of the society, certified to be a correct copy in the manner aforesaid, shall be sent to the Registrar within fifteen days of the making of such alteration.

4B. Penalty for non-compliance of section 4 or 4-A or for making a false entry.— (1) If the Chairman, Secretary or any other person authorised in this behalf by the rules and regulations of the society or by a resolution of the governing body of the society fails to comply with the provisions of Section 4 or Section 4-A, he shall, on conviction, be punishable with fine which may extend to five hundred rupees and in case of a continuing breach, with a further fine not exceeding fifty rupees for each day during which the defaults is continued after the first conviction for such offence.

(2) If any person wilfully makes or causes to be made any false entry in, or any omission from, the list filed under Section 4 or any statement or copy of rules and regulations or of alterations therein sent to the Registrar under Section 4-A, he shall, on conviction, be punishable with fine which may extend to two thousand rupees.

4C. Cognizance of offences under Section 4-B.— No Court inferior to that of a Magistrate of the first class shall try any offence under Section 4-B nor shall cognizance of any such offence he taken except on a complaint made in writing by the Registrar or any person authorised by him in this behalf.

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