West Bengal Societies Registration Act, 1961
No: 26 Dated: Dec, 05 1961
THE WEST BENGAL SOCIETIES REGISTRATION ACT, 1961
West Bergal Act XXVI of 1961
An Act to provide for the registration of literary, cultural, scientific, political, charitable, religious and certain other kinds of societies and for matters connected therewith.
It is hereby enacted in the Twelfth Year of the Republic of India, by the Legislature of West Bengal, as follows :
1. Short title, extent and commencement.— (1) This Act may be called the West Bengal Societies Registration Act, 1961.
(2) It extends to the whole of West Bengal.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Interpretation.— In this Act, unless the context otherwise requires,—
(a) "Court", when used in relation to a society, means the principal civil court of original jurisdiction of the district within which the registered office of the society is situate and in relation to a society situate within the Presidency town of Calcutta, the City Civil Court established under the City Civil Court Act, 1953;
(b) "Governing Body" means the body, by whatever name called, entrusted for the time being with the management of a society under its regulations;
(c) "member", when used in relation to a society, means a person who has been admitted with his consent as a member of the society according to its regulations;
(d) 'memorandum" means the memorandum of association referred to in section 4;
(e) "officer" means a member of the Governing Body, the President, the Secretary or any other officebearer of a society and includes also an employee of the society whose work is not of a purely ministerial nature;
(f) "officer in default", for the purpose of any provision in this Act, means any officer who is knowingly guilty of any contravention, failure or refusal, or who knowingly and willingly authorises or permits such contravention, failure or refusal;
(g) "President" means the President, the Chairman or the formal head by whatever name called, of a society and includes a person who for the time being acts as the formal head;
(h) "registered office" means the registered office mentioned in the memorandum;
(i) "Registrar" means a person appointed as Registrar under section 3 and includes, in relation to the exercise of any powers or functions under this Act, any person referred to in that section on whom such powers or functions have been conferred under that section;
(j) "regulations" means the regulations made by a society and, in relation to a society deemed to have been registered under subsection (2) of section 36 of this Act and, includes its rules and regulations;
(k) "Rules" means rules made by the State Government under section 35;
(l) "Secretary" means the Secretary or the principal executive officer by whatever name called, of a society, and includes a person who for the time being acts as Secretary;
(m) "society" means a society registered or deemed to have been registered under this Act;
(n) "votes of threefourths of the members" means the votes given by at least threefourths of members of a society, present at a general meeting of the society convened according to its regulations and the members voting at such meeting by proxy, where voting by proxy is allowed under the regulations.
3. Appointment of Registrar.— The State Government may appoint a person to be the Registrar of Societies for the State of West Bengal and such Additional, Joint, Deputy or Assistant Registrars as it thinks necessary to assist the Registrar and may by general or special order confer on such person or persons assisting the Registrar any of the powers and functions of the Registrar under this Act.
4. Societies to be formed by Memorandum of Association and registration.— (1) Any seven or more individuals associated for any of the objects mentioned in subsection (2), may subscribe their names to a Memorandum of Association and file it along with a copy of the regulations with the Registrar for registration of the association as a society under this Act.
(2) The objects referred to in subsection (1) may relate to the promotion of literature, arts, science or religion; any charitable purpose including the care or relief of orphans, or of aged, sick, helpless or indigent persons; the alleviation of the sufferings of animals; the diffusion of knowledge; the dissemination of social, political or economic education; the establishment and maintenance of libraries or readingrooms for the members or for the public; the collection and preservation of manuscripts, paintings sculptures, works of art, antiquities, natural history specimens, mechanical and scientific instruments and designs; any other object as may be notified by the State Government as being beneficial to the public or to a section of the public.