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Ashish (Audit Executive)     16 August 2008

Societies Registration Act 1860

As per Indian Societies Registration Act of 1860 a society can be formed with minimum 7 members to the MOA.

However, if the no. of members in the later years falls below 7....what are the consequences?

Please provide guidance in the above matter.


Learning

 4 Replies

D.V.RamaKrishna (Advocate)     17 August 2008

Ashish,


The principal Act does not provide for dissolution of socieities by Registrar. But where the MoA and Bye-laws of the society to do not contain any provision with regard to dissolution of society in case the number of members falls below seven, then the Registrar of Societies and/or the court may dissolve the society by cancelleing the certificate of registration.


The Registrar normally inquires or investigates into the activities of the society and cass upon the society to show cause why it should not be dissolved. The Registrar may move the court for making an order for dissolution of the society, if the cause shown by the society is not satisfactory.

Ashish (Audit Executive)     17 August 2008

Thanks for the quick respose. In short...it may lead to dissolution but are there any penalties etc also.

Y V Vishweshwar Rao (Advocate )     29 March 2009

The other memebers can admit  new members and comply the Rules and Act to have seven or more members .By  Death or otherwise,  any vacnacy in the membership of the Society,  can be filled up , it need not be dissolved .

TARPINDER SINGH (Director)     29 May 2013

Dear Sir/Madam

 

We are a registered charitable society under 1860 act having 7 members.  one of the members is abroad on study visa and is unable to attend the meetings of the society.  can we make an application for dissolving the society.  We are having internal dispute going on.  The secretary is using the society name in collaboration with other company without any resolution or consent of other members.  I am the president of the society.  I want that the society should be dissolved or secretary be served a notice for anti socities activities.  please do reply

 

thanks


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