Amendment in societies registration act, 1860
Yavanika Singh
(Querist) 28 April 2012
This query is : Resolved
Dear Learned Members,
Kindly advise me on my query, i.e. A Socities is registered under the Socities Registration Act, 1860 in Uttar Pradesh, Can It starts its Educational Institution in The State of Maharastra?
If no, kindly advise how can it operate its Educational Institution in State other than Uttar Pradesh.
And What is the procedure for amending the Bylaws of the Society?
Thanks in anticipation.
Regards
CS Yavanika Sing
Suhail A.Siddiqui
(Expert) 28 April 2012
There is two ways to start educational Institution: one is o develop your society with national character second: you may get registration in those state, where you wants your appearance.
PARDEEP KUMAR
(Expert) 29 April 2012
Dear Yavanika,
To address your queries, one need to go through the contents of your existing Memorandum of Association, bye-laws. As you have said that the Society is registered under the Societies Registration Act,1860, it means that the same was constituted for literary, scientific or charitable purposes, for the promotion of science,literature, or the fine arts, for instruction, the diffusion of useful knowledge, 15[15][the diffusion of political education], the foundation or maintenance of libraries or reading rooms for general use among the members or open to the public, or public museums and galleries of painting and other works of art, collections of natural history, mechanical and philosophical instruments, inventions, instruments or designs.
Now coming to your questions,go through the memorandum of association, bye laws of your society, as now you have purposes, for which societies could be registered under the said act, if something is found missing in your M.O.A. you may note, that Societies constituted under the said act is enabled to alter, extend or abridge their purposes, for which it requires, 3/5 of members vote either in person or proxy, for which proposal had to be given to them at least10 days before the special meeting to be held for the purpose, and thereafter confirmation by 3/5 of members in 2nd meeting to be held one month post earlier meeting.
I had addressed your 2nd query first.
Now, as regard, your first query,if your existing bye laws already meets the requirement, its fine, if not, go ahead alter your bye laws to bring it to conformity with your objective. Then go ahead opening institutions in other states, for which formation of new society is not at all required. However, you need to check other statutory, other requirements for opening such institutes as per requirements of that state concerned. viz. permission, recognition from Education, other department of the state concerned, for that you also need to file your said memorandum of association, bye laws.
Hope, your queries stood addressed now. Also discuss the issue with a advocate, practicing in that field.
M V Gupta
(Expert) 02 May 2012
If your Society is registered with all India jurisdiction you can open educational institution in Maharashtra. If it is not having all India jurisdiction you will have to first amend your MOA and Articles suitably and take necessary steps to open the institutions in Maharashtra after complying with the requirements in the state for opening such institutions.
Yavanika Singh
(Querist) 03 May 2012
Dear Experts,
Thanks for your advice.
Sir can you please resolve one more query regarding this:-
If Society Wants to carry on work all over the India by amending its Bylaws then also it is required that it must have members of 7 different states?
Kindly advise Experts.
Thanks
Regards,
CS Yavanika Singh
M V Gupta
(Expert) 12 May 2012
Sorry. I have seen ur further query only to day i.e., 12/5/2012. There is no legal requirement that the Society should have members from other states. But in due coursew better to have members from the state concerned so that your Society will be truly an All India body and theManagement will have the advantage of having local feed back in running the Schools there.
