Election procedure of societies reg under act 1860

Querist : Anonymous (Querist) 27 November 2021 This query is : Resolved
Dear Expert

Kindly help to know the election procedure of association registered ACT 1860.

Is this applicable all over INDIA.

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kavksatyanarayana (Expert) 27 November 2021
As the Act came into force in the year, 1860, some states made amendments to that act. The registration of bylaws of the society is optional. But when a society is formed with not less than 7 members, that society shall maintain Minute Register. The society shall have two bodies i.e. Executive Body or Governing body and General Body. The Office Bearers shall be elected by the General Body members with a majority of 2/3rds or 3/5th of the total general body present. Accordingly minutes shall be recorded and signed by the members present.

K Rajasekharan (Expert) 27 November 2021
The 1860 law will be applicable to all places in India where no other local society registration law is in force.

The procedure of election of a society would be there only in the bye law of the registered society.

The 1860 law does not speak about such matters in detail and with specifics. The law includes only the things which are required for registration of the Memorandum of association and the bye laws of the society.

kavksatyanarayana (Expert) 28 November 2021
The A.P. amended the society registration act, 1860, as Amendment Act of 35 of 2001. Like that some states amended the original act of 1860. consult in your state.

Sudhir Kumar, Advocate (Expert) 29 November 2021
come with specific problem.

kindly do not expect reply in essay paper.

P. Venu (Expert) 29 November 2021
Yes, what is the context for this query?

Querist : Anonymous (Querist) 29 November 2021
Dear Experts Our is Ex servicemen welfare Association situated in MIra- Bhayander (Thane) Maharashtra registered under the this ACT 1860. First management Committee was elected for 3 years, Now its going to be 5th years No election for new Committee. Whats should be the action in this situation as President is not allow General secretary to operate and he is not calling nay GBM or SGBM for election. If nay member ask him question he gives his health reasons and threat if anything happen to him such n such persons will be responsible.

Please advice

Sudhir Kumar, Advocate (Expert) 29 November 2021
send complaint to registrar and request for non-recognition of existing body and conduct election.

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