Societies registration Act
himanshu singh
(Querist) 01 September 2012
This query is : Resolved
Dear Sir, my friend formed a society in September 2007 in uttar pradesh for running a computer institute, but he closed the institute after some time but did not dissolve the society . He could not comply with any formality regarding holding meetings and filing any accounts with registrar of society till now. Now he wants to start the computer institute again with the same society. what will be the consequence of such default. how this default can be cured and what will be formalities for future. can he obtain the registration u/s12A for tax exemption?
Please help me in this regard.
Thanking You.
ajay sethi
(Expert) 01 September 2012
application has tpo be made for renewal of registartion . society formed in 2007 . hence registartion has to be renewed.
3-A Renewal of certificate of registration.- (1) Subject to the provisions of Sub-section (2), a certificate of registration issued under Section 3 shall remain in force for a period of five years from the date of issue.
Provided that a certificate issued before the commencement of the Societies Registration (Uttar Pradesh Amendment) Act, 1984 (hereinafter in this section referred to as the said Act), shall remain in force for a period of five years from the date of such commencement on payment of the difference of the fees specified under Sub-section (3) and the fees already paid.
(2) A society registered under Section 3, whether before or after the commencement of the said Act, shall on application made to the Registrar within one month of the expiration of the period referred to in Sub-section (1) and on payment of the fee specified in Sub-section (3), be entitled to have its certificate of registration renewed for five years at a time.
Provided that in the case of a society registered before the commencement of the said Act, the Registrar shall refuse to renew the certificate of registration if after giving it an opportunity of showing cause against such refusal he is satisfied that any of the ground mentioned in Sub-section (2) of Section 3 exist in respect thereof.
(3)There shall be paid to the Registrar with every application for renewal of the certificate of registration.
(a) a fee equal to the registration fee payable under Section 3 or rupees twenty five whichever is less if such application is filed within the period specified in Sub-section (2).
(b) an additional fee of five rupees, if such application is filed within one month of the date of expiration of the period specified in Sub-section (2); and
(c) an additional fee at the rate of two rupees per month or part thereof, if such application is filed beyond one month of the expiration of the period specified in Sub-section (2).
(4) Every application for renewal of the certificate shall be accompanied by a list of members of the managing body elected after the registration of the society or after renewal of certificate of registration and also the certificate sought to be renewed unless dispensed with by the Registrar on the ground of its loss or destruction or any other sufficient cause.
(5) A society which falls to get its certificate of registration renewed in accordance with this section within one year from the expiration of the period for which the certificate was operative shall become an unregistered society.
Provided that the Registrar may, for sufficient cause, allow an application for renewal more than one year after the expiration of the period for which the certificate was operative on payment of a fee of fifty rupees.
(6) Where a certificate of registration is renewed in accordance with Sub-section (2) or Sub-section (5) such renewal shall operate from the date of expiration of the period for which the certificate was operative.
ajay sethi
(Expert) 01 September 2012
Section 4 of the Societies Registration Act provides and obligate for filing annual list of managing body to be filled once in every year on or before the fourteenth day succeeding the day on which, according to the rules of the society, the annual general meeting of the society is held, and if the rules do not provide for an annual meeting, in the month of January, a list is to be filled with the Registrar, giving therein the names, addresses and occupations of the incumbents entrusted with the management of the affairs of the society. A proviso has been added to the Section provided that if the managing body is elected after the last submission of the list, counter signatures of the old office bearers do not countersign the list, the Registrar may, in his discretion, issue a public notice or notice to such persons as he thinks fit inviting objections within a specified period and shall decide all objections received within the said period.
Sub-section (2) of Section 4 clearly provides that together with list mentioned in Sub-section (1), there shall be sent to the Registrar a copy of the memorandum of association including any alteration, extension, or abridgement of purposes made under Section 12, and of the rules of the society corrected up to date and certified by not less than three of the members of the said governing body to be a correct copy and also a copy of of the balance sheet for the preceding year of account. Section 4A obligates that every changes made in rules of the society has to be informed within thirty days of the change.
