A.P.Societies Registration Act 2001 Introduction: Societies Registration Act 1860: An apartment owners association in any state may be registered under – the Societies Registration Act 1860. Societies Registration Act is a Central Act. Societies Registration Act was passed in 1860, though the Act is still in force, it has been specifically repealed in many States and those States have their own Acts. ======-====== A.P.Societies Registration Act 2001 extends to the whole of the state of Andhra Pradesh. Any seven or more persons forming a society which has for its object the promotion of art, fine art, charity,crafts, religion, sports (excluding games of chance), literature, culture, science , political education,philosophy or diffusion of any knowledge or any public purpose may be registered under this Act. Any apartment owners association in Hyderabad or societies situated in Andhra Pradesh can be registered under this Act. The Andhra Pradesh Societies Registration Act - 2001. Received the assent of the Governor on the 9th October, 2001 and the said assent is hereby first published on the 10th October, 2001 in the Andhra Pradesh Gazette, Part IV-B (Ext). 1. This Act may be called the Andhra Pradesh Societies Registration Act, 2001. 2. It extends to the whole of the State of Andhra Pradesh. 3. It shall come into force on such date as the Government may, by notification, in the Andhra Pradesh Gazette, appoint. According to Section-5 : Contents of bye-laws of society: - The bye-laws of a society shall contain provisions in respect of following matters: i. identity of the society which includes name and address particulars of the society; ii. activities of the society; iii. membership of the society ie., eligibility, admission, withdrawal and termination etc., iv. General body which contains the manner of meetings to be held or convened, quarum, functions and responsibilities etc., v. office bearers and their appointment/election/removal/recall and their responsibilities etc., vi. finances which includes types of funds to be raised, appointment of auditors, liability of members for discharge of debts etc., and vii. other matters which cover the internal matters of settelment of internal disputes, dissolution of the society etc. According to Section-6 : Societies not to be registered with undesirable names: - 1. No society shall be registered by a name which contravenes the provisions of the Emblems and Names (Prevention of the Improper use) Act, 1950 (Central Act 12 of 1950). 2. a. No society shall be registered in a District by a name, which is identical with that of another registered society in existence in the same District or so nearly resembling it so as to mislead except where the registered society in existence is in the course of being dissolved and signifies in writing its consent to such registration. b. Except with the previous sanction in writing of the Government, no society shall be registered by a name which contains any of the following words, namely: - 3. A society may, by a special resolution change it's name, with a previous intimation to the Registrar in writing. 4. The Change of name shall not affect any right or obligation of the society or any member thereof or render defective any action or other legal proceedings by or against it and any of the members, and any action or other legal proceedings which might have been continued or commenced by or against the society by its former name may be continued or commenced by or against the society by its new name. According to Section-7 : Registration of Societies: - 1. Where a society has complied with the provisions of the Act as to registration and on payment of such fees as may be notified under Section 29, the Registrar shall issue to that society a certificate of registration and such certificate shall be conclusive evidence that the society therein mentioned is duly registered. 2. The Registrar shall, after the issue of a certificate of registration to a society enter in a register which may include a register maintained through an electronic device like computer, the particulars specified in the memorandum, of that society filed and such other particulars as may be notified. 3. If the Registrar refuses to register a society, an appeal shall lie to the Registrar General within sixty days from the date of communication of the order of the Registrar refusing to register the society. Even such appeal shall be accompanied by a fee as may be notified by the Government from time to time. 4. If an application for registration of a society is presented before the Registrar complying with all the provisions of this Act is not disposed of within sixty days the society is deemed to have been registered and the Registrar shall issue a certificate to that effect. According to Section-8 : Amendment of memorandum and Bye-laws: - 1. By a "Special Resolution" a society may alter the provisions of the memorandum with respect to:- a. change of objectives of the society; b. to amalgate itself with any other society; or c. to divide itself into two or more societies, 2. Subject to provisions of this Act, and the conditions contained in its memorandum, a society may, by an order resollution passed by not less than 1/2 (half) of the members present and voting alter its bye-laws. 3. Any alteration of the memorandum of the society shall not be valid unless such alteration is registered under this Act. 4. If any alteration of the memorandum is filed with the Registrar and if they are not contrary to the provisions of this Act, he shall register the same and shall certify the registration of such alteration under his hand and seal within thirty days from the date of receipt of the resolution. The certificate shall be conclusive evidence that all the requirements of this Act with respect to the alteration and the certification thereof have been complied with and henceforth the memorandum as so altered shall be the memorandum of the society. 5. Every alteration in the bye-laws of the society should be sent to the Registrar and he shall take it on record if it is not contrary to the provisions of this Act. 9. According to Section-9 : Filing of annual list: - Every year the society shall, within fifteen days from the date on which the General Body meeting was held, furnish a list to the Registrar of Societies which shall contain the names and addresses of the member of the Managing Committee and Officers entrusted with the management of the affairs of the Society. CHAPTER III :: Management and Administration According to Section-10 : Registered Office of Society: - 1. A society shall, as from the day on which it begins functioning or as from the twenty-eighth day after the date of its registration whichever is earlier have a registered office at any place in the district in which it is registered and to which all communications and notices may be addressed. Notice of the location of the registered office and of every change therein shall be given within twenty-eight days after the date of its registration or after the date of the change, as the case may be, to the Registrar, who shall record the same in the certificate of registration. 2. Any change of its registered office to a place outside the district in which it is registered, shall be intimated to the Registrars of both the Districts. 3. Every society shall display its name outside its office premises in a conspicuous position in legible characters of the language in general use in that place. 4. Every society shall have its name engraved in legible characters on its seal. 11. According to Section-11 : Register of Members: - Every society shall keep a register of members and enter therein the following particulars, namely: - a. the name and address and the occupation, if any, of each member; b. the date on which the name of each person was entered in the register as member; c. the date on which any person ceased to be a member; and d. the specimen signatures of the members. According to Section-12 : Accounts and Records: - Every society shall keep at its office, the following accounts, records, and documents; namely: - a. a copy of this Act with up-to-date amendments incorporated; b. a copy of it's registered memorandum along with up-to-date bye-laws with amendments made from time to time; c. the minutes book; d. accounts of all sums of money received and expended by the society and their respective purposes; e. accounts of all purchases and sales of goods by the society; f. accounts of all assets and liabilities of the society; g. an up-to-date register and a list of all members with voting rights for the current year prepared within thirty days of the closure of the society's financial year; h. copies of the audit reports, and if any, and compliance reports thereon; and i. all such other accounts, records and documents as may be required by this Act. According to Section-13 : Inspection of Register of Members of a Society: - The Register of members shall be kept open during the business hours subject to such reasonable restrictions as the bye-laws of the society may specify. According to Section-14 : Committee of the Society: - 1. Every society shall elect a Committe, consisting of not less than three members of the society, by a resolution passed by a majority of the members present and entitled to vote at an annual general body meeting of the society held under Section 20. 2. The terms of the Committee or of its members so elected shall be a period as may be specified in the bye-laws; Provided that a member who has completed a term as an elected member is eligible for re-election as a member of Committee, if the bye-laws so permit. 3. Every society shall maintain a register showing the names, adresses and occupation of the persons, who are members of the Committee and shall file with the Registerar: - i. a copy of the register within a period of fourteen days from the date of election of the members of the first Committee; and ii. a notice of every change in the members of the Committee within a period of fourteen days from the date of such change. According to Section-15 : Disqualification of members of the Committee: - A person shall be disqualified for appointment as a member of the Committee of a society under this Act if, on the date of such appointment, he is,- a. not a major; b. of unsound mind and stands so declared by a competent Court; c. an applicant to be adjudicated as an insolvent or is an undischarged insolvent; d. convicted of an offence involving moran turpitude or sentenced by a criminal court to a fine of not less than rupees one thousand or to imprisonment for a period of not less than six months; and e. disqualified for such appointment by an order of a Court. According to Section-16 : Supply of copies of Bye-laws: - Every Society shall, deliver a copy of its Bye-laws, to each member of the society at the time of admission. According to Section-17 : Supply of copies of balance sheet etc.:-Every society shall supply to every member a copy of the balance sheet or a statement of accounts together with the auditor's report at its annual general body meeting, if not supplied in advance. According to Section-18 : Society to be a body corporate:-The registration of society shall render it a body corporate by the name under which it is registered having perpetual succession and a common seal. The society shall entitled to acquire, hold and dispose of property, to enter into contracts, to institute and defend suits and other legal proceedings and to do all other things necessary for the furtherance of the aim for which it was constituted. According to Section-19 : Legal Proceedings:- 1. The Committee or any officer of the society authorised in this behalf by its bye-laws, may bring or defend any action or other legal proceeding touching or concerning any property or any right or claim of the society and may sue and to be sued in its name. 2. Any action or legal proceeding shall not abate or be discontinued by the death; resignation or removal from office of any member of the society after the commencement of the proceeding. According to Section-20 : Meetings:- 1. The bye-laws of the society shall specify the frequency and the manner in which the meetings of the Committee and General Body shall be held, so however that the Committee shall meet atleast once in every three months and the General Body shall meet atleast once in a year. 2. The Committee shall convene a General Body meeting within thrity days of receipt of a requisition for convening a meeting signed by atleast one third of the members of the society or as provided in the bye-laws and any such requisition shall contain the proposed agenda and the reasons for such meeting. 3. Every society shall record in the minutes book, the minutes of all proceedings of every General Body meeting and also every meeting of its Committee. 4. Such minutes shall be communicated to all the members invited for the meeting within thirty days of the conclusion of the meeting. 5. The minutes so recorded shall be signed by the person who chaired the said meeting. Tit-bit:’ May’ is National Electrical Safety Month