3. Registration and fees.—Upon such memorandum and certified copy being filed, the Registrar shall certify under his hand that the society is registered under this Act. There shall be paid to the Registrar for every such registration a fee of fifty rupees, or such smaller fees as 1[the State Government] may, from time to time, direct; and all fees so paid shall be accounted for to 1[the State Government.] State Amendments Andhra Pradesh.—In section 3, for the words “the Registrar” wherever they occur, substitute the words “the Inspector-General”. [President’s Act 10 of 1954, sec. 3 (w.e.f. 1-10-1954).]
(Bihar) —In section 3, for the word “Registrar” wherever it occurs, substitute the words “Inspector-General of Registration.” [Vide Bihar Act 19 of 1956, sec. 3 (w.r.e.f. 21-12-1955).] Goa, Daman and Diu.—In section 3,—
(i) for the words “the Registrar shall certify”, substitute the words “the Inspector-General shall subject to the provisions of section 3A, certify”;
(ii) for the words “the Registrar for”, substitute the words “the Inspector-General for”. [Vide Goa Act 6 of 1979, sec. 3 (w.e.f. 16-8-1979).]
(Gujarat) —Same as that of Maharashtra. In section 3, for the words “the Registrar shall certify”, substitute the words, figure and letter “the Registrar shall, subject to the provisions of section 3A, certify”. [Vide Gujarat Act 17 of 1978, sec. 5 (w.e.f. 1-4-1978).] Himachal Pradesh.—In section 3, for the full stop at the end of section, substitute a colon and add thereafter the following proviso,— “Provided that the State Government may by notification in Official Gazette exempt any particular society or class of societies from the payment of registration fee.” [Vide H.P. Act 8 of 1965, sec. 2 (w.e.f. 26-11-1965); Act 23 of 1973, sec. 3 (w.e.f. 4-12-1973).]
(Maharashtra) —(i) In section 3, the following proviso shall be inserted, namely:— “Provided that no such fee shall be payable for the registration of a society formed with the object of running an educational institution in any area in which, the Central Provinces and Berar Vidya Mandir Act, 1939, is in force, if the objects are similar to the objects of a Vidya Mandir established under Part I of that Act.” [Vide Bombay Act 76 of 1958, sec. 3 (w.e.f. 7-10-1958).]
(ii) Vidarbha Region.—In its application to the Vidarbha region of the State of Maharashtra the amendment made in section 3 by C.P. and Berar Act III of 1940 shall cease to have effect and is repealed. [Vide Bombay Act 76 of 1958, sec. 2 (b) (w.e.f. 7-10-1958).]
(iii) In section 3, after the words “the Registrar shall”, insert the words “subject to the provisions of section 3A”. [Vide Maharashtra Act 11 of 1968, sec. 2 (w.e.f. 1-10-1968).]
(Orissa) — In section 3, for the word “Registrar”, substitute the words “Registrar of Societies.” [Vide Orissa Act 21 of 1958, sec. 3 (w.e.f. 1-1-1961).] Punjab: Haryana: Chandigarh.—In its application to the State of Punjab, in section 3 add the following proviso, namely:— “Provided that in the case of society which had prior to the 15th August, 1947 been registered by the Registrar, Joint-Stock Companies at Lahore, the State Government may grant exemption from payment of the whole or any part of the registration fee.” [Vide E.P. Act 32 of 1948, sec. 2 (w.e.f. 12-11-1948); Central Act 31 of 1966, sec. 89.] Tamil Nadu.—In its application to the State of Madras, the amendment made in section 3 is the same as that in Andhra Pradesh. [Vide T.N. Act 24 of 1954, sec. 2 (iii) (w.e.f. 1-9-1954).] Uttar Pradesh.— For section 3, substitute the following section, namely:— “3. (1) Upon such memorandum and certified copy being filed along with particulars of the address of the Society as office which shall be in registered address, by the Secretary of the Society on behalf of the persons subscribing to the memorandum, the Registrar shall certify under his hand that the society is registered under this Act. There shall be paid to the Registrar for every such registration a fee of one thousand or such smaller fee as the State Government may notify in respect of any class of societies: Provided that the Registrar may in his discretion, issue public notice or issue notice to such persons as he thinks fit inviting objections, if any, against the proposed registration and consider all objections that may be received by him before registering the Society.
(2) Notwithstanding anything in sub-section (1) the Registrar shall refuse to register a society, if after giving it an opportunity of showing cause against such refusal, he is satisfied that—
(a) the name of the society is identical with that of any other society previously registered under this Act;
(b) the name of the society sought to be registered uses any of the words namely ‘Union’, ‘State’, ‘Land Mortgage’, ‘Land Development’. ‘Co-operative, ‘Gandhi’, ‘Reserve Bank’ or any words expressing or implying the sanction, approval or patronage of the Central or any State Government or any word which suggests or is calculated to suggest any connection with any local authority or any corporation or body constituted by or under any law for the time being in force or is such as is otherwise likely to deceive the public or the members of any other society previously registered under this Act;
(c) any one or more of the objects of the society sought to be registered is not an object mentioned in sections 1 and 20; or
(d) its objects are contrary to any other law for the time being in force: Provided that the State Government may, by notification in the Official Gazette, increase from time to time the fee payable under this sub-section: Provided further that the Registrar may, in his discretion, issue public notice or issue notices to such persons as he thinks fit inviting objections, if any, against the proposed registration and consider all objections that may be received by him before registering the society.” [Vide U.P. Acts 52 of 1975, sec. 2; 13 of 1978, sec. 3; 26 of 1979, sec. 2; 23 of 1994 and 8 of 2000, sec. 2 (w.r.e.f. 25-11-1993).] Section 3A
(Assam) —After section 3 insert the following:— “3A. Name of Society.—(1) No society shall be registered under a name which is identical with, or too nearly resembles, the name of any other society or any body corporate which has been previously registered or incorporated under this Act or any other law for the time being in force, as the case may be. No society shall use in its nomenclature any of the words, namely:— ‘Union’, ‘State’, ‘Land Mortgage’, ‘Gandhi’, ‘Reserve Bank’ or any word expressing or implying the sanction, approval or patronage of Central or any State Government or any word which suggest or is calculated to suggest connection with any local authority or any corporation or body constituted by the Government under any law for the time being in force except when the State Government signifies its consent to the use of such words as part of the name of a society by order in writing.” [Vide Assam Act 13 of 1967, sec. 2 (w.e.f. 18-8-1967).] Section 3A Goa, Daman and Diu.—After section 3, insert the following section, namely:— “3A. Prohibition against registration of societies with undesirable names.—No society, shall be registered by a name which, in the opinion of the Inspector- General, is undesirable, being a name which is identical with, or which in the opinion of the Inspector-General so nearly resembles the name by which any other existing society has been previously registered as to be likely to deceive the public or members of either society, or which is being used without the previous permission of the Government concerned, and which suggests or is calculated to suggest the patronage of any Government or connection with any body constituted by any Government or local authority, or which may, subject to any rules made in this behalf, be deemed to be undesirable by the Inspector-General: Provided that no order shall be passed under section 3A unless the party against whom such order is proposed to be passed is heard on the matter.” [Vide Goa Act 6 of 1979, sec. 4 (w.e.f. 18-10-1979).] Section 3A
(Gujarat) —After section 3, insert following, namely:— “3A. Prohibition against registration of societies with undesirable names.—No Society shall be registered by a name which, in the opinion of the Registrar, is undesirable, being a name which is identical with, or which in the opinion of the Registrar, so nearly resembles the name by which any other existing society has been previously registered, as to be likely to deceive the public or members of either society, or which, without the previous permission of the Government concerned, suggests or is calculated to suggest the patronage of that Government or connection with any body constituted by that Government or any local authority, or which may, subject to any rules made in this behalf, be deemed to be undesirable by the Registrar.” [Vide Gujarat Act 17 of 1978, sec. 6 (w.e.f. 1-4-1978).] Section 3A
(Maharashtra) —After section 3 insert the following, namely:— “3A. Prohibition against registration of societies with undesirable names.—No Society shall be registered by a name which, in the opinion of the Registrar is undesirable, being a name which is identical with, or which in the opinion of the Registrar so nearly resembles the name by which any other existing society has been previously registered, as to be likely to deceive the public or member of either society, or which without the previous permission of the Government concerned, suggests or is calculated to suggest the patronage of that Government or connection with any body constituted by that Government or any local authority, or which may, subject of any rules made in that behalf, be deemed to be undesirable by the Registrar.” [Vide Maharashtra Act 11 of 1968, sec. 3 (1-10-1968).] Section 3A and 3B Uttar Pradesh.—After section 3, insert the following section, namely:— “3A. Renewal of certificate of registration.—(1) Subject to the provision of such section (2), a certificate of registration issued under section 3 shall remain in force for a period of two 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 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 grounds 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 two hundred, whichever is less, if such application is filed within the period specified in sub-section (2): Provided that the State Government may, by notification in the Official Gazette, increase from time to time the fee payable under this clause subject to the condition that the fee so increased shall not exceed the registration fee payable under section 3;
(b) an additional fee of forty rupees or such higher fee not exceeding one-fifth of the fee payable under clause (a) as may be notified by the State Government, 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 twenty rupees per month or part thereof, or such higher additional fee per month not exceeding half of the additional fee payable under clause (b) as may be notified by the State Government, 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 the 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 other sufficient cause.
(5) A society which fails to get its certificate of registration renewed in accordance with this section with 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 four hundred rupees or such higher fee not exceeding ten times of the additional fee payable under clause (b) of sub-section (3) as may be notified by the State Government from time to time.
(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.” [Vide U.P. Act 52 of 1975, sec. 3 (w.e.f. 10-10-1975); 13 of 1978, sec. 3 (w.r.e.f 27-2-1978); 11 of 1984, sec. 3 (w.e.f. 30-11-1984), 23 of 1994 and 8 of 2000) sec. 3 (w.r.e.f. 25-11-1999).] Section 3B After section 3A, insert the following, namely:— “3B. Reference to the State Government.—If any question arises whether any Society is entitled to get itself registered in accordance with section 3 or to get its certificate of registration renewed in accordance with section 3A the matter shall be referred to the State Government and the decision of the State Government there on shall be final.” [Vide U.P. Act 26 of 1979, sec. 3 (w.e.f. 16-7-1979).] COMMENTS A Society registered under the Act has been held to have the presumption of being a ‘person’ within the purview of section 236 of the Indian Succession Act, 1925; Ganga Sahai v. Bharat Bhan, AIR 1950 All 480. A Society whose primary object is religious cannot be registered under this Act; Md. Yunus v. The Inspector General of Registration, AIR 1980 Pat 138.
