4. Annual list of managing body to be filed.—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, or, if the rules do not provide for an annual general meeting, in the month of January, a list shall be filed with the Registrar of Joint-Stock Companies, of the names, addresses and occupations of the governors, council, directors, committee, or other governing body then entrusted with the management of the affairs of the society. State Amendments Andhra Pradesh.—In section 4, for the words “the Registrar of Joint-Stock Companies”, substitute the words “the Inspector-General of Registration.” [Vide President’s Act 10 of 1954, sec. 3 (w.e.f. 1-10-1954).] Assam: Manipur: Tripura.—In its application to the State of Assam, in section 4, for the words “Registrar of Joint-Stock Companies”, substitute “Registrar of Societies”. [Vide Assam Act 7 of 1957, sec. 2(ii) (w.e.f. 17-7-1957) and G.S.Rs. 85 and 86 of 1960, published in the Gazette of India, 1960, Pt. II, Sec. 3
(i) , pp. 145, 146.]
(Bihar) —In section 4, for the words “Registrar of Joint-Stock Companies”, 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 4, for the words “the Registrar of Joint-Stock Companies”, substitute the words “the Inspector-General”. [Vide Goa Act 6 of 1979, sec. 5 (w.e.f. 18-10-1979).]
(Gujarat) —Same as that of Maharashtra. Himachal Pradesh.—Same as that of Punjab. [Vide H.P. Act 23 of 1973, sec. 4 (w.e.f. 4-12-1973).]
(Maharashtra) —In its application to the whole of the State of Bombay, in section 4, omit the words “of Joint-Stock Companies.” [Vide Bombay Act 11 of 1956, sec. 3 (w.e.f. 1-7-1956) and Act 76 of 1958, sec. 2 (w.e.f. 7-10-1958).]
(Orissa) —In section 4, for the words “Registrar of Joint-Stock Companies”, substitute the words “Registrar of Societies”. [Vide Orissa Act 21 of 1958, sec. 3 (w.e.f. 1-1-1961).] Punjab: Haryana: Chandigarh: Delhi: Himachal Pradesh.—In its application to the State of Punjab, in section 4.—
(i) Add the following words, namely:— “If a society makes default in complying with the requirements of this section, it shall be liable to a fine not exceeding fifty rupees.” [Vide E.P. Act 6 of 1949, sec. 2 (w.e.f. 8-2-1949); Central Act 31 of 1966, sec. 89.]
(ii) Omit the words “of Joint-Stock Companies”. [Vide Punjab Act 31 of 1957, sec. 3; Chandigarh Act 31 of 1966 and G.S.Rs. 83 and 84 of 1960, published in the Gazette of India, 1960, Pt. II, Sec. 3(i), pp. 144, 145.] Tamil Nadu.—Section 4 is the same as that of Andhra Pradesh. [Vide T.N. Act 24 of 1954, sec. 2(iv) (w.e.f. 1-9-1954).] Uttar Pradesh.—In section 4, for the words “Registrar of Joint-Stock Companies”, substitute the word “Registrar”. [Vide U.P. Act 25 of 1958, sec. 2 (w.e.f. 25-8-1958).]
(i) Renumber section 4 as sub-section (1) thereof, and after sub-section (1) as renumbered insert the following sub-section namely:— “(2) 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 the balance-sheet for the proceeding year of account.” [Vide U.P. Act 52 of 1975, sec. 4 (w.e.f. 10-10-1975).]
(ii) in sub-section (1) insert the following proviso: Provided that if the managing body is elected after the last submission of the list, the counter signature of the old members, shall as far as possible, be obtained on the list. If the old office bearers do not counter sign the list, the Registrar may is his discretion, issue a public notice to such persons as he thinks fit inviting objections within a specified period and shall decide all objections received within the said period. [Vide U.P. Act 11 of 1984, sec. 4 (w.e.f. 30-4-1984).] Sections 4A and 4B
(Assam) —(i) In its application to the State of Assam, after section 4 insert the following new section, namely:— “4A. Changes in managing body and rules to be filed.—(1) Together with the list mentioned in section 4, there shall be sent to the Registrar of Societies a statement showing changes during the year to which the list relates in the personnel of the governors, council, directors, committee or other governing body to whom the management of the affairs of the Society is entrusted and also a copy of the rules of the society corrected up-to-date and certified to be a correct copy by not less than three of the members of the governing body.
(2) A copy of ever alteration made in the rules of the society, certified to be a correct copy by not less than three members of the governing body, shall be sent to the Registrar of Societies within fifteen days of the making of such alteration.” [Vide Assam Act 11 of 1952, sec. 2 (w.e.f. 15-10-1952); Act 7 of 1957, sec. 2 (ii) (w.e.f. 17-7-1957).]
(ii) After section 4A insert the following:— “4B. Balance-sheet and auditor’s report to be forwarded to Registrar.—(1) Within thirty days after the holding of every annual general meeting there shall be filed with the Registrar of Societies a copy each of the balance-sheet and auditor’s report certified by the auditor under sub-section (2) of section 5A.
(2) If the President, Secretary or any other person authorised in this behalf by a resolution of the governing body of the society fails to comply with the provisions of sub-section (1) he shall be punishable with fine which may extend to five hundred rupees. [Vide Assam Act 13 of 1967, sec. 3 (w.e.f. 18-8-1967).] Section 4A
(Bihar) —Section 4A, inserted after section 4, is the same as that of Assam, subject to the following modifications, namely:—
(a) for the words “Registrar of Societies” wherever they occur, substitute the words “Inspector-General of Registration”;
(b) for the words “showing changes” substitute the words “showing all changes”;
(c) in sub-section (2), for the words “than three members”, substitute the words “than three of the members” and for “alteration” occurring at the end substitute the word “alteration”. [Vide Bihar Act 4 of 1951, sec. 2 (w.e.f. 7-3-1951); Act 19 of 1956, sec. 5 (w.r.e.f. 21-12-1955).] Section 4A Goa, Daman and Diu.—After section 4, insert the following section, namely:— “4A. Power of Inspector-General to call for Information or returns from governing body of society and provisions relating thereto.—(1) The Inspector- General may serve or cause to be served, on the governing body entrusted with the management of the affairs of any society registered under this Act a notice requiring it to furnish in such manner as may be prescribed, information or returns relating to person employed by the society, their conditions of employment (including their emoluments, any contributions, concessions or other benefits and amenities provided for employees) and such other matters relating thereto, as may be prescribed.
(2) The form in which such information or returns shall be furnished, the particulars which they shall contain and the intervals (if any) in which such information or returns shall be furnished, shall be such as may be prescribed.
(3) The notice referred to in sub-section (1) may be served by post.
(4) No information or returns collected for the purposes of this section, shall without the previous consent in writing of the society in relation to which the information or returns was given or made be published in such manner as would enable any particulars to be identified as referring to a particular society.
(5) Except for the purposes of a prosecution under section 11A or under the Indian Penal Code (Central Act 45 of 1860), no person other than the Inspector-General or any person duly specified by him in this behalf, shall be permitted to see any information or returns furnished as aforesaid.
(6) No suit or other legal proceeding shall lie against the Inspector-General or any person acting under the authority of the Inspector-General in respect of anything in good faith done or intended to be done in pursuance of this section.” [Vide Goa Act 6 of 1979, sec. 6 (w.e.f. 18-10-1979).] Sections 4A and 4B
(Gujarat) —After section 4, insert the following namely:— “4A. Changes in Managing body and rules to be filed.—(1) Together with the list mentioned in section 4, there shall be sent to the Registrar a statement showing changes during the year to which the list relates in the personnel, of Governors, Councils, Directors, Committee or other governing body to whom the management of the affairs of the society is entrusted and also a copy of the rules of the society correct up-to-date and certified to be correct copy by not less than three of the member of the governing body.
(2) A copy of every alteration made in rules of the society certified to be a correct copy by not less than three members of the governing body shall be sent to the Registrar within thirty days of the making of such alteration. [Vide Gujarat Act 14 of 1965, sec. 2 (w.e.f. 1-5-1966).]
Complete: The Societies Registration Act, 1860
