17. Registration of societies formed before Act.—Any company or society established for a literary, scientific or charitable purpose, and registered under Act 43 of 1850*, or any such society established and constituted previously to the passing of this Act but not registered under the said Act 43 of 1850*, may at any time hereafter be registered as a society under this Act; Assent required.—Subject to the proviso that no such company or society shall be registered under this Act unless an assent to its being so registered has been given by three-fifths of the members present personally, or by proxy, at some general meeting convened for that purpose by the governing body. In the case of a company or society registered under Act 43 of 1850*, the directors shall be deemed to be such governing body. In the case of a society not so registered, if no such body shall have been constituted on the establishment of the society, it shall be competent for the members thereof, upon due notice, to create for itself a governing body to act for the society thenceforth. State Amendments
(Bihar) —For section 17, substitute the following, namely:— “17. Registration of society formed under other Acts.—Any company or society established for a literary, scientific or charitable purpose and registered under the Indian Companies Act 1913 (VII of 1913), or under the Companies Act, 1956 (1 of 1956) and not registered under this Act may, at any time hereafter be registered as a society under this Act: Provided that no such company or society shall be registered under this Act unless an assent to its being so registered has been given by three-fifths of the members present there personally or by proxy, at some general meeting convened for the purpose by governing body. In case of a company or society registered under the Indian Companies Act, 1913 (VII of 1913), or the Companies Act, 1956 (1 of 1956), the directors of the said company or society, as the case may be, shall be deemed to be such governing body. In the case of a society not so registered, if no such body shall have been constituted on the establishment of the society, it shall be competent for the members thereof, upon due notice, to create for itself a governing body to act for the society thenceforth.” [Vide Bihar Act 2 of 1960, sec. 5 (w.e.f. 8-2-1960).] Goa, Daman and Diu.—In section 17—