1. Societies formed by memorandum of association and registration.—Any seven or more persons associated for any literary, scientific, or charitable purpose, or for any such purpose as is described in section 20 of this Act, may, by subscribing their names to a memorandum of association, and filing the same with the Registrar of Joint-stock Companies 1[***] form themselves into a society under this Act. State Amendments Andhra Pradesh.—In section 1,—
(i) for the words “the Registrar of Joint-Stock Companies” substitute “the Inspector-General of Registration (hereinafter referred to as the Inspector-General)”;
(ii) add the following Explanation namely:— “Explanation.—‘Inspector-General of Registration’ means the Inspector-General of Registration appointed by the State Government under section 3 of the Indian Registration Act, 1908 (XVI of 1908) and includes any officer subordinate to the Inspector-General, not below the rank of District Registrar, or sub-registrar holding the charge of the officer of the District Registrar to whom the State Government may delegate the functions of the Inspector-General under this Act.” [Vide President’s Act 10 of 1954, sec. 2 (w.e.f. 1-10-1954), as re-enacted by A.P. Act 6 of 1956, sec. 4 and Sch. III (w.r.e.f. 1-10-1954).] Assam: Manipur: Tripura.—(i) In its application to the State of Assam in section I, for the words “Registrar of Joint-Stock Companies”, substitute “Registrar of Societies appointed by the State Government.”
(ii) Said Act has been extended to Manipur and Tripura with necessary modifications in the title and section 2. [Vide Assam Act 7 of 1957, sec. 2 (w.e.f. 17-7-1957); G.S.Rs. 85 and 86, published in the Gazette of India, 1960, Pt. II, Sec. 3 (i).]
(Bihar) —In section 1, for the words “Registrar of Joint-Stock Companies”, substitute the words “Inspector-General of Registration”. [Vide Bihar Act 19 of 1956, sec. 2 (w.r.e.f. 21-12-1955).]
(Gujarat) —Same as for that of Maharashtra. Himachal Pradesh.—Same as that of Punjab. [Vide H.P. Act 23 of 1973, sec. 2 (w.e.f. 4-12-1973).]
(Maharashtra) —In its application to the whole of the State of Bombay, in section 1, omit the words “of Joint-Stock Companies”. [Vide Bombay Acts 11 of 1956, sec. 3 (w.e.f. 1-7-1956) and 76 of 1958, sec. 2 (w.e.f. 7-10-1958).]
(Orissa) —(a) After the Preamble and before the existing section 1, insert the following new section, namely:— “1. Application of Registrar of Societies.—†[(1)] The State Government may, by notification, appoint a person to be called the Registrar of Societies and he shall exercise such powers and perform such duties and functions as are conferred by or under the provisions of this Act, and shall subject to such general or special order as the State Government may from time to time make, superintend the administration and carry out the provisions of this Act throughout the State of Orissa.” [Vide Orissa Act 21 of 1958, sec. 2 (w.e.f. 1-1-1961).] [† Existing section 1 renumbered as sub-section (1) thereof and after the section so renumbered sub-sections (2) and (3) inserted by the Orissa Act 9 of 1979, sec. 2 (w.e.f. 3-4-1979).] “(2) The State Government may by notification, appoint one or more Additional Registrars with such local jurisdiction as may be assigned to them by the State Government.
(3) The Additional Registrars so appointed shall, subject to the control of the Registrar of Societies, exercise such of the powers and perform such of the function of the Registrar of Societies as the State Government may authorise in that behalf.”
(b) Original section 1 renumbered as section 1A and in this section as so renumbered for the words “Registrar of Joint-Stock Companies” substitute the words “Registrar of Societies”. [Vide Orissa Act 21 of 1958, secs. 2 and 3 (w.e.f. 1-1-1961).]
(Pondicherry) —In section 1, for the words “Registrar of Joint-Stock Companies”, substitute the words, “Registrar of Companies”. [Vide Pondicherry Act 9 of 1969, sec. 3 (w.e.f. 1-1-1971).] Punjab: Haryana: Chandigarh: Delhi.—(i) In its application to the State of Punjab as it existed immediately before the 1st November, 1956, in section 1, for the words “of Joint-Stock Companies”, substitute the words “to be appointed by the State Government by notification in the Official Gazette, for carrying out the purposes of this Act.” [Vide Punjab Act 31 of 1957, sec. 2: Central Act 31 of 1966, sec. 89.]
(ii) The Punjab Act has been applied to the Union territories of Delhi and Himachal Pradesh (now a State) by G.S.Rs. 83 and 84, dated 16th January, 1960, with the modifications to suit their status. [Vide Gazette of India, 1960, Pt. II, Sec. 3 (i), pp. 144, 145.] Tamil Nadu.—In section 1,—
(a) for the words “the Registrar of Joint-Stock Companies”, substitute the words and brackets “the Inspector-General of Registration (hereinafter in this Act referred to as the Inspector-General)”;
(b) add the following Explanation, namely.— “Explanation.—‘Inspector-General of Registration’ means the Inspector-General of Registration appointed by the State Government under section 3 of the Indian Registration Act, 1908 (Central Act XVI of 1908), or any of the district authorities subordinate to the Inspector-General of Registration not below the rank of the District Registrar to whom powers may be delegated in respect of this Act.” [Vide T.N. Act 24 of 1954, sec. 2 (w.e.f. 1-9-1954).] Uttar Pradesh.—In section 1, 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).] Section 1A Goa, Daman and Diu.—Renumber the existing section 1 as section 1A and:
(i) before section 1A as so renumbered, insert the following section, namely:— “I. Definitions.—In this Act, unless the context otherwise requires,—
(a) “Inspector-General” means the Inspector-General of Registration appointed under section 3 of the Indian Registration Act, 1908 (Central Act 16 of 1908) and includes any of the District Authorities subordinate to the Inspector-General of Registration not below the rank of a District Registrar to whom powers may be delegated in respect of this Act;
(b) “notification” means notification published in the Official Gazette;
(c) “prescribed” means prescribed by rules made under this Act;
(d) “Registration of Societies Order” means the Registration of Societies Order, issued by the Lieutenant Governor of Goa Daman and Diu under clause 2 of the Goa, Daman and Diu (Administration Removal of Difficulties) Order, 1962.”
(ii) in section 1A as so renumbered, for the words “the Registrar of Joint-Stock Companies”, substitute the words “the Inspector-General”. [Vide Goa Act 6 of 1979, sec. 2 (w.e.f. 18-10-1979).]
(Pondicherry) —In section 1 for the words “Registrar of Joint-Stock Companies” substitute the words, “Registrar of Companies”. [Vide Pondichery Act 9 of 1969, sec. 3 (w.e.f. 1-1-1971).] Section 1A and IB
(Gujarat) —The amendments made are the same as those of Maharashtra except that in sub-section (1) of section 1B, for the words “throughout the State of Maharashtra”, substitute the words “throughout the State of Gujarat”. [Vide Gujarat A.L.O. 1961 (w.r.e.f. 1-5-1960).] Section 1A
(Maharashtra) —After section 1, insert the following section, namely:— “1A. Interpretation.—In this Act, unless there is anything repugnant to the subject or context, the expression ‘Registrar’ means the Registrar of Societies appointed under section 1B and includes other officers appointed under the said section to exercise the powers and to perform the duties and functions of the Registrar of Societies.
Complete: The Societies Registration Act, 1860
