Application for the issue of certificate of Registeration Under Section 10 of the TamilNadu. Societies Registration Act, (Tamil Nadu Act 27 of ). F ORM. The Tamil Nadu Societies Registration Act, (Tamil Nadu Act 27 of ). ( For Statement of objects and Reasons, see Part VI-Section 3 of. The Tamil Nadu Societies Registration Act - Download as PDF File .pdf), Text File .txt) or read online.
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Societies Registfation. [I T.N. Act THE TAMIL NADU SOCIETIES REGISTRATION. ACT, I. ARRANGEMENT OF SECTIONS. SECTIONS. LinkedIn · Pinterest · Tumblr · Whatsapp · Download PDF PDF Download · Tamil Nadu Societies Registration Act, by latest laws team on Scribd. under Tamil Nadu Society Registration Act, •. A Society which consists of not less than 20 members or whose annual gross income or expenditure in any.
Constitution and Registration 3. Time-limit for registration of societies : The period within which every society of the description specified in sub-section 1 of Section 4 shall be registered. It shall be three months from the date of formation of such society or the date on which society fulfilled the conditions laid down in the said sub-section. Time-limit for registration of existing societies : The period within which every society of the description specified in sub-section 2 of Section 4 shall be registered. It shall be two months from the date of the commencement of the act. The date on which such society fulfilled the conditions laid down in the said sub-section.
According to the Tamil Nadu Societies Registration Act, any society formed for the promotion of art, craft, charity, literature, culture or any other public purpose may be registered under the act. The society must not have any corporate association or any individuals associated with the same.
The society must not constitute of less than twenty members with an annual gross income or expenditure in the previous financial year of not less than ten thousand rupees.
Memorandum and Bye-laws: The memorandum of understanding must include the name of the society, its aims and objectives along with the name, complete postal address and occupation of the members of the committee.
Contents of Bye-Laws: The bye-laws for successful registration of a society under the Tamil Nadu Societies Registration Act, must include the identity of the society including its name and other details along with activities intended. The bye-laws must have a clear listing of membership details of the society including eligibility, admission and withdrawal of membership. The general body details of the society must be mentioned in the bye-laws.
Financial details along with funds to be raised and appointment of auditors and liability of members need to be listed in the society bye-laws. All internal matters of settlement and dissolution also need to be listed in the society bye-laws. Society Management and Administration: The society must have an operational office in the district of its registration.
The society must have a name plate outside the premises in a language that is legible to all concerned. The society also needs to maintain a register with details of each member. The details must include the name, address, occupation along with the date of membership and specimen signatures of the concerned member.
Every society needs to keep its accounts and records in place along with the copy of its registered memorandum and its bye-laws. The financial accounts of all assets and liabilities and copy of audit reports must be available in the society head office at all times. The frequency of society meetings must be clearly defined in the bye-laws and society meetings must be held as scheduled.
Tamil Nadu Societies Registration Act, clearly defines the rules and regulations for incorporation of any society in the state of Tamil Nadu. The Act gives clear guidelines about the type of society that can be registered and its functionality and objectives. The Tamil Nadu Societies Registration Act, also gives guidelines for day to day functionality including financial transparency, society management and overall administration of the same.
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Removed from Shortlist Undo. View All Shortlist. Os, save and except by contending that those Government Orders were mechanically passed in contravention of the order passed earlier by the Division Bench. The petitioner himself became a member of the Society in the year Most of the events referred to in these G.
Os had occurred even before the petitioner had become a member of the Society.
We do not find any justification for the petitioner to rake-up those issues. Moreover, the petitioner has not at all pointed out as to how his interest as a member of the Society is adversely affected by such exemption granted by the Government.
Whether there was any infraction of the Rules and whether any action has been taken or not is a matter between the Government and the Society and if the Government in its wisdom thought it fit to pass an exemption order, there is hardly any scope for interference by the High Court in such matters, particularly at the instance of a person who was not even a member of the Society at the time when most of the alleged infractions took place.
We therefore find no, merit in W. To be fair enough to the learned Senior Counsel for the petitioner, learned counsel has concentrated his attack on G.
O, namely G. Os, the society is trying to resuscitate the bye-law which had never been accepted in accordance with law. The other plank of his attack is to the effect that under the amendment of bye-laws in , the Society had purported to amend the memorandum of association by substituting new names as founding members of the Society.
He has submitted that when the Society was registered in , names of the founding members had been indicated in the memorandum of association and while amending, the Society has purported to even change the names of the founding members. It is submitted by him that no such amendment to the memorandum of association can ever be contemplated in law as the founding members continue as founding members for ever and if at all such names are replaced it must be taken there has been a new society.
Learned Senior Counsel has invited our attention to various observations made by the Division Bench in the decision reported in 4 L. W 67 to which one of us was a party P. It is claimed on behalf of the Music Academy that the new Memorandum of Association and bye-laws were adopted at the Extra-ordinary General Body Meeting of the Society held on It is, however, not in dispute that in spite of non-registration of such amended bye-laws, the affairs of the Music Academy were being managed in accordance with such provisions and the elections to various office bearers and nomination of trustees were taking place accordingly.
Parthasarathy, a life Member, the petitioner in W. Subsequently, the Music Academy on In the above maze of numerous litigations and counter litigations, the basic questions which are required to be considered are as follows:— 1 Whether the bye-laws purported to have been amended in , and can be considered to be valid and effective and, whether the Executive Committee elected in on the basis of election based on such Bye-Laws can be said to be a properly constituted Executive Committee.
Lot of controversies have been raised regarding the manner of selection of the Trustees. Some of the office bearers are designated as Ex-Officio trustees. Apart from the above, as per bye-laws certain Trustees are also nominated.
A reading of Sections 14 and 15 of the Act would leave no room for doubt that the management of the Society has to be vested in a Committee to be elected by all the members of the society. Therefore, there is no scope for having any nominated trustee far less there is any scope for providing that such nominated trustees would become members of the Managing Committee.
Apart from the above contradiction between bye-laws and the provisions contained in the Act, the fact remains that such bye-laws had not been registered.
Therefore, there is no scope for holding that any person could be nominated as Trustee nor it can be held that the nominated trustee can hold office for six years, because the Act is very categorical that the members of the Managing Committee should hold office for three years.
In view of the above analysis, it is apparent that all the office bearers must be elected and not by any other method and no member of the Committee can hold office for more than three years, though there is no embargo for re-election any number Of times. Lot of controversies had been generated regarding the powers given to the Trustees as per bye-laws. Since bye-laws of had not been registered, there is no question of following any such bye-laws in the matter relating to power of the Trustees and such Trustees had to act obviously under the control of the Executive Committee as contemplated in Memorandum of Association and the Rules and Regulations.
The election which we are now directing is on the basis of Memorandum of Association and the Rules and Regulations as well as bye-laws. Section 12 contemplates the Memorandum as well as bye-laws can be amended provided such memorandum and bye-laws are not contrary to the provisions of the Act or the Rules made thereunder.
Therefore, it goes without saying that it would be always open to the General Body to take appropriate decision regarding any amendment and the fact that the present direction is for holding election based primarily on Memorandum and the Rules and Regulations and bye-laws, obviously would not stand in the way of any amendment being effected in accordance with the provisions contemplated in Section 12 of the Act. Certain controversies were raised by Mr.
V Ramanujam regarding enhancement of membership fees as per bye-laws. Since amendment had not been registered, it is obvious that such amendment was not effective.
However, since on the basis of such amendment members have been enrolled on the basis of application of such persons, there is no justification to claim change of status or refund of any excess amount.
Such observation is being made keeping in view the larger interest of the Society. Even though the amendment was yet to form part of the bye-laws, the applicant seeking for membership on the basis of such amendment having willingly paid the fees, cannot now turn around and say that either the excess amount paid should be refunded or he should be considered as a member of different class.
In order to avoid any further controversy in the matter, it is advisable for the Society to incorporate a fresh amendment or take steps for registration of the existing amendment, if otherwise permissible in law.
In the counter affidavits filed on behalf of Respondents 1 to 3 and the counter affidavit filed on behalf of Respondent No. I also submit that following the G.
I submit that the orders of the Registrar of Societies, Chennai Central, following the 2nd respondent's letter is as per law and there is no violation of any provision of law, as alleged by the Petitioner, herein. Consequent on the formation of the Central Registration District proposals were submitted inadvertently to condone the delay for the already registered memorandum and byelaws also and accordingly G.
But later on this defect was noticed and the fact was intimated to the Govt. While referring to the counter affidavit and additional counter affidavit in the earlier batch of writ petitions, wherein the Registrar seems to have taken a stand that amendment of the byelaws had not been registered, it has been stated in para 8 of the present counter affidavit that such opinion was merely the personal opinion of the then District Registrar of Societies. In the counter affidavit of 4th respondent it has been stated that the G.
In the rejoinder filed by the petitioner he had harped on the contents of the counter affidavit and more particularly in the additional counter affidavit in the earlier round of litigation to contend that the amendments of had not been registered as contemplated in the Act and the Rules. In our considered opinion, the contentions raised by the petitioner can be equated with raising of a storm in a tea cup.
It is quite evident and it is nowhere controverted either in the earlier round of litigation or in the present writ petitions that a special resolution regarding amendment of the bye-laws had been passed on The main finding in the earlier judgment appears to be that the provisions contained in such amended byelaws, which envisaged a tenure of six years for the Trustees and also envisaged nomination of Trustees, to be violative of the provisions contained in the Act.
It also appears that even though such resolution containing the amendments, etc. Even though some controversy is being raised by the counsel for respondents that it is not necessary for the Registrar to pass any formal order, it is unnecessary for us to go into that aspect because it has been clearly and categorically observed in the earlier judgment that notwithstanding the fact that the amended bye-laws had not been registered, actions which were taken on the basis of such amended bye-laws either of , or could not be assailed.
As a matter of fact, even the earlier judgment expressed the opinion that for the violations relating to such matters no action be taken after such a long lapse of time. All the G. Os presently issued by the Government have been passed obviously keeping in view the sentiments expressed by the High Court in the earlier round of litigations.
We do not find that the petitioner has been prejudiced in any manner to rake up all such issues in another form. This is more so when the petitioner has become a member only in and we do not find any justification or even locus standi on the part of the petitioner to rake-up the matters which had apparently happened even before he had become a member.
Moreover, in view of the conclusion that the amendments had been filed, if the officials had not passed any order, for that Society cannot be blamed. Even otherwise the State Government has power to pass order under Section 54 granting exemption.
The question as to whether exemption should be granted or not is also essentially a matter between the Government and the Society and not a matter to be raked up by any individual member of a society unless such member's legal right has been prejudicially affected in any manner. If the amendments had not been filed within the stipulated period, exemption granted by the Government by invoking power under Section 54 has the effect of removing a legal lacuna.
On the other hand, if the amendments had been filed, as is now observed in G. To the extent the provisions contained in the amendment bye-laws are contrary to the statute obviously such bye-laws, even though registered, can be considered to be inoperative.
In fact mainly in the above context, in the previous judgment it has been emphasised that the conditions indicated in such bye-laws regarding election may not be adhered to in the election directed to be held under the supervision of the Observer retired Judge of the High Court. There is also no dispute that election thereafter had been conducted in a smooth manner and the office bearers have assumed their responsibilities.
In such a scenario, we hardly find any justification to rake-up any of the old controversies which appear to have been given a decent burial in the earlier judgment. The immediate provocation for the petitioner to file the writ petitions seems to be the proposal made by the Society regarding amendment of the bye-laws.
As has been clearly explained by Respondent No. Even after such proposed amendments are accepted, if any of the provision of the amended bye-law is against the provisions of the statute, it can be declared as illegal in an appropriate proceedings. However, the petitioner has rushed to the court even before such matter was taken up for consideration and has initially obtained an order of stay.
Subsequently, such stay order has been modified with the observation that meeting can take place, but the effect of the resolution will not be given effect to. If any such resolution is passed by the required majority of members in accordance with the bye-laws, such resolutions containing the amended bye-laws would be obviously placed before the Registrar of Societies who can at that stage examine whether any of the bye-law is contrary to the provisions of the statute, otherwise the Registrar is required to register such amended bye-laws.
In fact in such a sense the writ petitions appear to be pre-mature. Learned Senior Counsel has seriously contended that while amending the bye-laws in , the Society had purported to change the Memorandum of Association.
He has submitted that the first Memorandum of Association containing the names of the founder members cannot be altered in any manner, as otherwise it will bring on record a new society.
Learned Senior Counsel has cited several decisions of different Courts including the Supreme Court in support of his contention that in law the founder members have got a special status, which cannot be altered.
Even though we can appreciate the sentiments behind such submission, we do not think the bye-laws of and the Memorandum of Association can at all affect the fact that there were certain founder members when the society was registered in The documents which had been produced merely indicate that at the time of effecting amendment of such bye-laws who were the various office bearers.
We do not think it can be said that such documents had the effect of supplanting the first Memorandum of Association. In view of the above conclusion, the W. P Nos.
O Nos. Next the writ petition relates to challenging of G. In view of the observations already made, we hardly see any merit in such writ petition, which is also liable to be dismissed. In the result, all the writ petitions fail and the same are dismissed.