The Societies Registration (Nagaland First Amendment) Act, 1969 Complete Act - Bare Act

NAGALAND ACT NO. 14 OF 1969.

(Received the Assent of

die Governor oh 17th October, 1969 and published in the Nagaland Gazette, Extraordinary dated 24^th October, 1969)

An Act to amend the Societies Registration Act, 1860 in its application to Nagaland

Whereas it is expedient to amend

the Societies Registration Act, 1860, (Act XXI of 1860) hereinafter called the Principal Act, in its application to the State of Nagaland in the manner hereinafter appearing;

It is hereby enacted in

the twentieth year of the Republic of India as follows : -

(i) This Act may be called

the (Societies Registration Nagaland first Amendment) Act,

(ii)

It shall extend

Provided that the Principal Act shall apply to

the District

(iii) It shall come into force

at once.

(i) T

he word "Registrar of Joint Stock companies" appearing in Section 1 of the Principal Act shall be substituted by the word "Registrar of Societies" appointed by the state Government.

(ii) The words "Registrar of Joint Stack Companies" wherever they appear in

the Principal Act shall be

After section 4 of Principal Act, the following new Section shall be inserted namely

: -

"
4A (I) Together

with the List mentioned in. Section 4, there shall be sent to the Registrar of Societies a statement showing changes Committee or other governing body to whom the management o he society is entrusted and also a copy of the rules of the society corrected up to date and cec~iIied1 0 bc a correct copy by not less than three of the members of the governing body.

(II) A copy of every

alteration made in the rules of the society, certified less than three members of the governing body, shall be sent to of the making of such alteration."

After Section 12

of the Societies Act XXI 1860) the following shall be inserted namely :

"12A Any society registered under this Act may, with the consent of not less than two third of the total number of its members by a resolution at a general the provision of Section 12B, change its name.

12B (1) Notice in

writing of every change of name, signed by the Secretary and by seven members of the society changing its Registrar.

(2) If the proposal name is identical with that by which any other existing society has been registered or in the opinion of the Registrar, so nearly resembles such name as to be likely to deceive the public, the Registrar shall refuse to register the change of name.

(3) Save as provided in sub-section

(2), the Registrar shall, if he is satisfied that the provision of this Act in respect of of name and the change of name shall have effect from the date of such registration.

12C. The change in

the name of a society registered under this Act shall not effect any rights or obligations of the society or render defective any Legal proceeding which might have been continued or commenced by or against it by its formal name may be continued or be commenced by or against it by its name".

In Section 13

of the Principal Act.

(a) after the words "as the governing body the words "or

special committee formed to replace the governing body in respect of all matters effecting the winding up of the society, or the said official committee" shall be inserted.

(2) After Section 13 of the Act, the following proviso shall

be inserted as the first proviso namely.

"Provided that any matter

decided by three fifth of those present either in person or by prony at any meeting of of the society or of the governing body thereof or of any special Committee appointed at a General Meeting for the purpose of winding up of the affairs of a society shall not be deemed to be a matter of dispute within the meaning of this section."

In Section 14 of the principal Act after

he words "some other society" the words whether registered under this Act or not", shall be inserted.

In Section 19 of the Principal Act for the words "two annas" in between

the words payment of "fifteen paise" shall be substituted.

After Section 20 of the Principal Act, the following new section shall

be inserted, namely: -

"21. (1) If the President Secretary or any other person authorized in this behalf by a resolution of the governing body of the society fails to comply with the provision of section conviction; be punishable with fine which may extend to be punishable with fine not exceeding fifty rupees for each day, during the period the breach continues after first conviction for such offence.

(2) If any person willfully makes or causes to be made any fake inter in, any omission from, the list required by

section 4, or in or from any statement of copy of rules or alteration conviction, be punishable with fine which may extend to two thousand rupees.

22. (1) No

Court inferior to that of a Magistrate of the First class shall try an offence punishable under this Act.

(2) No court s

hall take cognizance of an offence punishable under this Act except, upon complaint made by the Registrar of Societies or any other person, authorized in writing by him, in this behalf."

(NAGALAND ACT NO. 5 OF 1984)

(Received the assent of the Governor on 9^th June, 1984)

An Act further to amend the Societies Registration Act, 1869

in its application to Nagaland.

Whereas

it is expedient to amend the Societies Registration Act, 3860 (Act XXI of 1860) hereinafter called the Principal Act in its application to the state of Nagaland io the manner hereinafter appearing.

It is hereby : -

(I) This Act may be called the Societies Registration (Nagaland Second

Amendment) Act, 1984.

(ii) It shall extend to the whole Stale

of Nagaland.

(iii) It shall

come into force at once.

After

section 22 of the Principal Act, the following new sections shall be inserted, namely.

"23. Cancellation of registration in certain cases

;

(i) Notwithstanding anything contained in this Act, the registrar writing cancel the registration of any society registered under this Act, whose office has ceased to be in the State of Nagaland whose activities are subversive to the objects of the society, or registration had been wrongly obtained and/or granted in violation of the provision of the Act: -

Provided that

the Registrar of societies shall before passing an order made such inquiry as he considers necessary:

Provided further that no order of cancellation of registration or any society on the ground of the activities of the society being subversive to the objects, of the society shall be passed until

the society is given reasonable opportunity of showing cause against action proposed to be taken in regard to it.

(ii) An appeal against an order made under sub-section (I) may be preferred in such manner, within such lime and to such authority as may be prescribed and such authority shall consider and dispose of such appeals in the

prescribed manner.

(iii) The decisions of the appellate authority under sub-section (ii) shall be final

:-

(iv) In the event of cancellation of registration dl any society under this section, any property left by such society after meeting all debts and Liabilities shall be dealt with according to Rules of the Society, if any, and if not, as the Governing Body of such society shall find expedient.

24.

Power of the State Government to make rules:-

(i) The State Government may, after previous publication, make rules no1

inconsistent with his Act for carrying out the, purpose of this Act.

(ii) In particular and without prejudice to the generality of the foregoing power, the Stale Government may make rules

:-

(a) Prescribe the forms of the Registrar

of Societies and the made in which entries relating to registration are to be made therein, and made in which such entries are to be amended or notes made therein

(b) regulating the filing of documents received by the Registrar of Societies

:

(c) Prescribing the authority before whom and the time within which an appeal shall he preferred under subsection (ii) or section 23 and the manner in which such appeals shall be considered and disposed of,

(d) Prescribing condition for the inspection of original documents;

(c)

regulating the grant of copies of documents; and

(f)

providing for any other matter for which there is no provision or insufficient provisions in this Act and for which provision is in the opinion of the State Government, necessary for giving effect to

the purposes of this Act.

(iii) Every rule made under this section shall he laid as soon as may

be, after it is made, before the Nagaland Legislative Assembly while it is in session the expiry of the or the sessions immediately following, the Nagaland Legislative Assembly agree in making any modification in the rule Legislative Assembly agree that the rules should not be made, the rule shall thereafter have effect only in such modified form, or be of no effect as previously done under this rule.