The Societies Registration Act, 1860

The Societies Registration Act, 1860, is a foundational piece of legislation that provides a framework for the registration of literary, scientific, and charitable societies in India. This Act aims to facilitate the formation and operation of such societies, outlining their registration process, management, and the rights and liabilities of their members. It also addresses the procedures for dispute resolution and dissolution. The Act is a key instrument in promoting the development of civil society and non-profit organizations in India.

Act Background and Ministry:
The Societies Registration Act, 1860, was enacted during the British colonial rule in India. It was designed to provide a legal framework for the registration of literary, scientific, and charitable societies. The Act falls under the purview of the then-existing legislative council of India, which was under the British administration. Currently, the subject matter of the Act would fall under the domain of the Ministry of Law and Justice or the equivalent ministry dealing with societies registration in the respective state governments of India.

Enactment Date, Number of Chapters, Number of Sections:
The Act was enacted on May 21, 1860. It is structured into 20 sections and has no formal chapters.

Act Governed By:
The Act is primarily governed by the Registrar of Societies, who has the power to register societies, oversee their operations, and resolve disputes. The State Governments also play a role in the implementation of the Act, including making rules and issuing directions. The Act also impacts the members and governing bodies of the societies.

On Whom it is Applicable:
The Act is applicable to all literary, scientific, and charitable societies in India. It applies to the members of these societies, as well as to the Registrar and other officials involved in the administration of the Act.

Penalties/Punishments:
The Act specifies penalties for non-compliance. These include:

• Fines: For contravening the provisions of the Act, such as failing to furnish the list of the managing body or making false entries.

• Liability for Misappropriation: Members who misappropriate or damage the property of the society may be subject to the same prosecution and penalties as strangers.

Important Pointers:

• Registration of Societies: The Act outlines the requirements and procedures for the registration of literary, scientific, and charitable societies.

• Memorandum of Association: The Act mandates that societies must file a memorandum of association with the Registrar.

• Management of Societies: The Act provides for the management of societies through a governing body and specifies the powers and duties of officers.

• Rights and Liabilities: The Act defines the rights and liabilities of members of registered societies.

• Dispute Resolution: The Act provides mechanisms for resolving disputes among members and with the society.

• Dissolution: The Act outlines the procedures for the dissolution of societies and the disposal of their assets.

• Power to Make Rules: The Act empowers the State Governments to make rules to carry out the purposes of the Act.

Act Copy: