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The Andhra Pradesh Societies
Registration Act - 2001.
Short title, extent and commencement.
Registration of Societies
Societies which may be registered under this act.
Memorandum of Association of Society, and Bye-laws
to be filed with Registrar.
Contents of bye-laws of societies.
Societies not to be registered with undesirable
Registeration of Societies.
Amendment of memorandum and Bye-laws.
Filing of annual list.
Management and Administration
Registered Office of Society.
Register of Members.
Accounts and Records.
Inspection of Register of Members of Society.
Committee of the Society.
Disqualification of members of the Committee.
Supply of copies of Bye-laws.
Supply of copies of balance sheet etc.
Society to be a body corporate.
Amalgamation and division of Societies.
Register of mortgages and charges.
Disputes, Dissolution and
Dispute regarding management.
Dissolution of Society and adjustment of its
Property of dissolved society.
Liquidators to make an account after winding-up
of a Society.
Enforcement of orders.
Societies financed by the Government.
Fees to be fixed by the Government.
Superintendence and control over Registrars.
Power to remove difficulties.
Repeals and Savings.
* * * * *
objects and reasons.
At present, the law relating to the Societies and their
registration, is governed by the Societies Registration Act, 1860
(Central Act 21 of 1860) in the Andhra Area of the State of
Andhra Pradesh and by the Andhra Pradesh (Telangana Area) Public
Societies Registration Act, 1350 Fasli (Act 1 of 1350 Fasli) in
the Telangana Area of the State of Andhra Pradesh. The said Acts
are found to be not exhaustive in certain material aspects. In
order to have comprehensive law and to secure uniformity in the
laws applicable throughout the State, it is proposed to have
single and comprehensive legislation in this behalf applicable to
the entire State by repealing the Societies Registration Act,
1860 in its application to the Andhra Area of the State of Andhra
Pradesh and the Andhra Pradesh (Telangana Area) Public Societies
Registration Act, 1350F.
The Andhra Pradesh Societies Registration Bill, 1999 has been
introduced in the Legislative Assembly of the State on 23rd March,
1999 as L.A. Bill No. 4 of 1999 and the same has lapsed due to
dissolution of the Tenth Legislative Assembly. It is, therefore,
decided to reintroduce the same Legislation.
This Bill seeks to give effect to the above decisions.
Pradesh Societies Registration Act - 2001.
[Act No 35 of 2001 (Pub
in A.P. Gaz., Pt. IV-B (Ext), dt. 10-10-2001)]
Received the assent of the Governor on the 9th
October, 2001 and the said assent is hereby first published on
the 10th October, 2001 in the Andhra Pradesh Gazette, Part IV-B (Ext).
An ACt to consolidate and Amend the law relating
to the registration of Societies situated in Andhra Pradesh
promoting Art, Fine Arts, Charity, Crafts, Religion, Sport,
Literature, Culture, Science, Philosophy, Political Education or
any public purpose and for matters connected therewith or
Be it enacted by the Legislative Assembly of the
State of Andhra Pradesh in the Fifty-second Year of the Republic
of India as follows:
- Short title, extent and
- This Act may be called the Andhra
Pradesh Societies Registration Act, 2001.
- It extends to the whole of the
State of Andhra Pradesh.
- It shall come into force on such
date as the Government may, by notification, in
the Andhra Pradesh Gazette, appoint.
- Definitions: - In this
Act, unless the context otherwise requires,-
- 'Alter' and 'alteration' shall
include the making of additions and suuplying of
- 'Bye-laws' means the bye-laws of a
- 'Committee' means the executive
committee appointed under Section 14 or any
person or body of persons to whom the management
of the affairs of a society is entrusted by its
- 'Court' means in the cities of
Hyderabad and Secunderabad, the City Civil Court,
and elsewhere, the Principal Civil Court of
- 'Document' includes summons,
notice, requisition, order, or other legal
process, and registers, whether issued, sent or
kept in pursuance of the provisions of this Act
or of any other laws or otherwise;
- 'Financial Year' means the period
of twelve months for which the accounts of a
society are required to be made up by the bye-laws
and if the bye-laws do not so provide, the period
of twelve months ending with the 31st March of
- 'Government' means the State
Government of Andhra Pradesh;
- 'Member' means a person,
individual or body corporate, who/which, have
been admitted to membership in any society has
not resigned or ceased to be a member, or been
removed from membership, in accordance with the
bye-laws of that society;
- 'Memorandum' means the memorandum
of association of a society as originally framed
or as altered, from time to time, in pursuance of
the provisions of this Act or the Societies
Registration Act, 1860 (Central Act 21 of 1860)
or the Andhra Pradesh (Telangana Area) Public
Societies Registration Act, 1350 Fasi (Act 1 of
1350F) as the case may be;
- 'Notification' means a
notification published in the Andhra Pradesh
Gazette and the word notified shall be construed
- 'Officer' including any director,
manager, treasurer, trustee, secretary, member of
the Committee, or any person appointed by a
society to sue and be sued on its behalf and any
other person empowered under the rules or the bye-laws
to give directions in regard to the business of a
- 'Registrar' means an officer of
the Registration Department, not below the rank
of Sub-Registrar as may be specifically empowered
by the Government to exercise the powers of a
Registrar under this Act;
- 'Registrar General' means the
Inspector General of Registration, appointed by
the Government under Section 3 of the
Registration Act, 1908 (Central Act 16 of 1908);
- 'Society' means a society
registered or deemed to be registered under this
- 'Special Resolution' means,
resolution passed by a majority of the total
members of the society and not less than three-fifth
of the members present and voting in a meeting,
of which not less than fourteen clear days notice,
exclusive of the date of despatch of the notice
and the date of meeting, specifying the intention
to propose the resolution as special resolution,
has been duly given.
Registration of Societies
- Societies which may be registered
under this Act: -
- Any seven or more persons forming a society which
has for its object the promotion of art, fine art,
charity, crafts, religion, sports (excluding
games of chance), literature, culture, science,
political education, philosophy or diffusion of
any knowledge or any public purpose may be
registered under this Act.
- No society of which a firm, whether registered or
not or an unincorporated association of
individuals is a member shall be registered under
- Nothing contained in Sub-Section (2) shall
preclude the registration under this Act of a
society on the ground that a partner as defined
in Section 4 of the Indian Partnership Act, 1932
(Central Act 9 of 1932) or a member of an
unincorporated Association of individuals is, in
his individual capacity, a member of the society.
- Memorandum of Association of
Society, and Bye-laws to be filed with Registrar: -
- For the purpose of registration of a society
there shall be filed with the Registrar of the
district in which the registered office of the
society is to be situated,
- a memorandum of association of the
society which shall state,
- the name of the society;
- the aims and objects of the
- the name, addresses and
occupations of the members of the
- the bye-laws of the society.
- The memorandum of association shall be signed by
atleast seven members who are majors and who
shall add their addresses, description and
occupation if any, in the presence of atleast two
witnesses who shall also be majors and who shall
atleast with their signatures and add their
addresses, description and occupation, if any and
the byelaws shall be signed by the signatories to
the memorandum of association.
- Contents of bye-laws of society: -
The bye-laws of a society shall contain provisions in
respect of following matters:
- identity of the society which includes name and
address particulars of the society;
- activities of the society;
- membership of the society ie., eligibility,
admission, withdrawal and termination etc.,
- General body which contains the manner of
meetings to be held or convened, quarum,
functions and responsibilities etc.,
- office bearers and their appointment/election/removal/recall
and their responsibilities etc.,
- finances which includes types of funds to be
raised, appointment of auditors, liability of
members for discharge of debts etc., and
- other matters which cover the internal matters of
settelment of internal disputes, dissolution of
the society etc.
- Societies not to be registered
with undesirable names: -
- No society shall be registered by a name which
contravenes the provisions of the Emblems and
Names (Prevention of the Improper use) Act, 1950
(Central Act 12 of 1950).
- No society shall be registered in a
District by a name, which is identical
with that of another registered society
in existence in the same District or so
nearly resembling it so as to mislead
except where the registered society in
existence is in the course of being
dissolved and signifies in writing its
consent to such registration.
- Except with the previous sanction in
writing of the Government, no society
shall be registered by a name which
contains any of the following words,
- A society may, by a special resolution change it's
name, with a previous intimation to the Registrar
- The Change of name shall not affect any right or
obligation of the society or any member thereof
or render defective any action or other legal
proceedings by or against it and any of the
members, and any action or other legal
proceedings which might have been continued or
commenced by or against the society by its former
name may be continued or commenced by or against
the society by its new name.
- Registration of Societies: -
- Where a society has complied with the provisions
of the Act as to registration and on payment of
such fees as may be notified under Section 29,
the Registrar shall issue to that society a
certificate of registration and such certificate
shall be conclusive evidence that the society
therein mentioned is duly registered.
- The Registrar shall, after the issue of a
certificate of registration to a society enter in
a register which may include a register
maintained through an electronic device like
computer, the particulars specified in the
memorandum, of that society filed and such other
particulars as may be notified.
- If the Registrar refuses to register a society,
an appeal shall lie to the Registrar General
within sixty days from the date of communication
of the order of the Registrar refusing to
register the society. Even such appeal shall be
accompanied by a fee as may be notified by the
Government from time to time.
- If an application for registration of a society
is presented before the Registrar complying with
all the provisions of this Act is not disposed of
within sixty days the society is deemed to have
been registered and the Registrar shall issue a
certificate to that effect.
- Amendment of memorandum and Bye-laws:
- By a "Special Resolution" a society may
alter the provisions of the memorandum with
- change of objectives of the society;
- to amalgate itself with any other society;
- to divide itself into two or more
- Subject to provisions of this Act, and the
conditions contained in its memorandum, a society
may, by an order resollution passed by not less
than 1/2 (half) of the members present and voting
alter its bye-laws.
- Any alteration of the memorandum of the society
shall not be valid unless such alteration is
registered under this Act.
- If any alteration of the memorandum is filed with
the Registrar and if they are not contrary to the
provisions of this Act, he shall register the
same and shall certify the registration of such
alteration under his hand and seal within thirty
days from the date of receipt of the resolution.
The certificate shall be conclusive evidence that
all the requirements of this Act with respect to
the alteration and the certification thereof have
been complied with and henceforth the memorandum
as so altered shall be the memorandum of the
- Every alteration in the bye-laws of the society
should be sent to the Registrar and he shall take
it on record if it is not contrary to the
provisions of this Act.
- Filing of annual list: -
Every year the society shall, within fifteen days from
the date on which the General Body meeting was held,
furnish a list to the Registrar of Societies which shall
contain the names and addresses of the member of the
Managing Committee and Officers entrusted with the
management of the affairs of the Society.
Management and Administration
- Registered Office of Society: -
- A society shall, as from the day on which it
begins functioning or as from the twenty-eighth
day after the date of its registration whichever
is earlier have a registered office at any place
in the district in which it is registered and to
which all communications and notices may be
addressed. Notice of the location of the
registered office and of every change therein
shall be given within twenty-eight days after the
date of its registration or after the date of the
change, as the case may be, to the Registrar, who
shall record the same in the certificate of
- Any change of its registered office to a place
outside the district in which it is registered,
shall be intimated to the Registrars of both the
- Every society shall display its name outside its
office premises in a conspicuous position in
legible characters of the language in general use
in that place.
- Every society shall have its name engraved in
legible characters on its seal.
- Register of Members: -
Every society shall keep a register of members and enter
therein the following particulars, namely: -
- the name and address and the occupation, if any,
of each member;
- the date on which the name of each person was
entered in the register as member;
- the date on which any person ceased to be a
- the specimen signatures of the members.
- Accounts and Records: -
Every society shall keep at its office, the following
accounts, records, and documents; namely: -
- a copy of this Act with up-to-date amendments
- a copy of it's registered memorandum along with
up-to-date bye-laws with amendments made from
time to time;
- the minutes book;
- accounts of all sums of money received and
expended by the society and their respective
- accounts of all purchases and sales of goods by
- accounts of all assets and liabilities of the
- an up-to-date register and a list of all members
with voting rights for the current year prepared
within thirty days of the closure of the society's
- copies of the audit reports, and if any, and
compliance reports thereon; and
- all such other accounts, records and documents as
may be required by this Act.
- Inspection of Register of Members
of a Society: - The Register of members shall be
kept open during the business hours subject to such
reasonable restrictions as the bye-laws of the society
- Committee of the Society: -
- Every society shall elect a Committe, consisting
of not less than three members of the society, by
a resolution passed by a majority of the members
present and entitled to vote at an annual general
body meeting of the society held under Section 20.
- The terms of the Committee or of its members so
elected shall be a period not exceeding six years
as may be specified in the bye-laws;
Provided that a member who has completed a term
as an elected member is eligible for re-election
as a member of Committee, if the bye-laws so
- Every society shall maintain a register showing
the names, adresses and occupation of the persons,
who are members of the Committee and shall file
with the Registerar: -
- a copy of the register within a period of
fourteen days from the date of election
of the members of the first Committee;
- a notice of every change in the members
of the Committee within a period of
fourteen days from the date of such
- Disqualification of members of the Committee: -
A person shall be disqualified for appointment as a
member of the Committee of a society under this Act if,
on the date of such appointment, he is,-
- not a major;
- of unsound mind and stands so declared by a
- an applicant to be adjudicated as an insolvent or
is an undischarged insolvent;
- convicted of an offence involving moran turpitude
or sentenced by a criminal court to a fine of not
less than rupees one thousand or to imprisonment
for a period of not less than six months; and
- disqualified for such appointment by an order of
- Supply of copies of Bye-laws: - Every
Society shall, deliver a copy of its Bye-laws, to each
member of the society at the time of admission.
- Supply of copies of balance sheet etc.:-Every
society shall supply to every member a copy of the
balance sheet or a statement of accounts together with
the auditor's report at its annual general body meeting,
if not supplied in advance.
- Society to be a body corporate:-The
registration of society shall render it a body corporate
by the name under which it is registered having perpetual
succession and a common seal. The society shall entitled
to acquire, hold and dispose of property, to enter into
contracts, to institute and defend suits and other legal
proceedings and to do all other things necessary for the
furtherance of the aim for which it was constituted.
- Legal Proceedings:-
- The Committee or any officer of the society
authorised in this behalf by its bye-laws, may
bring or defend any action or other legal
proceeding touching or concerning any property or
any right or claim of the society and may sue and
to be sued in its name.
- Any action or legal proceeding shall not abate or
be discontinued by the death; resignation or
removal from office of any member of the society
after the commencement of the proceeding.
- The bye-laws of the society shall specify the
frequency and the manner in which the meetings of
the Committee and General Body shall be held, so
however that the Committee shall meet atleast
once in every three months and the General Body
shall meet atleast once in a year.
- The Committee shall convene a General Body
meeting within thrity days of receipt of a
requisition for convening a meeting signed by
atleast one third of the members of the society
or as provided in the bye-laws and any such
requisition shall contain the proposed agenda and
the reasons for such meeting.
- Every society shall record in the minutes book,
the minutes of all proceedings of every General
Body meeting and also every meeting of its
- Such minutes shall be communicated to all the
members invited for the meeting within thirty
days of the conclusion of the meeting.
- The minutes so recorded shall be signed by the
person who chaired the said meeting.
- Amalgamation and division of Societies:-
- Any two or more societies may, by a special
resolution of both or all such societies, and
confirmed by a like resolution at a second
meeting of both or all such societies, convened
after an interval of one month after the first
meeting, get amalgamated into one society with or
without any dissolution or division of the funds
of any of the societies with intimation to the
- Any society may, be a special resolution divide
itself into two or more societies. Such
resolution shall contain proposals for the
division of the assets and liabilities of the
society among the new societies into which it is
proposed to divide itself and may specify the
area of operation of and the members, who will
constitute each of the new societies.
- An amalgamation or division in pursuance of this
section shall not prejudice any right or a
creditor of any society which was a party to such
amalgamation or division.
- Register of mortgages and charges:-
- Every society shall keep at its registered office,
a register of mortgages and charges and enter
therein all mortgages or charges affecting the
property of the society and such other
particulars of the mortgages or charges as may be
specified in the bye-laws.
- The register of mortgages and charges kept in
pursuance of sub-section (1) and copies of
instruments creating mortgages or charges shall,
subject to such reasonable restrictions as the
society may impose, be kept at the registered
office of the society and be open during business
hours to the inspection of any members or
creditor of the society without payment of any
Disputes, Dissolution and
- Dispute regarding management:- In the
event of any dispute arising among the Committee or the
members of the society, in respect of any matter relating
to the affairs of the society, any member of the society
may proceed with the dispute under the provisions of the
Arbitration and Conciliation Act, 1996, (Central Act 26
of 1996) or may file an applicatiopn in the District
Court concerned and the said Court shall after necessary
inquiry pass such order as it may deem fit.
- Dissolution o Society and adjustment of its
- A society may, by passing a special resolution,
determine that it shall be dissolved of and
thereupon, with prior intimation to the Registrar,
it shall be dissolved at the time specified in
the resolution and all the necessary steps shall
be taken for the disposal and settlement of the
property of the society, and its claims and
liabilities according to the bye-laws, if any, of
the society, and if there are no bye-laws to this
effect in the manner as the General Body may find
Provided that in the event o any dispute arising
among the members of the Committee or the members
of the society, the adjustment of its affairs
shall be referred to the Court and the Court
shall make such order in the matter including
appointment of liquidator as it deems fit;
Provided further that if the Central Government
or any State Government is a member of, or a
contributor to any society registered under this
Act, such society shall not be dissolved without
the consent of the Government concerned.
- A society dissolved under this section shall file
with the Registrar a full report showing as tohow
the property has been disposed of.
- Property of dissolved society:-If upon
the dissolution of any society, there remains, after the
satisfaction of all its debts and liabilities, any
property, the same shall not be delivered to or
distributed among the members of the said society or any
of them, but shall be delivered to some other society,
with a similar objective to be named by a special
resolution, or in default thereof, by the Court
Provided that this section shall not apply to any society
which is founded or established by the contribution of
shareholders in the nature of a Company.
- Liquidators to make an account after winding-up
- As soon as the affairs of a society are fully
wound-up, the liquidator shall make an account of
the winding-up showing how the winding-up has
been conducted and the property of the society
has been disposed of and call a general body
meeting of the society for the purpose of placing
before it the account and giving any explanation
in respect thereof.
- Within one week after the meeting convened under
sub-section (1), the liquidator shall be sent to
the Registrar, a copy of the account and shall
make a return to him of the holding of the
meeting and of its date.
- Enforcement of orders:-Orders made under
Section 24 shall, on application, be enforced as follows:
- When made by a liquidator, by any civil court
having local jurisdiction in the same manner as a
decree of such Court; and
- When made by the Court of appeal, in the same
manner as a decree of that Court.
- Societies financed by the Government:-:-Where
a Government is a member or is wholly or substantially
financing a society it may place such terms and
conditions on the society as are mutually agreed upon or
through specific public policy notified by the Government
for this purpose.
- Fees to be fixed by the Government:-:-
- The Government shall, from time to time, prepare
a table of fees payable;
- for registration of Society, which may
include Mahila Mandals and Youth
- for filing or recording or registering
any document required by this Act to be
filed or recorded;
- for inspection of documents in the
custody of Registrar;
- for making or granting copies of reasons,
entries or documents, before or after
- for such other matters appear to the
Government necessary to give effect to
the purposes of this Act.
- The table of fees so prepared shall be notified.
- All fees, charges and other sums paid to the
Registrar or any officer of the Governemnt is
pursuance of this Act, shall be credited to the
- Superintendence and control over Registrars:-The
Registrar General shall have superintendence and control
over all other Registrars functioning under this Act.
- Power to remove difficulties:-If any
difficulty arising in giving effect to the provisions of
this Act, in the first five years from the date of
commencement of this Act, the Government after previous
publication, by order make such provisions not
inconsistent with the purposes of this Act, as appear to
them to be necessary or expedient for removing of the
- Repeals and Savings:-
- The Society Registration Act, 1860, (Central Act
21 of 1860) in its application to the Andhra area
of the State of Andhra Pradesh and the Andhra
Pradesh (Telangana Area) Public Societies
Registration Act, 1350F (Act 1 of 1350F) are
- Nothwithstanding such repeal, anything done or
any action taken under the said Acts (including
any order, rule, form regulation, certificate or
bye-laws) in the exercise of any power conferred
by or under the said Acts shall be deemed to have
been done or taken in the exercise of the powers
conferred by or under this Act as if this Act was
in force on the date on which such a thing was
done or action taken.