Uttar Pradesh. - In its application to the State of Uttar Pradesh, for section 3, substitute the following section, namely: -
3. (1) Upon such memorandum and certified copy being filed along with particulars of the address of the Society's office which shall be in registered address, by the Secretary of the Society on behalf of the persons subscribing to the memorandum, the Registrar shall certify under his hand that the society is registered under this Act. There shall be paid to the Registrar for every such registration a fee of one thousand rupees [or such smaller fee as the State Government may notify in respect of any class of societies].
Provided that the Registrar may, in his discretion, issue public notice or issue notices to such persons as he thinks fit inviting objections, if any against the proposed registration and consider all objections, if any against the proposed registration and consider all objections that may be received by him before registering the society.
(2) Notwithstanding anything in sub-section (1) the Registrar shall refuse to register a society, if after giving it an opportunity of showing-cause against such refusal, he is satisfied that -
(a) the name of the society is identical with that of any other society previously registered under this Act;
(b) the name of the society sought to be registered uses any of the words, namely, 'Union', 'State', 'Land Mortgage', Land Development', 'Co-operative', 'Gandhi', 'Reserve Bank' or any words expressing or implying the sanction, approval or patronage of the Central or any State Government, or any word which suggests or is calculated to suggest any connection with any local authority or any corporation or body constituted by or under any law for the time being in force or is such as is otherwise likely to deceive the public or the members of any other society previously registered under this Act;
(c) any one or more of the objects of the society sought to be registered is not an object mentioned in sections 1 and 20; or
(d) its objects are contrary to any other law for the time being in force.
Explanation. - In this Act, the word 'Registrar' means a person appointed as such by the State Government, and includes an Additional Registrar, Joint Registrar, Deputy Registrar, or Assistant Registrar, on whom all or any of the powers of Registrar under this Act are conferred by general or special order of the State Government. [U.P. Act 52 of 1975, section 2 (10-10-1975).]
In its application on the State of Uttar Pradesh, in section 3, in sub-section (2), after clause (d) for the existing Explanation, the following proviso substituted and deemed always to have been so: -
Provided that the State Government may in exceptional circumstances, for reasons to be recorded permit any society to use the word 'union' or the word 'Gandhi' in its name, and thereupon, the use of that word in the name of the society shall not be a ground for refusal to register or to renew the certificate of registration of such society. [U.P. Act 26 of 1979, section 2].
Uttar Pradesh. - In its application to the State of Uttar Pradesh, after section 3, insert the following section, namely: -
3A. Removal of certificate of registration. - [(1) Subject to the provisions of sub-section (2), a certificate of registration issued under section 3 shall remain in force for a period of two years from the date of issue:
Provided that certificate issued before the commencement of the Societies Registration (Uttar Pradesh Amendment) Act, 1984 (hereinafter in this section referred to as the said Act), shall remain in force for a period of five years from the date of such commencement on payment of difference of the fees specified under sub-section (3) and the fee already paid.]
(2) A Societies registered under section 3, whether before or after the commencement of the said Act, shall on application made to the Registrar within one month of the expiration of the period referred to in sub-section (1) and on payment of the fee specified in sub-section (3), be entitled to have its certificate of registration renewed for [five years] at a time:
Provided that in the case of a society registered before the commencement of the said Act, the Registrar shall refuse to renew the certificate of registration if after giving it an opportunity of showing cause against such refusal, he is satisfied that any of the grounds mentioned in sub-section (2) of section 3 exist in respect thereof.
[(2-A) An appeal against an order made under sub-section (2) of Section 3-A may be preferred to the Commissioner of the Division in whose jurisdiction the headquarter of the Society lies, within one month from the date of communication of such order:
Provided that the appellate authority may admit an appeal after the expiry of such period if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within such period.]
(3) There shall be paid to the Registrar with every application for renewal of the certificate of registration -
(a) [a fee equal to the registration fee payable under section 3 or [rupees twenty-five], whichever is less] if such application is filed within the period specified in sub-section (2);
(b) an additional fee of five rupees, if such application is filed within one month of the date of expiration of the period specified in sub-section (2);
(c) an additional fee at the rate of two rupees per month or part thereof, if such application is filed beyond one month of the expiration of the period specified in sub-section (2);
[(4) Every application for renewal of the certificate shall be accompanied by a list of members of the managing body elected after the registration of the society of after the renewal of certificate of registration and also the certificate sought to be renewed unless dispensed with by the Registrar on the ground of its loss or destruction or other sufficient cause.]
(5) A society which fails to get its certificate of registration renewed in accordance with this section within one year from the expiration of the period for which the certificate was operative shall become an unregistered society:
Provided that the Registrar may, for sufficient cause allow an application for renewal more than one year after the expiration of the period for which the certificate was operative on payment of a fee of fifty rupees.
(6) Where a certificate of registration is renewed in accordance with sub-section (2) or sub-section (5) such renewal shall operate from the date of expiration of the period for which the certificate was operative.[U.P. Act 52 of 1975., section 3 (30.4.984)].
(II) After section 3-A of the principal Act, the following section shall be inserted, namely :-
"3B. Reference to the State Government. - If any question arises whether any society is entitled to get itself registered in accordance with section 3 or to get its certificate of registration renewed in accordance with section 3-A, the matter shall be referred to the State Government, and the decision of the State Government thereon shall be final."[U.P. Act No. 26 of 1979]
In section 3 of the Societies Registration Act, 1863, hereinafter referred to as the principal' Act, for the words "one hundred rupees the words, one hundred fifty rupees" shall be substituted
UTTAR PRADESH. - In section 3-A of the principal Act-
(a) for sub-section (1), the following sub-section shall be substituted, namely:-
"(1) Subject to the provisions of sub-section (2), a certificate of registration issued under section 3 shall remain in force for a period of five years from the date of issue ;
Provided that a certificate issued before the commencement of the Societies Registration (Uttar Pradesh Amendment) Act, 1984 (hereinafter in this section referred to as the said Act), shall remain in force for a period of five years from the date of such commencement on payment of the difference of the fees specified under sub-section (3) and the fees already paid." [U.P. Act No. 11 of 1984]
(b) in sub-section (2), for the words, "two years", the words "five years" shall be substituted;
(c) in sub-section (3), in clause (a), for the words "ten rupees", the words, "rupees twenty-five" shall be substituted;
(d) for sub-section (4), the following sub-section shall be substituted, namely:-
"(4) Every application for renewal of the certificate shall be accompanied by a list of members of the managing body elected after the registration of the society or after the renewal of certificate of registration and also the certificate sought to be renewed unless dispensed with by the Registrar on the ground of its loss or destruction or any other sufficient cause." [U.P. Act No. 11 of 1984]
(1) In section 3 of the Societies Registration Act, 1860, hereinafter referred to as the principal Act, in sub-section (1),-
(a) for the Words "five hundred rupees" the words "one thousand rupees" shall be substituted;
(b) far the existing proviso the following provisos shall be substituted, namely:-
"Provided that the State Government may, by notification in the official Gazette, increase from time to time the fee payable under this sub-section:
Provided further that the Registrar may, in his discretion, issue public notice or Issue notices to such persons as he thinks fit inviting objections, if any, against the proposed registration and consider all objections that may be received by him before registering the society." [U.P. Act No. 8 of 2000]
(2) In section 3-A of the principal Act,-
(i) In sub-section (3), for clauses (a), (b) and (c) the following clauses shall be substituted, namely: -
"(a) a fee equal to the registration fee payable under section 3 or rupees two hundred, whichever is less, if such application is filed within the period specified in sub-section (2):
Provided that the State Government may, by notification in the Official Gazette, increase from time to time the fee payable under this clause subject to the condition that the fee so increased shall not exceed the registration fee payable under section 3;
(b) an additional fee of forty rupees or such higher fee not exceeding one-fifth of the fee payable under clause (a) as may be notified by the State Government, if such application is filed within one month of the date of expiration of the period specified in sub-section (2) ; and
(c) an additional fee at the rate of twenty rupees per month or part thereof, or such higher additional fee per month not exceeding half of the additional fee payable under clause (b) as may be notified by the State Government, if such application is filed beyond one month of the expiration of the period specified in Sub-section (2)."
(ii) In sub-section (5), in the proviso for the words "two hundred rupees" the words "four hundred rupees" or such higher fee not exceeding ten times of the additional fee payable under clause (b) of sub-section (3) as may be notified by the State Government from time to time shall be substituted. [U.P. Act No. 8 of 2000]
Uttarakhand. - In principal Act sub-section (1) of Section 3 shall be substituted as follows, namely -
3. Registration and fees. - (1) Upon such memorandum and its digitally signed copy being filed alongwith particulars of the address of Society office which will be registered address, by the Secretary of the Society on behalf of the persons subscribing to the memorandum, the Registrar shall certify under his digital signature that the society is registered under this Act. For every such registration fees of five thousand five hundred and fifty rupees shall be paid to Registrar. For every such registration for Youth/Women Mangal Dal, Women Group/Community Group fees of fifty rupees shall be paid.
Provided further that the State Government may, by notification in the Official Gazette, increase from time to time the fee payable under this sub-section.
Provided further that the Registrar may, in his discretion, issue public offline notice or issue offline notices to such persons as he thinks fit inviting offline objections, if any against the proposed registration and consider all objections that may be received by him before registering the society.
The prescribed fee of registration shall be submitted online after the online approval of registration by the Registrar. After depositing the prescribed fees, the digitally signed Society Registration Certificate shall be downloaded by the applicant. [Uttarakhand Act No. 4 of 2019].
Assam. - In the principal Act, in section 3, for the words and punctuation marks "of fifty rupees, or such smaller fee as the State Government may, from time-to-time direct;", appearing in between the words "fee" and "and", the words and punctuation marks "at such rate, as the State Government may, by notification in the Official Gazette, fix, from time-to-time" shall be substituted. [Assam Act No. 12 of 2019].
In the principal Act, after section 3A, the following new sections 3B, 3C and 3D shall be inserted, namely, -
3B. Validity of registration. - Subject to compliance with the provisions of section 4, a certificate of registration issued under section 3 shall remain valid for a period of three years from the date of issue, but shall be subject to renewal for further periods of three years at a time in accordance with the provisions of section 3C :
Provided that no such registration shall be renewed if the provisions of section 4 has not been complied with in full.
3C. Renewal of registration. - (1) A society registered under section 3 shall, on application made to the Registrar within the validity period of registration or within one month of the expiration of the validity period of registration referred to in section 3B and on payment of the fee as fixed under section 3, and on filing the required documents as specified in the website https://rfsfinance.assam.gov.in be entitled to have its certificate of registration renewed for three years at a time, subject to compliance of section 4.
(2) The Register may refuse to renew the registration of a society, -
(i) if such society files the application for renewal of registration beyond one month of the expiration of the validity period of registration as referred to in section 3B :
Provided that the Registrar may condone the delay in filing application for renewal by a society upto one year of the expiration of validity period of registration, if he is satisfied on an application for condonation of delay filed by the society and on payment by the Society an additional fee equal to the amount of fee fixed for renewal of registration as under sub-section (1) of this section that the society was prevented by sufficient cause in filing the application within the validity period of the registration :
Provided further that in case of rejection of the application for condonation of delay, the Registrar shall give the society concerned a reasonable opportunity of being heard and pass a speaking order;
(ii) if after giving an opportunity of being heard, he is satisfied that any of the grounds as mentioned in sections 3A and 4 exists for refusal of renewal of registration.
(3) There shall be paid to the Registrar with every application for renewal of the certificate of registration, -
(a) a fee equal to the registration fee payable under section 3 if such application is filed within the period specified in section 3C(1), which shall be accounted for to the State Government of Assam;
(b) an additional fee for delayed filing of application for renewal under the first proviso to clause (i) of sub-section (2) of this section, which shall be accounted for to the State Government of Assam.
(4) Every application for renewal of the certificate shall be accompanied by a list of the names, addresses and occupations of the Governors, councils, directors, committees and other governing body then entrusted with the management of the affairs of the society, elected after the registration of the society or after the renewal of certificate sought to be renewed, unless dispensed with by the Registrar for sufficient cause to be recorded in writing.
(5) In the event of refusal of renewal of registration of a society, by the Registrar under sub-section (2), the aggrieved society may prefer an appeal before the Government of Assam, in the Finance (Establishment-B) Department whose decision thereon shall be final.
3D. Effect of failure to renew registration. - A Society which fails to get its certificate of registration renewed in accordance with section 3C, its registration lapses, and it shall cease to be a registered society with effect from the actual date of expiration of its original registration or renewal thereof and its name and other particulars shall be struck off from the Register in which it was earlier registered or renewed :
Provided that no such registration shall be struck off before the expiry of twelve months from the date of expiry of the validity of the previous registration whether original or renewed.
Explanation. - For the purpose of calculating the twelve months period, the month in which the previous registration whether original or renewal, had expired shall be taken as one full month irrespective of the day of the month of such expiration of the registration or renewal." [Assam Act No. 12 of 2019].
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