Societies Registration Act in Andhra
The British passed the Societies Registration Act in India in 1860. The Act was based on The Literary and Scientific Institutions Act, which was passed in England in 1854.
The main Act is simple enough. However, the states have power (Charitable and Religious institutions fall under state list) to amend the main Act for their own state. Many states have amended the main Act, These amendments cause confusion in section references such as Section 4A for Bihar is different from section 4A for Goa. Others have passed their own independent Act.
It has proved very complex task to get the latest amendments for each state. Therefore, please reconfirm the information presented here before taking any important decisions.
Two Acts are applicable in Andhra Pradesh:
Telangana Area: A.P. (Telangana Area) Public Societies Registration Act, 1350-Fasli. This Act was passed by the Nizam in 1940 and continues to apply today also.
Rest of the state: Societies Registration Act, 1860, as amended by the state from time to time
Telangana Area
[A.P. (Telangana Area) Public Societies Registration Act, 1350 F]
Telangana Area includes the districts of Adilabad, Hyderabad and Secunderabad, Ranga Reddy, Karimnagar, Khammam, Mehbubnagar, Medak, Nalgonda, Nizamabad, and Warangal.
Registration
By filing Memorandum of Association and certified copy of Rules and Regulations along with a fee of Rs.50/-. Any five persons can get a society registered under the Act. All documents to be filed with the Inspector General of Registration and Stamps, Andhra Pradesh (Sec. 3).
Alteration
You can alter the objects of the society, or merge with another society. For this, you have to convene two special meetings of general body. Two-thirds of the members have to approve the change in both the meetings (Sec. 9). The time gap between the two meetings is not given. However, this is generally one month. Any alteration should be reported to the Inspector General of Registration and Stamps, Andhra Pradesh.
List of Governing Body Members
File it every year within two weeks of annual general meeting. If general meetings are not held, file this in the month of Azur (Iranian Calendar) with the Inspector General of Registration and Stamps, Andhra Pradesh (Sec. 5).
Accounts
No specific provisions.
Dissolution
At least two-thirds of the general body members have to vote for dissolution of the society at a special meeting. Government's consent is also required, if the government is a member or a contributor or interested in the society (Sec. 10).
The Government can issue an order to merge two societies or divide or dissolve the society (Sec. 18, 1928). However, in all the cases, the Government has to write to the society. In case of merger or division, the Government has to write about the proposal. In case of dissolution, the Government has to issue an order giving reasons for dissolving it.
In both the cases, the Government should also consider any arguments by the society against the proposed order within a reasonable time.
Disposal of Property upon dissolution
A society's property cannot be distributed among its members. Three-fifths of the members present at the time of dissolution can decide to give the property (left after satisfaction of all debts and liabilities) to another society (Sec. 12).
Others
Any one can see the documents of the society on payment of Re.1. Copies can be taken and also can be certified by Inspector General of Registration and Stamps, Andhra Pradesh (Sec. 15).
Andhra and Rayalaseema Region
[Societies Registration Act, 1860 as amended by President's Act No.10 of 1954]
Andhra region includes the districts of East / West Godavari, Guntur, Krishna, Machilipatnam / Nellore, Prakasam, Srikakulam, Viskhapatnam, Vijayanagaram.
Rayalaseema Region includes the districts of Anantapur, Chittoor, Cuddapah and Kurnool.
Registration
By filing Memorandum of Association and certified copy of Rules and Regulations along with a fee of Rs.50/- (Sec. 3). All documents to be filed with the Inspector General of Registration.
Alteration
You can alter the objects of the society, or merge with another society. For this, you have to convene two general body meetings (at interval of one month). Three-fifths of the members have to approve the change (Sec. 12).
List of Governing Body Members
File it every year within 14 days of annual general meeting. If general meetings are not held, file this in the month of January with the Inspector General of Registration (Sec. 4).
Accounts
No specific provisions.
Dissolution
At least three-fifths (60%) of the general body members (60% of the total members and not just 60% of the members present at the meeting) have to vote for dissolution of the society at a special meeting. Government's consent is also required if the government is a member or a contributor or interested in the society (Sec. 13).
The Government can issue an order to merge two societies or divide or dissolve the society [Sec. 23, 24 - These two sections apply only to the societies financed mainly by State Government (Sec. 21)]. However, in all the cases, the Government has to write to the society. In case of merger or division, the Government has to write about the proposal. In case of dissolution, the Government has to issue an order giving reasons for dissolving it.
In both the cases, the Government should also consider any arguments by the society against the proposed order within a reasonable time.
Disposal of Property upon dissolution
A society's property cannot be distributed among its members. Three-fifths of the members present at the time of dissolution can decide to give the property (left after satisfaction of all debts and liabilities) to another society (Sec. 14).
Others
Any one can see the documents of the society on payment of Re.1. Copies can be taken and also can be certified by Inspector General of Registration (Sec. 19).
