Chhattisgarh · Act 44 of 1973

The Chhaittsgarh Society Registrikaran Adhiniyam, 1973.

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M.P. SOCIETY REGISTRIKARAN ADHINIYAM, 1973 
(No.44 of 1973) 

  
Received the assent of the Governor of the 29th September, 1973, 

assent first published in the "Madhya Pradesh Gazette" (Extraordinary), 
dated the 11th October, 1973). 
 An Act to consolidate and amend the law relating to 
registration of literacy, scientific, education, religious, charitable or 
other societies, in Madhya Pradesh.  
 Be it enacted by the Madhya Pradesh Legislature in the Twenty-
fourth Year of the Republic of India as follows : 
 

CHAPTER –I 
Preliminary 

 
1. Short title, extend and commencement :- (1) This Act may be 
called the Madhya Pradesh Society Registrikaran Adhiniyam, 1973. 

(2) It extent to the whole of Madhya Pradesh.  
(3) It shall come into force on such date as the State 

Government may, by notification, appoint in this behalf. 
(From 1.12.1973). 

2. Societies to which Act applies :-  This Act applies to 
societies formed for all or any of the following purposes :- 

(i) promotion of science, education, literature of fine arts; 
(ii) diffusion of useful knowledge; 
(iii) diffusion of political education ; 
(iv) foundation or maintenance of libraries or reading rooms for 

general use among the members or upon to the public; 
(v) establishment and maintenance of galleries of paintings and 

other works of art; 
(vi) establishment and maintenance of public museums; 
(vii) collection of natural history, mechanical and philosophical 

inventions, instructions or designs; 
(viii) promotion of social welfare; 



(ix) promotion of religious or chartable purpose including 
establishment  of funds for welfare of military orphans 
welfare of political suffers and welfare of the like; 

(x) promotion of gymnastics; 
1[(xi) promotion and implementation of different schemes 

sponsored by the State Government or the Central 
Government; 

(xii) promotion  of Commerce, Industries and Khadi.] 
 
3. Definitions :- In this Act unless the context otherwise requires,- 

(a) "Government body of a society"  means the Governors, 
Council Directors, Committee, Trustees of other body by 
whatever name, called to whom by the regulations of the 
society management of its affairs is entrusted; 

 
(b) "Member of a society"  means a person who have been 

admitted in the society according to the regulations thereof 
continues for the time being to be a member of the society – 
(i) having paid subscription; 
(ii) having signed the roll or list of members; and  
(iii) having not resigned ; 

in accordance with regulations of the society ; 
 
(c) "Registrar" means the Registrar of societies appointed 

under sub-section (1) of the said section 4 and includes  an 
Additional, Joint, Deputy and Assistant  Registrars of 
Societies appointed  under sub-section (2) of the said 
section when exercising or performing all or any of the 
powers or duties of the Registrar; 

 
(d) "Regulations of a society"  means registered regulations 

of the society for the time being in force; 
(e) "Society" means a society registered of deemed  to have 

been registered under this Act; 
1[(f) "State Aided Society"  means a society which receives or 

has received aid, grant or loan or has received land or 
building or both on concessional rates and other facilities 
from the Central Government  or State Government or any 
Statutory Body.] 



2[3A, Saving or existing societies – A society registered or 
deemed to be registered under the Act repealed under 
Section 44 shall be deemed to have been registered under 
this Act.] 

 
CHAPTER –II 

Registrar of Societies and other Officers. 
 
4. Registrar of Societies and other officers – (1) The State 
Government may by notification, appoint a person to be called the 
Registrar of Societies who shall exercise such powers and shall perform 
such duties and functions as are conferred by or under the provisions of 
this Act and shall, subject to such general of special orders as the State 
Government may make, superintend the administration and carry out the 
provisions of this Act throughout the State. 
 
 (2) The State Government may also by like notification appoint 
persons to by called Additional, Joint, Deputy and Assistant Registrar of 
Societies for such areas as may be specified in the notification and 
empower them to exercise power and to perform duties under all or any of 
the provisions of this Act as may be specified in the notification. 
 

CHAPTER –III 
Registration  

 
5. Societies formed by memorandum of Association and 
Registration  ; Any seven or more persons associated, for any literary, 
scientific, educational, religious or charitable purpose, or for any such 
purpose as is described in Section 2 may be subscribing their names to a 
memorandum of association and filing the same with the Registrar, form 
themselves into a Society under this Act.  
6. Requirements with respect to memorandum of association – 
(1) The memorandum of association of every society shall state -  

(a) the name of the society; 
(b) the objects of the society; 
(c) the location of the head office of the society; 
(d) the names, addresses, and occupations of the Governors, 

Council Directors Committee or other governing body to 



whom by the regulations of the society the management of 
its affairs is entrusted. 

(2) No name shall be proposed in the memorandum of association 
– 
(a) as is identical with or too nearly resembles the name by 

which a society in existance has been previously registered 
anywhere in the State; or  

(b) which has as its component – 
(i) such words has may suggest  or may be calculated to 

suggest the patronage of the Government of India or 
the Government or a State; or  

(ii) such words as National, Inter-National or Universal 
importance or such other words as the State 
Government may, from time to time by notification, 
specify; or  

(iii) such words as in the opinion of Registrar, likely to 
mislead the public . 

(3) A copy of the regulation of the  society, certified to a correct 
copy of not less than three of the members of the governing body 
shall be filed with the memorandum of association. 
(4) The persons by whom or on whose behalf such memorandum is 
submitted shall furnish such further information in regard to the 
society as the registrar may require. 
7. Registration – It the Registrar is satisfied that a society has 
complied with the provision of this Act and the rules made 
thereunder and that its proposed regulations are not contrary to the 
said provisions he shall register the society and its regulations on 
payment of such fee as may be prescribed and shall issue a 
certificate of registration. 
8.      Evidence of registration  - A certificate of registration 
signed by the Registrar shall be conclusive evidence that the 
society therein mentioned is duly registered unless it is proved that 
the registration of the society has been cancelled. 
9. Regulation of society -  The regulation of a society may 
provide for -  
 (i) the conditions of admission of members; 

(ii) the liabilities of members to fines and forfeitrues 
under certain circumstances; 

(iii) the consequences of non-payment of any subscription 
or fine, the resignation and expulsion of members; 



(iv) the appointment and removal of trustees and their 
powers; 

(v) the manner of appointing and removing the governing 
body and the powers of such body; 

(vi) the time and place of annual meeting and other 
meetings of the society; 

(vii) the manner in which notice of such meetings may be 
given; 

(viii) the quorum necessary for the transaction  of business 
of meetings of the society; 

(ix) the manner of making, altering and rescinding 
regulations; 

(x) the investment of funds, keeping of accounts and for 
an annual or periodical audit of accounts; 

(xi) the manner of dissolving the society; 
(xii) the determination after dissolution that property be 

utilised by Government according to Section 36; 
(xiii) Matters, to be provided by byelaws and the manner in 

which they shall be made; and  
(xiv) such other matters as may be through expendient, 

having regard to the nature and objects of the society. 
 

10. Amendment of Memorandum or regulation or byelaws of 
registered society – (1) No amendment of memorandum of 
association or regulations of a registered society shall be valid until 
the amendment has been registered under this Act. 
1[(2)   Every proposal for such amendment shall be forwarded to 

the Registrar in such form together with such fee as may be prescribed]  
and if the Registrar is satisfied that the amendment is not contrary to this 
Act or the rules made thereunder, he may, if he thinks fit, register the 
amendment. 

(3) Where an amendment is registered under sub-section (2), 
the Registrar shall issue to this society on payment of a fee specified in 
Section 29 a copy of the amendment certified by him which shall be 
conclusive evidence that the same is duly registered. 

11. Power of Registrar to amend memorandum of regulation 
etc. of a society -  Notwithstanding anything contained in this Act or the 
rules made thereunder, if the Registrar considers that an amendment of 
the memorandum of association or regulation or byelaws of a society is 
necessary or desirable in the interest of the society, he may, by an order 



in writing, to be served on the society in the prescribed manner, require 
the society to make the amendment within such time as may be specified 
in such order. 

(2) If the society fails to make any such amendment within the 
time specified  by the Registrar in his order under sub-section (1) the 
Registrar may, after giving the society an opportunity to state its 
objections, if any -  

(a) register such amendment to the memorandum of association 
or regulations and send a certified copy thereof to the 
society; or  

(b) make such amendment to the byelaws and send a certified 
copy thereof to the society; 

and thereupon such amendment to memorandum of association or 
regulations or byelaws shall be binding on the society and its members. 
 12. Change of name of society -  Subject to the provisions of 
section 14 any registered society may, with the consent of not less then 
two-thirds of the total number of its members by a resolution at a general 
meeting convened for the purpose, change its name. 
 13. Notice of change of name -  (1) A copy of the resolution 
passed under Section 12 shall be sent to the Registrar. 
 (2) If the Registrar is satisfied that the provisions of this Act is 
respect of change of name have been complied with and that the 
proposed  name is in conformity with the provisions of sub-section (2) of 
section 6, he shall enter the new name is the register in place of the 
former one and issue a certificate of name shall be complete and effective 
only on issue of such a certificate. 
 (3) The Registrar shall also the necessary alteration in the 
memorandum of association of the society . 
 (4) The Registrar shall charge a fee of rupee one for any copy of 
certificate issued under sub-section (2) and all fees so paid shall be 
accounted for to the State Government. 
 14. Effect of change of name -  The change in the name of the 
society shall not affect any rights or obligations of either the members who 
were admitted prior to the change or of the society or render defective any 
legal proceeding  by or against the society. 
 15. Societies enable to alter, extend or abridge their 
purposes -  Whenever it shall appear to the governing body of any 
registered society which has been established for any particular purpose 
or purposes that it is advisable to alter, extend or abridge such purpose to 
or for other purposes within the meaning of this Act, or to amalgamate 
such society either wholly or partially with any other society, such 
governing body may submit the proposition to the members of the society 



in a written or printed report and may convene a special meeting for the 
consideration thereof according to the regulations of the society : 
 Provided that no such proposition shall be carried into effect unless 
such report  shall have been delivered or sent by post to every member or 
the society, ten days previous to the special meeting convened by the 
government body for the consideration thereof, and unless such 
proposition shall have been agreed to by the votes of three-fifths of the 
members present at a second special meeting convened by the 
government body at an interval of one month after the former meeting. 

_______________ 
 

CHAPTER –IV 
Members, their Rights and Privileges 

 
16. Register of Members – (1) The subscribers of the memorandum of 
association shall be the first members of the society. 
 (2) Every society shall maintain at its head office a register of its 
members and shall enter therein, the following particulars, namely :- 
 1[(a) name, address and signature with date of each members;] 
 (b) the date on which the members are admitted; 

(c) the date on which the members ceased to be members. 
(3) The register of members shall be prima facie evidence of the 
membership of the society and of all matters entered therein: 
 Provided that no members whose subscription for the time 
being in arrear for a period exceeding six months shall be entitled 
to vote in any proceedings of the Society under this Act. 
[(4) If entries are not made in the register of members within 
thirty days of the admission of a member or cessation of 
membership, 2[every office bearer in default shall be punishable 
with fine which may extend to five hundred rupees.] 
 
17. Members liable to be sued as strangers -  (1) Any 
member of registered society who may be in arrear of subscription 
which according to the regulations of  the society he is bound to 
pay or who shall posses himself of or detain any property of the 
society in a manner or for a time contrary to such regulation or shall 
injure or destory any property of the society may b sued for arrear 
or for the damage occurring from such detention, injury or 
destruction of property in accordance with the provisions of this Act. 



 (2) If the defendant shall be successful in any suit or 
other proceeding brought against him at the instance of the society, 
and shall be adjudged to recover his costs, he may elect to proceed 
to recover the same from the officer in whose name the suit shall 
be brought, or from the society and in the latter case shall have 
process against the property of the said society in accordance with 
the provisions of this Act. 
 18. Members guilty of offences punishable as 
strangers -  Any member of Society, who shall steal, purloin or 
embezzle any money or other property, of such society, or shall 
forge any deed, bound, security for money receipt, or other 
instrument, whereby the funds of the society may be exposed to 
loss shall be subject to the same prosecution, and if convicted shall 
be liable to be punished in like manner as any person other than a 
member would be subject and liable to in respect of the like 
offence. 
 19. Recovery or penalty accruing under byelaw -  
Whenever by any byelaw duly made in accordance with the 
regulations of the society any pecuniary penalty is imposed for the 
breach of any regulations of byelaws of the society such penalty, 
when accrued, may be recovered in any court, having jurisdiction 
where the defendant shall reside, or the society shall be situated, 
as the governing body thereof shall deem expedient. 

___________ 
 

CHAPTER –V 
Property and funds of societies 

 
20. Property of society how vested - The  property, movable 
and immovable, belonging to society registered under this Act, if 
not, vested n trustees, shall be deemed to be vested for the time 
being in the governing body of the such society and in all 
proceedings civil and criminal, may be described as the property of 
the governing body of the society by their proper title. 
 
21. (1) Society not to acquire or sell of transfer immovable 
property without prior permission of Registrar  -  No immovable 
property shall be acquired of transferred by sale, gift or otherwise 
by the society without the prior permission of the Registrar in 
writign. 
 1[(2)  The property acquired or transferred shall not utilised 
for any object other than the object of the society unless permission 



from the Registrar have been obtained and in case of gift written 
consent of the donor has also been obtained. 
 (3) The application for permission under sub-section (1) 
and (2) shall be in such form with such documents together with 
such fee as may be prescribed. 
 (4) Where the society violates the provision of sub-
section (1) or (2), the society shall be liable to deposit such amount 
as may be prescribed within three months from the date of notice 
issued by the Registrar and if the society fails to deposit the amount 
within the aforesaid time, the society shall be treated as defunct 
under Section 34.] 
 22. Suit by and against societies -  Every society may 
sue or be sued in the name of the President or Chairman or 
Principal Secretary or the trustees as shall be determined by the 
regulation of the society and in default of such determination, in the 
name of such  person as such be appointed by teh governing body 
for the occasion. 
 Provided that it shall be competent for any person having a 
claim or demand against the society to sue the President or 
Chairman or Principal Secretary or the trustee thereof, if on 
application to the governing body some other officer of person be 
not nominated to be the defendant. 
 23. Suit not to abate -  No suit or proceeding in any Civil  
Court shall abate or discontinue by reason of the person by  or 
against whom such suit or proceeding shall have been brought or 
continued, dying or ceasing to fill the character in the name whereof 
he shall have sued or been sued, but the same suit or proceedings 
shall be continued in the name of or against the successor of such 
person. 
 24. Enforcement of judgment against society -  (1) If a 
judgment shall be obtained  against the person or officer named on 
behalf of the society, such judgment shall not be enforced against 
the property, movable or immovable, or against the body of such 
person or officer, but against the property of the society . 
 (2) The application for execution shall set forth the 
judgment the fact of the party against whom it shall have been 
obtained having sued or having been sued, as the case may be, on 
behalf of the society only, and shall require to have the judgment 
enforced against the property of the society. 

25. Books of accounts to be kept by the society -  (1) 
Every society shall keep at its head office proper books of accounts 
with respect to :- 



(a) all sums of money received and expended by the 
society and the matter in respect of which the receipt 
and expenditure take place; and  

(b) the assets and liabilities of the society. 
(2) The books of accounts shall be open to inspection by 

the office or members of the society or the Registrar during the 
office hours of the society. 

(3) For the purpose of sub-section (2) proper books of 
accounts shall not be deemed to be kept with respect to the matters 
specified therein, if they do not give a true and fair view of the State 
of affairs of the society and explain its transactions. 

26. Registrar's power to seize record etc.  – (1) Where 
the Registrar is satisfied that :- 

(a) the records, register or the book of accounts of a 
society are likely to be tempered with or destroyed 
and the funds and the property of a society are likely 
to be misappropriate or misapplied; or  

(b) if the governing body of a society is reconstituted at a 
general meeting of the society and outgoing members 
of the governing  body  refuse to hand over charge of 
the records and property of the society to those 
having  to or entitled to receive such charge, the 
Registrar may issue an order directing a person duly 
authorised by him in writing to seize and take 
possession of such book and records, funds and 
property of the society and the officer or officers of the 
society responsible for custody such books, records, 
funds and property shall give delivery thereof to 
person so authorised. 

(2) In order to secure compliance of the order under sub-
section (1), the Registrar may take or cause to be taken such steps 
and use of or cause to be used such minimum force including 
Police Force as may be considered necessary. 

_______________ 
 

 CHAPTER –VI 
Annual Returns, Audit, Inspection and Supervision  

 
2[27. Annual list of governing body to be filed – Once in every year, 
or before the forty-fifth day on which according to the regulations of the 
society the annual general meeting of the society is held or if the 



regulation do not provide for an annual general meeting, then within forty 
five days of the 31st day of January a list of the full names, permanent 
addresses and chief occupations and other if any, with signature of the 
governing body shall be filed with the Registrar by the President or 
Secretary in such form with such documents together with such fee as 
may be prescribed :- 
 Provided that the Registrar may, for reasons to be recorded in 
writing, grant further time not exceeding fifteen days for compliance :- 
 Provided further that if the Society fails to file the list within the 
prescribed time limit or within the extended time, it may file the same 
within theirty days from the last day of the prescribed time or extended 
time, as the case may be, with such late fee as may be prescribed.] 
 2 [28. Audit and Inspection -  (1) Every Society shall send to the  
Registrar a statement  of income and expenditure with full particulars duly 
audited by its Auditor, audit report and balance-sheet of the previous year 
alongwith  details of all financial activities together with such fee as may 
be prescribed within ninety days from the date of annual general meeting 
of the society or from 30th day of April every year where the regulation do 
not provide for an annual general meeting. If the society fails to sent the 
aforesaid statements within the stipulated time the society shall be liable 
to pay late fee as may be prescribed. On receipt of such statement, the 
Registrar shall verify the statements and shall ensure that the funds have 
been utilised for the promotion of the society and its objects and he may 
also issue such instructions in respect of utilisation of funds as he may 
think fit : 
 Provided that accounts of such society having annual transaction 
exceeding one lac rupees shall be submitted to the Registrar duly audited 
by Chartered Accountant .] 
 (2) If the Registrar thinks it necessary to undertake a special 
audit he may audit or cause to be audited by some person authorised by 
him by general or special order in writing in this behalf  the account of any 
society. 
 (3) Any person authorised by general or special order in writing 
in this behalf by the Registrar shall at ll time have access to all the books 
of accounts and other papers of a society and every officer of the society 
shall furnish such information in regard to the account and working of the 
society as the person making such inspection may require. 
 1[29. Inspection of documents -  Any person  may inspection all 
or any of the document filed with the Registrar under this Act or require 
copy of extract of any such document to be certified by the Registrar by 
filing an application together with such fee as may as may be prescribed 
and such certified copy shall be Prima facie evidence of matter therein 
contained in all legal proceedings whatsoever.] 



 30. Power to enforce attendance etc. -  The registrar shall 
have power summon and enforce the attendance of witnesses including 
the parties interested or any of them and to compel them to give evidence, 
and compel production of documents by the same means  and as far as 
possible in the same manner as is provided in the case of civil court by the 
code of civil procedure 1908 (No.5 of 1908) . 
 31. Power of Registrar to call for information – (1) Where on 
perusing any document which a society is required to submit to him under 
this, the Registrar is of the opinion that any information or explanation is 
necessary in order that such document may afford full particulars of the 
matter to which it purports to relate he may be written order call on the 
society submitting the documents to furnish in writing such information or 
explanation within such time as he may specify in the order. 
 (2) On receipt by the society of the order under sub-section (1) it 
shall be the duty of the society and of all persons who are officers of the 
society to furnish such information to the best of their power. 

_______________ 
 
 

CHAPTER –VII 
Enquiry and Supersession 

 
32. Enquiry and settlement of disputes  – (1) The Registrar 

may, on his own motion  or on an application made under sub-section (2) 
either by himself or by a person authorised by him, by order in writing, 
hold an enquiry into the constitution, working and financial conditions of a 
society. 
 (2) An enquiry of the nature referred to in sub-section 91) shall 
be held on the application 1[together with an affidavit in support of its 
contents ]- 

(a) a majority of the members of the governing body of the 
society; or  

(b) not less than one-third of the total number of members f the 
society. 

(3) The registrar or the person authorised by him under sub-
section (1) shall for the purpose of an enquiry under this section have the 
following powers, namely :-  

(a) he shall at all times have free access to the books, accounts, 
documents, securities, cash and other properties belonging 
to, or in the custody of the society and may summon any 



person in possession, or responsible for the custody of any 
such books, accounts, documents , securities, cash or other 
properties to produce the same, if they relate to the head 
office of the society at any place at the head-quarter thereof 
and if they relate to any branch of the society, at any place in 
the town wherein such branch thereof is located or in his 
own office; 

(b) he may summon any person whom he has reason to believe 
has knowledge of any of the affairs of the society to appear 
before him at any place at the head-guarters of the society 
or the society or any branch thereof or in his own office and 
may examine such person on oath; and  

(c)       (i) he may notwithstanding any regulation or byelaw 
specifying the period of notice for a generally meeting 
of the society, require the officers of society to call a 
general meeting of the society at such time at the 
head office of the society or at any place at the head 
quarter of the society and do determine such matters 
as may be directed by him and where the officers of 
the society refuse or fail to call such a meeting, he 
shall have power to call it himself . 

(ii) any meeting called under sub-clause (1) shall have all 
the powers of a general meeting called under the 
regulations or byelaws of the society and its 
proceedings shall be regulated by such byelaws. 

2[(4)  When an enquiry is made under this section the Registrar 
shall communicate the result  of the euquiry to the society and may issue 
appropriate directions to the society, which shall be binding on all parties 
concerned.] 

33. Supersession of governing  body -  If, in the opinion of the 
State Government, governing body of any State aided society :-  

(a) persistently makes default or is negligent in the performance 
of the duties imposed on it by or under this Act regulations or 
byelaws of the society or by any lawful order passed by the 
State Government or Registrar or is un-willing to perform 
such duties; or  

(b) Commits acts which are prejudicial to the interest of society 
or its members; or  

(c) is otherwise not functioning properly; 
the State Government may, by order in writing remove the governing body 
and appoint a person or persons to manage the affairs of the society for a 
specified period not exceeding two year in the first instance. 



 Provided that where it is proposed to remove the governing body of 
the society exclusively on the ground that election to the governing body 
were not held in accordance with the provisions of this Act or the 
regulations or byelaws made thereunder, no action shall be taken under 
this sub-section unless the Registrar or an officer authorised by him in this 
behalf has convened a meeting of General body for conducting the 
election thereto in accordance with the provision of this Act, or the 
Regulations or byelaws made thereunder but has failed to get the new 
governing body elected :  
 Provided further  that the Registrar or the officer authorised by 
shall, for the purpose of conducting election, have all the necessary power 
under the Act or the Regulations or byelaws made thereunder . 
 (2) No order under sub-section (1) shall be made unless the 
governing body has been given a reasonable opportunity of showing of 
showing cause against the proposed order and representation, if any, 
made by it, is considered. 
 (3) The period specified in the order under sub-section (1) may, 
at the discretion of the State Government, be extended from time to time : 
 Provided that no such order shall remain in force for more than 
three years int he aggregate. 
 (4) The person or persons so appointed shall, subject to the 
control of the Registrar and such instructions as he may from time to time 
give, have power to exercise all or any of the functions of the governing 
body or of any officer of the society, and to take all such actions as may 
be required in the interest of the society. 
 (5) The State Government may fix the remuneration payable to 
the person or persons so appointed. The amount of such remuneration 
and other costs, if any, incurred in the management of the society shall be 
payable from its funds. 
 (6) The person or persons so appointed shall at the expiry of the 
period of his or their appointment, arrange for the constitution of a new 
governing body in accordance with the regulations of the society. 
 (7) If there is a difference of opinion between the general body 
of the society and person or persons appointed under sub-section (1) in 
respect of any matter it shall be referred to the Registrar for decision and 
his decision thereon shall be final. 
 (8) During the period between the issuance of notice and the 
passing of an order removing the governing body may be required by the 
State Government to function under the supervision and with the approval 
of such authority as the State Government may specify in this behalf and 
no order made or resolution passed or any other act performed by the 
governing body, shall be effectual unless it is approved by such specified 
authority.  



_____________ 
 

CHAPTER –VIII 
Dissolution of Societies 

 
34. Provision for dissolution of societies and adjustment of their 
affairs  – (1) Any  number not less than three-fifths of the members of any 
society may determine that it shall be dissolved and thereupon it shall be 
dissolved forthwith, or at the time when agreed upon and all necessary 
steps shall be taken for the disposal and settlement of the property of the 
society, applicable thereto liabilities according to the regulations of the 
said society applicable thereto it any, and if not, then as the governing 
body shall find expedient : 
 Provided that, in the event of any dispute arising among the said 
governing body or the members of the society, the adjustment of its affairs 
shall be referred to the principal Court of original civil jurisdiction of the 
district which the Chief building of the  Society is situated, and the court 
shall make such order in the matter  as it shall deem it.  
 Provided further that no society shall be dissolved unless three-
fifths of the members shall have expressed a wish for such dissolution by 
their votes delivered in person, or by proxy at a general meeting convened 
for the purpose : 
 Provided also that whenever the Government is a members of, or a 
contributor to, or otherwise interested in any society, such society shall not 
be dissolved without the consent of the government.  
 (2) The Registrar may, if no information received by him or 
otherwise is of the opinion that a society has become defunct or has been 
persistently making default in the observation of the provision of this Act, 
or the regulations or by elaws made thereunder, by a notice served on the 
society, call upon the governing body within the period specified in the 
notice which shall not be less than thirty days, to show cause as to why 
registration of the society should not be cancelled. 
 (3) The Registrar may after considering the reply received, if 
any, after the expiry of the notice period on being satisfied that no useful 
purposed is likely to be served by continuing the society by an order in 
writing cancel the registration thereof as from the date specified in the 
order and thereon society shall be deemed to have been dissolved for the 
purposes of the Act. 
 

35. Upon dissolution no member to receive profit – If upon 
the dissolution of any society, there shall remain after the satisfaction of all 



its debts and liabilities any property whatsoever, the same shall not be 
paid to, or distributed among, the members of the said society or any of 
them but shall be given to some other society, to be determined by the 
votes of not less than three-fifths of the member present personally of 
proxy at the time of the dissolution or in default thereof, by the court 
specified in Section 34: 
 Provided that this section shall not apply to any society which shall 
have been founded or establishment by the contributions of share holders 
in the nature of Joint Stock Company. 
 36. (1) Determination after dissolution that property be 
utilised by Government – Notwithstanding anything contained in Section 
35 it shall be lawful for the members of any society dissolved under 
Section 34 to determine by majority of votes of the members present 
personally or by proxy at the time of dissolution of such society that any 
property whatsoever remaining after satisfaction of all its debts and 
liabilities shall be given to Government to be utilised for any of the 
purposes referred to in Section 1.  
 1[(2) In the event of concellation of the Registration of Society under 
sub-section (3) of Section 34 the movable and immovable assets of the 
society or its institution or centres shall vest in the State Government to 
the extent of assistance, grant, aid or donation that the society may have 
received from Central or State Government or any of the Statutory Bodies. 
It shall be the duty  of the Collector or the District where the property is 
situated to take charge of the same on intimation of cancellation by the 
Registrar.] 

_______________ 
  

CHAPTER –IX 
Offence and Penalties 

37. Cognizance of offence  – (1) No Court infeior to that of a 
Magistrate of the First class shall try an offence punishable under this Act.  
 (2) No Court shall take cognizance of an offence punishable 
under this Act except upon complaint made by the Registrar or any other 
person, authorised in writing by him, in this behalf. 
 38. Penalty for non compliance of Section 30 or making 
false entry -  (1) If the President, Secretary or any other person 
authorised in this behalf by a resolution of the government body  of the 
society fails to comply with the provisions of Section 27, he shall on 
conviction be punishable with fine which may extend to five hundred 
rupees and in case of continuing breach, shall also be punishable with fine 
not exceeding fifty rupees for each day during the period the breach 
continues after fist conviction for such offence. 



 (2) If any person wilfully makes or causes to be made any false 
entry in or any omission from , the list required by Section 27 or in from 
any statement or copy of regulation or alternation s in regulation sent to 
the Registrar he shall on conviction be punishable with fine which may 
extend to two thousand rupees. 
 39. Penalty for contravention of Section 28 and 31 -  If any 
society or any person as is referred to in Section 28 and sub-section (2) of 
Section 31 refuses or neglects to furnish the information or explanation 
required thereunder the society or such person shall on conviction be 
punished with fine which may extend to twenty rupees in respect of each 
such offence. 

_____________ 
CHAPTER –X 

Appeal 
40. Appeal  – (1) 2[ An appeal shall lie –  
(a) if the order is made by the Registrar appointed under sub-

section (1) of Section 4 either in original case or in appeal 
under clause (b) to the State Government. 

(b) if the order is made by the sub-ordinate officers appointed 
under sub-section (2) of Section 4 or any other person to the 
Registrar appointed under sub-section (1) of Section 4.] 

(2) An appeal under sub-section (1) shall be filed within two 
months from the date of communication of the order  : 
 Provided that the appellate authority may admit an appeal 
after the expiry of such period if the appellant satisfied the appellant 
authority that he had sufficient cause for not preferring the appeal 
within such period. 

_______________ 
CHAPTER –XI 
Miscellaneous 

41.. Registrar and other officers to be public servants   – 
Every officers or person exercising or autorised to exercise powers under 
this Act or the rules made thereunder shall be deemed to be a public 
servant within the meaning of Section 21 of the Indian Penal Code, 1860 
(No. 45 of 1860). 

42. Indemnity for acts done in good faith -   No suit, 
prosecution or other legal proceedings shall lie against the Registrar or 
any person subordinate to him or acting under his authority, in respect of 
anything done by or purporting to have been done by him in good faith 
under this Act.  



43. Power to make rules -  (1) The State Government may 
make rules to carry out the purposes of this Act.  

(2) All rules made under this section shall be laid on the Table of 
the Legislative Assembly. 

44. Repeal -  As from the commencement of this Act, the 
Madhya Pradesh Societies Registration Act, 1959 (No. 1 of 1960) shall 
stand repealed. 
 
AMENDMENT OF M.P. SOCIETY REGISTRIKARAN ADHINIYAM, 1973 

In Respect of Ashaskiya Shikshan Sanstha 
by Act No. 20 of 1978 

 This Act will apply to Ashaskiya Shikshan Sanstha subject to 
Modifications specified in the Schedule –  

THE SCHEDULE 
(See Section – 12)  

MODIFICATIONS IN THE MADHYA PRADESH SOCIETY  
REGISTRIKARAN ADHINIYAM, 1973 

  
1. Insertion of new Section 31  – In "Chapter VII- Inquiry and 

supresession' before section 32, the following section  shall be deemed to 
be inserted, namely :-  

"31-A. In this Chapter "Registrar" shall mean Education 
officer within the meaning of clause (C) of Section 2 of the 
Madhya Pradesh Ashaskiya Shikshan Sanstha (Adhyapakon 
Tatha Anya Karmchariyon ke Vetano Ka Sandaya) 
Adhiniyam, 1978. 

 2. Amendment of Section 33-  For clause (a) of  sub-section 
(1) of section 33, the following clause shall be deemed to be substituted, 
namely :-  

"(a) Persistently makes default or negligent in the 
performance of the duties imposed on it by or under this Act, 
regulations of byelaws of the society or by under any other 
enactment for the time being in force or by any lawful order 
passed by the State Government or Registrar, or is unwilling 
to perform such duties or ". 

 3. Amendment of Section 37 – To sub-section (2) of Section 
37 following proviso shall be deemed to be added, namely :- 

"Provided that no court shall take congnizance of an offence 
punishable under sub-section (1) of Section 38, as 



substituted by Section 12 of the Madhya Pradesh Ashaskiya 
Shikshan Sanstha (Adhyapak on Tatha Anya Karmchariyon 
Ke Vetano Ka Sandaya) Adhiniyam, 1978 except upon a 
complaint made by such officer as the State Government 
may, by notification specify in this behalf". 

 4. Amendment of Section 38 -  For sub-section (1) of Section 
38, the following section shall be deemed to be substituted, namely :- 
  "(1) If the Present, Secretary or any other person 
authorised in this behalf by a resolution of the governing body of the 
Society :- 

(a) fails to comply with the provisions of Section 27; or  
(b) fails to comply with any direction given under Section 

4 or with the Madhya Pradesh Ashaskiya Shikshan 
Sanstha (Adhyapakon Tatha Anya Karmchariyon Ke 
Vetano Ka Sandaya) Adhiniyam, 1978 he shall on 
conviction be punishable –  

(i) in the case of an offence falling under clause (a), with 
fine which may extend to five hundred rupees and in 
the case of continuing breach with a further fine which 
may extend to fifty rupees for every day after the first 
during  which the breach continues ; 

(ii) in the case of an offence under clause (b) with 
imprisonment for a term which may extend to three 
months or with fine which may extend to one 
thousand rupees or with both the for the second and 
subsequent offence, with imprisonment for a term 
which may extend to five thousand rupees or with 
both." 

 
Madhya Pradesh Society Registrikaran Niyam, 19981 

Bhopal the 24th November, 1998 
 
 No. F-1(1)/42/98/a/XI-  In exercise of the powers conferred by 
Section 43 of the Madhya Pradesh Society Registrikaran Adhiniyam, 1973 
(No. 44 of 1973), the State Government hereby makes the following 
Rules, namely :- 
 1. Short title :  (1) These rules may be called  the Madhya 
Pradesh Society Registrikaran Niyam, 1998.  
 (2) They shall come into force with effect from the date of their 
publication in the Madhya Pradesh Gazette. 



2. Definitions :- In these rules, unless the context otherwise 
requires –  

(a) "Act" means the Madhya Pradesh Society Registrikaran 
Adhiniyam, 19973 (No. 44 of 1973);  

(b) "Form"  means a form appended to these rules : 
(c) "Defaulter Society"  mean, a Society making persistently 

default in compliance and performance of rules and 
regulations or any provisions of the Act or has been 
considered defunct by the Registrar under section 34 of the 
Act; 

(d) "Schedule"  means Schedule appended to these rules; 
(e) "Section "  means a Section of the Act; 
(f) "Society"  means a Society to which the Act, apples. 
3. Memorandum of Society – Every memorandum of Society 

for the registration of Society to be filled under Section 5, shall be in form I 
or in a form as near to as circumstances admit. 

4. Fees. – The fees payable under the provisions of the Act 
shall be as specified in Schedule and shall be deposited into the 
Government Treasury and a copy of Treasury Challan shall be submitted 
to the Registrar, such fee may also be deposited in the Office of the 
Registrar after obtaining the receipt thereof. 

5. Penalty -  (1) If any society violates the provisions of sub-
section (1) of Section 21, of the Act, the Society shall be liable to deposit 
the double amount of the fee payable under rule 2 and if any society 
violates the provision of sub-section (2) of section 21, the Society shall be 
liable to deposit 20% amount of the cost of property. 

(2) The late fee payable under section  27 and 28 by any society 
shall be double of the amount of the payable under Rule 4. 

6. Certificate of Registration – The Certificate of registration 
to be issued by the Registrar under Section 7 shall be in Form- II. 

7. Maintenance of Register – There shall be kept by the 
Registrar, a register containing the names of societies registered under 
the Act in Form III. 

8. Manner of Serving an order – An order under sub-section 
(1) of Section 11 shall be served on the society by Postal Certificate at the 
address of the Society mentioned in the memorandum of the society or at 
such other address given by the Society. 

9. Amendment of Memorandum Rules and Regulations of 
the Society  and Change of name -  Wherever any amendment in 
Memorandum, Rules and Regulations and change in name of the 



registered society is proposed under Section 10 and 13 the same shall be 
forwarded to the registrar in Form IV, and in case of change of name of 
any society shall return its certificate of registration to the Registration with 
Form IV, and on receipt of such certificate the Registrar shall issue a 
certificate in Form V with necessary alterations embodies therein. 

10. Application for obtaining permission for acquiring or 
transfer or immovable property -  Application for obtaining permission 
for acquiring or transfer of immovable property under Section 21 of the Act 
shall be submitted in Form VI.  

11. Annual Return – Annual Return under Section 27 shall be 
submitted in Form VII. 

12. Repeal and Saving -  The Madhya Pradesh Societies 
Registrikaran Niyam, 1975 are hereby repealed : 

Provided that any order made or any action taken under the rules 
so repealed shall be deemed to have been made or taken under the 
corresponding provision of these rules. 
 

SCHEDULE 
(See Rule 4) 

Maximum Fees 
 

(1) Under Section 7 Registration of Society  Rs. 1000.00 
(2) Under Section 7 Registration of Mahila Mandal Rs.   200.00 
(3) Under Section 7 Registration of Yuvak Mandal Rs.   100.00 
(4) Under Section 10 Each  amendment   Rs.   200.00 
(5) Under sub-section 3 of Section 21- 
 (a) Application under sub-section   2% of Purchase 
   (1)- (i) for permission to purchase and sale 5% of Sale: 
  (ii) for each gift    Rs.  5000.00 
 (b) For sub-section (2) otherwise utilizing  10% of the cost of 
plan or 
  of immovable property   Rs. 10000/- 
whichever is more. 
(6) Under Section 27 Return every year   Rs.  200.00 
(7) Under Section 28 Audited Statement every year Rs.  200.00 
(8) Under Section 29 Copies    Rs.  20.00 Per page 
Routine 
        Rs.  40.00 Per page 
Urgent 
        Rs. 100.00 
Inspection per  

Register 
        Rs. 100.00 
Inspection  



       Return/Original 
file. 

 
FORM I 

(See Rule 3) 
Memorandum of Society for Registration of Societies 

 
 1. The name of the Society shall be 
................................................................................ 
 2. The Head Office of the Society will be situated at 
.............................in Tehsil of  the ...............................District and its 
address will be ............................................................... 
 3. The objects of the Society shall be as under :- 
 (1) 
 (2) 
 (3) 
 (4) 
 4. The Management of the affairs of the Society is entrusted by the 
Regulations of the society to the Governor, Council Directors, Committee 
or Governing Body, whose names, addresses and occupation are 
specified below :- 
 
 
 
 
 
 
Serial No.  Name    Address  
 Occupation  
  (1)    (2)      (3)         (4) 
1. 
2. 
3. 
4. 
5. 
6. 
7. 
 5. One copy of the regulation of the Society duly certified as 
required by sub section (3) of Section 6 of the Madhya Pradesh Society 
Registrikaran Adhiniyam, 1973 (No. 44 of 1973) is filed with this 
memorandum of Association. 
  
 We, the several persons whose names and address are subscribed 
below are desirous of forming a Society in pursuance of the aforesaid 
memorandum of Association and have signed the memorandum in the 
presence of the witnesses as shown below :- 



 
Serial Number   Name and full address of    
 Signature 
   the subscribers with Father/Husband name 
 (1)     (2)           
(3) 
1 
2 
3 
4 
5 
6 
7 
Dated : 
 
To,  
 The Registrar of Society   Witness 
........................................ 
 .......................................   Signature 
..................................... 
 .......................................   Name  
.......................................... 
       Full Address 
................................ 
 

-------------- 
 
 
 
 
 
 
 

FORM II 
(See Rule 6) 

Government of Madhya Pradesh 
(MONO) 

Certificate of Registration of the Society 
 
No. ................... 
 
 This is to certify that the .................................Society located 
at...................in the........ Tehsil of the .....................................District has 
been registered under the Madhya Pradesh Society Registrikaran 
Adhiniyam, 1973 (No. 44 of 1973) on the ...............day of...........19...... 
 



 
Seal             
...................................... 
Registrar of Societies 
 
 

FORM III 
(See Rule 7) 

Register of Societies Registered under the Madhya Pradesh Society 
Registrikaran Adhiniyam, 1973 (No. 44 of 1973) 

 
Serial No. Name and address 

of the Society 
Date of filing the 
Memorandum of 

Association 

Date of Registration 

(1) (2) (3) (4) 
Name and 
Address of 

person 
filling the 

memorandu
m of 

Association 

No. And Date of the 
resolution for the 

change of the name 
of the society  

No. and date of 
proposal for the 

amendment in the 
regulations of the 

Society and the date of 
registration of the 

amendments  

Signatur
e of the 
Registra

r 

Remarks 

(5) (6) (7) (8) (9) 
 
 
 
 
 
 
 
 

    

 
 
 

FORM  IV 
(See Rule 9) 

Application Under Section 10 and 13 of the Madhya Pradesh Societies 
Registrikaran Adhiniyam, 1973 

 
1 Name and full Address of  Society ................................................. 
2 Registration No. and Date  ................................................. 
3 Total Number of Present members  ................................................. 
4 Under which regulation of the registered 

Regulation  of Society amendment is 
proposed.  

................................................. 

5 In which date of the executive the ................................................. 



amendment proposal of passed to how 
many members notice of meeting 
served and what is the quoram. 

6 What is the date of General meeting 
and under which rule the meeting is 
summoned. How many days notice was 
served how many members remained 
present and what was quoram of the 
meeting. 

................................................. 

7 Amendment proposal and three copies 
of the amended rules and regulations 
duly signed by three executive 
members on each page with full details 
be submitted. Please also submit 
comparative chart of the amendment 
showing the rules in which clause the 
amendments are proposed. With 
existing provisions and reasons. 

................................................. 

 
 8. The prescribed fee for amendment in the memorandum and 
"rules and regulation has been" deposited Rs. 
................................................. vide receipt No .............................. dated 
..................................Challan No. ...........................dated 
............................. original copy of the challan is enclosed. 
  
 9. I, ....................................................S/o 
...............................................Age........... (Resident) 
.................................................Designation ..............................hereby 
declare that above all informations are true according to my knowledge 
and belief, and I know giving any false information shall be punishable 
under Section 30 (2) of the Act.  
 

.....................
............... 

(Signature of President) 
-------- 

 
 
 
 
 

FORM V 
(See Rule 9) 

Government of Madhya Pradesh 
Certification of Registration of the Society  

 



No. ...................... 
  

This is to certify that the registered Society 
.................................located at................in  the ................................tehsil 
of the ...................................District has changed its name and has now 
been registered under the name of ...............................under sub-section 
(2) of Section 13 of the Madhya Pradesh Society Registrikaran Adhiniyam, 
1973 (No.44 of 1973) on the.......................day of ......................19............ 
 
Seal          
.............................. 
(Registrar of Society) 

 
FORM VI 

(See Rule 10) 
Application for seeking permission under Section 21 of the Madhya 

Pradesh 
Societies Registrikaran Adhiniyam, 1973 for acquiring immovable 

property or  
for sale, gift or otherwise. 

 
1 Name and full Address of  Society ................................................. 
2 Registration Number and Date of  the 

Society 
................................................. 

3 Full particulars of the immovable 
property of Society. 

................................................. 

4 Full particulars of the immovable 
property to be 
acquired/purchased/gift/Transfer/Sale or 
otherwise with Khasra No. Map 
ownership certificate etc. 

................................................. 

5 Reason of Sale/Purchase or otherwise 
transfer of the immovable property or 
use of the property other than the 
objects of the Society. 

................................................. 

6 Full name and address of the purchaser 
or seller of the property. 

................................................. 

7 Certificate of reasonableness of the 
value of the immovable property by the 
local competent Revenue Officer. 

................................................. 



 
8 Copies of the minutes (Resolutions) 

according to Rules and Regulations of 
the society for purchase/sale or transfer 
of the immovable property. 

................................................. 

9 If the seller/purchaser belongs to 
Schedule Tribe then the order of the 
Collector be enclosed. 

................................................. 

1
0 

Any other information if any (such as 
sources of funds etc.) 

................................................. 

1
1 

The fee for permission for purchase, 
sell, transfer etc. of the immovable 
property has been deposited Rs. 
.........................by Receipt/Challan No. 
................................ dated 
....................... Original copy of the 
challan is enclosed. 

................................................. 

 
 
 

 (Signature of the President) 
-------- 

 
FROM VII 

(See Rule 11) 
Proforma for submitting of information of Governing body list to the 

Registrar,  
Firms and Societies under Section 27 of the Madhya Pradesh 

Societies 
Registrikaran Adhiniyam, 1973 

 
1 Full name and Address of the Society  ................................................. 
2 Registration Number and Date  ................................................. 
3 Number of Present total members 

enclosed their names and addresses. 
................................................. 

4 Term of the Governing body according 
to registered Rules and Regulation 

................................................. 

5 Date of the present election and number 
of the members present and what was 
the quoram. 

................................................. 

6 On what date the present office bearers 
took charge from the past office 
bearers, enclose the list with their 
names, addresses and occupations with 
their signatures.  

................................................. 

7 Date of the last election  ................................................. 



8 Month and date of the Annual General 
meeting according to rules and 
regulation, of the society. 

................................................. 



 
9 When the last annual list was submitted. 

If not submitted what is the reason. 
................................................. 

1
0 

Enclosed minutes of this years annual 
General meeting with date 

................................................. 

1
1 

The annual fee for the list under section 
27 of the Madhya Pradesh Societies 
Registrikaran Adhiniyam, 1973 has 
been deposited Rs 
..................................vide 
Receipt/Challan No. 
.............dated................ original copy of 
the Challan is enclosed. 

................................................. 

 
 

DECLARATION OF  PRESIDENT 
 

 I, .................................................................S/o 
...........................................aged............ years as authorised office bearer 
hereby declare that the above information is true to the best of my 
knowledge and belief and I know that giving any false information, shall be 
punishable under Section 38 (2) of the Act.  
 

Signature of President 
O

r   
Signature of Secretary. 

 
 

By order and in the name of the Governor of Madhya Pradesh, 
A.N.TIWARI, Dy.Secy. 

 
 Notification No. F-73-51-78-1-9-XX, dated the 7th December, 
1973, In excercise of the power conferred by the proviso to sub-section (2) 
of Section 37 of the Madhya Pradesh Society Registrikaran Adhiniyam,. 
1973 (No. 44 of 1973), as modified by Section 12 of the madhya Pradesh 
Ashaskiya Shikshan Sanstha (Adhyapakon Tatha Anya karmchariyon Ke 
Vetano Ka Sandaya) Adhiniyam, 1978 (No. 20 of 1978), the State 
Government hereby specifies all Collectors and such Deputy Collectors as 
may be authorised in witing by the Collector concerned for purpose of 
making complaint under the said proviso. 
 
 

   


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Chhattisgarh
Enactment date
1973-09-29
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