Dissolution by member
A Society can be dissolved on the request of the member of the
society. Not less
than three-fifths of the member of the particular society will decide that the
society will be or not. If the more than three-fifths of the member of the
society give assent for the dissolution for the society than the society will be
dissolved.
Then the process will be started and all the necessary steps shall be taken for
the settlement and dispose off the property and the assets and liabilities of
the society as per the rules and regulation of the society.
If any government is a member of the society or contributor to the society or
interested in the society. The society will not be dissolved until the
government has given permission.
Dissolution by Court:
A court may also give the order of dissolution on the request of the
registrar
made under section 13-A OR 24 or An application was made by not less one-tenth
of the total member of the society registered under the act.
The grounds on which court may order for dissolution given below:
- a- That the society has contravened the provision of the Society registered
under this Act or any other law which is applicable at the society at the
time being force.
- b- The number of society is less than seven.
- c- The registration of the society has been cancelled under section 12-D of
the act, that his activity is against the public policy.
- d- That the society is unable to pay his bank loan, debt and liabilities.
- e- That the society has ceased the functions of the society.
- f- On the application was made by the District Magistrate that society was
disturbing the public and causing public nuisance.
Disqualification for holding office in Society:
A member may not hold his office in the society if he comes under the
following circumstances:
- a- He is an undischarged insolved.
- b- He is of unsound mind.
- c- He has connected an offence of moral turpitude.
- d- He has convicted any offence which has connection with the
formation, affair, promotion, management of the society or conduct
any affair of the society.
If any person comes in above conditions then he is not eligible to become
president, secretary, or any other officer bearer of the society.
Audit and power of registrar to call for information
Audit
Audit is not generally compulsory in the case of Society, Not
contradicting any
section 4 (2) or section 22 of the act. If registrar may think fit that is
importance to do, So then Registrar may by written order give order to society
to furnish its books of account or copy of the statement of expenditure and
receipts for any particular year which is duly audited by the Charted
Accountant.
If society make request to registrar, Then Registrar may give permission to
furnish its books of account or copy of the statement of Expenditure or Receipt
to be audited by any person which is approved by him.
If the society does not provide its books of account or statement of expenditure
and receipt within the time period or extended time period from time to time by
registrar, Then Registrar may causes books of audited for such period and
recover the cost from the society.
If the society fails to produce document or refuses to produce the document,
then Registrar may take action against the Society.
Power of Registrar to call for information
If the Registrar may think necessary, then Registrar by written order
give
society to furnish the document filled by it or any other document which is
compulsory to prepared by the Society or related to the society.
Not less than two weeks from the date of receipt of order Society have to
furnish the document.
It is the duty of the President of the Society, Secretary of the Society or any
other person authorized by the society to furnish the document after receiving
it.
Investigation of Affairs of Society
When the information is received by the Registrar under section 22 or
otherwise or any other section 23 (3) of the UP Society Registration Act, 1860
and Registrar may think fit that there is some error in the document or the
affairs of the society is defeating the object of the registration under this
act. Any officer who have responsibility to manage the affairs of the society
and he is failed to manage his duties or Mismanaging his affairs or any breach
of trust or other obligation.
Then Registrar by himself or any other person appointed by him on this behalf
may give order to inspect or investigate into the affairs of the society or any
other institution which is managed by the society.
It is the duty of every officer of the society, to furnish the document which
are under the custody or books of account or statement of expenditure and
receipt to the registrar or other person who is appointed by the society for the
inspection or investigate of the society.
The registrar or other person who is appointed by the registrar may seize any
particular document or all of the document including books of account.
After all the conclusion of the inspection or investigation as the case may be,
the person appointed by the registrar regarding the inspection and investigation
will submit the report to the registrar.
After reading the report submitted by the person who is appointed regarding the
inspection and investigation. Registrar may pass the order for the removal of
irregularties within the such time period as specified and may take action
according to the section 12D or 13B as the case may be.
Offences and Penalties under The Up Societies
Registration Act, 1860
The Uttar Pradesh Societies Registration Act, originally enacted in
1860 and subsequently amended, governs the formation, management and regulation
of societies in Uttar Pradesh. Key provisions under this act define various
offences and their consequences.
Offences and Penalties:
- Filing of false information: Providing false information during
registration or annual filings can result in penalties.This include
inaccurate details in the memorandum of Association or financial
statements.
- Non-compliance with reporting requirements: societies are required to
submit annual lists of managing body members. Failure to comply with
these reporting requirements is considered an offence.
- Mismanagement of society Funds: Misappropriation or mismanagement of
the society's property for personal gain without proper authorization
can lead to legal action.
- Any person who fails to furnish the list of managing body or information
required to be furnished under Section 4 or 4-A or wilfully makes or causes
to be made a false entry in, or any omission from, the list or any statement
or copy of rules or of alteration in rules or other information sent to the
Registrar under the said Section 4 or Section 4-A
- Any person who willfuly fails to furnish any account or statement or
furnishes in compliance with the said sub-section particulars which are
false.
- Any person who neglects or refuses to make its accounts or other documents
available for audit as required by 3(2) of Section 23;
- Any person who willfully fails to appear before the Registrar or other
person appointed by him or otherwise contravenes the provisions of 24(3)
shall be punishable with fine upto Rs 2000 .
No Court inferior to that of a Magistrate of the First Class shall try an
offence punishable under this Act
such offence be taken except on a complaint made by the Registrar or any other
person authorised in writing by him by general or special order in that behalf.
Compounding of offences
The Registrar accept from any person, against whom a reasonable
suspicion exists that he has committed any offence punishable or against whom a
prosecution has been instituted.
On the payment of such composition fee the suspected person if in custody, shall
be discharged and no further proceeding shall be taken against him.
Penalties for offences and sue under the UP Societies Registration Act
Suit by Societies or Against Societies
Every society which is registered under this act may file a suit or may be sued.
In the case of Societies you can sued against the president of the society,
chairman of the societies, principal secretary of the societies or trustees of
the society as the case may be or
What the procedure of rules and regulations of the society is established. In
some case suit may be against the person who is appointed by the governing body
for the occasion.
Penalties under the UP Societies Registration Act
There are many circumstances in which you are liable for penalty under this
act
Any person who-
- a- Deny or Reject to make books of accounts or other document which is
required for audit as per section 23 (2) of the UP Societies Registration
Act.
- b- Fails to produce any books of account or other document willfully as
required under section 24 (2)
- c- Fails to appear before the Registrar or other person appointed by the
registrar or contravene the provision of the section 24 (3).
- d- Fails to furnish any books of account of statement which is referred
under section 23 (1) of the UP Societies Registration Act or submit the
compliances which is not correct and he knows that the document submitted by
him is false or he believes that the document is not true .
- e- Has contravene any provision of this act
- f- Make any false entry in the books of account or any omission in the form
or fails to provide the list of managing director under Section 4 or 4A of
the UP Society Registration Act
Then he will be liable for fine which may extend upto Rs
two thousand rupees.
