The M.P. Society Registrikaran Niyam, 1998
Published vide Notification No. F-1(l)/42/98-A/11, dated 24-11-1998, M.P. Rajpatra, Part 4 (Ga), dated 11-12-1998, at pp. 209-217
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| LEGISLATIVE HISTORY 6 |
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 :-
- 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.
- Definitions.- In these rules, unless the context otherwise requires :-
(a) "Act" means the Madhya Pradesh Society Registrikaran Adhiniyam, 1973 (No. 44 of 1973);
(b) "Form" means a form appended to these rules;
(c) "Defaulter Society" means, 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 Society to which the Act, applies.
- Memorandum of Society.- Every Memorandum of Society for the registration of Society to he filled under Section 5, shall be in Form 1 or in a form as near to as circumstances admit.
- Fees.- The fee 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.
- 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 4 and if any society violates the provisions of sub-section (2) of Section 21, the society shall be liable to deposit 20% amount of the cost of the property.
(2) The late fee payable under Sections 27 and 28 by any society shall be double of the amount of the fee payable under Rule 4.
- Certificate, of Registration.- The Certificate of registration to be issued by the Registrar under Section 7 shall be in Form II.
- Maintenance of Register.- There shall be kept by the Registrar, a register containing the names of societies registered under the Act in Form III.
- 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.
- 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 Sections 10 and 13 the same shall be forwarded to the Registrar in Form IV, and in case of change of name of any society, the society shall return its certificate of registration to the Registrar with Form IV, and on receipt of such certificate the Registrar shall issue a certificate in Form V with necessary alterations embodied therein.
- Application for obtaining permission for acquiring or transfer of 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.
- Annual Return.- Annual Return under Section 27 shall be submitted in Form VII.
- Repeal and Saving.- The Madhya Pradesh Society 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 provisions of these rules.
[Schedule]
[See Rule 4]
Fees
| 1. | Under Section 7 Registration of Society | Rs. 1500/- |
| 2. | Under Section 7 Registration of Mahila Mandal | Rs. 3000/- |
| 3. | Under Section 7 Registration of Yuvak Mandal | Rs. 150/- |
| 4. | Under Section 10 each amendment | Rs. 200/- |
| (A) Application under sub-section (1) | ||
| (i) For permission to purchase and sale | 2% of purchase and 5% of sale | |
| (ii) for each gift | Rs. 5000/- | |
| (B) Under sub-section (2) for otherwise utilising of immovable proiperty | 10% of the cost of plan or Rs. 10000/- whichever is more | |
| 6. | Under Section 27, Return every year | Rs. 200/- |
| 7. | Under Section 28, Audited Statement every year | Rs. 200/- |
| 8. | Under Section 29, copies | Rs. 20/- per page Routine. |
| Rs. 40/- per page urgent. | ||
| Rs. 100/- Inspecting per Register | ||
| Rs. 100/- Inspection Return/ Original file] |
Form I
[See Rule 3]
Memorandum of Society For Registration of Societies
- The name of the Society shall be...........................................
- The Head Office of the Society will be situated at......................in Tehsil of the......................District and its address will be.............
- The objects of the Society shall be as under :-
(1)
(2)
(3)
- 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 occupations are specified below :-
| Serial Number | Name | Address | Occupation |
| (1) | (2) | (3) | (4) |
| 1. | |||
| 2. | |||
| 3. | |||
| 4. | |||
| 5. | |||
| 6. | |||
| 7. |
- 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 addresses 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 :-
| SI. No. | Name and full address of the subscribers with Father/husband name | Signatures |
| (1) | (2) | (3) |
| 1. | ||
| 2. | ||
| 3. | ||
| 4. | ||
| 5. | ||
| 6. | ||
| 7. |
Dated.................
To,
The Registrar of Societies
............................ ............................
Witness....... Signature..... Name.......... Full Address.... ..............
Form II
[See Rule 6]
Government of Madiiya 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 | Name and Address of person filing the Memorandum of Association |
| (1) | (2) | (3) | (4) | (5) |
| 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 | Signature of the Registrar | Remarks |
| (6) | (7) | (8) | (9) |
Form IV
[See Rule 9]
Application Under Sections 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 is passed to how many members notice of meeting served and what is the quorum | ............................................................... |
| 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 quorum of the meeting. | ............................................................... |
| 7. Amendment proposal and three copies of the amendment 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........... videreceipt 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 Certificate 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 Societies)
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 of and full address of the 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 (Resolution) according to Rules and Regulations of the society for purchase/sale or transfer of the immovable property. | ................................................. |
| 9. If the seller/purchaser belongs to Scheduled Tribe then the order of the Collector be enclosed. | ................................................. |
| 10. Any other information if any (such as sources of funds etc.) | ................................................. |
| 11. 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)
Form VII
[See Rule 11 ]
Proforma for Submitting 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 (enclose their name and address) | ................................................. |
| 4. Term of the Governing body according to registered Rules and Regulations | ................................................. |
| 5. Date of the present election and number of the members present and what was the quorum | ................................................. |
| 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. | ................................................. |
| 10. Enclose minutes of this years Annual General Meeting with date | ................................................. |
| 11. The annual fee for the list under Section 27 of the Madhya Pradesh Societies Registrikaran Adhiniyam, 1973 has been deposited Rs. .......... videReceipt/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 OR Signature of Secretary