West Bengal Act XXVI of 1961'

THE WEST BENGAL SOCIETIES REGISTRATION

ACT, 1961.
West Ben. Act X of 1964.
AMENDED „. West Ben. Act XXVD of 1984.
West Ben. Act XXXI of 1984,
[Jtfi December, 196},]
An Act to provide for the registration of literary, cultural, scientific,
political, charitable, religions and certain other kinds of societies
and for matters connected therewith.
Ii is hereby enactcd in (he Twelfth Year of the Republic of India, by the
Legislature of West Bengal, as follows:—
1. (I) This Act may be called the West Bengal Societies Registration
Short title,
Act, 1961. extern and
commence-
(2) It extends to the whole of West Bengal, ment.
(3) It shall come into 2 force on such dale as the State Government may,
by notification in the Official Gazette, appoint.
2. In this Act, unless the contcxl otherwise requires,—
Interpre-
(a) "Court", when used in relation to a society, means the principal tation.
civil court of original jurisdiction of the district
" within which the registered office of the society is situate and in
relation to a society situate within the Presidency town of
Calcutta, the City Civil Court established under the City Civil
West Ben. Court Act, 1953;
Ac I XXI of
1953.
(b) "Governing Body" means the body, by whatever name called,
entrusted for the time being with the management of a society
under iis regulations;
(c) "member", when used in relation to a society, means a person
who has been admitted with his consent as a member or the
society according to its regulations;
(d) "memorandum" means the memorandum of association referred
to in section 4;
(e) "officer" means a member of the Governing Body, the President,
the Secretary or any other office-bearer of a society and includes
also an employee of the society whose work is not of a purely
ministerial nature;
'For Slaw mem of Objects and Reasons, see [he Calcutta Gazette. Extraordinary, of the 23rd
June, 1961, Part 1VA, page 1620; for proceedings of (he West Bengal Legislative Assembly. see the
proceedings of (he meetings of thai Assembly held on the 13lti an J 14th September, ] 9 61; and for
proeee din gs o f the \Ves IB engat Legi si at i ve Council, see the proccedi ngs of the meeting of that
Council held on the 21st September, 1961.
-This Act came into force on the Isl April. 1963. Vide notification No, 1076 Com., dated 23rd
March, 1963, published in the Calcutta Gazette. Extraordinary of 1563. Pari I. pape 6*13.
378 The Hi'j/ Bengal Societies Registration Act, 1961.

[West Ben. Act

(Section 3.)
;
- (0 "officer in default", for the purpose of any provision in this
Aci, means any officer wlio is knowingly guiliy of any
contravention, failure or refusal or who '[knowingly and willingly
authorizes] or permits such contravention, failure or refusal;
(g) "President" means (he President, the Chairman or ihc formal head
by whatever name called, of a society and includes a person who
for the lime being acts as the Formal head:
(h) "registered office" means the registered ofTicc mentiond in the
memorandum;
(i) "Registrar" means a person appointed as Registrar under section 3
and includes, in relation to the exercise of any powers or
functions under this Act, any person referred to in that section on
whom such powers or functions have been conferred under that
section;
(j) "regulations" mean the regulations made by a society and,
in relation to a society deemed lo have been registered under sub-
section (2) of section 36 of this Act, include its rules and
regulations;
■ (k) "rules" mean rules made by the Slate Government under section
35;
(1) "Secretary" means [be Secretary or the principal executive officer
by whatever name called, of a society, and includes a person who
for the time being acts as Secretary;
(in) "society" means a society registered or deemed to have been
registered under this Act;
-(n) "votes of ihrcc-fourths of the members" mean the votes given by
at least three-fourths of lite members of a society present at a
general meeting oC the society convened according to its
regulations and the members voting at such meeting by proxy,
where voting by proxy is allowed under the regulations.

Appoimmcm 3. The Slate Government may appoint a person to be the Registrar or Registrar.
gocjcljcs for gta[e 0f ^res[ Bengal and such Additional, Joint,
Deputy or Assistant Registrars as it thinks nceessary to assist the Registrar and
may by general or spccial order confer on such person or persons assisting the
Registrar any of the powers and functions of ihe Registrar under this Act.

'Subsui ute d for I he wj rds "k no wi ng]y aui hari 2c s" by s. 2( 1) o f (he Wcs l Bengal
Societies Registration (Amendmfini)Aei, 1954 (Wcsl Ben. Ac IX of) 964). .
The West Bengal Societies Registration Act, 1961. 379

XXVI of 196LJ
(Sections 4-6.)

4. (1) Any seven or more individuals associated for any of ihc objects
mentioned in sub-see lion (2), may subscribe their names to a memorandum of Socieiics 10
association and file it along with a copy of the regulations with the Registrar be formed by
memorandum
for registration of llie association as a society under this Act. of association
(2) The objects referred lo in sub-section (1) may relate to the promotion and
registration.
of literature, arts, science or religion; any charitable purpose including ihe care
or relief of orphans, or of aged, sick, helpless or indigent persons; ihc
alleviation of the sufferings of animals; the diffusion of knowledge; the
dissemination of social, political or economic education; the establishment and
maintenance of libraries or reading rooms for the members or for the public;
the collection and preservation of manuscripts, paintings, sculptures, works of
art, antiquities, natural history specimens, mechanical and scientific
instruments and designs; any other object as may be notified by the Stale
Government as being beneficial to the public or to o section of the public.

5. (I) The memorandum shall contain, amongst other things, [he

following particulars, namely:—
(a) [he name of the association,
(b) the address of the registered office of the association,
(c) the objcct of the association, Memoran-
dum of
(d) the names of the first members of the Governing Body, and a^ocialion
(e) the names, addresses and occupations of [he signatories to the .
memorandum.
(2) After registration a society shall not change the memorandum except in
accordance with the provisions or this Act.

6. The Registrar shall not accept any memorandum for registration of a

society unless it is accompanied by a copy of its regulations providing,
amongst other things, for ihc following matters, namely:—
(a) the composition of the Governing Body and the manner of
election or appointment and resignation or removal and the term
of officc of [he members of the Governing Body, the President, Regulations.
the Sccrctary and other officers;
(b) the admission to membership and resignation and removal of
members;
(c) the maintenance of a register of members and facilities for
inspection thereof by the members;
(d) the safe custody of the property of the society, including in
particular, the manner of keeping or invcsiing any moneys of the
society; ■ ■
3SO The West Bengal Societies Registration Act, 196J.

[West Ben. Act

(Sections 7-9.)

(ej the procedure for holding meetings of the society, quorum, the
method of voting, the period of notice for meetings and ihc
manner of voting by proxy, where such voting is allowed;
(f) the maintenance and audit of accounts;
(g) the inspection of accounts, and of the proceedings of meetings, by
the members of the society;
(h) any other matter relating to the objects or affairs of the society.

Registration. 7. (1) The Registrar upon being satisfied that the memorandum and the regulations
accompanying it comply with the requirements of this Act and the rules and
upon payment of the fee referred to in sub- secLion (2), shall certify under his
hand and seal that the society is registered under this Act.
(2) There shall be paid to the Registrar, for the registration of a society
under this Act, '[such fee not exceeding one hundred and fifty rupees] as the
State Government may from lime to lime direct.
(3) An appeal shall lie to the State Government against an order of the
Registrar refusing to certify the registration of an association as a society under
this Act and the decision on such appeal shall be final.

Alteration of 8. (1) A society shall not alter its memorandum except with the previous
memorandum
und regulations,
permission of the Registrar in writing, and the votes of 2[three- founhs] of its
members.
[2) Before granting permission under sub-section (1), the Registrar shall
satisfy himself that the alteration docs not make the society ineligible for
registration under this Act.
(3) Subject lo the provisions of this Act, the rules and the provisions of
the memorandum a society may, by the votes of:[ three-fourths J of the
members, alter its regulations.

Alienations to 9, ([) A copy of every alteration of the memorandum and of the regulations shall be filed
be tiled.
with the Registrar within thirty days of such alteration. .
(2) The Registrar shall, except for special reasons to be recorded by him in
writing within thirty days from the date of such receipt, record the alteration
and send an intimation of the facL to the society or communicate to the socieiy
his objections to such alteration.
'The words within liic square brackets were substituted forlhe words "a Tee of fifty rupees, or
such smaller fee" by s. 2 of the Wes i Bengal Societies Registration (Second A mend men!) Act.
1(Wesi Ben. Act XXXI of 1984).
-Substiluie J for the word "three-fifths" by s. 3 of the West Bengal Societies Registration
(Amendment) Act, I9&4 (West Ben. Act X of 1964)
The West Bengal Societies Registration Act. !96l. 381

XXVI of 1961.]
(Sections JO-J2.)

(3) An appeal shall lie lo the Stale Government against any objection
made by the Registrar and the decision of the State Government on such
appeal shall be filial.
(4) An alteration shall have effcct From the date on which the intimation
referred lo in sub-section (2) is received by the society or in the event of any
objection being raised by ihe Registrar, from ihedateon which the Slate
Government allows ihc alteration on appeal.

10. No society shall be registered under a name which is identical with, or Name of
sorieiy.
too nearly resembles, the name of any other society or any body corporate
which has been previously registered or incorporated under ihis Act or any
other law for the time being in force, as the case may be, or is deemed to have
been registered under this Act.

]]. (I) If a society is registered under a name or alters its name lo another Slale
Govern mem
numc which, in the opinion of the Slate Government, is identical wilh, or too may direel
nearly resembles, the name of any other society or body corporate which changc of
having been previously registered or incorporated under this Act or any other
law for the time being in forcc, or being deemed to have been registered under
this Act, continues lo exist the State Government may by order made in this
behalf direct such society to change its name and alter its memorandum within
three months from the date of the order or such longer period as the State
Government may think lit lo allow.
(2) No change of name shall affect the rights and liabilities of a society or
any legal proceedings by or against the socicty.
(3) In case of non-compliance wilh an order under sub-seclion (1), every
officer in default shall be punishable wilh fine which may extend lo twenty
rupees for every day until ihe order is complied wilh.

12. (1) Whenever two or more societies desire to amalgamate, the Sociclics
Governing Body of each such society shall submit the proposal in writing to lo have
power lo
the members thereof and such proposal shall be considered in a general amalga
meeting of the society convened for the purpose. mate
wilh
another
(2) No such proposal shall have any effcct unless— society.

(a) it shall have been delivered or sent by registered post lo the

members of each of the sociclics at least ten days before the date
of the meeting at which it will be considered;
(b) il has been sent to the Registrar before ihe meeting and he
communicates his approval thereto, with or without any
■7?.V-V T'T^VV-.V*.! ■
V1

382 The West Bengal Societies Registration Act, 1961.

[West Ben. Act

(Sections 13-15.)

(c) the proposal, with the modifications, if any, suggested by the

Registrar, is agreed lo by the votes of '[three-fourths] of [he
members of each of the societies concerned and confirmed by
like votes of members at a subsequent general meeting of the
society.
(3) An appeal shall lie to the State Government against any order of the
Registrar refusing to accord his approval to the proposal or suggesting any
modification and (he decision of the Slate Government on such appeal shall
be Final.
(4) On the proposal being confirmed:—
(a) the amalgamated society shall be registered under its new name,
(b) (he registration of the amalgamating societies shall be canccllcd,
(c) the assets and the liabilities of the amalgamating societies shall be
the assets and (he liabilities of the amalgamated society.
13. (1) Every society shall—
(a) prominently display its name outside its officc or the place where
its business is carried on;
(b) have a seal with its name engraved thereon;
Name or
soeicly m (c) have its name mentioned in all documents executed in its favour
be pro mine or on its behalf.
ntly shown.
(2) For any contravention of the provisions of sub-section (1), every
officer in default shall be punishable with fine which may extend to twenty
rupees.
14. (1) Every society shall maintain at its registered office, a register of
its members and shall enter therein the following particulars, namely:—
(a) the name and address of each member;
(b) the date on which the member was admitted;
Register of (c) ihe date on which a member ceased lo be such.
members.
(2) If entries are not made within fifteen days of the admission oF a
member or cessation oF membership, every officer in default shall be
punishable with fine which may extend to twenty rupees for every day during
which the contravention continues.
15. (1) Every society shall keep at its registered office proper books of
account in which shall be entered accurately;—
(a) all sums of money received and the sourec thereof and all sums of
money expended by die society and [he object or purpose for
Books of which such sums are expended;
account and
'Substituted for the word "three-fifths" by s. 4 of the West Bengal Societies Registration
audit.
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■. \r *, i;

The West Bengal Societies Registration Act, 1961. 383

XXVI of 1961.]

(Sections 16, 17.)

. (b) ihc assets and liabilities of the sociciy.

(2) Every sociciy shall have its accounts audited once a year by a duly
qualified auditor and have a balancc sheet prepared by him. The auditor shall
also submit a report showing the exact state of the financial affairs of the
society. Three copies of the balance sheet and the auditor's report shall be
certified by ihe auditor.
Explanation.—A duly qualified auditor means a chartered accountant
within the meaning of the Chartered Accountants Act, 1949 or a person
.18 of 1949, approved by the Registrar in this behalf.
(3) For any contravention of the provisions of sub-section (1) or sub-
section (2), every officer in default shall be punishable with fine which may
extend to twenty rupees for every day after the detection of the default during
which the default continues.

16. (1) Every society shall hold an annual general meeting at least once in Annual
general
every year and not more than fifteen months shall elapse between two meeting.
successive annual general meetings.
(2) The balance sheet and the auditor's report referred lo in subsection (2)
of section 15 shall be placed at the annual general meeting of the society.
(3) For any contravention of the provisions of sub-seclion (1) or sub-
section (2), every officer in default shall be punishable with fine which may.
extend to two hundred and fifty rupees.

17. (1) Within thirty days after the holding of every annual general Annus] and
other returns
meeting, Ihere shall be filed with the Registrar— To be Jbr-
(a) a list or the names, addresses and occupations of the members of wanJeJ lo
Regis inir.
ihe Governing Body, the President, the Secretary and of other
office-bearers or the society;
(b) an annual report by the Governing Body on (he working of the
society for the previous year;
(c) a copy each of the balance sheet and (he auditor's report certified
by the auditor under sub-section (2) of section 15.
(2) The list and the annual report referred to in clauses (a) and (b) of sub-
seclion (!) shall be certified by the President and the Secretary,
(3) If any change occurs in ihe composition of the Governing Body or in
the hotdcr of the office of the President or ihe Secretary at any lime for any
reason whatsoever, such change shall, within (hirly days, be notified to the
Registrar.
(4) For any contravention of ihe provisions of sub-section (1), subsection
(2) or sub-section (3), every officer in default shall be punishable
W-:-v'-,VVVVVVTVIAI ^kkk'.-^iio.w lit iuL y^Mvy-^wvv S^y>vagMg»^v.wW-WW.-.1 ,'.' j.wafflww^
VV

384 The West Bengal Societies Registration Act, 1961.

[West Ben. Act

(Sections 18-22.)

Properly of
18* All property belonging lo a society, if nol vested in trustees, shall be
society how deemed id be vested in the Governing Body of the society but shall be referred
to be vesled.
to as ihe property of the society.

19 (1) Every society may sue or may be sued in the name of ihe President,
SuiLs and
proceedin ihe Secretary, or any office-bearer authorised by the Governing Body in ihis
gs hy and behalf.
ncainstn
socicty- (2) No suit or proceeding shall abate by reason of any vacancy or change
in the holder of the office of the President, the Secretary or any office-bearer
authorised under sub-section (1).
(3) Every decree or order against a society in any suit or proceeding shall
be executable against the property of the society and not against the person or
the property of ihe President, ihe Secretary or any officebearer.
(4) Nothing in sub-section (3) shall exempt the President, the Secretary or
office-bearcr of a society from any criminal liability under this Act or entitle
him to claim any contributionfrom the property of the socicty in respect of any
fine paid by him on conviction by a criminal court.

20. [Power to alter regulations,—Omitted by s. 5 of the Wfejf Bengal

Societies Registration (Amendment) Act, 1964 (Wei/ Ben. Act X of 1964).)

21. Every member of a society may be sued or prosecuted by ihe society for
Members any loss or damage caused to the society or its properly or for anything done by
liable lo be
sued or him detrimental to the interests of the socicty.
prosecuted as
s (range m.
22. (1) The Registrar may, by written order, call on a society to furnish in
Power of writing such information or explanation within such time, not being less than
Registrar ro two weeks from the date of receipt of the order by the society, as he may
call for
information spccify in the order in connection wilh the affairs of the sociciy or any
or documents filed by Ihc society under this Act.
explanation.
(2) On receipt by the sociciy of an order under sub-section (1), il shall be
the duly of the officer concerned lo furnish such information or explanation.
(3) For failure lo comply with an order under sub-section (1), the officer
in default shall be punishable with fine which may extend to
The Ifef Bengal Societies Registration Ac!, 1961. 385

XXVI of 1961.]

(Section 23.)
I
23. (1) Where on information received, the Stale Government is of opinion I
Investigation
that iherc are circumstances suggesting that the business of a society is being of affairs of a
conducted with intent ot defraud its creditors, members or any other person, or sociciy.
thai ihe society is guilty of mismanaging its affairs or of any fraudulent or
unlawful act, the Slate Government may appointment a competent person as '[Commissioner
for Enquiry] to investigate into the affairs of ihe society or inspect any institution managed by
the society and report on such manors as ihe State Government may dircci.
(2) Jl shall be ihe duty of every officer of ihe society when so required by
the Inspector lo produce any books and papers of or relating to the society
which are in his custody, and otherwise to give to the -[Commissioner for
Enquiry] all assistance in connection with the investigation or inspection which
he is reasonably able to give.
(3) J[A Commissioner for Enquiry] may call upon and examine on oath
any officer of the society in relation lo the affairs of the socicty and it shall be
the duly or every officcr when so called upon to appear before ihe
J
[Commissioner for Enquiry] for such examination.
(4) On the conclusion of the investigation or inspection, as the ease may
be, the J[Commissioner for Enquiry] shall make a report to the "[Stale
Government] on the mailers on which he was directed by the State
Government to report. "
(5) For refusal to comply with the provisions of sub-section (2) or sub-
section (3), the officer in default shall be punishable wilh fine which may
extend to two hundred and fifty rupees.
(6) '[On perusal of ihe rcpon made by the Commissioner for Enquiry]
the Slate Government may give such directions as it may think fit lo the
socicty for Ihe removal of any defects or irregularities within such lime as may
be specified and on the sociciy making any default in taking action according
lo such directions the State Government may direct the Registrar lo move the
Court for dissolution of ihe society.
'The words within the square brackets were substituted Tor the won) "Inspector'' by s. 2(a) of (he
West Bengal Societies Registration (Amendment) Act. 1984 (West Ben, Act XXVII of 1984).
The words within the square brackets were substituted for the ward "Inspector" by s, 2(b), ibid.
J
The words within the square brackets wen: substituted Tor the words "An Inspector" hy s,
2(c)(i), ibid.
'The words within the square bmckels were substituted Tor the word "Inspector" by
5.2(c)(ii).;(j/rf.
The words within the square brackets were substituted for the word "Inspector" by s. 2(d){i),
ibid.
The words within ihe square brackets wen: substituted for the word "Registrar" by s. 2(d)(ii),
ibid.
The words within the square brackets were subsliluled Tor the words "The Registrar shall send
the recorl with hi* comment* (hereon lo the Slate Government. On perusal
sk v v Ls
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3K6 The West Bengal Societies Registration Act, 1961.

[West Ben. Act

i Section 24.)
'" (7) If on a perusal of [he report '[made by the Commissioner Tor
Enquiry,] it appears to the Slate Government that any person has, in relation to
the formation, promotion, management or conduct of the business of Ihc
society, been guilty of any offencc for which he is criminally liable, the State
Government may direct the prosecution of such person for the offencc.
(8) The expenses of, and incidental to, an investigation by 3[a
Commissioner for Enquiry] appointed by the State Government shall be
defrayed by the State Government.
Dissolution 24. (!) Asocieiymay be dissolved if by the votes of 3 [three-fourths]
by resolution ^ ^ members it passes a resolution for such dissolution at a general meeting
convened for the purpose.
(2) Where a resolution for dissolution of a society is passed under sub-
section (1), the Governing Body shall take such steps for the disposal and
settlement of the property of the society and its claims and liabilities as it may
think fit subject to the regulations of the society, if any.
(3) After all necessary steps have been taken under sub-section (2), the
Governing Body shall send a report to ihc Registrar mentioning if there are any
surplus assets.
(4) The Registrar shall thereupon issue a notice in the Official Gazette to
the effect that if no objection is received from any claimant,
or creditor or any member of the society within three months from the dale of
the notice, the sociciy shall, subjcct to the provisions of section 27, be
dissolved.
(5) IF no objection is received within three months as aforesaid, and after
the surplus assets, if any, have been disposed or as provided in section 27, the
Registrar shall make an order confirming the dissolution of the society and
thereupon Ihc society shall stand dissolved. The Registrar shall record ihe
order of dissolution in the register maintained in his office.
(6) If any objection is received from any claimant or creditor within ihe
period of three months as aforesaid the Registrar shall not make an order
confirming the dissolution of ihe sociciy unless he is satisfied that the relevant
claim or liability has been duly settled and the surplus assets, if any, have been
disposed of as provided in section 27. If however any objection is received
from any member ihe Registrar shall not make an order confirming ihe
dissolution of the society but shall make an application to the Court under
section 25,
'The words within ihc square brackets were subsiituled for the words "and ihc comments
ofihcKcgisi nr." by s, 2{f)ofibc West Bengal Sociciics Registration (Amend men I) Act, 19SJ (West
Ben. Acl XXVII of 19S4).
:
The words wilhin ihc square brackets wore substituted for (he words "an Inspector"
by s, 2(a). ibid.
iiffrt friT fi fi nf ilif Wi-OP
The lifejf Bengal Societies Registration Act. 196}.
387

XXVI of 1961.]
(Sections 25-28.)

(7) Where any Government has made in any manner any contribution lo
the funds or bibcr assets ofa society, such society shall not be dissolved, unless
the Slate Government has given its assent lo the dissolution.
25. (1) The Court may, on the application of ihe Registrar or on the
application of not less lhan one-tenth of the members, make an order for ihe
dissolution of a society in the following cases:— ■ Dissolution
by Court.
(a) if there is any contravention by the society of the provisions of
litis Act;
(b) if the number of members is less than seven;
■
(c) if the society has ceascd to function for more lhan three years;
(d) jfihc society is unable to pay its debts or meet its liabilities;
(e) if it is proper that ihe society should he dissolved.
(2) When an order for the dissolution of a socicty is made by the Couri,
dissolution shall lake place in such manner as the Courl may direct.
26. (I] Where in the opinion of the Registrar there arc reasonable grounds
to believe that a society is not managing its affairs properly or is not
functioning, he shall send lo the society at its registered office a notice by
Dissolution
registered post calling upon it to show cause within such lime as may be by Registrar.
specified in ihe notice why the society shall not be dissolved.
(2) If no cause is shown or if ihe cause shown be considered by the
Registrar lo be unsatisfactory ihe Registrar may move the Courl under section
25 for making an order for ihe dissolution of the society,

27. If after the disposal and settlement of ihe properly of a society and its
claims and liabilities, there arc any surplus assets, such assets shall not he paid
to or distributed amongst the members of ihe society or any of them but shall
be given to some other sociciy lo be determined— Members 10
(a) in the case or a dissolution under section 24, by ihe votes of ' receive no
profit up an
'[three-fourths] of the members, or in default thereof, by the dissolution
Registrar, wilh ihe approval of ihe Slate Government;
(b) in ihe case of a dissolution under section 25, by the Courl.
"28 A peson shall be disqualified for being chosen as, and for being, a Disqualifi-
cations for
member of the Governing Body or the President, Secretary or any other office- boing
bearer of a society, if— member of
tic
(a) he is an undischarged insolvent; or Governing
Body, etc.,
of a socicty.
'Substiiuied fori he word "thrce-fi fihs" by s. 7 of (ho West Bengal Societies Registration
(Amend mem )Act, 1964 (West Ben. Act X of 1964),
r
^SW ^.i.xv\v^v\vSS^S^V>^^S'-^'-T S*''''-'-'-'-
yL ...
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388 The West Bengal Societies Registration Act, 1961.

[West Ben. Act

(Sections 29-33.)

(b) he has been convicted of any offencc in conncciicn with ihe

Formation, promotion, management or conduct of the affairs of a
socicty or a body corporate, or of any offencc involving moral
turpitude:
Provided thai the disqualification under clause {b) shall cease
ai llie end of five years after ihc dale of conviction, or where a
seniencc of imprisonment has been imposed, afier the dale of
expiration of the sentence.

Inspection of 29. Any person may inspect any document filed with [he Registrar under
due mucins
and grant of this Acl '[on payment of a fee of two rupees for ihe first year, and one rupee for
certified each additional year, for every inspection of cach document relating to one
copies thereof.
sociciy;] and any person may obtain a copy or extract of any document or any
pan of any document, certified by the Registrar, on payment of such fee as may
be prescribed. Such certified copy shall be admissible as evidence of the
matters therein contained in all legal proceedings.

Terms of gift 30 (I) Where a socicty acccpts a gift of any kind from any person Tor a
lo be observed. specific purpose il shall not use the giFt or any part thereof for any other
purpose without (he written consent of the donor or if ihe donor be dead,
without the written consent of the Registrar. The Registrar shall not give such
consent unless he is satisfied that the purpose for which the gift was made is
incapable of execution by the socicty.
(2) For any contravention of the provisions of sub-section (1), every officcr
in default shall be punishable with fine which extend lo two hundred and fifty
rupees.

31. All communications with a society shal! be addressed to ihe society by

Co in muni name and sent to its registered office.
cations
wilh a
socicty.
32. (1) No porsecution shall be instituted for any offencc under this Act
except wilh the previous sanction of the State Government.
No
pRjseoiiloT* (2) Nothing in sub-section (1) shall apply to any prosecution mentioned in
lobe scction 21.
instituted
without
pTVvious 33. No suit, prosecution or proceeding shall lie in any Civil or Criminal
sand ion.
Court against the Registrar or against any ^Commissioner for Enquiry]
Indemnity.
appointed under section 23, and no suit or proceeding shall lie in any Civil
Court againsi the Stale Government, for anything in good faith done or
intended to be done under this Act or the rules.
'Th e words with I n the square brackets Were subs Li I Wed for t he won] s "on p.nymen t of
a fee atone rupee; for every inspection;" by s-3 of the Wcsi Bengal Societies Regis iraiion (Second
Ajnendmcm)Aci, 1984 ( West B en. A cl XXXI o f 1984).
-Tin: words within the square brackets were subai luted for I he word "Inspector'' by s. 3 of
lheW«I Bengal Societies Reeistmrjon (AmerHmcni'i An IQRA (W.-ci n-„ Ywiur
The West Bengal Societies Registration Act, 1961. 389

XXVI of 1961.]

(Sections 34-36.)

34. (1) An appeal under this Act may be filed within thirty days of Limitation, [he date of
the objection or order appealed against.
(2) The provisions of sections 5 and 12 of [he Indian Limitation ix of 190$, Act, (90S,
shall apply to any appeal under this Act.

35, (1) The State Government may make 'rules fur carrying out ihe Powcno - . . A make nil,
purposes of (his Act.
(2) In particular and without prejudice lo the generality of ihe foregoing
power, such rutes may provide for all or any of the following matters,
namely:—
(a) the procedure for any appeal under this Act to the State
Government and the fee for such appeal, if any;
(b) ihe fee, if any, lo be paid for filing any document, other than Ihe
memorandum and the regulations under sub-seclioti (1)
of section 4;
(c) the maintenance of the register of societies and other books,
if any, by the Registrar; "
(d) the fee to be paid for obtaining any copy or cxtract of any
document certified by the Registrar.
(3) Afl fees paid under this Act shall be credited to the Consolidated
Fund of the State. ,

-I of i860. 36 (l) Xhc Societies Registration Act, 1860, in its application lo Repeal and West Bengal, is hereby
repealed. savings.
(2) Any society registered in any place within West Bengal under the
Societies Registration Act, 1860, shall be deemed to have been registered
under this Act, and its principal office shall be deemed to be the registered
office of the society:
Provided that—
(a) the memorandum of association and the regulations of any such
society shall, if they are repugnant to any of the provisions of this
Act and ihe rules, be brought in conformity therewith within six
months from the commencement of (his Act or within such
further period as the Registrar may allow, and thereafter shall to
the extent of such repugnancy be deemed to be viod and of no
effect;
'For rules made under section 35 of the Act, see noiificaiion No. 1077 Com., dated ihe 23rd March,
1963. published in ihe Calcutta Gazelle, £riraonHmiry. dated 28.3.63. Pan I,
390 The Wej/ Bengal Societies Registration Act, J 961.

[West Ben. Act XXVI of 1961.]

(Section 36.)
;. (b) any officer elected or appointed lo an offlcc before the
commencement of this Act and holding such office immediately
before such commencement shall continue to hold such office
until ihe expiry of his term of office or until such office is lawfully
term mated1,
(c) nothing in this section shall affect—
(i) any right, privilege, obligation or liability acquired,
accrued or incurred under the Societies Registration 21 or i860, Act, I860;
(ii) any penalty or punishment incurred in respcet of any offence
committed under the said Acl;
(iii) any investigation, legal proceeding or remedy in respect of
any such right, privilege, obligation, liability, penalty or
punishment as aforesaid;
(iv) any proceedings in dissolution commenced before the
coming into force or this Acl;
and any such investigation, legal proceeding or remedy may be instituted,
continued or enforced and any such penalty or punishment may be imposed and
any such proceedings in dissolution may be continued as if this Act had nol
been passed.