Societies Registration (Assam Amendment) Act, 2019
No: 12 Dated: Sep, 04 2019
THE SOCIETIES REGISTRATION (ASSAM AMENDMENT) ACT, 2019
ASSAM ACT NO. XII OF 2019
An Act further to amend the Societies Registration Act, 1860, in its application to the State of Assam.
Preamble:- Whereas it is expedient further to amend the Societies Registration Act, 1860, hereinafter referred to as the principal Act, in its application to the State of Assam, in the manner hereinafter appearing;
It is hereby enacted in the Seventieth Year of the Republic of India as follows :-
1. Short title, extent and commencement:- (1) This Act may be called the Societies Registration (Assam Amendment) Act, 2019.
(2) It extends to the whole of Assam.
(3) It shall come into force at once.
2. Amendment of section 3:- In the principal Act, in section 3, for the words and punctuation marks "of fifty rupees, or such smaller fee as the State Government may, from time to time direct;", appearing in between the•words "fee" and "and", the words and punctuation marks "at such rate, as the State Government may, by notification in the Official Gazette, fix, from time to time" shall be substituted.
3. Insertion of new sections 3B,3C and 3D:- In the principal Act, after section 3A, the following new sections 38, 3C and 3D shall be inserted, namely :-
"3B. Validity of Registration.- Subject to compliance with the provisions of section 4, a certificate of registration issued under section 3 shall remain valid for a period of three years from the date of issue, but shall be subject to renewal for further periods of three years at a time in accordance with the provisions of section 3C :
Provided that no such registration shall be renewed if the provisions of section 4 has not been complied with in full.
3C. Renewal of registration.- (1) A society registered under section 3 shall, on application made to the Registrar within the validity period of registration or within one month of the expiration of the validity period of registration referred to in section 38 and on payment of the fee as fixed under section 3, and on filing the required documents as specified in the website https://rfsfinance.assam.gov.in, be entitled to have its certificate of registration renewed for three years at a time, subject to compliance of section 4.
(2) The Register may refuse to renew the registration of a society,-
(i) if such society files the application for renewal of registration beyond one month of the expiration of the validity period of registration as referred to in section 38 :
Provided that the Registrar may condone the delay in filing application for rene·wal by a society upto one year of the expiration of validity period of registration, if he is satisfied on an application for condonation of delay filed by the society and on payment by the Society an additional fee equal to the amount of fee fixed for renewal of registration as under sub-section (1) of this section that the society was prevented by sufficient cause in filing the application within the validity period of the registration :
Provided further that in case of rejection of the application for condonation of delay, the Registrar shall give the society concerned a reasonable opportunity of being heard and pass a speaking order;
(ii) if after giving an opportunity of being heard, he is satisfied that any of the grounds as mentioned in sections 3A and 4 exists for refusal of renewal of registration.
(3) There shall be paid to the Registrar with every application for renewal of the certificate of registration,-
(a) a fee equal to the registration fee payable under section 3 if such application is filed within the period specified in section 3C(l), which shall be accounted for to the State Government of Assam;
(b) an additional fee for delayed filing of application for renewal under the first proviso to clause (1) of sub-section (2) of this section, which shall be accounted for to the State Government of Assam.
(4) Every application for renewal of the certificate shall be accompanieq by a list of the names, addresses and occupations of the Governors, councils, directors, committees and other governing body then entrusted with the management of the affairs of the society, elected after the registration of the society or after the renewal of certificate sought to be renewed, unless dispensed with by the· Registrar for sufficient cause to be recorded in writing.
(5) In the event of refusal of renewal of registration of a society, by the Registrar under sub-section (2), the aggrieved society may prefer an appeal before the Government of Assam, in the Finance (EstablishmentB) Department whose decision thereon shall be final.
3D. Effect of failure to Renew Registration.- A Society which fails to get its certificate of Registration renewed in accordance with section 3C, its Registration lapses, and it shall cease to be a registered society with effect from the actual date of expiration of its original registration or renewal thereof and its name and other particulars shall be struck off from the Register in which it was earlier registered or renewed :
Provided that no such registration shall be struck off before the expiry of twelve months from the date of expiry of the validity of the previous registration whether original or renewed.
Explanation :- For the purpose of calculating the twelve months period, the month in which the previous registration whether original or renewal, had expired shall be taken as one full month irrespective of .. the day of the month of such expiration of the registration or renewal."
4. Amendment of section 48:- In the principal Act, in section 4B, in sub-section (2), for the words "which may extend to five hundred rupees" appearing at the end, the words "which may extend to such amount as the State Government may, by notification in the Official Gazette, determine, from time to time", shall be substituted.
5. Amendment of sections 12A, 12B and 12C:- In the principal Act, in sections 12A, 12B and 12C, for the words "name" wherever it occurs, the words and sign "name and/or address" shall be substituted.