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The Maharashtra Society Registration Rules, 1971

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 THE SOCIETIES REGISTRATION (MAHARASHTRA) RULES, 1971

1. Short title and extent.(
1) These rules may be called the Societies Registration
(Maharashtra) Rules, 1971.
(2) They extend to the whole of the State of Maharashtra.
2. Definitions.In
these ruels, unless the contest requires otherwise(
a) “Act” means the Societies Registration Act, 1860;
(b) “Assistant Registrar” means an Assistant Registrar of Societies
appointed under section 1B;
(c) “Registrar” means the Registrar of Societies appointed under
section 1B;
(d) “Schedule” means a Schedule appended to these rules;
(e) “Section” means a section of the Act.
3. Areas, SubAreas
and their limits and HeadQuarters.
(
1) For the purposes of the Act, the areas and subareas:
(if any)
under such areas and the limits of such areas and subareas
and headquarters
thereof, shall be as follows: Sr.
No.
Areas Limits of the
Areas
HeadQuarters
of the
Areas
SubAreas
Limits of
the
areas
Headquarter
of the
subareas
1 2 3 4 5 6 7
1. Greater
Bombay
Greater
Bombay
defined
section 3(21)
of Bombay
General
Clauses Act,
1904.
Bombay Nil Nil Nil
2 Pune Pune District Pune Nil Nil Nil
3 Solapur Solapur
District
Solapur Nil Nil Nil
4 Kolhapur Kolhapur
District
Kolhapur Nil Nil Nil
5 Sangli Sangli District Sangli Nil Nil Nil
6 Satara Satara
District
Satara Nil Nil Nil
7 Ratnagiri Districts of
Ratnagiri and
Sindhudurg
Ratnagiri Sindhudurg
District
Sindhdurg
District
Kudal
8 Thane Districts of
Thane and
Raigad
District
Thane Raigad Raigad Alibag
9 Nashik Nashik
District
Nashik Nil Nil Nil
10 Ahmednagar
Ahmednagar
District
Ahmednagar
Nil Nil Nil
11 Jalgaon Jalgaon
District
Jalgaon Nil Nil Nil
12 Dhule Dhule District Dhule Nil Nil Nil
13 Aurangabad
Districts of
Aurangabad
and Jalna
Aurangabad
Jalna Jalna
District
Jalna
14 Parbhani Districts of
Parbhani and
Nanded
Parbhani Nanded Nanded
District
Nanded
2
15 Latur Districts of
Latur,
Osmanabad
and Beed
Latur (1)
Osmanabad
(2)Beed
(1)
Osmanabad
District
(2)
Beed
District
(1)
Osmanabad
District
(2) Beed
16 Nagpur Districts of
Nagpur and
Bhandara
Nagpur Bhandara
Bhandara
District
Bhandara
17 Amravati Districts of
Amravati and
Wardha
Amravati Wardha Wardha
District
Wardha
18 Chandrapur
Districts of
Chandrapur
and
Yavatmal,
Gadchiroli
Chandrapur
(1)Yavatmal
(2)Gadchiroli
(1)Yavatmal
(2) Gadchiroli
(1)Yavatmal
(2)Gadchiroli
19 Akola Districts of
Akola and
Buldhana
Akola Buldhana
Buldhana
District
Buldhana
(2) There shall be a Societies Registration Office at the Headquarters
of every area and subarea
mentioned in subrule
(1) of this rule.
4. Memorandum of association to be filed under section 2.(
1) The memorandum of association of a society may contain the
following declaration, that is to say—
“We, the following persons, being desirous of forming ourselves into a
society under the Societies Registration Act, 1860, have subscribed our names
of this memorandum”.
(2) Such declaration shall be signed by any seven or more persons
associated with the society. It shall also be dated.
5. Memorandum of payment of fees under section 3.3
The fee of Rs.50 to be paid to the Registrar under section 3 for the
Registration of a society shall accompany the memorandum of association, and
it shall be paid in cash.
6. Certificate of registration under section 3.Where
a society is registered under the Act, a certificate in the following
form shall be issued in token of such registration. Such certificate shall be
signed by the Registrar or Assistant Registrar incharge
of the area where the
society is desired to be registered, and shall bear his official seal, if any.
“CERTIFICATE OF REGISTRATION”
(THE SOCIETIES REGISTRATION ACT, 1860)
(Act XXI of 1860)
Registration No.
It is certified that ……………………………………………. has this day
been duly registered under the Societies Registration Act, 1860 (XXI of 1860).
Given under my hand this ……………… day of…………. 19 .
SEAL
Registrar/Assistant Registrar of Societies,
……………………..Area or subarea.
7. Annual list of managing body under section 4.The
annual list of the persons referred to in section 4 shall be forwarded
to the Assistant Registrar in the form of a statement in Schedule I.
8. Information or returns from governing body of society under section
4A.4
(1) The information or returns relating to persons employed by a
society shall be furnished to the Assistant Registrar by registered post or be
filled in person in the office of the Assistant Registrar, in the form of a statement
in Schedule II.
(2) Such statement shall be furnished annually in the month of
January.
9. Maintenance of accounts under section 12D.(
1) Every governing body entrusted with the management of the
affairs of a society not being a public trust within the meaning of the Bombay
Public Trusts Act, 1950, shall keep regular accounts of all receipts and
payments and movable and immovable property and of all encumbrances
created on the property of the society and of all alienations made and loans
taken or advanced on behalf of the society. The account shall contain all such
particulars as in the opinion of the Registrar shall facilitate preparation of the
balancesheet
and income and expenditure account in the form of Schedules III
and IV.
(2) The Governing Body of a society shall get accounts audited
annually in the manner prescribed in rule II.
(i) in the case of a society having a gross annual income of more than
Rs.5,000, by a Chartered Accountant;
(ii) in the case of a society having gross annual income of Rs. 5,000
or less, by a Chartered Accountant or a person authorised by the
State Government under subsection
(4) of section 12D.
10. Audit.5
For the purpose of audit under subsection
(4) of section 12D, the
Registrar or the Assistant Registrar may either on his own motion or at the
request of the auditor:(
a) require the production before the auditor, of any book, deed,
account, voucher or other document including certified copies of
the memorandum of association and rules and regulations of the
society or record necessary for the proper conduct of the audit;
(b) require the governing body or any person having the custody or
control of or accountable for any such book, deed, account,
voucher or other document or record to appear in person before
the auditor;
(c) require the governing body or any such person to give the auditor
such information as may be necessary for the aforesaid purpose;
(d) require the governing body or any person having the custody or
control of, or accountable for, any movable property belonging to
the society to produce such property for inspection of the auditor or
to give the auditor such information as may be necessary
regarding the same.
11. Manner of audit.(
1) The report of an auditor relating to accounts, audited under subsection
(4) of section 12D, shall, in addition to the requirements of subsection
(2) of section 12E,
contain the following particulars namely: (
a) whether the accounts are maintained regularly, and in accordance
with the provisions of the Act and these rules;
(b) whether receipts and disbursements are properly and correctly
shown in accounts;
(c) whether the cash balance and vouchers in the custody of the
secretary, treasurer or accountant or any other person of the
society on the date of audit were in agreement with the accounts;
6
(d) whether all books, deeds, accounts, vouchers or other documents
or record required by the auditor were produced before him;
(e) whether an inventory, certified by the secretary of movables of the
society has been maintained;
(f) whether the secretary, treasurer or accountant or any other person
required by the auditor to appear before him did so and furnished
necessary information required by the auditor;
(g) whether any property or funds of the society were applied for any
object or purpose other than the object or purpose of the society;
(h) the amounts outstanding for more than one year and the amounts
written off, if any;
(i) whether all expenditure incurred on behalf of the society has been
sanctioned from time to time by the governing body or any other
person or persons authorised to do so under the rules and
regulations of the society;
(j) whether tenders were invited for repairs or construction involving
expenditure exceeding Rs.5,000;
(k) whether minutes of the meeting of the general body, governing
body and other bodies or committees, if any, are maintained
regularly and properly;
(l) whether list of members is maintained and is kept uptodate;
(m) the name and address of the present secretary to the society, with
whom the communication is to be made;
(n) if the rules of the society prescribe any mode of investment of the
money of the society; and whether the investment is as per such
rules;
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(o) any special matter, the auditor may think fit or necessary to bring
to the notice of the Assistant Registrar.
(2) The balancesheet
and income and expenditure account required
under subsection
(2) of section 12E to be prepared by the auditor or any person
authorised in this behalf and forwarded by him to the Assistant Registrar shall be
in the form of Schedules III and IV, respectively.
12. Time limit for audit and submission of the audit report, etc., under
section 12E.
(
1) The governing body shall get the accounts audited within six
months of the date of balancing the accounts under subsection
(3) of section
12D,
and the auditor shall forward a copy of the balancesheet
and the income
and expenditure account alongwith his audit report to the Assistant Registrar
within a fortnight of the completion of the audit or such further time as the
Assistant Registrar may grant in this behalf.
(2) In every office of the Assistant Registrar, there shall be maintained
a register of such audit reports received under subrule
(1) in the form of
Schedule V.
13. Inspection of documents.(
1) Subject to the conditions and on payment of the fees hereinafter
specified, the Assistant Registrar shall, on application by any person having
interest or permitted in this behalf by the Assistant Registrar, allow inspection of
any statement, notice, intimation, account, audit report or any other document
filed under the Act not being those documents filed under section 4A.
8
(2) The application shall specify the particulars of the documents, and
contain such information as may be necessary for identifying the documents
required for inspection.
(3) A fee at the rate of one rupee per day shall be charged for the
inspection of each party or portion thereof in the register maintained by the
Assistant Registrar or each statement, notice or intimation, account or audit note
or other document filed under the Act:
Provided that, the Assistant Registrar may by an order in writing allow
inspection of any number of such documents on payment of such smaller fee as
he may deem proper, regard being had to the income of the society, the nature
of the document, the reason for inspection or any other reason relevant for
charging lesser fees:
Provided further that, the minimum fee which the Assistant Registrar shall
charge, shall be a fee payable at the rate of one rupee for every day on which
the inspection is made.
(4) Such inspection shall be allowed during office hours only; subject
to such supervision as the Assistant Registrar may in each case direct.
14. Grant of copies of documents.(
1) On payment of the fees herein specified, the Assistant Registrar or
an officer authorised by him, in this behalf shall, on application by any person
having interest or any other person permitted by the Assistant Registrar or
officer authorised by him in this behalf furnish him with certified copies under his
hand of the following documents, not being documents filed under section 4A
of
the Act: (
a) any statement, notice, intimation, account, audit report, or any
other document filed under the Act;
9
(b) any certificate issued by the Assistant Registrar.
(2) The fees for the supply of certified copies shall be—
(a) 25 naye paise for every 100 words or fraction thereof as copying
fee;
(b) 7 paise for every 100 words or fraction thereof as comparing fee;
(c) 3 paise for every sheet of full scape paper used in preparing a
copy or copies asked for;
(d) in case of a document in the tabular form twice the rate of fee fixed
for copying and comparing.
Provided that, where a copy of any document is required within a period
of twentyfour
hours, but not exceeding fortyeight
hours, there shall be paid an
additional fee equal to 50 per cent of the fee prescribed for copying and
comparing.
(3) Where different persons apply for a single copy of the same
document, the Assistant Registrar shall supply each of them an original and not
a carbon copy at full rates. But if one person applies for more than one copy, he
shall, on request, be given carbon copies (in addition to the original copy at the
full rate) upon a maximum of five and shall be charged onefourth
of full copying
and comparing fee with a minimum of twentyfive
paise and thirteen paise
respectively, per copy. Paper charges will be the same for both the original and
carbon copies.
15. Maintenance of list of members.10
Every governing body of a society registered under the Act shall maintain
a list of members within the meaning of section 15 in the Form of Schedule VI.
SCHEDULE I
(See Rule 7)
Statement of annual list of persons referred to in section 4 of the Societies
Registration Act, 1860.
Name and address of the society…..
Registration No. Under the Societies
Registration Act, 1860.
Date of election and period for which
elected.
Period for which the list is filed.
Sr.
No.
1
Name
2
Addres
s
3
Occupati
on
4
Age
5
Qualificati
on
6
Remark
s
7
Note.A
copy of resolution of the general body electing the members shall
accompany this statement.
11
Signature
Name and address of the Signatory.
Date.
SCHEDULE II
(See rule 8)
Statement relating to persons employed by the Society, their conditions of
employment etc., during the year ending 31st December, 19
Name and address of the society
Registration No. under the Societies Registration Act, 1860.
Sr. .
No.
Name and
designation of the
employee
Present pay
scale
Whether
temporary
or
permanent
and whether
full time or
part time
Present pay
per month
(1) (2) (3) (4) (5)
12
Dearness
allowance
per
month
Special
pay, if
any
Other
allowances,
if any
(House rent
medical,
conveyance
, etc.)
Provident
fund
benefits,
if any.
Other
benefits
and
amenities
provided
by the
Societies,
if any
Remarks
(6) (7) (8) (9) (10) (11)
Signature
Name and address of the Signatory.
Date.
SCHEDULE III
[See rule 9(1) and 11(2)]
Name and address of the Society :
Registration No. under the Societies Registration Act,1860
Balance Sheet as at
Corpus Funds and
Liabilities
Current
Previous
year
Year
Immovable properties Property and
Assets
Current
Previous
year
Year
13
Balance as per last
Balance Sheet.
Adjustment during
the year (with details)
Rs. Ps. Rs.
Ps.
(Suitably classified giving
mode of valuation).
Balance as per last
balance sheet . Additions
or deduction (including
those of depreciation) if
any, during the year.
Rs. Ps.
Rs. Ps.
Other earmarked
fundsDepreciation
Fund
Sinking Fund
Reserve Fund
Investments (Suitably
classified giving mode of
valuation).
Balance as per last
balance sheet.
Additions or deduction, if
any during the year.
Furniture and FixturesBalance
as per last
Balance Sheet.
Any other Fund or
Funds (with details)
Loans (Secured or
Unsecured)
From Members
From Others
Additions or deductions
(including those of
depreciation), if any,
during the year.
Liabilities
For expenses
Loans (Secured and
Unsecured) Good,
Doubtful Loans,
Scholarships;
14
For advances
For rent and other
deposits
For Sundry credit
Balances.
Other Loans:
Advances
To members
To Employees
To Contractors
To others
Cash and Bank Balances
(a) In current Account for
fixed deposit account
with (giving name of
and state in whose
name the account
stands)
(b) With the members
(give names).
( c) With others (give
names)
Total Rs Total Rs
The above balance sheet to the best of my/our belief contains a true account
of the funds and liabilities end of the property and assets of the society.
Dated : As per our report of even date
Place :
Signature
Chartered Accountants
Auditors.
Full name and address of the
15
Chartered Accountant/Auditors.
Signature
Full name and address of the
Signatory.
SCHEDULE IV
[See rule 9(1) ]
Name and address of the Society :
Registration No. of the Society under the
Societies Registration Act,1860
Income and Expenditure Account for the year ending …19
Expenditure Current
Previous
year
Year
Income Current
Previous
year
Year
To expenses in By rent accrued/realized
respect of Properties By Interest
Rates Taxes,
Cesses
Repairs and accrued/
Maintenance realised
Salaries
16
Insurance
Depreciation(by) (a) On securities
way of provisions (b) Onloans
or adjustment (c ) On Account
To Establishment By Dividends
expenses By donations in
Cash or kind
To remuneration of
Office bearers
To Legal Expenses
To Audit Fees By grants bearers
By fees
To amount written offa)
Bad debts
b)Loan Scholarships
c)Irrecoverable rents
By subscriptions
By income from other
sources(give details
as far as possible)
d)Subscription By transfer from reserves
and fees
e)Other Items
To Miscellaneous By transfer from reserves
Expenses By deficit carried over to
To Depreciation balance sheet.
To amounts transferred
to reserve or
specific funds
To expenditure on
Objects of the society
To surplus carried over
To balance sheet
17
_________ ________
Total Rs. _________ Total Rs. ________
Dated : As per our report of even date
Place :
Signature
Chartered Accountants
Full name and address of the
Signatory.
Full name and address of the
Auditors.
18
SCHEDULE V
[See Rule 12(2)]
Register of Audit Report
Name and address of the Society
Registered No. and Name of the Society.
Year under
Audit
Date of Receipt Name of Auditor Remarks
1 2 3 4
19
SCHEDULE VI
[See Rule 15)]
List of Members to be maintained by the governing body
of a society
Name and address of the Society:
Registration No. of the society under the Societies Registration Act,
1860.
Serial
No.
Name and
address of the
members
Date of
admission
Signature of
the
members
Remarks
1 2 3 4 5
20
*****
21

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