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Union of India - Section
Section 3 in The Societies Registration Act, 1860
3. Registration and fees .
- Upon such memorandum and certified copy being filed, the Registrar shall certify under his hand that the society is registered under this Act. There shall be paid to the Registrar for every such registration a fee of fifty rupees, or such smaller fee as [the State Government] [Substituted by A.O.1950, for " Provincial Government" .] may, from time to time, direct; and all fees so paid shall be accounted for to [the State Government] [Substituted by A.O.1950, for "Provincial Government" .].| Uttar Pradesh.- In its application to the State of Uttar Pradesh, for section 3, substitute the following section, namely: -3.(1) Upon such memorandum and certified copy being filed along with particulars of the address of the Society's office which shall be in registered address, by the Secretary of the Society on behalf of the persons subscribing to the memorandum, the Registrar shall certify under his hand that the society is registered under this Act. There shall be paid to the Registrar for every such registration a fee of one thousand rupees[or such smaller fee as the State Government may notify in respect of any class of societies] [Inserted by U.P. Act 13 of 1978, section 3 (w.e.f. 27.2.1978).].Provided that the Registrar may, in his discretion, issue public notice or issue notices to such persons as he thinks fit inviting objections, if any against the proposed registration and consider all objections, if any against the proposed registration and consider all objections that may be received by him before registering the society.(2) Notwithstanding anything in sub-section (1) the Registrar shall refuse to register a society, if after giving it an opportunity of showing-cause against such refusal, he is satisfied that -(a) the name of the society is identical with that of any other society previously registered under this Act;(b) the name of the society sought to be registered uses any of the words, namely, 'Union', 'State', 'Land Mortgage', Land Development', 'Co-operative', 'Gandhi', 'Reserve Bank' or any words expressing or implying the sanction, approval or patronage of the Central or any State Government, or any word which suggests or is calculated to suggest any connection with any local authority or any corporation or body constituted by or under any law for the time being in force or is such as is otherwise likely to deceive the public or the members of any other society previously registered under this Act;(c) any one or more of the objects of the society sought to be registered is not an object mentioned in sections 1 and 20; or(d) its objects are contrary to any other law for the time being in force.Explanation.- In this Act, the word 'Registrar' means a person appointed as such by the State Government, and includes an Additional Registrar, Joint Registrar, Deputy Registrar, or Assistant Registrar, on whom all or any of the powers of Registrar under this Act are conferred by general or special order of the State Government. [U.P. Act 52 of 1975, section 2 (10-10-1975).]In its application on the State of Uttar Pradesh, in section 3, in sub-section (2), after clause (d) for the existing Explanation, the following proviso substituted and deemed always to have been so: -Provided that the State Government may in exceptional circumstances, for reasons to be recorded permit any society to use the word 'union' or the word 'Gandhi' in its name, and thereupon, the use of that word in the name of the society shall not be a ground for refusal to register or to renew the certificate of registration of such society. [U.P. Act 26 of 1979, section 2].Uttar Pradesh.- In its application to the State of Uttar Pradesh, after section 3, insert the following section, namely: -3A. Removal of certificate of registration.-[(1) Subject to the provisions of sub-section (2), a certificate of registration issued under section 3 shall remain in force for a period of two years from the date of issue: [Substituted by U.P. Act 11 of 1984, section 3 (30.4.1984).]Provided that certificate issued before the commencement of the Societies Registration (Uttar Pradesh Amendment) Act, 1984 (hereinafter in this section referred to as the said Act), shall remain in force for a period of five years from the date of such commencement on payment of difference of the fees specified under sub-section (3) and the fee already paid.](2) A Societies registered under section 3, whether before or after the commencement of the said Act, shall on application made to the Registrar within one month of the expiration of the period referred to in sub-section (1) and on payment of the fee specified in sub-section (3), be entitled to have its certificate of registration renewed for[five years] [Substituted by U.P. Act 11 of 1984, section 3 (30.4.1984).]at a time:Provided that in the case of a society registered before the commencement of the said Act, the Registrar shall refuse to renew the certificate of registration if after giving it an opportunity of showing cause against such refusal, he is satisfied that any of the grounds mentioned in sub-section (2) of section 3 exist in respect thereof.(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 or[rupees twenty-five] [Substituted for the words 'a fee of ten rupees' by U.P. Act 13 of 1978, section 3 (w.r.e.f. 27.2.1978).], whichever is less] if such application is filed within the period specified in sub-section (2);(b) an additional fee of five rupees, if such application is filed within one month of the date of expiration of the period specified in sub-section (2);(c) an additional fee at the rate of two rupees per month or part thereof, if such application is filed beyond one month of the expiration of the period specified in sub-section (2);(4) [ Every application for renewal of the certificate shall be accompanied by a list of members of the managing body elected after the registration of the society of after the renewal of certificate of registration and also the certificate sought to be renewed unless dispensed with by the Registrar on the ground of its loss or destruction or other sufficient cause.] [Substituted by U.P. Act 11 of 1984, section 3 (30.4.1984).](5) A society which fails to get its certificate of registration renewed in accordance with this section within one year from the expiration of the period for which the certificate was operative shall become an unregistered society:Provided that the Registrar may, for sufficient cause allow an application for renewal more than one year after the expiration of the period for which the certificate was operative on payment of a fee of fifty rupees.(6) Where a certificate of registration is renewed in accordance with sub-section (2) or sub-section (5) such renewal shall operate from the date of expiration of the period for which the certificate was operative.[U.P. Act 52 of 1975., section 3 (30.4.984)].(II) After section 3-A of the principal Act, the following section shall be inserted, namely :-"3B. Reference to the State Government.- If any question arises whether any society is entitled to get itself registered in accordance with section 3 or to get its certificate of registration renewed in accordance with section 3-A, the matter shall be referred to the State Government, and the decision of the State Government thereon shall be final."[U.P. Act No. 26 of 1979]In section 3 of the Societies Registration Act, 1863, hereinafter referred to as the principal' Act, for the words"one hundred rupees the words, one hundred fifty rupees"shall be substitutedUTTAR PRADESH.- In section 3-A of the principal Act-(a) for sub-section (1), the following sub-section shall besubstituted, namely:-"(1) Subject to the provisions of sub-section (2), a certificate of registration issued under section 3 shall remain in force for a period of five years from the date of issue ;Provided that a certificate issued before the commencement of the Societies Registration (Uttar Pradesh Amendment) Act, 1984 (hereinafter in this section referred to as the said Act), shall remain in force for a period of five years from the date of such commencement on payment of the difference of the fees specified under sub-section (3) and the fees already paid." [U.P. Act No. 11 of 1984](b) in sub-section (2), for the words,"two years", the words "five years"shall besubstituted;(c) in sub-section (3), in clause (a), for the words"ten rupees", the words, "rupees twenty-five"shall besubstituted;(d) for sub-section (4), the following sub-section shall besubstituted, namely:-"(4) Every application for renewal of the certificate shall be accompanied by a list of members of the managing body elected after the registration of the society or after the renewal of certificate of registration and also the certificate sought to be renewed unless dispensed with by the Registrar on the ground of its loss or destruction or any other sufficient cause." [U.P. Act No. 11 of 1984](1) In section 3 of the Societies Registration Act, 1860, hereinafter referred to as the principal Act, in sub-section (1),-(a) for the Words"five hundred rupees"the words"one thousand rupees"shall be substituted;(b) far the existing proviso the following provisos shall be substituted, namely:-"Provided that the State Government may, by notification in the official Gazette, increase from time to time the fee payable under this sub-section:Provided further that the Registrar may, in his discretion, issue public notice or Issue notices to such persons as he thinks fit inviting objections, if any, against the proposed registration and consider all objections that may be received by him before registering the society." [U.P. Act No. 8 of 2000](2) In section 3-A of the principal Act,-(i) In sub-section (3), for clauses (a), (b) and (c) the following clauses shall besubstituted, namely: -"(a) a fee equal to the registration fee payable under section 3 or rupees two hundred, whichever is less, if such application is filed within the period specified in sub-section (2):Provided that the State Government may, by notification in theOfficial Gazette, increase from time to time the fee payable under this clause subject to the condition that the fee so increased shall not exceed the registration fee payable under section 3;(b) an additional fee of forty rupees or such higher fee not exceeding one-fifth of the fee payable under clause (a) as may be notified by the State Government, if such application is filed within one month of the date of expiration of the period specified in sub-section (2) ; and(c) an additional fee at the rate of twenty rupees per month or part thereof, or such higher additional fee per month not exceeding half of the additional fee payable under clause (b) as may be notified by the State Government, if such application is filed beyond one month of the expiration of the period specified in Sub-section (2)."(ii) In sub-section (5), in the proviso for the words"two hundred rupees"the words"four hundred rupees"or such higher fee not exceeding ten times of the additional fee payable under clause (b) of sub-section (3) as may be notified by the State Government from time to time shall besubstituted. [U.P. Act No. 8 of 2000] |