THE SOCIETIES REGISTRATION ACT, 1860

(ACT NO. XXI OF 1860).

An Act for the Registration of Literary, Scientific and Charitable Societies.

Preamble WHEREAS it is expedient that provision should be made for improving the legal condition of societies established for the
promotion of literature, science, or the fine arts, or for the diffusion of useful knowledge, the diffusion of political education or
for charitable purposes; It is enacted as follows:-

Societies formed by 1. Any seven or more persons associated for any literary, scientific or charitable purpose, or for any such
memorandum of association purpose as is described in section 20 of this Act, may, by subscribing their names to a memorandum of
and registration association and filing the same with the Registrar of Joint-stock Companies form themselves into a society
under this Act.

Memorandum of association 2. The memorandum of association shall contain the following things (that is to say)-

the name of the society:

the objects of the society:

the names, addresses, and occupations of the governors, council, directors, committee or other governing
body to whom, by the rules of the society, the management of its affairs is entrusted.

A copy of the rules and regulations of the society, certified to be a correct copy by not less than three of
the members of the governing body shall be filed with the memorandum of association.
Registration of societies 1
[ 3. Upon the filing of the memorandum and certified copy of the rules and regulations of the society under
section 2, the registrar shall certify under his hand that the society is registered under this Act.

Fees to be paid to the 3A. There shall be paid to the registrar for registration of a society and for matters mentioned in the
Registrar Schedule to this Act, fees specified in that Schedule or such smaller fees as the Government may direct.]

Annual list of managing body 4. Once in every year, on or before the fourteenth day succeeding the day on which, according to the rules
to be filed of the society, the annual general meeting of the society is held, or, if the rules do not provide for an
annual general meeting, in the month of January, a list shall be filed with the Registrar of Joint-stock
Companies of the names, addresses and occupations of the governors, council, directors, committee or
other governing body then entrusted with the management of the affairs of the society.

Property of society how 5. The property, moveable and immoveable, belonging to a society registered under this Act, if not vested in
vested trustees, shall be deemed to be vested, for the time being, in the governing body of such society, and in all
proceedings, civil and criminal, may be described as the property of the governing body of such society by
their proper title.

Suits by and against societies 6. Every society registered under this Act may sue or be sued in the name of the president, chairman, or
principal secretary, or trustees, as shall be determined by the rules and regulations of the society, and, in
default of such determination, in the name of such person as shall be appointed by the governing body for
the occasion:

Provided that it shall be competent for any person having a claim or demand against the society, to sue the
president or chairman, or principal secretary or the trustees thereof, if on application to the governing body
some other officer or person be not nominated to be the defendant.
Suits not to abate 7. No suit or proceeding in any Civil Court shall abate or discontinue by reason of the person by or against
whom such suit or proceedings shall have been brought or continued, dying or ceasing to fill the character
in the name whereof he shall have sued or been sued, but the same suit or proceedings shall be
continued in the name of or against the successor of such person.

Enforcement of judgment 8. If a judgment shall be recovered against the person or officer named on behalf of the society, such
against society judgment shall not be put in force against the property, moveable or immoveable, or against the body of
such person or officer, but against the property of the society.

The application for execution shall set forth the judgment, the fact of the party against whom it shall have
been recovered having sued or having been sued, as the case may be, on behalf of the society only, and
shall require to have the judgment enforced against the property of the society.

Recovery of penalty accruing 9. Whenever by any bye-law duly made in accordance with the rules and regulations of the society, or, if
under bye-law the rules do not provide for the making of bye-laws, by any bye-law made at a general meeting of the
members of the society convened for the purpose (for the making of which the concurrent votes of three-
fifths of the members present at such meeting shall be necessary), any pecuniary penalty is imposed for the
breach of any rule or bye-law of the society, such penalty, when accrued, may be recovered in any Court
having jurisdiction where the defendant shall reside, or the society shall be situate, as the governing body
thereof shall deem expedient.

Members liable to be sued as 10. Any member who may be in arrear of a subscription which, according to the rules of the society he is
strangers bound to pay, or who shall possess himself of or detain any property of the society in a manner or for a
time contrary to such rules, or shall injure or destroy any property of the society, may be sued for such
arrear or for the damage accruing from such detention, injury or destruction of property in the manner
hereinbefore provided.

Recovery by successful But if the defendant shall be successful in any suit or other proceeding brought against him at the instance
defendant of costs adjudged of the society, and shall be adjudged to recover his costs, he may elect to proceed to recover the same
from the officer in whose name the suit shall be brought, or from the society, and in the latter case shall
have process against the property of the said society in the manner above described.
Members guilty of offences 11. Any member of the society who shall steal, purloin or embezzle any money or other property, or wilfully
punishable as strangers and maliciously destroy or injure any property of such society, or shall forge any deed, bond, security for
money, receipt, or other instrument, whereby the funds of the society may be exposed to loss, shall be
subject to the same prosecution, and, if convicted, shall be liable to be punished in like manner as any
person not a member would be subject and liable to in respect of the like offence.

Societies enable to alter, 12.(a) Whenever it shall appear to the governing body of any society registered under this Act, which has
extend or abridge their been established for any particular purpose or purposes, that it is advisable to alter, extend or abridge such
purposes purpose to or for other purposes within the meaning of this Act, or to amalgamate such society either wholly
or partially with any other society, such governing body may submit the proposition to the members of the
society in a written or printed report and may convene a special meeting for the consideration thereof
according to the regulations of the society;

but no such proposition shall be carried into effect unless such report shall have been delivered or sent by
post to every member of the society ten days previous to the special meeting convened by the governing
body for the consideration thereof, nor unless such proposition shall have been agreed to by the votes of
three-fifths of the members delivered in person or by proxy, and confirmed by the votes of three-fifths of the
members present at a second special meeting convened by the governing body at an interval of one month
after the former meeting.

12.(b) 2 [ Any such alteration, extension or abridgement or, as the case may be, amalgamation or any
change in the name, address or list of Directors, members of the executive committee, governing body or
any other body of the society shall be intimated to the registrar for record within twenty-one days from the
date of such alteration, extension, amalgamation or change, as the case may be.]

Provision for dissolution of 13. Any number not less than three-fifths of the members of any society may determine that it shall be
societies and adjustment of dissolved, and thereupon it shall be dissolved forthwith, or at the time then agreed upon, and all necessary
their affairs steps shall be taken for the disposal and settlement of the property of the society, its claims and liabilities,
according to the rules of the said society applicable thereto, if any, and, if not, then as the governing body
shall find expedient, provided that, in the event of any dispute arising among the said governing body or
the members of the society, the adjustment of its affairs shall be referred to the principal Court of original
civil jurisdiction of the district in which the chief building of the society is situate; and the Court shall make
such order in the matter as it shall deem requisite:
Assent required Provided that no society shall be dissolved unless three-fifths of the members shall have expressed a wish
for such dissolution by their votes delivered in person, or by proxy, at a general meeting convened for the
purpose:

Government consent Provided that 3 [ whenever the Government] is a member of, or a contributor to, or otherwise interested in,
any society registered under this Act, such society shall not be dissolved without the consent of the
Government 4 [ * * *].

Upon a dissolution no 14. If upon the dissolution of any society registered under this Act there shall remain after the satisfaction of
member to receive profit all its debts and liabilities any property whatsoever, the same shall not be paid to or distributed among the
Clause not to apply to Joint- members of the said society or any of them, but shall be given to some other society, to be determined by
stock Companies the votes of not less than three-fifths of the members present personally or by proxy at the time of the
dissolution, or in, default thereof, by such Court as aforesaid: Provided, however, that this clause shall not
apply to any society which shall have been founded or established by the contributions of shareholders in
the nature of a Joint-stock Company.

Member defined Disqualified 15. For the purposes of this Act a member of a society shall be a person who, having been admitted
Members therein according to the rules and regulations thereof, shall have paid a subscription or shall have signed
the roll or list of members thereof, and shall not have resigned in accordance with such rules and
regulations; but in all proceedings under this Act no person shall be entitled to vote or to be counted as a
member whose subscription at the time shall have been in arrear for a period exceeding three months.

Governing body defined 16. The governing body of the society shall be the governors, council, directors, committee, trustees or other
body to whom by the rules and regulations of the society the management of its affairs is entrusted.
Registration of Societies 17. Any company or society established for a literary, scientific or charitable purpose, and registered under
formed before Act Assent Act XLIII of 1850, or any such society established and constituted previously to the passing of this Act but
required not registered under the said Act XLIII of 1850, may at any time hereafter be registered as a society under
this Act; subject to the proviso that no such company or society shall be registered under this Act unless an
assent to its being so registered has been given by three-fifths of the members present personally, or by
proxy, at some general meeting convened for that purpose by the governing body.

In the case of a company or society registered under Act XLIII of 1850, the directors shall be deemed to be
such governing body.

In the case of a society not so registered if no such body shall have been constituted on the establishment
of the society, it shall be competent for the members thereof, upon due notice, to create for itself a
governing body to act for the society thenceforth.

Such societies to file 18. In order to any such society as is mentioned in the last preceding section obtaining registry under this
memorandum, etc, with Act, it shall be sufficient that the governing body file with the Registrar of Joint-stock Companies a
Registrar of Joint-stock memorandum showing the name of the society, the objects of the society, and the names, addresses and
Companies occupations of the governing body, together with a copy of the rules and regulations of the society certified
as provided in section 2, and a copy of the report of the proceedings of the general meeting at which the
registration was resolved on.

Inspection of documents 5
[ 19. Any person may inspect all documents filed with the registrar under this Act, or require a copy or
Certified copies extract of a copy of any document to be certified by the registrar, on payment of the fee specified in the
Schedule to this Act in this behalf or such smaller fee as the Government may direct.]

To what societies Act applies 20. The following societies may be registered under this Act:

Charitable societies, societies established for the promotion of science, literature, or the fine arts, for
instruction, the diffusion of useful knowledge, the diffusion of political education, the foundation or
maintenance of libraries or reading rooms for general use among the members or open to the public, or
public museums and galleries of painting and other works or art, collections of natural history, mechanical
and philosophical inventions, instru-ments, or designs.
1
Sections 3 and 3A were substituted, for section 3 by section 2 of the Societies Registration (Amendment) Ordinance, 1978 (Ordinance No. XXXIII of 1978)

2
The clause was added by section 3 of the Societies Registration (Amendment) Ordinance, 1978 (Ordinance No. XXXIII of 1978)

3
The words �whenever the Government` were substituted, for the words �whenever any Government� by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And
Declaration) Act, 1973 (Act No. VIII of 1973)

4
The words �of the province of registration� were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)

5
Section 19 was substituted, for section 19 by section 4 of the Societies Registration (Amendment) Ordinance, 1978 (Ordinance No. XXXIII of 1978).

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