The Tamil Nadu Societies Registration Act, 1975
The apartment owners association registering under the Tamil Nadu Societies Registration Act 1975?
Tamil Nadu Societies Registration Act enacted by the legislative assembly of Tamil Nadu in 1975 relates to registration of societies situated in the State promoting fine arts, crafts, charity, sports , literature, culture or any other public service.
Definitions used in the Act
Committee: Committee in the Tamil Nadu Societies Registration Act, 1975 relates to any person or body of persons who manage the affairs of the society in accordance with its bye-laws.
Court: Court as per Tamil Nadu Societies Registration Act, 1975 unless otherwise specified means the Madras City Civil Court and elsewhere the District Court.
District: District as per the Act of 1975, it means the district formed under Section 5 of the Registration Act, 1908 (Central Act XVI of 1908).
Financial Year: Financial year as defined in the Act signifies the period of twelve months ending with 31st March of each year. The accounts of any society falling under the act must be made public for each financial year.
Government: Government as reflected in the Act signifies the state government for the state of Tamil Nadu.
Memorandum: Memorandum means the memorandum of association of a registered society as originally framed and as amended, from time to time, in pursuance of the provisions of this Act.
Officer: Officer means any person authorized by the bye-laws of the registered society to bring or defend or cause to be brought or defended any action or other legal proceeding.
Registrar: Registrar as per the Tamil Nadu Societies Registration Act, 1975 means the Inspector-General of Registration appointed under Sub-Section (1) of Section 3 of the Registration Act, 1908 (Central Act XVI of 1908.
Key Features of the Act
Societies which may be registered under the Act: According to the Tamil Nadu Societies Registration Act, 1975 any society formed for the promotion of art, craft, charity, literature, culture or any other public purpose may be registered under the act. The society must not have any corporate association or any individuals associated with the same. The society must not constitute of less than twenty members with an annual gross income or expenditure in the previous financial year of not less than ten thousand rupees.
Memorandum and Bye-laws: For the the successful registration of a society under the Tamil Nadu Societies Registration Act, 1975, the application must be filled with the District Registrar along with a memorandum of Association of the society and its bye-laws. The memorandum of understanding must include the name of the society, its aims and objectives along with the name, complete postal address and occupation of the members of the committee.
Contents of Bye-Laws: The bye-laws for successful registration of a society under the Tamil Nadu Societies Registration Act, 1975 must include the identity of the society including its name and other details along with activities intended. The bye-laws must have a clear listing of membership details of the society including eligibility, admission and withdrawal of membership.
The general body details of the society must be mentioned in the bye-laws. Financial details along with funds to be raised and appointment of auditors and liability of members need to be listed in the society bye-laws. All internal matters of settlement and dissolution also need to be listed in the society bye-laws.
Society Management and Administration: The society must have an operational office in the district of its registration. The society must have a name plate outside the premises in a language that is legible to all concerned. The society also needs to maintain a register with details of each member. The details must include the name, address, occupation along with the date of membership and specimen signatures of the concerned member.
Every society needs to keep its accounts and records in place along with the copy of its registered memorandum and its bye-laws. The financial accounts of all assets and liabilities and copy of audit reports must be available in the society head office at all times. Each member must be supplied a copy of the balance sheet and statement of accounts along with the auditor’s report each year. The frequency of society meetings must be clearly defined in the bye-laws and society meetings must be held as scheduled.
What the Act means for people involved?
Tamil Nadu Societies Registration Act, 1975 clearly defines the rules and regulations for incorporation of any society in the state of Tamil Nadu. The Act gives clear guidelines about the type of society that can be registered and its functionality and objectives. The Tamil Nadu Societies Registration Act, 1975 also gives guidelines for day to day functionality including financial transparency, society management and overall administration of the same.
