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Section 46

The Tamil Nadu Societies Registratlon Act, 1975State Act of Tamil Nadu · Act 27 of 1975

(1) Where a society, which is compulsorily registera- penalty for ble under sub-section (1) or sub-section (2) of section 4, non-compliance fails to get itself registered within the period specified for with Act.

registration, every person who is a member of such society, shall be punishable with fine which may extend to fifty rupees and in the case of a continuing failure with fine which may extend to five rupees for every day during which the failure continues.

(2) Any registered society which makes default in complying with any of the requirements of this Act or contravenes any of the provisions thereof and every officer of the registered society, who is knowingly a party to the default or contravention, shall be punishable with fine which may extend to one hundred rupees, and in the case of a continuing default or contravention with fine which may extend to fifty rupees for every day during which the default or contravention continues.

Penalty for 47- Any person who wilfully makes or causes to be falsifying made any false entry in, or any omission from, any documents register, account, balance sheet, or other document, required by this Act to be maintained by a registered society, shall be punishable with tine which may extend to five hundred rupees.

48. The committee of a registered society which, or an officer, employee, or a paid servant or any member of the society who, wilfully makes a false return or furnishes false information, or any person who wilfully or without any reasonable excuse, disobeys any summons, requisition or other lawful order, or direction issued under the provisions of this Act or who wilfully withholds or fails to furnish any information lawfully required from him by a person authorized in this behalf under the provisions of this Act, shall be punishable with fine which may extend to five hundred rupees.

Power to 49. (1)The Registrar may, in his discretion and upon an Condone to application in writing by any society, or, as the case may delay in registered society, made within the period cases Certain prescribed under sub-section (1) or sub-section (2) of section Cases 4, clause (1) of Section13, sub-section(2) of section 15, sub-section (3) of section 16 or section 27, allow to such society further time not exceeding such period as may be prescribed to comply with any of the provisions aforesaid.

*{“(2) The Government or the Registrar, upon an application in writing by any society, or, as the case may be, by any registered society, to condone the delay in complying with the time limit prescribed under sub-section (1) or (2) of section 4, clause (1) or the further time limit allowed under sub-section (1), may for such period and on payment of such fine as may be prescribed, condone the delay”.} *This section was inserted by act 12 of 2013 and notified in the Official Gazette of Tamil Nadu on 29th day of may 2013 and came into force from 01.07.2013.

Cognizance of 50. No court inferior to that of a metropolitan offences. magistrate or a judicial magistrate of the first class shall try any offence under this Act.

CHAPTER VI.

FEES AND SUPERVISION.

Fees. 51. (1) There shall be paid to the Registrar in respect of the several matters mentioned in the Schedule, the fees therein specified.

(2) The Government may, in their discretion, remit, in whole or in part, any fee payable under this Act.

(3) The Government may, by notification, authorize the Inspector-General of Registration or any officer subordinate to him to exercise the power vested in them by subsection (2) and may in like manner withdraw such authority.

Penalty for furnishing false information or disobeying summons, requisition or other lawful order or direction.

(4) The exercise of the power delegated under subsection (3) shall be subject to such restrictions and conditions as may be specified in the notification and also to control and revision by the Government or by such officer as may be empowered by the Government in this behalf.

The Government shall also have power to control and revise the acts or proceedings of any officer so empowered.

(5) All fees paid to the Registrar in pursuance of this Act shall be accounted for to the Government.

52. (I) The Inspector-General of Registration shall Powers of have superintendence over all other Registrars functioning Inspectorunder this Act. General of Registration

(2) No prosecution shall be instituted under this Act without the previous sanction in writing of the Inspector-General of Registration.

. CHAPTER VIL MISCELLANEOUS.

53. Every society registered under the Societies Regist- Application of ration Act, 1860 (Central Act XXI of 1860), or under Act to existing any law corresponding to this Act in force in the trans- registered ferred territory immediately before the date of the com- societies, mencement of this Act including the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 (Travancore-Cochin Act XII of 1955), shall be deemed to be registered under this Act, and the bylaws of such society, shall, in so far as they are not inconsistent with any provision of this Act, continue in force until altered or rescinded.

54. The Government may, by general or special order Exemption • whether prospectively or retrospectively,—

(1) exempt from all or any of the provisions of this Act or from any rule made under this Act, or

(2) direct that any such provisioner any such rule shall apply with such modifications as may be specified in the order, to any society or registered society or class of societies or of registered societies.

Acts of 55. No act or proceeding of a registered society or registered any committee or of any officer of the society shall be societies, etc., deemed to be invalid merely on the groundnot to be invalidated by certain defects. (a) of any vacancy or defect m the organisation of the society or the formation of the general body or the constitution of the committee ;

(b) of any defect or irregularity in the election or appointment of a member of the committee or an officer of the society | or

(c) of any defect or irregularity in such act or proceeding not affecting the merits of the case.

Power to 56. (1) The Government may make rules to carry out make rules, the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide force) the objects which may be recognized for the purpose of section 3 ;

(6) the matters in respect of which a society may or shall make by-laws and the procedure to be followed in making, altering and abrogating by-laws and the conditions to be satisfied prior to such making, alteration or abrogation ;

(c) the forms to be used for the purposes of registration of societies and for filing documents required or authorized to be filed under this Act ;

(J) the form of accounts, returns and registers required by this Act and the manner in which any such accounts, returns or registers shall be verified;

(e) the nature of the particulars of the mortgage or charge to be filed with the Registrar under section 32;

(/) the qualifications of auditors and the members appointed under sub-section (1) of section 16 and of the persons authorized to hold inquiry under section 36 ;

{g) the procedure to be followed by liquidators under this Act ;

(h) the inspection of documents kept by the Registrar and the grant of copies thereof ;

(i) the safe custody of books, papers and documents in the Registrar's office and the destruction of such of the books, papers and documents aforesaid as need no longer be kept ;

(j) the time within which appeals under section 45 shall be preferred ;

(k) any other matter which has to be or may be prescribed.

Where this provision sits

ActThe Tamil Nadu Societies Registratlon Act, 1975
Section46
JurisdictionState of Tamil Nadu
StatusIn force as published by the source

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