|
|
|
|
|
|
|
|
|
The Societies Registration Act, 1860
|
|
|
|
(ACT NO.XXI OF 1860) [1]
|
|
|
|
21st May 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:
---
|
|
|
|
COMMENTARY
|
|
|
|
Scope. Short title. “The Societies Registration Act, 1860,”
see the Indian Short Titles Act, 1887 (14 of 1897).
|
|
|
|
Extension. It has been declare to be in force in all the provinces
of Pakistan, except as regards the Scheduled District, by S. 3 of the law of local
extent Act, 1874, (15 of 1874).
|
|
|
|
Sourte of the Act. The Societies
Registration Act, 1860 (With the exception of the first four section) is based on
the (English) Literary and Scientific Institutions Act, 1854 (17 and 18 Vict. C.
112), Ss. 20. See p. 44 infra.
|
|
|
|
Preamble. Registered Society acting contrary to provisions of law.
Effect. No penal Consequences were provided in Societies Registration Act, 1860,
in case registered society or Association was acting contrary to provisions of law.
Affected Party could move concerned Authority for It’s de-registration, if
such provision was available in Law [2]
|
|
|
|
Object of the Act. Innumerable societies, association and clubs
are coming into being for the promotion of literature, science or the fine Arts,
or for the diffusion of useful knowledge, the diffusion of political education or
for the charitable purposes in order to given them a legal status it is necessary
to get them registered under the Societies Registration Act, 1860, subject, however,
to the proviso that no such society or association shall be registered under this
act unless an assent to its being so registered has been given by three-fifth of
the members present personally, or by proxy, at some general meeting convinced for
that purpose by the governing body. A registered society can enforce its rules against
its member, can sue and sued in its own name and can keep accounts in banks. Any
member of the society who steals, purloins or embezzles any money or other property,
willfully and maliciously destroys or injures any property of such society, or forges
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.
|
|
|
|
Charitable societies, the military orphan funds of societies established at the
several presidencies of India, 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
museum and galleries of painting and works or art, collections, of natural history
mechanical and philosophical inventions. Instruments, or designs. The promoters
and members of societies felt a great need for a small booklet for their guidance.
The present edition has been published to meet the same necessity. It is hoped it
will prove very useful to everyone concerned with such societies.
|
|
|
|
Preamble. The opening portion of an Act immediately preceding its
membered sections is known as its permeable. It sets forth, in very succinct term,
the object, which an enactment is designed to achieve, or the purpose, which it
seeks to accomplish. The preamble is not an integral part of a statue, but is merely
introductory to an Act. It does no more than explain the intention of legislation
in a few terse words. In fact it is a sort of preface, which sets forth, in a concise
form, the aim which a particular enactment has in view.
|
|
|
|
Existence of seven members. Not necessary for continuance of a
society. It is wrong to contend that if a member of society expires society would
stand dissolved or that if number of its members is reduced to less than seven its
dissolution shall take place. High court endorsing view taken by two courts below
that registered society which was managing mosque and dispute property did not stand
dissolve due to fat that presently number of its members happened to be less than
seven.2
|
|
|
|
The preamble may be usefully looked at as a guide to ascertain the subject- matter,
scope and object of the statute. The preamble is to be considered “a key to
open the minds of the Act, and the mischief’s they intended to redress”.
[3] it is to be used only for the purpose of ascertaining
what the cases are to which the act was intended to apply
[4]. It is, however a well established rule that effect is to be given to
the clear words of an enacting clause, though they may go for beyond the language
of the permeable, that is that where the words of an enacting clause are clear and
explicit, then their natural and obvious meaning shall not be registered or cut
down by the use of language of less extensive import in the preamble. [5] If then, the words of the enacting clauses, taken together,
are words admitting, according to their natural import, or one meaning, they must
prevail notwithstanding an argument to the contrary otherwise derivable from the
preamble. If, on the other hand, the words, are not so clear and explicit as to
admit of but one clear and distinct meaning, but so clear and explicit as to admit
of but one clear and distinct meaning, but responsible effect may be given to the
words used in the enacting clauses by applying to them another meaning then the
preamble may be looked to, to throw light upon the subject
[6]. Thus two propositions are quite clear-one that a preamble may afford
useful light as to what a statute intends to reach, and another that, if an enactment
is itself clear and unambiguous, no preamble can quality or cut down the enactment.
[7]
|
|
|
|
Application of English Decisions. Cases frequently occur in Pakistan
in which considerable assistance is derived from the law of England and other countries.
In such cases the courts have to see how far such law was founded on common senses
and on the principles of justice between man and man and may safely afford guidance.
[8] English authorities can be referred to only
by way of illustration. They are not in way binding and considerable caution is
necessary in their application [9]. In construing
a section of Pakistani Act, which is based on English enactment, which in fact reproduces
almost word by word the language of an English enactment, the courts in Pakistan,
in practice, if not in theory, are bound by the decisions of the English court of
appeals [10]. Where the language of the section
of English and Pakistan Acts is almost identical Pakistani courts would very much
hesitate to depart from the view expressed by eminent judges in England, unless
there is something internal in the section itself, which would justify its interpretation
in a different way [11]. Society registered under
Act/1860. Its dissolution by Deputy Commissioner would be absolutely illegal, void
and without jurisdiction. Argument’s raised in justification of such order
repelled as not tenable or sustainable [12]. This
Act (with the exception of the first four section) is based on the Literary and
scientific Institutions Act, 1845 (17 & 18 Vict. c. 112), Ss. 20 et seq. so,
English decisions on the said Act will be found useful in interpreting the present
Act. As was pointed out by Sir Montague E. Smith, delivering the judgment of the
judicial committee in Trimble v. Hill [13] , “it
is of the utmost Importance that in all parts of the Empire where English Law prevails
the interpretation of that law by the Court should be as nearly as possible the
same.”
|
|
|
|
1:Societies formed by memorandum of association and registration.
Any seven or more persons associated for any literary, scientific, or charitable
purpose, or for any such purpose as described in section 20 of this Act, may by
subscripting their names to a memorandum of association, and filing the same with
the Registrar of Joint Stock Companies [14] form
themselves into a society under this Act.
|
|
|
|
COMMENTARY
|
|
|
|
Domestic Tribunal (unregistered Association). Where Rules of Association
neither expressly nor by necessary implication empower the removal of its President,
held, that the Domestic tribunal would not be empowered to take penal action or
to remove its President merely because it elected him
[15].
|
|
|
|
Charitable Purpose. The expression “charitable purpose” is defined in
Section 4 (3) of the Income-tax Act, 1922, as including Relief of the poor, education,
medical relief and the advancement of any other object of general public utility.
The popular meaning of the words “charity” and “charitable”
does not coincide with their legal meaning. Charity in its legal sense comprises
four principal divisions: (1) trust for the relief of poverty; (2) trust for the
advancement of education; (3) trust for the advancement of religion; and (4) trust
for other purposes beneficial to the community, not falling under any of the preceding
heads [16]. The trust last referred to are not
the less charitable in the eye of the law, because incidentally they benefit the
rich as the poor, as, indeed every charity that deserves the name must do either
directly or indirectly [17]. It has been held
that the fourth head is very vague, and that it must not be taken to include every
object of general public utility [18]. The court
has to decide on the evidence in each case whether a trust is charitable as being
for the public benefit. The opinion of the settlor that his settlement will benefit
the public is immaterial [19]. “The expression
charitable purposes” in this Act should be understood in a wide sense. If
relief of wants occasioned by lack of pecuniary means is charity, adoption of preventive
measures to ward off pecuniary wants is also charity [20]
|
|
|
|
In Anjuman Islamia of Muttra v. Nasir-ud-Din
[21] the question arose whether a religious society, which had for its object
the control and management of, and the protection of the property appertaining to,
the public mosque in question was validly registered under the societies Registration
Act. It was contended that the registration was not legal because the society was
one for religions purpose only and not for charitable purposes. The allahabad High
court negatived the contention and ruled that a religious purpose may be a charitable
purpose and that a society for religious will ordinarily be a society for charitable
purposes and that any mode of promoting the welfare of mankind would be a charitable
object and the phrase “charitable purpose” as used in this Act is not
registered to the giving of alms or other charitable relief but that it has a much
wider meaning. This decision was followed in a later case of the madras High court,
viz. khaji Md.
|
|
|
|
Hussain v. Masjiday mehmood Jmiat managing committee of pudupet.
[22] In this case it was clear from the memorandum of Association and the
rules and bye-laws of the association in question that one of its main objects was
to conduct the affairs of the mosque by collecting subscriptions, pay the salaries
of the servants and incur expenses for the upkeep of the mosque and do everything
which a manager of a mosque is required to do.
|
|
|
|
From the subscriptions so received the above express should be met and the balance
amount should be utilized for the propaganda of Islamic education, for rendering
pecuniary help to the poor, mussaffirs and worthy alims and ulamas for removing
their difficulties, for other necessary and proper charities, settled then and there
by hanafi and shafi and for conducting all affairs and for purchasing immovable
properties for the perpetual maintenance of the said mosque. It was held on these
facts that there was no doubt that the paramount object of the society was charitable
and that the fact one of the purposes was the management of the affairs of a mosque
cannot take away from it the character of the society as a charitable society. The
society was therefore held to have been valid registered under the Act.
|
|
|
|
“Corporation”. A corporation aggregate has been defined
as a collection of individuals united into one body under a special denomination,
having perpetual succession under an artificial form, and vested by the policy of
the law with the capacity of acting in several respects as an individual, particularly
of taking and granting property, of contracting obligations and of suing and being
sued, of enjoying privileges and immunities in common and of exercising a variety
of political rights more or less extensive, according to the design of its institution,
or the powers conferred upon it either at the time of its creation or at any subsequent
period of its existence [23].
|
|
|
|
In Grant’s Law of corporation (1850), a corporation is defined as “a
continuous identity, endowed at its creation with capacity for endless durations
residing in the grantees of it and their successors, its acts being determined by
the will of a majority of the existing body of its grantees or their successors
at any given time, acting within the limits imposed by the constitution of their
body politic, such will being signified to strangers by writing under the common
seal, having a name, a capacity for taking, holding and enjoying all kinds of property
a qualified right of disposing of its possessions and also a capacity for taking,
holding and enjoying, but inalienably, liberties, franchise, exemptions and privileges,
together with the rights and obligations of suing and being sued only under name
[24]”.
|
|
|
|
In law the individual corporators, or members of which it is composed are something
wholly different from the corporation itself, for a corporation is a legal persona
just as much as an individual [25].
|
|
|
|
Institution. While the present Act contains the term “Society”, the
corresponding term “Institution” is used in the corresponding English
Act, viz, the literary and scientific Institutions Act.
[26] The essential idea conveyed by the word “Institution” in
connection with such adjective as “ literary and “scientific”
is often no more than a system. Scheme or arrangement by which Literature or science
is promoted without reference to the persons with whom the management may rest,
or in whom the property appropriated for these purposes may be vested, save in so
far as these may be regarded as a part of such system, scheme, or arrangement [27].
|
|
|
|
An institution whose object is to help the cause of education from the income and
interest arising out of trust fund has got to be registered under the Societies
registration Act in order to enable it to acquire a juridical statue. In the absence
of registration under the said Act all the trustees in charge of the fund have alone
a legal status. Where a promissory note had been executed in favour of the Institution,
which had no juridical status and was therefore void, no suit can be instituted
to enforce it on behalf of the institution [28].
|
|
|
|
Science. The word “Science” is not confined to pure
speculative science alone but includes various branches of science, such as mechanical
or engineering science [29]. A Society instituted
for the cultivation and promotion of medicine and surgery, and the branches of sciences
connected therewith, has been held to be a scientific society
[30].
|
|
|
|
Fine arts. The expression “fine arts” has been defined
thus, “Arts appealing to the sense of beauty” music, painting, sculpture,
and architecture. Etc, are some of the chief arts [31]”
Music has been held to be a “fine arts [32]”.
As to difference between “fine art” and professional art”. See
R.V. Cockbum.[33]
|
|
|
|
Education. The term [34] ”education”
in general means training up the young in general learning and does not extend to
teaching for a business or profession, as civil engineering
[35].
|
|
|
|
Misconduct. In a case [36] the
petitioner (president of an unregistered Association) was charged for misconduct
in helping another office-better on trial for offence of criminal misappropriation.
It was held that mere helping a person on trial does not amount to misconduct, as
every man is presumed innocent until proved guilty [37].
|
|
|
|
Incorporation of societies under the companies Act. Association
for Promoting commerce, art, science, religion, charity or any other useful object
can also be registered under section 26 of the companies Act, 1913, which runs as
under.
|
|
|
|
“26. (1) Where it is proved to the satisfaction of the central Government
that an association capable of being formed as a limited company has been or is
about to be formed for promoting commerce, art science, religion, charity or any
other useful object, and applies or intends to apply its profits (if any) or other
income in promoting its objects, and to prohibit the payment of any dividend to
its members, the central Government may, by licence under the hand of one of its
secretaries, direct that the association be registered as a company with limited
liability without the addition of the word” Limited” to its name, and
the association may be registered accordingly.
|
|
|
|
“(2) A licence by Central Government under this section may be granted on
such conditions and subject to such regulations as the central Government think
fit, and those conditions and regulations shall be binding on the association, and
shall, if the Central Government so directs be inserted in the memorandum and articles,
or in one of those documents [38].
|
|
|
|
“(3) The association shall on registration enjoy all the privileges of limited
companies, and be subject to all their obligations, except those of using the word
“Limited” as any part of its name, and of publishing its name, and of
sending lists of members to the registrar.
|
|
|
|
“(4) A licence under this section may at any time be revoked by the Central
Government, and upon revocation the Registrar shall enter the word “Limited”
at the end of the name of the association upon the registered, and the association
shall cease to enjoy the exemptions and privileges granted by this section. Provided
that, before a licence is so revoked, the central Government shall give to the association
notice in writing of its intention, and shall afford the association an opportunity
of submitting a representative in opposition to the revocation”.
|
|
|
|
Registrar of joint stock Companies. In sections 1 to 18 of this
Act, the words “Registrar of joint stock companies” is to be construct
to mean the registrar under the Companies Act, 1913 [39].
|
|
|
|
Applicability of the Land Acquisition Act. A Society registered
under the Societies Registration Act is deemed to be Company within the meaning
of the Societies Registration Act is deemed to be a company within the meaning of
the Land Acquisition Act, 1894 [40] , and land
can be acquired for the society under the Act.
|
|
|
|
2. Memorandum of Association. 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, address 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.
|
|
|
|
COMMENTARY
|
|
|
|
Memorandum of association. The memorandum of association of a society
must contain the name of the society, its objects and names and address of the society,
its objects and names and address of the members of the governing body or the executive
committee of the society.
|
|
|
Form of memorandum of Association
(Registered under Act XXI of 1860)
Memorandum of Association
|
|
|
|
(1)
|
The name of the Society is……………………
|
|
|
|
|
|
The Registered office of the Society is situated at……………in
the State of……………..
|
|
|
|
|
|
3. The objects for which the Society is established are:
|
|
|
|
|
|
(a) …………………..
|
|
|
(b) …………………..
|
|
|
(c) …………………..
|
|
|
(d) …………………..
|
|
|
(e) …………………..
|
|
|
|
The names, address and descriptions of the present members of the governing
body are:
|
|
|
|
|
(a) …………………..
|
|
|
(b) …………………..
|
|
|
(c) …………………..
|
|
|
(d) …………………..
|
|
|
|
|
|
The undersigned are desirous of forming a society.
|
|
|
|
|
|
1. Signatures
|
|
|
2. Address and Description
|
|
|
3. Name Address
|
|
|
4. Description of Witnesses
|
|
|
|
3. Registration fees. Upon such memorandum and certified copy being
filled, 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 [41]
(provincial Government) may from time to time direct, and all fees so paid shall
be accounted for to [42] [the Provincial Government.]
|
|
|
|
Registration of Society-Burden of Proofs. Where it is sought to
dispute the registration of a society, it is not necessary for the party seeking
to uphold the registration to prove the signatures to the original memorandum of
association of the society, but the presumption of registration which arises in
fovour of the society does so, not on the certificate of registration granted by
the Registrar under S.3 of the Act, but on the copies certified under S.19, and
of the rules and regulations and of the memorandum of association of the society.
Thus in sunder Singh v. Sunder Singh [43], a committee
authorized two of it its members to a suit. The defendants in the action objected
that there had been no due authorization of the members to institute the proceedings,
the ground of the objection being that the plaintiffs had not discharged the burden
laid on them by S. 106 of the Evidence Act in that they had failed to prove that
due notice had been given to the members of the committee of the meeting at which
the resolution was passed which authorized the two plaintiffs to file the suit.
The Privy Council held that the proof of the minutes of the meeting in question
was sufficient to discharge the burden resting on the plaintiffs.
|
|
|
|
Status of a Registered Society. A Society Registered under the
provisions of the Act, even if not a corporation in the full sense is certainly
a legal person. [44]
|
|
|
|
4. Annual list of managing body to be filled. Once in every year,
on or before the fourteenth day succeeding the day on which according to the rules
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 filled with the Registrar of Joint Stock Companies, of the name, addresses and
occupations of the governors, council, directors, committee, or other governing
body then entrusted with the management of the affairs of the society.
|
|
|
|
COMMENTARY
|
|
|
|
Who can convene a meeting? In order to be a duly constituted meeting
it must be convened by the person authorized to convene it
[45].
|
|
|
|
Notice of meeting. The notice of the meeting and the business to
be transacted must be given to every member of the society entitled to attend, unless
the meeting is held on the day specified in the constitution of the society [46].
|
|
|
|
Opportunity of attending the meeting must be given to every member entitled to attend.
The meeting cannot be valid if a member, to whom it is reasonably possible to summon,
is not summoned, even though the omission is accidental
[47]. A meeting held without notice will be valid if all members of the
society are present and consent to the meeting being held
[48]. Notice of a meeting must be given in a reasonable manner and at a
reasonable time before the meeting is held. Where a particular method of giving
notice is prescribed by the constitution of the society or the byelaws, that method
Cannot be dispensed with and the acts transacted at meeting held in contravention
of the rules can be considered as valid [49].
The notice for a meeting must definitely state that it will be held and must contain
the agenda or a statement of the facts, which will be considered at the proposed
meeting [50]. No business other than the agenda
notice of which has been given to the members can be transacted at a meeting, unless
all the members are present and consent to the inclusion of any other business in
the agenda [51].
|
|
|
|
Quorum. In the absence of a special custom or of special provision
the major part of members of an association must be present at the meeting and of
that major part a majority must be in fvour of the resolution
[52]. When a particular quorum is required for a meeting, acts done at a
meeting in the absence of such meeting cannot be held valid
[53]. In considering whether the requisite number of members is present
at the meeting, only those members must be included who are competent to take part
in the meeting [54].
|
|
|
|
Chairman. The chairman of the meeting must take care that the proceedings
are conducted in a proper manner, and that the sense of the meeting is properly
ascertained with regard to any question, which is regularly before the meeting.
It is not within the power of the chairman to stop the meeting at his own will and
pleasure. He cannot declare the meeting dissolved [55].
|
|
|
|
Adjournment. When it is not possible to transact the whole business for which a
meeting is called, the chairman has power to adjourn the meeting for the purpose
of completing such business, and the adjourned meeting is to be considered as a
part of the original meeting. It is not necessary to give notice of an adjourned
meeting, but in that case no fresh business can be transacted
[56].
|
|
|
|
Misconduct charge of. In a case [57]
the petitioner (president of an unregistered Association) was charged for misconduct
in helping another office bearer on trial for offences of criminal misappropriation.
It was held that mere helping a person on trial does not amount to misconduct, as
every man is presumed innocent until proved guilty [58].
|
|
|
|
Voting. Votes at all meetings are taken by a show of hands and if necessary by a
poll. Voting by show of hands means counting the persons present who are entitled
to vote and who choose to vote by holding up their hands
[59]. Unless expressly allowed by law or usage the chairman cannot have
a casting vote [60].
|
|
|
|
5. Property of society how be vested. The property, movable and
immovable, Belonging to a society registered under this Act, if not vested in trustees,
shall be deemed to be vested for the time being in the governing body of such society,
and in all proceeding, civil and criminal, may be described as the property of the
governing body of such society by their proper title.
|
|
|
|
COMMENTARY
|
|
|
|
English Law. This section is based on S. 20 of the Literary and
Scientific Institution Act [61]. Which runs as
follows: -- “Where any institution shall be incorporated, and have no provision
applicable to the personal property of such institution, and in all cases where
the institution shall not be incorporated, the money, securities for money, goods,
chattels, and personal effects belonging to the said institution, and not vested
in trustees, shall be deemed to be vested for the time being in the governing body
of such institution, and in all such proceedings, civil and criminal, may be described
as the monies, securities, “ goods, chattels, and effects of the governing
body of such institution by their proper title”.
|
|
|
|
Scope. In all legal proceedings the moneys, securities, goods,
chattels and effects belonging to a society and not vested in trustees, may be described
as belonging to the governing body [62].
|
|
|
|
6. Suits by and against societies. 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 an application to
the governing body some other office or person be not nominated to be the defendant.
|
|
|
|
Suits by minority of members. The principles governing the relations
of members of joint stock companies would apply to the case of society registered
under the Societies Registration Act, the opinion and acts of the majority would
be binding on the whole society especially when the rules of the society are to
that effect. The minority have no right of action against the majority in respect
of proceedings of which they do not approve, where the act complained of is an act,
which the majority are entitled to do [63]. A
majority, however large, cannot bind a dissentient minority, however small, to do
that which is not authorized by the constitution of the society
[64]. The minority feelings aggrieved can sue the society even without obtaining
the sanction and consent of the society. The minority may come to the court when
the majority are abusing their powers and are depriving the minority of their rights
[65]. The power conferred on the majority must;
however, he exercised bona fide and the court interferes only to prevent unfairness
or oppression. The supremacy of the majority is subject to three exceptions. (1)
Where the acts complained of are ultra vires the society, (2) where the acts complained
of are a fraud on the minority and, (3) where there is absolute necessity to waive
the rule in order that in order that there may be no denial of justice [66].
|
|
|
|
Domestic Tribunal (unregistered association). Where Rules of Association
neither expressly nor by necessary implication empower the removal of its president,
held, the Domestic Tribunal would not be empowered to take penal action or to remove
its President merely because it elected him [67].
Where a suit is brought by some members of the society on behalf of themselves and
all the members of the society against the president of the society as representing
the society, the Suit cannot be objected to on the ground that the society is the
plaintiff as well as the defendant [68]. If the
governing body of a society refuse to allow proceedings to be instituted in its
name individual members may, at their own risk, make use of its name [69].
|
|
|
|
English Law. This section is based on S.21 of the Literary and
Scientific Institutions Act, 1854 (17 and 18 Vict, c. 112), which reads as follows:
-- “Any institution incorporated which shall not be entitled to sue and be
sued by any corporate name, and every institution not incorporated, may sue or be
sued in the name of the president, chairman, principal secretary or clerk, as shall
be determined by the rules and regulations of the institution
[70], 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 institution to
sue the president or chairman thereof, if, on application to the governing body,
some other office or person be not nominated to be the defendant”. It will
be seen that the language of the corresponding section in the English Act is identical
with that of the present section. See p. 44 Infra.
|
|
|
|
Misconduct-Charge of. In a case [71]
the petitioner (President of an unregistered Association) was charged for misconduct
in helping another office. Bearer on trial for offences of criminal misappropriation.
It was held that mere helping a person on trial does not amount to misconduct, as
every man is presumed innocent until proved guilty [72].
|
|
|
|
Suits by or against a society. A society can sue or be sued in
the name of the president, chairman, principal, secretary, or clerk, as determined
by the rules of the society, or of the rules are silent in the name of the person
appointed for this purpose by the governing body. Any person having claim or demand
against the society may sue the president or chairman, if upon application to the
governing body some other officer or person is not nominated to be the defendant
[73].
|
|
|
|
When it is competent for a corporation as such to commence legal proceedings cannot
be commenced by one or more of its individual members
[74]. A suit by one or against an unregistered society must be brought in
the names of or against all the members of the society
[75]. Thus an unregistered association cannot sue in the name of its secretary
[76]. A suit brought in the names of only some
of the members of such a society cannot be maintained
[77]. Once a society is registered with the registered of Joint stock companies
by the filling of the memorandum and certified copy of the rules and regulations
thereof with the Registrar and the Registrar has certified under his hand that the
society is registered under the Act, the society enjoys the status of a legal entity
apart from its members constituting the same and is capable of suing or being sued.
Society can sue or be sued in its registered name. The use of the registered name
of the society is not compulsory but is permissive [78].
|
|
|
|
Removal-Opportunity of hearing should be given. An Association
passed resolution removing the petitioner and electing another person as president.
No opportunity to explain a charge was never afforded despite is provision in the
rules of Association. It was held that the removal was in flagrant contravention
of rules of Association [79]. Whereon the registration
of the secretary of a society the Managing Committee, by a resolution, authorized
the additional secretary to file a revision petition in the High Court, it was held
that the provisions of section 6 were compiled with and the revision must be considered
to have been properly filed [80]. In a suit against
a society registered under this Act the president and honorary secretary were impleaded
as defendants. The person appointed for acting on behalf of the society refused
to act and no other nomination was made. The court held of the society refused to
act and no other nomination was made. The court held that since no effective nomination
was made by the society the suit was validly instituted against the president and
secretary [81].
|
|
|
|
Plaintiff (Association) filling suit on behalf of Association.
Plaintiff (Association) being registered body had not itself suffered any personal
injury. Maintainability of suit. Registered society being juristic Person/sue jurist
could file and maintain suit but such suit should be filled through its president.
Chairman or secretary as per rules and regulations of the society, where rules and
regulations of registered Society did not authorized any of its office-bearers then
such suit could be filled in the name of any person/member to be appointed by governing
body of said society. Title of plaint in the present case was, however, silent as
to person through whom suit was being filed. Averment In plaint showed general secretary
was authorized to verify plaint/pleadings and to institute suit. Plaintiff had not
filed any copy of rules and regulations or memorandum and articles of association
to show that such Rules, Regulation, Memorandum of Association or articles of Association
conferred authority on secretary of society to institute suit. Plaintiff (Association)
has no intention at the time of institution of suit to file the same as a representative
suit. Application under O. I. R. 8, C. P. C. was filled at belated stage with defective
and incomplete list of its members on whose behalf Association was to file suit
or who were to be impleaded as co-plaintiffs. Application in terms of O.I.R. 8,
C.P.C. was, therefore, without merit and was dismissed in circumstances [82] . [83]
|
|
|
|
The position of a society registered under the Act is more like that of a club or
joint stock company. The position of the members of the society is similar to that
of the shareholders of a company, in order to redress a wrong done to the company
the action should prima facie be brought by the company itself and it is not competent
to a member of the company, either alone or representing himself and the other members
of the company, to bring a suit. The only grievance in respect of the disputed acts
can be of the company. These cardinal principles have been laid down in certain
teaching English Cases [84]. But where the persons
against whom the relief is sought themselves hold and control the majority of the
shares in the company and will not permit an action to be brought in the name of
the company, the Court will allow the shareholders complaining to bring an action
in their own names. This however, is mere matter of procedure in order to give a
remedy to a wrong which would otherwise escape redress, and it is obvious in such
an action that the plaintiff cannot have a larger right to relief than the company
itself would have if it were plaintiff, and cannot complain of acts which are valid
if done with approval of the majority of the shareholders, or are capable of being
confined by majority. The cases in which the majority can maintain such an action
is, therefore, confined to these in which the acts complained of are of a fraudulent
character or beyond the powers of the company [85].
|
|
|
|
Declaratory suit relating to waqf property. Suit by individuals
Maintainability. Although plaintiffs could have formed a society and got themselves
registered under Act XXI of 1860, omission thereof, held would not affect individual
rights to sustain suit relating to waqf property [86].
|
|
|
|
7. Suits not to abate. 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 proceeding shall be continued in the name of or against the successor of such
person.
|
|
|
|
COMMENTARY
|
|
|
|
Scope. This section is based on S. 22 of the literary and Scientific
Institution Act [87] the language of which is
identical with that of the present section. Death or retirement from office of a
plaintiff or defendant does not cause the abatement or discontinuance of civil proceedings
brought by or against a society [88]. A suit by
or against a society will not become defective by reason of the death of one of
its members[89].
|
|
|
|
8. Enforcement of judgment against society. If a judgment shall
be recovered Against the person or officer named on behalf of the society, such
judgment shall not be put in force against the property, movable or immovable, or
against the body of such person or officer, but against the property of the society.
The application for execution shall set for 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.
|
|
|
|
Scope. This section is based on S. 23 of the Literary and Scientific
Institutions Act. Judgments recovered against the nominees of a society are enforceable
against the property of the society and not against the properties of the nominees
[90].
|
|
|
|
9. Recovery of penalty accruing under byelaw. Whenever by any bye-law
duly made in accordance with the rules and regulations of the society, or, if the
rules do not provide for the making of bye-law, 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,
so the governing body thereof shall deem expedient.
|
|
|
|
COMMENTARY
|
|
|
|
Scope. This section is based on S.24 of the Literary and Scientific
Institutions Act, 1854, (17 & 18 Vict, c. 112), which, except for a few verbal
changes, is almost identical with the present section. See p.44 infra. This section
provides for the recovery in a Court of law of pecuniary penalty for the breach
off a bye-law duly made in accordance with the rules and regulations of the society
or, if the do not provide for the making of bye-laws any bye-law mad at a general
meeting by the concurrent votes of three fifths of the members present. The penalty
imposed by a society must be imposed in the manner prescribed the Act and not otherwise
in order that it may be recoverable by court [91].
A corporation can inflict can inflict penalties to enforce bye-law [92]. A bye-law may direct that a reasonable penalty may
be enforced by distress or action for debt, but not without previous demand and
refusal to pay [93].
|
|
|
|
Bye-laws. All regulations made by a corporation and intended to
bind not only itself and its officers and servants, but members of the public who
come within the sphere of their operation, may pronely be called “bye-laws”,
whether they be invalid In point of law, but the term may also be applied to regulations
binding only on the corporation, its officers and servants
[94]. Every corporation has the power to make bye-laws relating to the purposes
for which it is constituted [95]. If any institution
the governing body, if not otherwise legally empowered to do so, may at a meeting
specially convened according to its regulations make bye-laws to regulate the institution,
its members, and officers and to further its objects, and impose a reasonable penalty
for breach of any bye law [96]. Where the constitution
gives power to make bye-laws for the maintenance and government of the corporation,
such bye-laws may be made at any time and from time to time after incorporation
[97]. Where the constitution of a corporation
provides for the making of bye-laws according to a certain form, and in a particular
manner, the provisions of the constitution must be followed
[98].
|
|
|
|
A bye-law is always deemed to have been made with the knowledge and consent of every
member of the corporation. No member can plead ignorance of a bye-law, or allege
that the corporation has no power to make or enforce a bye-law, which was in existence
at the time when he became a member [99]. While
testing the validity of a bye-law regard must be had to the intention of the of
the founder of creating authority as expressed in the constitution of the corporation[100]. Bye-laws made by a society cannot override
the provisions of the Act [101]. When once registration
has been affected, the provisions of the Act will apply and such bye-laws as are
inconsistent with them will become inoperative [102].
Any rule of a society carried on for the equal benefit of all the subscribers, which
gives undue advantage to a class of subscribers is ultra virus and is open to correction
[103]. An officer of a society who retains its
funds contrary to the rules will be restrained by the court
[104].
|
|
|
|
Books of a society are sufficient evidence of the existence of bye-laws entered
in them, even as against strangers. A printed copy of the bye-laws authenticated
by an officer of the society is prima facie evidence that the bye-law is in force,
and was duly made and published [105]. When a
society sues a non-member upon the basis of bye-law, it cannot Refuse to allow him
inspection of the bye-law [106]. Bye-laws are
usually framed by corporations under their inherent powers in order to carry out
the purpose of the corporation or they are framed by public authorities set up by
parliament, and as it is left to the corporations or the public authorities to frame
these bye-laws and carry out their purpose, the courts have certain amount of control
over the bye-laws and can consider their reasonableness. Therefore, a bye-law can
be challenged in a court on account of it’s being unreasonable [107].
|
|
|
|
10. Members liable to be used as strangers Recovery by successful defendant
of costs adjudged. Any member who may be in arrear of a subscription
which, according to the rules of the society he is 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 used
for such arrear or for the damage accruing from such detention, injury or destruction
of property in the manner hereinbefore provided. But if the defendant shall be successful
in any suit or other proceeding brought against him at the instance 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 describe.
|
|
|
|
COMMENTARY
|
|
|
|
Scope. This section is based on S.25 of the literary and Scientific
Institutions Act, 1854(17 & 18 vict. c. 112) and the language of the English
Act, is identical. See p.44 infra. Under this section, a member is liable to be
sued by a society (1) if his subscription is in arrear, (2) for possessing himself
of and detaining property belonging to the society contrary to the rules, and (3)
for injuring or destroying property belonging to the society. If the action against
the member fails he can recover his costs from the officer of the institution suing
him or from the institution. In case of his proceeding against the institution he
can proceed against the property of the institution [108].
|
|
|
|
11. Members guilty of offences punishable as strangers. Any member
of the society who shall steel, purloin, embezzle any money or other property, or
willfully and maliciously destroy or injure any property of such society, or shall
forge any deed, bond, Security for money, recipe, 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.
|
|
|
|
COMMENTARY
|
|
|
|
Scope. This section is based on S.26 of the literary and scientific
Institutions Act, 1854, (17 & 18 Vict, c 11) (See P.44 infra) and provides for
punishment of members for offences under the criminal law whereas section 10 provides
for contravening the civil law. A member of an institution can be prosecuted if
he willfully and maliciously destroys or injures the property of the institution
or causes loss to the institution, just as a non-member can be prosecuted.
|
|
|
|
12. Societies enabled to alter, extend, or abridge their purposes.
Whenever it shall appear to the governing body of any society registered under this
Act, which has been established for any particular purpose or purposes, that it
is advisable to alter, extend, or abridge such 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 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 in to 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 confined 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.
|
|
|
|
COMMENTARY
|
|
|
|
Scope. This section is based on S. 27 of the Literary and scientific
Institutions Act, 1854 (17 & 18 Vict. C. 112) and reproduces the English section
with a few changes. See P. 44 infra. This section empowers the governing body of
any society registered under this Act, which has been established for any particular
purpose, or purposes to alter, extend, or abridge such purpose to or for other purposes
within the meaning of the Act. Where a society is established for a particular purpose,
and the governing body thinks that an alteration, extension, or abridgment of that
purpose, or an amalgamation with any other institution, is advisable, the proposed
modification or amalgamation may be submitted by the governing body to the members
and a special meeting may be convened to consider it. But no proposition can be
carried in to effect unless the report has been delivered or sent by post to every
member of the society ten days before the special meeting and the proposition is
agreed to by three-fifths of the members, and has been confirmed at subsequent meeting
held at an interval of one month [109].
|
|
|
|
The majority of members can amend a rule when it is against the fundamental principles
of the society [110], and a member is bound by
such altered rule [111]. But it is not open to
the majority to alter the fundamental principles upon which an association is founded.
This point was laid down in a case which came up before the madras high court [112], which related to an association formed
for up before Madras high court related to an association formed for the uplift
of the madhawa doctrine. The memorandum of association empowered the council of
association to make bye-laws not inconsistent with the fundamental objects, and
to alter or modify them by majority at the manual general meeting. At a meeting
of association resolution was carried by a majority of the members present giving
precedence to their own Guru and over riding the claims of the minority for equal
treatment. The court held that the resolution seeking to confer a preferential treatment
of one mutt was ultra virus being distinctly a violation of the essential object
of the association, which was to promote the study of Sanskrit and in particular
of the dewaita philosophy of sri Madwacharya amongst the madh was as whole.
|
|
|
|
The above decision is based on several leading English cases, the first of which
is milihgon v. Mitchell [113]. In that case,
a chapel was erected and dedicated exclusively as place of worship for Presbyterians
who conformed to the discipline and doctrines of the National Church of England.
By a resolution of the general body passed subsequently other preachers were allowed
to preach and the question arose, how far the resolution was valid. The court held
that it was not competent to the members to alter the fundamental principles upon
which the association was formed and destroy the trust upon which the property was
held.
|
|
|
|
As Lord Davey observe in free Church of Scotland v Overtoun
[114], the “the question in each case is what were the religious tenets
and principles which formed the bond of union of the association for whose benefit
the trust was created? I do not think that the court has any test or touchstone
by which it can pronounce that any tenet forming part of the body doctrine professed
by the Association is not vital, essential or fundamental, unless parties have themselves
declared it is not to be so. The bond of union, however, may contain within itself
a power in some recognized body to control, alter or modify the tenets and principles
at one time professed by the Association. But the existence of such a power would
have to be proved like any other tenet or principle of the Association”
|
|
|
|
13. Provision for the dissolution of societies and adjustment of their affairs.
Any number not less than three-fifths of the members of any society may
determine that it shall be dissolved, and there upon it shall be dissolved forthwith
or at the time then agreed upon, and all necessary steps shall be taken for disposal
and settlement off the property of the society, its 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 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 for the purpose.
|
|
|
|
Government consent. Provided that whenever
[115], any government is a member is a member of, or a contributor to, or
otherwise interested in any society registered under this Act, such society shall
not be dissolved [116] without the consent of
Government of the province of registeration.
|
|
|
|
COMMENTARY
|
|
|
|
Scope. This section is based on 5. 29 of the Literary and Scientific
institution Act, 1854 (17 and 18 Vict. C. 112) which it reproduces with a few verbal
changes (see p. 44infra). Three-fifths or any larger number of members may determine
that a society shall be dissolved either immediately or at the time then agreed
upon. In such event all necessary steps must be taken for the disposal and settlement
of the property of the society, its claims and liabilities. In the even of a dispute
among the governing body or members, the adjustment of the affairs of the society
is to be made by a court [117]. As to the liability
of a member of a society on a winding-up see the under mentioned case [118].
|
|
|
|
“Principal Court of original civil jurisdiction.” According
to this section, the adjustment of the affairs of the societies registered under
the Act is to be referred to the principal Court of original civil jurisdiction.
Hence a reference to arbitration and an award and decree thereon is of no use and
is without jurisdiction [119].
|
|
|
|
1. Upon a dissolution no member to receive profit-clause not to apply to joint
stock companies. If upon the dissolution of any society registered
under this Act there shall remain, after the satisfaction of all its debts and liabilities,
any property whatsoever, the same shall not be paid to or distributed among the
members of the said society or any of them, but shall be given to some other society,
to be determined by 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.
|
|
|
|
COMMENTARY
|
|
|
|
Scope. This section is based on S.30 of the literary and scientific Institutions
Act, 1853 (17 and 18 Vic. C. 112) and is verbatim reproduction there of, see infra.
Where a literary or scientific institution, not established for the purpose of gain
is dissolved by its members, its property ought to be given to some kindred institution,
to be determined in manner prescribed in this section, even if the rules contain
a provision that the property of the society on its dissolution is to be divided
amongst its shareholders, such a provision being contrary to the Act [120]. A society falling within the general scope of the
general scope of the Act may be an institution in the nature of a joint stock company
within the exception in this section, although it is not formed for the purpose
of profit, if is has other usual India of joint stock company as for example, it
has common properties derived from the contributions of its members and held by
them in transferable shares [121].
|
|
|
|
15. Member defined. Disqualified members. For the purposes of this
Act a member of a society shall be a person who, having been admitted thirteen 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 regulation, but in all proceedings under this Act no person
shall be entitled to vote or be counted as member whose subscription at the time
shall have been in arrear for a period exceeding three months.
|
|
|
|
COMMENTARY
|
|
|
|
Scope. This section is based on S.31 of the literary and Scientific
Institutions Act, 1854 (17 and 18 Vict. C. 112) the language of which is identical
with that of the language of which is identical with that of the present section.
See p. 44 infra. Termination of membership is regulated by the bye-laws of the association
concerned. In order to determine the quorum at a meeting it is necessary to find
out who were the persons eligible to attend the meeting. The latter part of this
section shows that in all proceedings under the Act a member whose subscription
had been in arrear for over three months should not be counted as a member [122]. Because a requisition to convene a meeting. Otherwise
good, is signed by some more persons who on roll of the society but who were not
entitled to vote at the meeting, the requisition does not thereby become bad [123].
|
|
|
|
Misconduct-Charge of. In a case [124]
the petitioner (president of an unregistered Association) was charged for misconduct
in helping another office bearer on trial for offences of criminal misappropriation.
It was held that mere helping a person on trial does not amount to misconduct, as
every man is presumed innocent until proved guilty [125].
|
|
|
|
Suit to enforce right to membership. Where an institution is managed
by subscription contributed by the public no suit lies against the managing Committee
by any member of the public to enforce the right to subscribe and to be admitted
to be the privileges of membership [126].
|
|
|
|
16. Governing body defined. 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.
|
|
|
|
COMMENTARY
|
|
|
|
Scope. This section is based on S.32 of literary and scientific
Institutions Act, 1854(17 and 18 Vict. C. 112) which runs as follows. “The
governing body of the institution shall be the council, directors, Committee, or
other body to whom, by Act of parliament, charter or the rules and regulations of
the institutions of the institution, the management of its affairs is entrusted.
|
|
|
|
Duty of officers. It is the right and duty of the officers of a
corporation to inform and guide the corporators in matters affecting the corporators
in matters affecting the corporate interest [127].
|
|
|
|
16A [128]. Notwithstanding anything
contained in the memorandum of association, rules or regulations of a society registered
under this Act, Government of the province of registration may dissolve the governing
body of such society and reconstitute or reorganize the governing body and entrust
thereto the management of the affairs of the society subject to such conditions
as it may deem fit to impost.
|
|
|
|
N. W. F. P. Substitution of 16-A. by N. W. F. P. Act IV of 1976.
|
|
|
|
16-A. Supersession of governing body of a society. (1) Notwithstanding
anything contained in the memorandum of Associations, rules or regulations of a
society registered, under this Act, if, after such inquiry as may be necessary,
the provincial Government is of the opinion that the governing body of the society.
|
|
|
|
(a) Is unable to discharge or persistently fails in discharging its duties, or
|
|
(b) Is unable to administer its affairs or meet its financial obligations, or
|
|
(c) Generally acts in a manner contrary to public interest or the interest of the
members of the society, the provincial Government may, by notification in the official
Gazette, declare the governing body to be superseded for such period not exceeding
one year, as may be specified in the notification.
|
|
|
|
(2) On the publication of notification under sub-section
|
|
(1), --
|
|
(a) The office-bearers and other members of the governing body shall cease to hold
office: and
|
|
(b) All functions of the governing body shall, during the period of supersession,
be performed by a governing body constituted by the provincial Government or by
such authority as the provincial Government may appoint for the purpose.
|
|
(3) On the expiry of the period of supersession, the governing body of the society
shall be reconstituted, in accordance with its memorandum of association, rules
and regulations.”
|
|
|
|
Punjab Substitution of Section 16-A by Punjab Act IX of 1976. Sind Substitution
of Section 16-A by Punjab Act V of 1976.
|
|
|
|
COMMENTARY
|
|
|
|
Anjuman (Society) of mosque. Dissolution of Challenge to a plan
for reconstruction of mosque submitted to municipal Committee and copy of memo,
in this respect, was endorsed by Chairman M.C. Sheikhupura to sh. Masud Jilani as
president of Anjuman. Anjuman was constituted and registered in 1981 but nobody
including respondents raised a little finger either to its Constitution or its assumption
of management of mosque. There is no misconduct on part of petitioners. Held Contention
that membership of petitioner (Anjuman) being limited to 11, it is in fact closed
door management with no access to others, is controverted by Minutes Book according
to which, strength of members is 42 [129].
|
|
|
|
17. Registration of societies formed before Act. Assent required.
Any Company or society established for a literary scientific, or charitable purposes
and registered under Act XLIII of 1850 [130],
or any such society established and constituted previously to the passing of this
Act but not registered under the said Act XLIII of 1850 may at any time hereafter
be registered as 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
[131], the director 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.
|
|
|
|
COMMETARY
|
|
|
|
Scope. Paragraph 2 of this section is based on S.32. Of the Literary
and Scientific Institution Act, 1854(17 & 18 Vict. C. 112). See p. 44 infra.
|
|
|
|
18. Such societies to file memorandum, etc. with Registrar of Joint
Stock Companies. In order to any such society as is mentioned in the last proceeding
section obtaining registry under this Act. It shall be sufficient that the governing
body file with the Registrar of Joint Stock Companies (x x x)
[132] memorandum showing the name of the society, the objects of the society,
and the names, address and 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 proceedings of the general meeting at which the registration was
resolved on.
|
|
|
|
COMMENTARY
|
|
|
|
Scope. Where rules were made before the society was registered
but a copy of them was lodged with the registrar under this Section, the fact that
they were so filed does not, however, invest them with any special legal force [133].
|
|
|
|
19. Inspection of documents. Certified copies. Any person may inspect
all documents filled with the Registrar under this Act may inspect all documents
filled with the Registrar under this Act on payment of a fee of one rupee for each
inspection, and any person may require a copy or extract of any document or part
of any document, to be certified by the Registrar, on payment of two annas for every
hundred words of such copy or extract and such certified copy shall be prima facie
evidence of the matters thirteen contained in all legal proceeding in all legal
proceedings whatever.
|
|
|
|
COMMENTARY
|
|
|
|
Presumption of proper registration. Presumption that an association
is, duly registered arises not on the certificate of registration granted by the
Registrar under S.3 of the Act, but on the copies of the rules and regulations and
Memorandum certified under S.19, which constitutes them prima facie evidence of
the matters therein contained [134].
|
|
|
|
20. To what societies Act applies. The following societies may
be registered under this Act, Charitable Societies, (x x x)
[135] societies established for the promotion of science, literature or
the fine arts, for instruction, the diffusion of useful knowledge, the (diffusion
of political education) [136] the foundation
or maintenance of libraries or reading-rooms for general use among the members or
upon to the public or public museums and galleries of paintings and other works
or art, collections of natural history, mechanical and philosophical inventions,
instruments or designs.
|
|
|
|
COMMENTARY
|
|
|
|
English Law. This section is based on S.33 of thee literary and
Scientific Institution Act, 1854, (17 & 18 Vict. C. 112), which reads as follows.
“The Act shall to every institution for the time being established for the
promotion of science, literature, the fine arts, for adult instruction, the diffusion
of useful knowledge, the foundation or maintenance of libraries or reading-rooms
for general use Among the members or open to the public museums and galleries of
paintings and other works of art, collections of natural history, mechanical and
philosophical inventions, instruments, or designs, provided that the Royal Institution
and the London Institution for the advancement of literature and the diffusion of
useful knowledge shall be exempt from the operation of the Act.”
|
|
|
|
Scope. The literary and Scientific Institutions Act, 1854, applies
to all institutions, whether incorporated or not, for the time being established
for the promotion of science, literature, the fine arts for adult education, the
diffusion of useful knowledge, the foundation or maintenance of liberties, reading-rooms
for general use among the members or upon to the public, of public museums and galleries
of paintings and other works of art, collections of natural history, mechanical
and philosophical inventions instruments or designs [137].
|
|
|
|
Under the corresponding English statute, it has been held that the Act is not confined
to institutions of a public or charitable nature, but includes private institutions
established for the purposes of the Act [138].
The Act does not authorize the establishment of institution of institutions for
recreation or enjoyment as distinguished from instruction
[139]. A literary and scientific institution founded and established by
the issue of transferable shares, entitling their holders to the property of the
institution, but bearing no dividend, has been held to be an institution “founded
or established by the contributions of shareholders in the nature of joint stock
company” so as to escape the operation of S. 30 of the Literary and scientific
institutions Act, 1854, which forbids a distribution of the property among the members
on a dissolution [140]. In a case a society was
formed in 1944 for the promotion of “moral and intellectual improvement by
means of libraries for circulation and reference, newspapers and periodical publications,
lectures, discussions and classes for instructions and improvement in literature
and the arts and sciences”. The society consisted of life members, of shareholders,
and annual subscribers. The property was vested in trustees. No trust deed was executed
and the society was not registered under the companies Act. It was held that the
society was an institution within the meaning of the Literary and Scientific institutions
Act, 1854(17 & 18 Vict, C. 11, and S.33 [141].
|
|
|
|
A Society falling within the general scope of the Literary and Scientific Institution
Act, 1854 may be an institution in nature of a joint stock company within the exception
in S.30 of the said Act although not for the purposes of profit, if it has the other
usual indicia of joint stock company as, for example, if it has common property
derive from the contributions of its members and held by them in transferable shares
[142].
|
|
|
|
Domestic Tribunal (unregistered Association). Where rules of Associations
neither expressly nor by necessary implication empower the removal of its president,
held, that the Domestic tribunal would not be empowered to take penal action or
to remove its president merely because it elected him
[143].
|
|
|
|
Society established for purposes of recreation. In Re badger, mansell
v. Cobham [144], a case under the Literary and
Scientific Institutions Act, 1854, it has been held that institutions established
for purposes of recreation or enjoyment, e.g. the playing of billiards as distinguished
from the literary, scientific and other instructional purposes and not within the
scope and of the Act. Institution of civil Engineers, the property and income of
which were legally appropriated and supplied to the general advancement of mechanical
or engineering science, not to the promotion of the professional interest of its
members was held to be registered under the Act [145].
A society organized for the promotion of advancement of agriculture was held to
be a charity society [146]. In Radha swami satsang
sabha v. Tara chand [147] it was objected that
there was no society registrable under the societies Registration Act. The objects
of the sabha as set out in the memorandum of association were as follows.
|
|
|
(a) To regulate the conduct of business pertaining to satsang is, i.e. the followers
of the Radhaswami faith, and the institution of the Randhaswami faith for the conduct
of religious services, i.e. the central satsang and branch satsang.
(b) To collect, preserve and administer the properties movable and immovable, that
have been or may hereafter be dedicated to Radhaswami Dawal or that may be acquired
for or presented to Radhaswami satsang and to deal with and apply the same the furtherance
of the religious and charitable objects of that satsang.
(c) To do the above and all such other things as are incidental or conducive to
the attainment of the above objects, provided that the mandates, if any, of the
sant sat Guru of the time, who is recognized as the representative of the supreme
creater Radhswami Dayal shall be paramount and absolute in all matters referred
to above.
|
|
|
|
It was proved that the sabha was a well-organized society with a minimum of 40 members
having a secretary and an executive committee. It had an educational institute with
a managing committee and also had a dairy and an agriculture farm, the ostensible
objects of which were, firstly, to provide to the above institute and members of
the community an opportunity of obtaining first hand knowledge of the various practice
employed in modern farming. And secondly to secure a pure and abundant supply of
fresh vegetables and pure butter and milk to the residents of Dayalbagh. The society
had a hospital and sadhus were supplied board and lodging by it. It was held that
the society was a charitable institution [148].
|
|
|
|
THE LITERARY AND SCIENTIFIC INSTITUTIONS ACT, 1854
|
|
(17 and 18VICT. C. 112)
|
|
(11th august, 1854)
|
|
|
|
An Act to afford greater facilities for the establishment of institutions, for the
promotion of Literature and Science and the Fine Arts, and to provide for their
better regulation. Whereas it is expedient that greater facilities should be afforded
for procuring and settling sites and buildings in trust for institutions established
for the promotion of literature, science, or the fine arts, or for the diffusion
of useful knowledge, and that other provisions should be made for improving the
legal condition of such institution. BE IT THEREFORE ENACTED as follows.
|
|
|
|
1. One acre may be granted as site for institutions, etc. Any person
in England, Wales or Ireland, being seised in fee simple fee tail or for life or
and in any manor or lands of freehold, copyhold or customary tenure, and having
the present beneficial interest therein, may grant, convey, or enfranchise, by way
of gift, sale or exchange, in free simple or for a term of years, any quantity not
exceeding one acre of such land, whether built upon or not, as a site for any such
institution as hereinafter described, provided that no such grant made by any person
siesed only for life and in any such manor or lands shall be valid, unless it there
be any person next entitled to the same in remainder in fee simple or fee tail,
and if such person be legally competent he shall be a party to and join in such
grant, provided also, that where any portion of waste or commonable land shall be
gratuitously conveyed by any lord of a manor for any such purpose of a like nature
in the said land shall be barred and divested by such conveyance
[149].
|
|
|
|
2. Chancellor and council of the duchy of Lancaster empowered to grant lands
for the site of in institution. The Chancellor and Council of her Majesty’s
duchy of Lancaster for the time being, by any deed or writing under the hand an
seal of the chancellor of the said duchy for the time being, attested by the clerk
of the council of the said duchy for the time being, for and in the name of her
Majesty, her heirs and successors, may, if they see fit, grant, convey or enfranchise,
to or in favor of such institution, any land forming part of the possessions of
the said duchy, not exceeding in the whole one acre in any one parish, upon such
terms and conditions as to the said chancellor and council shall seem meet, and
where any sum or sums of money shall be paid for the purchase or consideration for
such land so to be granted, conveyed or enfranchised as aforesaid, the same shall
be paid in to the hands of the Receiver, General for the time being of the said
duchy or his deputy, and shall be by him paid applied and disposed of according
to the provisions and regulations contained in an act of the forty-eight year of
the reign of his late majesty king George the third, chapter seventy-three, or any
other act or acts now in force for the purpose.
|
|
|
|
3. Officers of the duchy of Cornwall empowered, upon sufficient authority, to
grant land for the site of an institution. Any three or more of the
principal officers of the duchy of Cornwall, under the authority of a warrant issued
for that purpose under the hands of any three or more of the special commissioners
for the time being managing the affairs of the duchy of Cornwall, or under the hands
of any three or more of the persons who may hereafter for the time being have the
immediate management of the said duchy, if the said duchy shall be then vested in
duke of Cornwall, then under the hands of any three or more of the principal officers
of the said duchy, or under the hands of any three or more of the persons for the
time being having the immediate management of the said duchy, may, if they think
fit, and are so authorized by deed grant, convey, or enfranchise to or in favour
of any existing or intended institution any land forming part of the possession
of the said duchy of Cornwall, not exceeding in the whole one acre in any one parish,
upon such term and conditions to the said special commissioners or principal officers
or such other person as aforesaid, shall seem meet.
|
|
|
|
4. If lands cease to be used for the purposes of the act they shall revert.
Provided that upon any land so granted by way of gift as aforesaid, or
any part thereof, ceasing to be used for the purposes of the institution, the same
shall thereupon immediately revert to and become again a potion of the estate or
manor or possessions of the duchy as the case may be to all intents and purposes
as if this act or any such grant as aforesaid had not been passed or made, except
that there the institution shall be removed to another site the land not originally
part of the possessions of either of the duchies aforesaid may be exchanged or sold
for the benefit of the said institution, and the money received for equality of
exchange or on the sale may be applied towards the erection or establishment of
the institution upon the new site.
|
|
|
|
5. Persons not having legal estate empowered to convey for the purposes of this
act without the concurrence of their trustees. Where any person shall
be equitably entitled to any manor or land, but the legal estate therein shall be
vested in some trustee, it shall be sufficient for such person to convey the land
proposed to be granted for the purpose of this act, without the trustee or trustees
being partly to the conveyance thereof, and where it is deemed expedient to purchase
for the purpose aforesaid any land belonging to or vested in any infant or lunatic,
such land may be conveyed by the guardian or curator of such infant or the committee
of such lunatic respectively, who may receive the purchase-money for same, and give
valid and sufficient discharges to the party paying such purchase-money, who shall
not be required to see to the application thereof.
|
|
|
|
6. Corporation, justices, trustees, etc, may convey lands for the purpose of
this act. Any corporation, ecclesiastical or lay, whether sole or aggregate,
and any officers, justices of the peace trustees, or commissioners, holding land
for public, ecclesiastical, parochial, charitable or other purposes or objects,
may, subject to the provisions hereinafter mentioned, grant, convey or enfranchise
for the purpose of this act such quantity of land as aforesaid, in any manner vested
in such corporation officers, justice, trustees, or commissioners, provided that
no ecclesiastical corporation sole, being below the dignity of a bishop, shall be
authorized to make such grant without the consent in writing of the bishop of the
diocese to whose jurisdiction the said ecclesiastical corporation shall be subject,
provided also, that parochial property shall be granted for such purpose without
the consent of a majority of the rate-payers and owners of property in an majority
of the rate-payers and owners and of property in the parish to with the same belongs,
assembled at a meeting to be convened according to the mode pointed out in the act
passed in the sixth year of reign of his late Majesty, Intituled “An Act to
facilitate the conveyance of workhouses and other property of parishes and of Incorporations
or unions of parishes in England and wales”, and without the concent of the
poor law board, to be testified by their seal being affixed to the deed of conveyance,
and of the guardians of the poor of the union within which the said parish may be
comprise, or of the guardians of the poor of the said parish where the administration
of the relief of the poor therein shall be subject to a broad of guardians, testified
by the guardians of such union or parish being the parties to convey the same, and
that no property held upon trust for charitable purposes shall be grated without
the consent of the charity commissioners.
|
|
|
|
7. How much parties may convey. Where any officers, trustees, or
commissioners, other than parochial trustees, shall make any such grant, it shall
be sufficient if a majority or quorum authorized to act of such officers, trustees,
or commissioners, assembled at a meeting duly convened, shall assent to such grant,
and shall execute the deed of conveyance, although they shall not costitute a majority
of the actual body of such officers, trustees, or commissioners, and the justice
of the peace may give their consent to the of making any grant of land or promises
belonging to any country, riding, or divisions by vote at their general quarter
sessions, and may direct the same to be made in the manner directed to be pursued
on the sale of the sites of goals by an act passed in the seventh year of the reign
of his late Majesty George the fourth intitutled “An act to authorise the
Disposal of Unnecessary prisons in England”.
|
|
|
|
8. Where part only lands subject to a rent under lease is conveyed, the rent
and fine upon renewal of lease may be apportioned. If part only of
any of any land held in the subject to a perpetual rent, or comprised in a lease
for a term of years unexpired, shall be conveyed or agreed to be conveyed for the
purpose of this act, the rent payable in respect of the land subject thereto, and
any fine certain of fixed sum of money to be paid upon any renewals of the lease,
or either of such payments, may be appointed between the part of the said land so
conveyed or agreed to be conveyed, and the residue thereof, and such appointment
may be settled by agreement between the parties following, that is to say, the person
for the time being entitled to the rent where the land is held in fee or the lessee
or other the owner subject to such lease of the lands comprised therein, the person
entitled to the fee subject to the rent, or the lessee or other party entitled to
the land by virtue of such lease or any assignment thereof for the residue of the
term thereby created and the party to whom such conveyance as aforesaid for the
purpose of this act is made or agreed to be made, and when such apportionment shall
be so made it shall be binding on all or underclasses and other persons and corporations
whatsoever and other persons and corporations whatsoever, whether parties to the
said agreement or not.
|
|
|
|
9. Liabilities of tenants, and remedies of landlords as to lands not conveyed.
In case of such apportionment as aforesaid, and after the lands so conveyed or agreed
to be conveyed as aforesaid shall have been conveyed, the person entitled to the
fee or other estate in the lands subject to rent, the lessees, and all parties entitled
under him to the lands not included in such conveyance, shall, as to all future
occurring rent, and all future fines certain or fixed sums of money to be paid upon
renewals, be liable only to so much of the rent or of such fines or sums of money
as shall be apportioned in respect of such last-mentioned lands and the party entitled
to the rent charged or reserved shall have all the same rights and remedies for
the recovery of such portion of the rent last aforesaid as previously to such apportionment
he had for the recovery of the whole rent charge or reserved, and all the covenants,
conditions and agreements, except as to the amount of rent to be paid and of the
fines or sums of money to be paid upon renewals, in case of any appointment of the
same respectively, shall remain in force with regard to that part of the land which
shall not be so conveyed as aforesaid, in the same manner as they would have done
in case such part only of the land had been subject the rent or included in the
lease.
|
|
|
|
10. Any number of sites for separate institutions. Any person or
corporation may grant any number of sites for distinct and separate institutions,
although the aggregate quantity of land thereby granted by such person or corporation
shall exceed the extend of one acre, provided that the site of each institution
do not exceed that extent.
|
|
|
|
11. Grants of sites to corporations or trustees for purposes of institutions.
Where the institution shall not be incorporation, the grant of any land
for the purpose of such institution, whether taking effect under the authority of
the act or any other authority, may be made to any corporation sole or aggregate,
or to several corporations sole, or to any trustees whatsoever, be held by such
corporation or trustees for the purpose of such institution.
|
|
|
|
12. Incorporation of 13 and 14 Vict, c. 28. The provisions of the
act of the fourteenth Victoria, chapter twenty-eight, shall be applicable to the
conveyances of lands in England, Wales, and Ireland made or to be made to trustees,
not being corporations for the purpose of such institutions.
|
|
|
|
13. Form of grants, etc. All grants, conveyances, and assurances,
of any site for an institution under the provisions of this act, may be made accruing
to the form following or as near thereto as the circumstances of case will admit,
(that is to say)
|
|
|
|
“1, or we (or the corporate title of a corporations) under the authority of
an act passed in the year of the region of her Majesty Queen Victoria intitled do
hereby freely and voluntarily, and without any valuable consideration (or do in
consideration of the sums of to me, or us, or the said-paid), grant and convey (add,
if necessary, enfranchise) to all (description of the Premises) and all (my, or,
our or the right), title, and interest of the to and in the same very part thereof,
to hold unto the use of the said corporation and their successors, or of the said
and his or their (heirs, executors, administers or successors) for the purposes
of the said act and to be applied as a site for no other purpose whatever, such
to be under the management an control (set forth the mode in which and the persons
by whom the institution is to be managed and directed, in cases where the land is
purchased, exchanged, or demised, usual covenant or obligations for title may be
added).
|
|
|
|
In witness whereof the conveying and other parties have hereunto set their hands
and seals (or seals only, as the case may be) this day of. Signed, sealed, and delivered
by the said in the presence of. And no bargain and sale or delivery of seisin shall
be requisite site in conveyance intended to take effect under the provisions of
this act nor more then one witness to the execution by the conveying party.
|
|
|
|
14. Death of donor within twelve months not to invalidate grant.
Any deed executed for the purposes of any institution to which this act applies
without any valuable consideration, shall continue valid, otherwise lawful, although
the donor or grantor shall die within twelve calendar months from the execution
thereof.
|
|
|
|
15. Mode of conveying the lords interest and that of copy-holder in copy hold
land. Where land of copyhold or customary tenure shall have been or
shall be granted for the purpose of such institution the conveyance of the same
by and deed wherein the copyholder shall grant and convey his interest, and the
lord shall also grant and convey his interest, shall be deemed to be valid and sufficient
to vest the freehold interest in the grantee or grantees thereof without any surrender
or admittance or enrolment in the lords court, but the fees (if any) payable by
the custom of the manor upon enfranchisement shall be paid to the steward.
|
|
|
|
16. Application of purchase-money for land sold by any ecclesiastical or corporation
sole. Where any land shall be sold by any ecclesiastical or corporation
sole for the purpose of this act, and the purchase money to be paid shall not executed
the sum of twenty pounds, the same may be retained by the party conveying for his
own benefit but when it shall exceed the sums of twenty pounds it shall be applied
for the benefit of the said corporation in such manner as the bishop in whose diocese
such land shall be situated shall, by writing under his land, to be registered in
the registry of his diocese, direct and appoint, but no person purchasing such land
for the purpose aforesaid shall be required to see to the due application of any
such purchase money.
|
|
|
|
17. Application of parts of 8 and 9 of the Vict, c. 18. In cases
not otherwise provided for in this act, the clauses sixty-nine, seventy-one, seventy-two,
seventy-three, seventy-four and seventy-eight of the Lands Clauses Consolidation
Act, 1845, being the eight and ninth Victoria, chapter, eighteen, shall apply in
respect of the application of the purchasemoney of all sites purchased from incapacitated
persons corporations, and trustees, hereby empowered to sell, other than the chancellor
and council of the duchy of Lancaster and the officers of the duchy of Cornwall.
|
|
|
|
18. Trustees may sell or exchange lands or buildings or may let.
If it shall be deemed advisable to sell any land or building not previously part
of the possessions of the duchy of Lancaster or Cornwall held in trust for any institution,
or to exchange the same for any other site the trustees in whom the legal estate
in the said land or building shall be vested may, by the direction or with the consent
of the governing body of the said institution, if any such there be, sell the said
land or building, or part thereof, or exchange the same for other land or building
suitable for the purposes of their trust and receive on any exchange any sum of
money by way of effecting an equality, and apply the money arising from such sale
or given on such exchange in the purchase of another site, or in the improvement
of other premises used or to be used for the purposes of such trust, and such trustees
may, with like direction or consent, let portions of the premises belonging to the
institution not required for the purpose thereof, for such term and under such covenants
or agreement as shall be deemed by such governing body to be expedient, and apply
the rents thereof to the benefits of the institution.
|
|
|
|
19. Trustees to be indemnified from charges, in default thereof empowered to
mortgag or sell the premises. The trustees of such institution, who,
by reason of their being the legal owner of the building or premises, shall become
liable to payment of any rate, charge, costs or expenses shall be indemnified and
kept harmless by the governing body thereof from the same, and in default of such
indemnity shall be entitled to hold the said building or premises and other property
vested in them as a security for their reimbursement, and indemnification, and,
if necessity shall arise, may mortgage or sell the same, or part thereof, free from
the trust of the institution, and apply the amount obtained by such mortgage or
sale to their reimbursement, and the balance (if any) to the benefit of the institution,
subject to the restrictions here before contained with regard to lands given and
belonging to the duchies aforesaid.
|
|
|
|
20. Property on institution how to be vested. Where any institution
shall be incorporated, and have no provision applicable to the personal property
of such institution, and in all cases where the institution shall not be incorporated,
the money, securities for money, goods-chatteis, and personal effect belonging to
the said institution, and not vested in trustees, shall be deemed to be vested for
the time being in the governing body of such institution, and in all proceedings,
civil and criminal, may be described as the moneys, securities, goods, chattels,
and effects of the governing body of such institution by their proper title.
|
|
|
|
21. How suits by and against institutions to be brought. Any institution
incorporated which shall not be entitled to sue and sued by any corporate named
and every institution not incorporated, may sue or be sued in the name of the president,
chairman, principal secretary or clerk, as shall be determined by the rules and
regulations, of the institution, 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 institution
to sue the president or chairman thereof, if, on application to the governing body,
some other officer or person be not nominated to be the defendant.
|
|
|
|
22. Suit not to abate or discontinue. 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 sue or be sued, but the same
suit or proceeding shall be continued in the name of or against the successor of
such person.
|
|
|
|
23. How judgment is enforced against. If a judgment shall be recovered
against the person or officer named on behalf of the institution, such judgment
shall not be put in force against the goods, chattels, or land, or against the body
of such person or officer, but against the property of the institution, and a write
of reviver shall be issued setting forth the judgment recovered, the fact of party
against whom it shall have been recovered having sued or having been sued, as the
case may be, on behalf of the institution only, and requiring to have the judgment
enforced against the property of the institution.
|
|
|
|
24. Institution may make bye-law to be enforced. In any institution
the governing body, if no otherwise legally empowered to do so, may, at any meetings
specially convened according to its regulations make any bye-law for the better
Governing of the institution, its members or officers, and for the furtherance of
its purposes and object, and may impose a reasonable pecuniary penalty for the breach
thereof, which accrued, may by recovered in any local court of the district wherein
the defendant shall inhabit or the institution shall be situated, as the governing
body thereof shall deem expedient, provided always that no pecuniary penalty imposed
by any bye-law for the breach thereof , shall be recoverable unless the bye-law
shall have been confirmed by the votes of three-fifths of the members present at
a meeting specially convened for the purpose.
|
|
|
|
25. Members liable to be sued as strangers. Any member who may
be in arrear of his subscription according to the rules of the institution, or may
be or shall possess himself of or detain any property of the institution in a manner
or for a time contrary to such rules, or shall injure or destroy the property of
the institution, may be sued in the manner hereinbefore provided, but if the defendant
shall be successful in any action or other proceeding at the instance of the institution,
and shall be adjudged to recover his costs, he may elect to proceed to recover the
same from the officer or whose name the suit shall be brought or from the institution,
and in the latter case shall have process against the property of the said institution
in the manner above described.
|
|
|
|
26. Members guilty of offences punishable as strangers. Any member
of the institution who shall steal, purloin or embezzle. The money, securities for
money, goods and chattels of the institution, or willfully and maliciously or willfully
and unlawfully, destroy or injure the property of such institution or shall forge
any deed, bond, security for money, receipt or other instrument, whereby the funds
of the institution may be exposed to loss, shall be subject to the same prosecution.
And if convicted shall 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.
|
|
|
|
27. Institution enabled to alter, extend, or abridge their purpose.
Whenever it shall appear to the governing body of any institution (not having a
royal charter, nor established by nor acting under any act of parliament), which
has been established for any particular purpose, that it is advisable to alter,
extend or abridge such purpose, or to amalgamate such institution, either wholly
or partially, with any other institution or institutions such governing body may
submit the proposition to their members in a written or printed report, and may
convene a special meeting for the consideration thereof according to the regulations,
of the institution but no such proposition shall be carried in to effect unless
such report have been delivered or sent by post to every member ten days previous
to the special meeting convened by governing body for the consideration thereof
nor unless such proposition shall have been agreed to by the votes of three-fifths
of the members present at such meeting, and confirmed by the votes of three-fifths
of the members presents at a second special meeting convened by the governing body
at an interval of one month after the former meeting.
|
|
|
|
28. Power to board of trade to suspend alteration, if applied to by two-fifths
dissentients. If any member of the institution, being not less than
two-fifths In number, consider that the proposition so carried is calculated to
prove injurious the institution, they may within three months after the confirmation
thereof make application in writing to the lords of the committee of Her Majesty’s
privy council for trade and foreign plantations, who at their discretion, shall
entertain the application, and if, after due inquiry, they shall decide that the
proposition, and if, after due inquiry, they shall decide that the proposition,
and if, after due inquiry, they shall decide that the proposition is then calculated
to prove injurious to the institution, the same shall not be then carried into effect,
but such decision shall not prevent the members of such institution from reconsidering
the same proposition on a future occasion.
|
|
|
|
29. Provisions for the dissolution of institutions and adjustment of their affairs.
Any number not less than three-fifths of members of any institution may
determine that it shall be dissolve, and thereupon it shall be dissolved forthwith,
or at the time then agreed upon and all necessary steps shall be taken for the disposal
of and settlement of the property of the institution, its claims and liabilities,
according to the rules of the said institution, applicable there to, 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 institution
the adjustment of its affairs shall be referred to the judge of the court of the
district in which the principal building of the institution shall be situated, and
shall make such order or orders in the matter as he shall deem requisite, or if
he find it necessary, shall direct that proceedings shall be taken in the court
of chancery for the adjustment of the affairs of the institution
|
|
|
|
30. Upon dissolution, no member to receive profit-proviso for joint-stock companies.
If upon the dissolution of any institution of any institution there shall remain,
after the satisfaction of all its debts and liabilities, any property whatsoever,
the same shall not paid to or distributed among the members of the said institution
or any of them, but shall be given to some other institution, to be determined by
the members at the time of the dissolution or in default thereof by the judge of
the country court aforesaid, provided, however, that this clause shall not apply
to any institution which shall have been founded or established by the contributions
of the shareholders in nature of a joint stock company.
|
|
|
|
31. Who is a member. For the purpose of this act, a member of an
institution shall be a person who having been admitted therein according to the
rules and regulations thereof, shall have paid a subscription, or shall have signed
the roll of list of members thereof, but in all proceedings under this act no person
shall be entitled to vote or be counted as a member whose current subscription shall
be in arrear at the time.
|
|
|
|
32. The governing body defined. The governing body of the institution
shall be the council, directors, committee, or other body to whom by act of parliament,
charter, or the rules and regulations of the institution, the management of its
affairs is entrusted, and if no such body shall have been constituted on the establishment
of the institution, it shall be competent for the members thereof, upon the due
notice to create for itself a governing body to act for the institution thereforth.
|
|
|
|
33. To what institutions the act shall apply. The act shall apply
to every institution for the time being established for the promotion of science,
literature, the fine arts, for adult instruction, the diffusion of knowledge, the
foundation or maintenance of libraries of reading-rooms for general use among the
members or open to the public, of public museums and galleries of paintings and
other works of art, collections of natural history, mechanical and philosophical
inventions, instruments, or designs, provided that the royal institution, and the
London institution, for the advancement of literature and diffusion of useful knowledge
shall be exempt from the operation of this Act.
|
|
|
|
34. Parish defined. The term “parish” shall signify
herein any place separately maintaining its own poor.
|
|
|
|
35. Short title of the act. In all deeds, documents proceedings,
suits and prosecutions this act may be cited and described by the name of “The
Literary and Scientific Institutions Act, 1854.”
|
|
|
|
|
It shall come into force on such date as the Provincial Government may, by notification
in the official Gazette, appoint in this behalf.
|
|
|
|
|
(1)
|
This Act (with the exemption of fast four sections) is based on the Literacy and
Scientific Institution Act.1854 (17 and 18 Vict. c. 112) Sc. 20 et. Seq.
|
|
(2)
|
1998 CLC 33.
|
|
(3)
|
Stowel v. Lord Zouch, 1562-3, 1 plowd, 353 at p. 369.
|
|
(4)
|
Emanuel v. Constable, 1827, 3 Russ, 436.
|
|
(5)
|
Crespigny v, Wittenoom, 1792, 4 T.R. 790 at p. 793.
|
|
(6)
|
[Mason v. armjtoge, 1806, 13 Ves, 25 at p. 36; Hughes v. The Chester and Holyhead
Rail C., 1861, 1 Drew and Sm 524 at p. 536; 31 L.J Ch. 97 at p. 100, Channel, B.;
Om Parkash v. E. A. I. R. 1948 N. 199, LL.R. 1947 N.579, 49 Cr. L. J. 230; Ram Kirpal
v. Shri Krishna Deo Partop Singh, A. I. R. 1948 A. 108.
|
|
(7)
|
Powell v. Kompton Park Racecourse Co., 1899, A. C. 143 at p. 157, Earl of Halsbury,
L. C.; Janonendra Nath v. Jadu Nath Benerji, A. I. R. 1938 C.211 42 C. W. N. 81,
I. L. R. 1938 I. C.626; Bhagwan Das v. Moti Chand Rom, A. I. R. 1949 A 612, 1949
A. L. J. 80.
|
|
(8)
|
Collector of Gorakhpur v. Palakhdhari Singh, 12 A. 1 (E. B.).
|
|
(9)
|
In the matter of surat Dhobini, 10 C. 302; Niharendu Dutt v. E. A. I. R. 1942 F.C.
22, 200, I. C. 28 289, 43, Cr. LJ. 504.
|
|
(10)
|
Ramendra v. Barjendra, 21 C. W. N. 794.
|
|
(11)
|
Siam Lal J. Dewan v. Official Liquidator, A. I. R. 1933 A, 789, 145 I. C. 893, 1933
A L. J. 1203.
|
|
(12)
|
NLR 1990 Civil Lah.485.
|
|
(13)
|
1879, 5 A. C. 342 at pp, 344, 345.
|
|
(14)
|
The words “under Act XIX of 1857” were repealed by the repealing Act,
1874 (16 of 1874).
|
|
(15)
|
Abbas Khaleeli v. Saifuddin Valika, PLD 1969 Kar. 692.
|
|
(16)
|
Commissioners of Income-tax v. Pamsel, 1891 A. C. 531, 61 L. J. O. B. 265 65 L.
T. 621, per Lord Macnghtem.
|
|
(17)
|
Verge v. Somerville, 1924 A.C. 496.
|
|
(18)
|
Re Macduff, 1896, 2 Ch. 237.
|
|
(19)
|
Re Hummaltenberg, 1923, 1 Ch. 237.
|
|
(20)
|
Per Mukerji, J. in Aslata Roy v. Society for the Protection of Children A. I. R.
1930 Cal. 397, 51 C.L.J. 272, 126 I.C. 707, 58, C, 15 See also 41 P. R. 1917.
|
|
(21)
|
28 All. 384, 3 A. L. J. 124, 1906 A. W. N. 59.
|
|
(22)
|
1940, 2 M. L. J. 436, I. L. R. 1940 Mad. 671, A. I. R. 167, 1940 Mad. 1940 M. W.
N. 31, 189 I. C. 860.
|
|
(23)
|
Halsbury, Laws of England, Vol. 8, P. 3.
|
|
(24)
|
Grant, Law of Corporations, quoted in Halsbury, Ibid, Vol. 8, p. 4.
|
|
(25)
|
Achland v. Lewis, 13 Digest 369, 1012; Society for the illustration of practical
knowledge v. Abbot, 1840, 2 Beav. 559 13 Digest 272, 7; Re. Sheffield and south
Yorkshire Permanent Building Society, 1889, 22 Q. B. D. 470, 7 Digest 505, 312;
Ganga Sahai v. Baharat Bhan, A.I.R. 1950 A. 480; Satyavart Sidhantalankar v. Arya
Samaj, Bombay, A. I. R. 1946 B. 516; Bappana Rukminamma v. Maganti Venkata Ramadas,
A. I. R. 1940 M. 949.
|
|
(26)
|
Act of 1854 (17 & 18 Vict, c. 112). See P. 44 Infra.
|
|
(27)
|
Manchester Corporation v. Mc Adam, 1896 A.C. 500 at p. 567, per Lord Herschel.
|
|
(28)
|
Jamboodas v. Chawre Jain Boarding, A. I. R. 1934 Nag. 207 (2), 151 I. C. 893, 31
N. L. R. 15.
|
|
(29)
|
Inland Revenue Commissioners v. Forest, 1890, 15 A. C. 334, 60 L. J. Q. B. 281,
63 L. T. 38, 6 1908 A. C. 162.
|
|
(30)
|
R. V. Royal Medical Chirurgical Society of London, 1857, 21 J. P. 789; weir v. Crum
Brown, 1908 A. C. 162.
|
|
(31)
|
The Law Lexion by P. R. lyre.
|
|
(32)
|
Royal College of Music v. Westminster Vestry, 1898, I.Q.B. 809, 817.
|
|
(33)
|
1852, 16 Q. B. 480.
|
|
(34)
|
1879, 5 Q.B.D. 809.
|
|
(35)
|
Re Institute of Civil Engineering, 19 Q. B. D. 610.
|
|
(36)
|
Abbas Khaleeli v. Saifuddin Valika. PLD 1969 Kar. 692.
|
|
(37)
|
PLD 1969 Kar. 692.
|
|
(38)
|
Companies Act, 1913. S. 26.
|
|
(39)
|
Companies Act, 1913, S. 288.
|
|
(40)
|
Acquisition of Land Act, 1894, S.3 (e).
|
|
(41)
|
The words “Provincial Government” were substituted for the words “
Governer General of India In Council” by the Adaptation of Indian Laws Order,
1937.
|
|
(42)
|
The words “The Provincial Government” were substituted for “the
Government” by the Adaptation Order, 1950. The words “ the Provincial
Government” were substituted for the word “Government” by the
Adaptation of India Laws Order, 1937.
|
|
(43)
|
I.L.R. 1938 Lah. 63, 42 C.W.M. 930. A.I.R. 1933 P.C. 73, 1938, I.M.LJ. 359, 40 P.L.R.
247, 172 I.C. 993.
|
|
(44)
|
Ganga Sahai v. Baharat Bhan, A.I.R. 1950 A. 480; Satyavart Sidhantankar v. Arya
Samaj. Bombay, A.I.R. 1946 B. 516; A. S. Krishan v. M. Sundaram, A.I.R. 1941 B.
312; Bappana Rukminamma v. Maganti Venkata Ramadas, A.I.R. 1940 M. 949; but see
Benaras Hindu University v. Gauri Datt Joshi, A.I.R. 1950 A. 196.
|
|
(45)
|
Re State of Wyoming Syndicate, 1901, 2 Ch. 431, 9 Digest 564, 3743; Halsbury, Laws
of England, Vol. 8, p. 51.
|
|
(46)
|
Marchants of the staple of England v. Bank of England, 1887, 21 Q.B.D. 160, 3 Digest
125, 22: Halsbury, Laws of England Vol. 8, p. 52; R.v. Hill, 1825 4.B. and C. 426,
13 Digest 340, 788.
|
|
(47)
|
R.v. Langhorn, 1836, 4 Ad. And El. 538, 13 Digest 339, 775; Halsbury, Vol. 8, p.
52.
|
|
(48)
|
Musgrave v. Nevinson, 1724, 2 I.d. Raym. 1358. 13 Digest 339. 778; Halsbury, Laws
of England, Vol. 8, p. 52.
|
|
(49)
|
R. V. Hill, 1825, 4 B & C. 426 13 Digest 340, 788: Halsbury, Vol. 8, p. 53:
R. v. May, 1770, 5 Burr. 2681, 13 Digest 340, 787.
|
|
(50)
|
Alexander v. Simpson, 1889, 43 Ch. D. 139 C.A., Digest, 567, 2760: Pleal v. London
and North Western Railway Co. 1907, 1 Ch. 6 C.A., 9 Digest 576, 3831: Halsbury,
Laws of England, Laws England, Vol. 8, p. 54.
|
|
(51)
|
R. V. Wake, 1728, 1 Barn. (K.B.) 80, 13 Digest 340, 783; Vol. 8, p. 54.
|
|
(52)
|
Marchants of the staple of England v. Bank of England, 1887, 21 Q.B.D. 160, 13 Digest
339, 777; Sharp v. dawes, 1876 2 Q.B.D. 26, 10 Digest 1109, 7801; Halsbury, Laws
of England, Vol, 8, p. 54.
|
|
(53)
|
Darcy v. Tamar, Kit Hill and Callington Rail, Co., 1866, L.R. 2 Exch. 158, 13 Digest
236, 174; Halsbury, Laws of England, Vol, 8, p.55.
|
|
(54)
|
Re Greymouth-Point Elizebeth Rail and Coal Co., Ltd., Yuill v. Greymount Point Elizabeth
Rail And Coal Co., Ltd., 1904, 1 Ch. 32, 9 Digest 519, 3407; Halsbury, Laws of England,
Vol. 8, p. 54.
|
|
(55)
|
National Dwellings Society v. Sykes, 1894, 3 Ch. 159, 9 Digest 570, 3784; Halsbury,
Laws of England, Vol. 8, p. 58.
|
|
(56)
|
Kerr v. Wilkie, 1860, 6 Jur. (N.S.) 383, 13 Digest 339 782; Scandding v. Lorant,
1851, 3 H. L. Cas, 418, 13 Digest 341 794; R. v. Grimshaw, 1847, 10 Q.B. 747, 33
Digest 60, 360; Halsbury, Laws of England, Vol 8, p. 59.
|
|
(57)
|
Abbas Khaleeli v. Saifuddin Valika, P.L.D 1969 Kar. 692.
|
|
(58)
|
PLD 1969 Kar. 692.
|
|
(59)
|
Anthony v. Anthony v. Seger, 1789,1 Hag. Con. 9; Emest v. Loma Gold Mines Ltd.,
1897, 1 Ch. 1:9 Digest 577, 3846.
|
|
(60)
|
Anon 1773 Loft 315; Halsbury, Laws of England. Vol. 8, p. 60.
|
|
(61)
|
Act of 1854 (17 and 18 Vict. C.112).
|
|
(62)
|
Halsbury, Laws of England Vol. 21, p. 10.
|
|
(63)
|
Lord v. Copper Miners, 1848 2 Ph. 740, 9 Digest 613, 4079; Halsbury, Laws of England,
Vol 8, p. 57.
|
|
(64)
|
Simpson v. Dentson, 1852, 10 Hare 51, 13 Digest 362, 927; Burland v. Earle, 1902
A.C. 83 9 Digest 535, 3525; Halsbury, Vol. 8, p. 57.
|
|
(65)
|
Mac Dougall v. Gardiner, 1875, 1 Ch. D. 13, 9 Digest 580, 3880; Halsbury, Vol. 8,
p. 57.
|
|
(66)
|
Satyavart Sidhantalankar v. arya Samaj, Bombay, 48 Bom. L.R. 341, A.I.R. 1946 B.516.
|
|
(67)
|
Abbas Khaleeli v. Saifuddin Valika, PLD 1969 Kar. 692.
|
|
(68)
|
Satyavart Sidhantalankar v. Arya Samaj, Bombay, A.L.R. 1946 B. 516, 48 B.L.R. 341,
229 I.C. 48.
|
|
(69)
|
Newbiggin-by-the-Sea Gas Co. v. Armstrong, 1879, 13 Ch. D. 310, 9 Digest, 548, 3627;
Halsbury, Vol. 8 p. 116.
|
|
(70)
|
Halsbury, Vol. 8 p. 116.
|
|
(71)
|
Abbas Khaleeli v. Sifuddin Valika, PLD 1969. Kar. 592.
|
|
(72)
|
PLD 1969 Kar. 692.
|
|
(73)
|
Halsbury, Laws of England Vol. 21, p. 11.
|
|
(74)
|
Foss v. Harbottle, 1843 2 Hare 461, 13 Digest 417; 1377, Cotter v. National Union
of Seamen, 1929 2 Ch. 58, 43 Digest 103, 1087; Lord v. Copper Miners, 1848. 2 Ph.
740 9 Digest 613, 4079; Halsbury, ibid, vol. 8, p. 115
|
|
(75)
|
] Mahabir v. Anjuman Wazifatul Muslimin, A.I.R. 1935 A. 872, 1935 A.L.J. 1086, 158
I.C. 762; Ganesha Sing v. Mundi Forest Co., 1899 21 A. 346; Panchaiti Akhara v.
Gauri Kauar, 1898, 20 A. 167; N.W.P. Club v. Sadullah, 1898, 20 A. 497; Ram Sarup
v. The Arya Samaj, Dharampur, A.I.R. 1925 A 337, 86 I.C 225, 47 A. 342, 23 A.L.J.
37.
|
|
(76)
|
Hriday Nath Roy v. Akhil Chandra Ray, A.I.R. 1929 C. 4454, 9. C.L.J. 357.
|
|
(77)
|
Ram Lal v. Khushi Ram, A.I.R 1949 E.P. 233.
|
|
(78)
|
Satyavart Sidhantalankar v. Arya Samaj Bombay, A.I.R. 1946 B. 16, 48 B.L.R. 341,
299 I.C. 48; Bppana Bukminamma v. Maganti Venkata Ramadas, A.I.R. 1940 M. 949; But
see T.V. Rly. Co. v. A. S. Rly, Servants 1901, I.T.B. 170, 1901 A.C. 426.
|
|
(79)
|
PLD 1969 Kar. 692.
|
|
(80)
|
Agra Province Zamindari Association v. Prem Mohan Verma, A.I.R. 1950. A. 447.
|
|
(81)
|
See Basant Kumar Basu v. Ramshankar Ray, 59, A.I.R. 1932 C. 600.
|
|
(82)
|
1998 CLC 33.
|
|
(83)
|
1998 CLC 33.
|
|
(84)
|
Foss v. Harbottle, 1843, 2 Hare 461, 62 R. R. 185; Mozley v. Alston, 16 L.J. Ch
217.
|
|
(85)
|
Burlan v. Earle, 1902 A.C. 83, at p. 93, per Lord Davey.
|
|
(86)
|
1986 CLC 1994.
|
|
(87)
|
Act of 1854 (17 and 18 Vict. C. 112). See p. 44 infra.
|
|
(88)
|
Halsbury, Laws of England, Vol. 21; p. 11.
|
|
(89)
|
Blackburn b. Jepson, 1823, 3 Swan 132 Digest 414 1339.
|
|
(90)
|
Halsbury Laws of England, Vol. 21, p. 11.
|
|
(91)
|
Zardozi Union v. Baskir Khan, A.I.R. 1925 Oudh, 107, 80 I.C. 556.
|
|
(92)
|
London (City) v. Wood, 1701, 12 Mad. Rep. 669. 13 Digest 325, 604.
|
|
(93)
|
Clark,’s case, 1596, 5 Co. Rep.64, 13 Digest 337, 751; Davies v. Morgan, 1831,
1 Cr. And J. 587, 13 Digest 334, 729.
|
|
(94)
|
London Association of Ship owner and Brokers v. London and Indian Docks Joint Committee,
1892. 3 Chj. 242, 13 Digest 325, 603, Halsbury, Laws of England, Vol.8, and p. 43.
|
|
(95)
|
Norris v. Stops, 13 Digest 327, 634, Halsbury, Laws of England, Vol. 8. P.
|
|
(96)
|
Halsbury, Laws of England, Vol. 112, p. 8.
|
|
(97)
|
R. V. Dulwhich College, 1851, 17 Q. B. 660. 13 Digest 291, 223, Hlasbury, Vol. 8,
p. 44.
|
|
(98)
|
Dunston. Imperial Gas Light Co., 1831, 3 B. & Ad. 125, 10 Digest 1149, 8127,
Hlasbury, Laws Of England, Vol.8. p. 45.
|
|
(99)
|
R.v. trevenen, 1819, 2. B. Ald. 339; 13 Digest 310, 421: Piper v. Chapell, 1845,
14 M. 7 W. 624, 13 Digest 337, 766.
|
|
(100)
|
R.v. Ginever, 1796, 6 Term Rep. 7323, 13 Digest 331, 685; Smith v. Great Yarmouth
Port and Haven Commissioners, 1919 88 L.J.K.B. 1190, 41 Digest 960 8542.
|
|
(101)
|
Re Bristol Atheneaum, 1889, 1889, 43, Ch. D. 236, 39 L.J. Ch. 116, 6 L.T. 795, 6.T.L.R.
83.
|
|
(102)
|
Radha Swami Sastang Sabha v. Tara Chand, A.I.R. 1939 A. 557, 1939 A.L.J. 757, 184
I.C. 293.
|
|
(103)
|
Falle v. Mac Even, 1881, 7 Cal. 1.
|
|
(104)
|
Shaw v. Hill, 1845, 1 Holt, Est.99.
|
|
(105)
|
Halsbury, Laws of England, Vol. 8. p. 50; Robinson v. Gregory. 1905, 1 K.B. 534,
22 Digest 315; 3081.
|
|
(106)
|
Harrison v. Williams. 1824, 3 B. & C. 162. 13 Digest 422, 1424; Halsbury Laws
of England. Vol. 8, p. 50.
|
|
(107)
|
Mulchand Gulabchand v. Mukund Shivram Bhide, 1951, 54 B.L.R. 285.
|
|
(108)
|
Halsbury, Laws of England Vol. 21, p. 9.
|
|
(109)
|
Halsbury, Laws of England, Vol. 2. p. 10.
|
|
(110)
|
Falle v. Maccwen, 1881, 7 Cal. 1.
|
|
(111)
|
Sevens v. Bedford, 1898, 22 B. 451.
|
|
(112)
|
Parasanna Venktesa v. Srinivasa. Kumarasami Sastri; J. Where His Lordship reviewed
the entire Case-law on the point.
|
|
(113)
|
40 E.R. 852.
|
|
(114)
|
1904 A.C. 515 at p. 645, 90 I.T. 394; see also Attorney General v. Anderson 1888,
57 L.J. Ch. 543,58 L.T. 726.
|
|
(115)
|
The word “any” was substituted for the word “the” by the
adaptation of Indian Laws Orders, 1937.
|
|
(116)
|
The words “without the consent of the Government of the Province of registration”
were Substituted, ibid.
|
|
(117)
|
Hlasbury, Laws of England, Vol. 21, p. 16.
|
|
(118)
|
Re Colonial Society, 1850, 15 L.T. O.S. 410.
|
|
(119)
|
Sheikh Mohammad Abdul Qadir v. Anjuman Monia Fakaria, 1946 A.M. L.J. 27.
|
|
(120)
|
Re Brostol Athenaeum, 1810, 43 Ch. D. 236; Re Dutton, Export Peake 1878. 4 Ex. D.
54.
|
|
(121)
|
Re Jones, Gregg, v. Ellison, 1898, 2 Ch. See also Re Russell Institution, Figgins
v. Baghino, 1898, 2 Ch. 72, 67 L. J. Ch. Ch. 411.
|
|
(122)
|
Krishnan v. sundaram, A.I.R. 1941 Bom. 312, 43 C.L.R. 562, 1971.C. 308, I.L.R. 1941
B. 497.
|
|
(123)
|
bid.
|
|
(124)
|
Abbas Khaleeli v. Saifuddin Valika, PLD 1969 Kar.692.
|
|
(125)
|
PLD 1969 Ka. 692.
|
|
(126)
|
See Abhoy Pade Bose v, Managing Committee of the queen Anglo-Sanskrit 34 1.C. 263,
19 O.C. 15, A.I.R. 1916 Oudh 94.
|
|
(127)
|
Peel v. London and Northwestern Railway Co. 1907, 1 Ch. 5 C.A.
|
|
(128)
|
New Section added by Societies Registration (West Pakistan Amendment) Ordinance
(West Pakistan Ordinance IX of 1962).
|
|
(129)
|
PLJ 1990 Lah. 380.
|
|
(130)
|
Rep. Act 10 of 1866, S. 219; see now the Companies Act, 1913 (VII of 1913)
|
|
(131)
|
Rep. Act 10 1866, S. 219; see now the Indian Companies Act, 1913 (7 of 1913).
|
|
(132)
|
The words and figures “under Act XIX of 1857” were repeated by Repealing
Act, 1874 (16 of 1874). See Companies Act, 1913, S. 288.
|
|
(133)
|
Zardozi Union v. Lashir Khan, A.I.R. 1925 Oudh 107, 80 I.C. 556.
|
|
(134)
|
Sunder Singh v. Sunder Singh, A.I.R. 1938, 1 M.L.J. 359, 40 P.L.R. 247, 19 L63.
|
|
(135)
|
The words “the military Orphan funds or societies established at the several
presidencies of India” Omitted by A.O. 1949.
|
|
(136)
|
Inserted by the Act XXII of 1927.
|
|
(137)
|
Russell Institution, Figgins v. Baghino, 1898, 2 Ch Digest 551, 2, 67 L.J. Ch. 411;
Inland Revenue Commissioners, v. Forrest, 1890, 15 A.C. 334, 39 Digest 299, 780;
Weir v. Crum-Brown, 1908 A.C. 162; Halsbury, Laws of England, Vol. 21, p.2.
|
|
(138)
|
Re Russel Institution. Figgins v. Baghino, 1898, 2 Ch. 72.
|
|
(139)
|
Re Badger, Mansell v. Cobham, 1905, 1 Ch. 568, 32 Digest 551. 4; Halsbury, Laws
of England, Vol. 21, p. 3.
|
|
(140)
|
Re Russell Institution, Figgins v. Baghino, 1898, 2 Ch. 72, 14 T.L.R. 406, 78 L.T.
588, 67 L.J. Ch. 411.
|
|
(141)
|
Re Bristol Athenaeum, 1389, 43 Ch. D. 236, 61 L.T. 795, 59 L.J. Ch 116, 38 W.R.
396, 6 T.L.A. 83.
|
|
(142)
|
Re Jones, Gregg v. Ellision.1898, 2 Ch. 13 14 T.L.R. 412, 67 L.J. Ch. 504, 78 L.T.
639.
|
|
(143)
|
Abbas Khaleeli v. Saifuddin, Valika, PLD 1969 Kar. 692.
|
|
(144)
|
1905, 1 Ch. 568, 21 T.L.R. 280, 74 L.J. Ch. 327, 92 L.T. 230 Per Buckley, J.
|
|
(145)
|
Inland Revenue Commissioners v. Forrest 1890, 15 A.C. 334. 60 L.J. Q.B. 281, 63
L.T. 36, 54 J. P. 772, 6 T.L.R. 456, 32 Digest 551, 5.
|
|
(146)
|
Commissioners of Inland Revenue v. The Yorkshire Agriculture Society, 13 T.C. 58
but see Royal Agricultural Society of England v. Wilson, 9 T.C. 62.
|
|
(147)
|
A.I.R. 1939 A. 557, 1939 A.L.J. 757, 184 I.C. 293.
|
|
(148)
|
Re Faveaux, Cross v. London Antivivisection Society, 1895 2 Ch. D. 501; Commissioner
for Special Purposes v. Pemsel, 1891 A.C. 531; Commissioner of Inland Revenue v.
Yorkshire Agricultural Society, 1928, 1 K.B. 611.
|
|
(149)
|
The Societies Registration Act (XXI 1860) is based (with the exception of first
four section) on The (English) Literary and Scientific Institutions Act, 1854 Reproduced
in the Appendix.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Latest News
|
|
|
|
|
Updated Version of NGOs Database
|
|
|
|
The latest version of NGOs database has been launched. Please give us your feadback...
|
|
More»
|
|
|
|
|
|
|
|
|