The SOCIETIES REGISTRATION (ASSAM AMENDMENT) ACT, 2019
###### Registered No.-768/97

## THE ASSAM GAZETTE

###### "!iP1t~ct

#### EXTRAORDINARY
 ~~ <tS~~<i1 ~ ~

###### PUBLISHED BY THE AUTHORITY

et~ 380 f#xt~, '1~· 4 ~. 2019, 13 ~. 1941 ~)

###### No. 380 Dispur, Wednesday, 4th September, 2019, 13th Bhadra, 1941 (S.E.)

 GOVERNMENT OF ASSAM

 ORDERS BY THE GOVERNOR

 LEGISLATNE DEPARTMENT ::: LEGISLATNE BRANCH

 NOTIFICATION

 The 4th September, 2019

 No. LGL. 185/2017/11.- The following Act of the Assam Legislative
 Assembly which received the assent of the Governor on 26th August, 2019 is hereby
 published for general information.

 ASSAM ACT NO. XII OF 2019 (Received the assent of the Governor on 26th August, 2019)

 THE SOCIETIES REGISTRATION (ASSAM AMENDMENT)

 ACT, 2019


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###### 1718 THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER4, 2019

##### AN
#### ACT

further to amend the Societies Registration Act, 1860, in its application to the

State of Assam.                     -

Preamble Whereas it is expedient further to amend the Societies Registration. Act, Central

Act 21

1860, hereinafter referred to as the principal Act, in its application to the State of 1860

of Assam, in the manner hereinafter appearing ;

It is hereby enacted in the Seventieth Year of the Republic of India as follows :-

Short title, extent 1. (1) This Act may be called the Societies Registration (Assam Amendment)
and Act, 2019.
commencement

It extends to the whole of Assam.
(2)

It shall come into force at once.
(3)

Amendment of 2. In the principal Act, in section 3, for the words and punctuation marks "of fifty
section 3 rupees, or such smaller fee as the State Government may, from time to time

direct;", appearing in between the•words "fee" and "and", the words and
punctuation marks "at such rate, as the State Government may, by notification
in the Official Gazette, fix, from time to time" shall be substituted.

Insertion of new 3. In the principal Act, after section 3A, the following new sections 38, 3C and 3D
sections 3B,3C and shall be inserted, namely :-

:00

"38. Validity of Registration.- Subject to compliance with the provisions of
section 4, a certificate of registration issued under section 3 shall remain
valid for a period of three years from the date of issue, but shall be
subject to renewal for further periods of three years at a time in
accordance with the provisions of section 3C :

Provided that no such registration shall be renewed if the provisions
of section 4 has not been complied with in full.

3C. Renewal of registration.- {1) A society registered under section 3 shall,
on application made to the Registrar within the validity period of
registration or within one month of the expiration of the validity period
of registration referred to in section 38 and on payment of the fee as
fixed under section 3, and on filing the required documents as specified
in the website https://rfsfinance.assam.gov.in, be entitled to have its
certificate of registration renewed for three years at a time, subject to
compliance of section 4.

(2) The Register may refuse to renew the registration of a society,-


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###### THEASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER4, 2019 1719

(i) if such society files the application for renewal of registration
beyond one month of the expiration of the validity period of
registration as referred to in section 38 :

Provided that the Registrar may condone the delay in filing

application for rene·wal by a society upto one year of the
expiration of validity period of registration, if he is satisfied on an
application for condonation of delay filed by the society and on
payment by the Society an additional fee equal to the amount of
fee fixed for renewal of registration as under sub-section (1) of
this section that the society was prevented by sufficient cause in
filing the application within the validity period of the registration :

Provided further that in case of rejection of the application

for condonation of delay, the Registrar shall give the society

concerned a reasonable opportunity of being heard and pass _a_
speaking order;

(ii) if after giving an opportunity of being heard, he is satisfied that
any of the grounds as mentioned in sections 3A and 4 exists for
refusal of renewal of registration.

(3) There shall be pa id to the Registrar with every

application for renewal of the certificate of
registration,-

(a) a fee equal to the registration fee payable under section 3 if
such application is filed within the period specified in section
3C(l), which shall be accounted for to the State Government of
Assam;

(b) an additional fee for delayed filing of application for renewal
under the first proviso to clause (1) of sub-section (2) of this
section, which shall be accounted for to the State Government
of Assam .

(4) Every application for renewal of the certificate shall be accompanieq
by a list of the names, addresses and occupations of the Governors,

councils, directors, committees and other governing body then
entrusted with the management of the affairs of the society, elected
after the registration of the society or after the renewal of certificate
sought to be renewed, unless dispensed with by the· Registrar for
sufficient cause to be recorded in writing.

(5) In the event of refusal of renewal of registration of a society, by the
Registrar under sub-section (2), the aggrieved society may prefer an
appeal before the Government of Assam, in the Finance (Establishment-
B) Department whose decision thereon shall be final.

30 . **Effect of failure to Renew Registration.- A Society which fails to g~t its**
certificate of Registration renewed in accordance with section 3C, its
Registration lapses, and it shall cease to be a registered society with


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###### 1720 THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 4, 2019

effect from the actual date of expiration of its original registration or
renewal thereof and its name and other particulars shall be struck
off from the Register in which it was earlier registered or rene~ed :

Provided that no such registration shall be struck off before the
expiry of twelve months from the date of expiry of the validity of the
previous registration whether original or renewed.

Explanation :- For the purpose of calculating the twelve months period,
the month in which the previous registration whether original or
renewal, had expired shall be taken as one full month irrespective of
###### ..
the day of the month of such expiration of the registration or renewal."

Amendment of 4. In the principal Act, in section 4B, in sub-section (2), for the words "which may
section 48 extend to five hundred rupees" appearing at the end, the words "which may

extend to such amount as the State Government may, by notification in the
Official Gazette, determine, from time to time", shall be substituted.

Amendment of 5. In the principal Act, in sections 12A, 12B and 12C, for the words "name"
sections 12A, 12B wherever it occurs, the words and sign "name and/or address" shall be

and 12C substituted.

Insertion of new 6. In the principal Act, after section 12C, the following new sections 120, 12E and
sections 120, 12E 12F shall be inserted, namely :-

and 12F

"120. Fees for change of name and/or address of the society.- At the time of
filing the documents required for change of name and/or address of the
society, there shall be paid to the Registrar a fee as the State
Government may, by notification in the Official Gazette, fix, from time
to time, which shall be accounted for to the State Government of
Assam.

12E. Fees for issue of Duplicate Registration Certificate.- At the time of filing
documents for issue of duplicate registration certificate of a· society,

there shall be paid to the Registrar a fee as the State Government may,
by notification in the Official Gazette, fix from time to time, which shall
be accounted for to the State Government of Assam .

12F. Refusal to change in name and/or address or issue duplicate

Certificate by the Registrar.- The Registrar may refuse to register the
change in name and/or address or issue a duplicate registration

certificate, as the case may be,, to a society, if the society fail~ to submit

the required documents as per instructions specified in the Government
website https://rfsfinance.assam.gov.in, by a speaking order:

Provided that the society may prefer an appeal against this order
before the State Government in the Finance (Establishment-B)
Department whose decision thereon shall be final."

Amendment of 7. In the principal Act, in section 19,-

section 19

(i) for the words "of one rupee" appearing in between the words "fee" and


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###### THEASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 4, 2019 1721

 "for each", the words "as the State Government may, by notification in
the Official Gazette, fix, from time to time", shall be substituted;

(ii) for the words "fifteen naye paise" appearing in between the words
"payment of' and "for every hundred words", the words "such amount
as the State Government may, by notification in the Official Gazette, fix,
from time to time,", shall be substituted;

(iii) in the existing provision, after the punctuation mark"." appearing at the
end, the following sentence shall be inserted, namely :-
"The amount of fe es collected under this section shall be
accounted for to the State Government of Assam."

###### S. M. BUZAR BARUAH,
 Commissioner & Secretary to the Government of Assam,
 Legislative Department, Dispur, Guwahati-6

Guwahati :- Printed and Published by the Dy. Director, Directorate of Printing & Stationery, Assam, Guwahati-21 .

Ex. Gazette No. 759-300 + 10-04-09-2019. (visit at-dpns.assarn.gov.in)


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