Is Society Registration renewal required?

Dear Sir

Our organisation was registered under 1860 act Fasli 1350 dated 9-4-1992 and Renewal was completed in 2001 Year in Hyderabad.Now All documents were sent to Districts from last 4 years onwards.Now we submitted for Renewal with All supporting documents to District registrar. They are not responding and Some times They are telling like Long time societies not possible to it correct if it is correct what is is the alternate possessor

Shramika Vikasa Kendram
Telangana-State, India

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11 Responses to Is Society Registration renewal required?

  1. B V Soma Sastry says:

    Dear Friends,

    This query seems to have come from a NGO from AP/Telengana region. I am saying so because the Act varies from state to state. So far as my knowledge goes, it is mandatory for the NGOs in AP/Telengana (Societies) to get the renewal done every year in which they have to submit the latest audit reports, list of GB amongst other things. There is a nominal fee of Rs. 300/- (if I am correct) involved for the renewal.

    I would like to add that the Registrar is least interested in these documents. Therefore, the only option left is to send the documents by post and retain the copy of the postal acknowledgment. But off late the renewal process has been outsourced to “E-seva” which is a kind of portal which provides all kind of services to the citizens. This is also fraught with anomalies as NGOs are facing problems. Also, there is a penalty for not getting the annual renewal done but is a very nominal amount, hence does not act as a deterrent for NGOs not complying with the provisions.

    I have some experience of Jharkhand where the NGOs are expected to submit all the details on quarterly basis.

    Would expect more details/feedback from other members.

    Thanks and regards,

    B V Soma Sastry

  2. Dr. O.P. Kulhari says:

    I’m also in same opinion as what Anju Panday and S. P Gupta say.

    Dr. O.P. Kulhari
    CULP (Centre for Unfolding Learning Potentials)
    602 (O), Vishwamitra Marg, Hanuman Nagar Extn. Sirsi Road, Khatipura, Jaipur

  3. Subhash Mittal says:

    Dear Mr Rao,

    I refer to your query and various responses on the same. Before I answer your specific query, I would like to comment on some other persons response that what exactly is the concern.

    Formation and regulation of NGOs a State subject and therefore states have to pass a legislation for formation and adoption of the NGOs. In absence of such a legislation, Societies registration Act 1860 can be adopted by the state. Most states have adopted this legislation with some changes, hence the differences. In several states there is a provision of renewal of societies registration of around 5 years, Andhara Pradesh being one of them.

    Thus Mr Rao your concern is quite valid. I am not 100% sure if in AP (same laws will be applicable in Telengana unless amended) renewal is required. Perhaps you can check it on your renewal certifcate, it may show that certifcate is valid for a particular period. If so, you have to apply for renewal. If no response is coming you can always appeal to Inspector General of Registrar (as specified in the AP Societies Registration Act 2001).

    warm rgds

  4. V.B.Chandrasekaran says:

    Someone at New Delhi must imp-lead in the Supreme Court in respect of CBI case already referred and assert our Fundamental Right. What I said is correct. Even CBI confused and mixing up issues. WE should correct this wrong precedent of mis-information based on illegal truths.

  5. V.B.Chandrasekaran says:

    Re: Only 10% of 22 lakh NGOs file returns: CBI
    Sir, 6th January 2015
    The news item that appeared in today THE HINDU is misleading and twisting the truth to blacken the face of Voluntary Organisations that are now being called NGOs.
    We the People of India are the sovereign and we have given to ourselves a constitution that gives us the Fundamental Right to for Association. It is absolutely not legally needed to register ourselves in the first place.
    1. We do it in our interest to respond to a situation if there are disputes among us on the management.
    2. We do it in the interest of legal compliances by other acts of LAW- mainly and only Income Tax and FCRA, if we want to receive Foreign funds.
    3. Our compliance to Income Tax Department and FCRA are mandatory and we do it. It will be 99%. We challenge CBI to prove otherwise.
    4. Govt of TN and Telangana has done well not wasting their time by responding to an unwanted request from CBI.
    The filing of returns to registering authority is misconstruction of law. It is just the renewal that incorporates emerging changes and new developments. “We register these and if anyone disputes and go to court, the renewal safeguards the interest of members to assert the correctness”. Otherwise, the State has no business to interfere in the sovereign matters within our Association.
    Unfortunately, Voluntary Organisations are calling themselves as NGOs loosing their moral ground and all these suffering and wrath from both the government and gullible public.
    Chatti Mahatma Gandhi Aashramam,
    Chatti Post, Chinthur Mandalam,
    East Godavari District, Andhra Pradesh.
    T.N. refuses to share data on NGOs with CBI
    Sir, 6th January 2015
    With reference to the above news item that appeared today: Well done TN and Telangana State governments. There is no need for these States to give this unwanted information.
    We the People of India has given a Federal Nature to our constitution and ‘normally’ Government of India has right only in terms of Income Tax Department and FCRA. Nothing above normal is happening that the central agency CBI should ask details from State Governments.
    Both CBI and State Government can police and intervene only if something illegal or abnormal things are happening. Intervening as a normal routine is an infringement of our fundamental rights and nuisance value that CBI can be booked under law.- causing nuisance to public.
    Chatti Mahatma Gandhi Aashramam,
    Chatti Post, Chinthur Mandalam,
    East Godavari District, Andhra Pradesh.

    Only 10% of 22 lakh NGOs file returns: CBI
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    parties and movements
    non government organizations (NGO)
    Agency wants NGOs to file balance sheets for preceding three years before further grants are allowed
    Only about 10 per cent of the over 22 lakh non-government organisations scanned by the Central Bureau of Investigation, on the Supreme Court’s directions, file their annual income and expenditure statements with the authorities they are registered with.
    This was revealed in an analysis on NGOs functioning in 20 States and six Union Territories filed by the agency before the court on Monday.
    The CBI, represented by Additional Solicitor-General P.S. Patwalia, urged the court to impose a pre-condition on NGOs that they first submit their balance sheets, including income and expenditure statements, for the preceding three years before further grants were allowed.
    However, a Bench, led by Chief Justice of India H.L. Dattu, said an order could be given only after an extensive hearing.
    The CBI should first complete compiling data on NGOs and argue its case in detail. “Then we will see why NGOs cannot be asked to maintain complete records,” he orally observed.
    The CBI was acting on the Supreme Court’s order of September 2, 2013 on a PIL petition, filed by advocate Manohar Lal Sharma, alleging misuse of funds by Anna Hazare’s NGO Hind Swaraj Trust.
    The court had expanded the scope of the petition and directed the CBI to file the entire list of NGOs in the country registered under the Societies Registration Act.
    Keywords: non-government organisations, NGO, CBI analysis

    T.N. refuses to share data on NGOs with CBI
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    parties and movements
    non government organizations (NGO)
    CBI analysis on 22 lakh NGOs across the country showed that of the 22,39,971 NGOs functioning in 20 States, about 2,23,428 submitted annual returns. In six of the Union Territories, of the 5,684 NGOs, only 50 filed their balance sheets.
    The CBI report was a response to the Supreme Court’s directive on a PIL petition filed by advocate Manohar Sharma alleging misuse of funds by Anna Hazare’s NGO, Hind Swaraj Trust.
    The court had expanded the scope of the petition and directed the CBI to file the entire list of NGOs in the country registered under the Societies Registration Act. It had also ordered the agency to find out whether these organisations filed their funding and expenditure details with the authority they were registered with.
    The CBI said no information was forthcoming from New Delhi. As of now, The Tamil Nadu and Telangana governments had not given any information to the CBI on the NGOs functioning in these States. and their financial details. The Bench has issued notice to the State counsel of the two States.
    Meanwhile, among the 20 States, Uttar Pradesh has the highest number of NGOs, at 5,48,148, and of which 1,19,000 of them submit annual returns. Maharashtra has 5,18,437 registered NGOs, of which 77,766 file balance sheets. Kerala shows 3.6 lakh registered NGOs, but none files balance sheets as there is no provision in the State’s statute requiring them to do so. Similar is the case with Punjab and Rajasthan, which have over 1.36 lakh registered NGOs. Of the 2.34 lakh NGOs in West Bengal, only 17,089 were found to be active and filing annual returns.
    In Jammu and Kashmir, all 147 registered NGOs file annual returns. of the 147 NGOs registered, all file annual returns.
    In the Northeast, none of the NGOs in Assam, Manipur, Meghalaya, Nagaland and Tripura file returns.
    Keywords: non-government organisations, NGO, CBI analysis
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  6. Dear all
    We also make such communications after every 2 years, I myself go to deposit the list of Board of directors every time. They never ask if I have not re-registered / renewed the Organization. They hardly take any interest in the documents that we submit but they receive it and i believe they must be filing it properly. As per my knowledge none get such letter from either society office, IT, or any concerned/ funding ministry to get the registration renewed. I think this is enough in our part, getting every document renewed will be very difficult.

  7. S P Gupta says:

    I don’t know there exists any provision in the law which asks for renewal of registration under societies act 1860 then why this fuss all about.

    Best regards
    S P Gupta

    • V.B.Chandrasekaran says:

      It is no provision to renewal but a procedure to record the organisational changes- means registering-updating registration. It is just in the interest of members. The dialogue stops here. As you said further splitting the gair is only fuss.

    • Subhash Mittal says:

      Pleasre refer to my response above.

  8. Dear Sir,
    Registration in any case is must for the NGO to work properly. If the renewal is not done for a long period of time then the authorities can take penalty for the period as per the law of the land and can renew the society registration. In your case you can contact and consult some advocate who will assist you in the registration process.

  9. V.B.Chandrasekaran says:

    To me it is good in our interest. We have not so far renewed since registration in 1987. Out of enthusiasm, we sent our minutes, annual report and Audited accounts by post. I do not now remember. They found some fault. I subsequently never took interest.

    I do understand the need if ome one questions our legality- say, if someone says that he is the CEO, the most valid legal document is with the Registrar. He cannot give us, if not renewed. I am also confused. I am now literally retired and not much bothered.

    But, I have an academic interest that I can guide others. What are the legal implications if not renewed? Are we now an illegal entity, since not renewed? Are we dead Organisation, in the eyes of LAW?
    I am interested a practical advice and position.

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