What are Bye-Laws of Society Registration Act 1860?

Navdisha Sehgal

30 Mar, 2021

A society is an association of persons united using a mutual agreement. Societies are formed for some form of common purpose. Societies are registered to advance charitable activities, like sports, music, dance, art, etc. It’s objective to provide non-profitable services. Bye-Laws of Society Registration Act, 1860 are regulating society’s registration and operation.

To have a smooth functioning of society, society members need to formulate bye-laws that contain various clauses to regulate society’s function. The purpose behind bye-laws is to regulate the organization or society.

What are Bye-Laws of Society Registration?

Bye-laws are the guidelines, which have provisions relating to the affairs of the society and its functioning. Bye-laws are required to ensure proper maintenance and resolve the residents’ issues in a timely and effective manner. 

Non-profits and organizations use bye-laws as formal and legally-recognized resources to identify how they will work. For this reason, bye-laws are extremely important. Bye-laws are often considered the “user manual” for an organization.

Every society needs to frame its bye-laws in accordance with the provisions of the Society Registration Act, 1860^[1].

Steps to draft bye-laws of Society Registration

1. Understand the purpose behind drafting the bye-laws. It can help to resolve disputes or issues.
2. Designate members to write bye-laws. It is essential to consult the members to draft bye-laws.
3. To draft proper bye-laws, one must understand the society: its purpose, nature, and how will it help in the advancement of communal causes.
4. It is advisable to include sections & articles in the bye-laws, to make it readable.
5. Use precise language for the bye-laws.

Provisions under Bye-laws

The bye-laws contain various clauses, namely:

• Name
• Address
• Area of operation
• The objective of the society
• Qualifications for membership
• Disqualification for membership
• Age limit
• Services to be provided to the society members
• Eligibility to obtain membership
• Procedure to obtain membership
• The procedure of withdrawal from the membership
• Grounds for the expulsion of the member
• Rights and duties of the members
• Transfer of membership
• Ways of dissolution
• Arbitration clause
• The imposition of penalty, in case of not abiding by it
• The manner to conduct committee meetings to discuss any issue
• Any other matter which may be prescribed.

The clauses mentioned above may vary from case to case. There is no standard draft to be followed by the societies, but to make the bye-laws readable and precise. 

Why do we need bye-laws of Society Registration?

• To ensure proper maintenance;
• To resolve any dispute or conflicts arising;
• The smooth functioning of society; and
• It is compulsory for the efficient working of the society.

Amendment of bye-laws

• The association may amend it in a duly constituted meeting. An amended bye-law will be effective if approved by the owners representing at least 2/3rd of the total number of flats in the building.
• A declaration must be made to make the modified or an amended bye-law valid.

Procedure for amendment of bye-laws

The following procedure is utilized for amending bye-laws under society registration:

• Conduct a general meeting on an annual basis.
• A resolution must be passed with a majority of 3/4th of the members present at the meeting.
• The 2/3rd of members should not be less than 1/3rd of the total members in the society.
• The Registrar will approve the change if notified within 30 days of any change in the memorandum of the association.
• The committee should submit four copies of the existing bye-laws along with the resolutions passed by the AGM (Annual General Meeting.)
• The Registrar will register the amendment if it is in accordance with the Society Registration Act, 1860.
• The Registrar will issue the certified copy of the amendment along with a certificate of registration.

Conclusion

It is evident from the article that Bye-laws are guidelines, which have provisions relating to society’s affairs and it’s functioning. Bye-laws are required to ensure proper maintenance and resolve the residents’ issues in a timely and effective manner. 

Read our article: Society Registration Act 1860 – Rules & Regulations