Societies registration act 1860

sood (Querist) 25 June 2020 This query is : Resolved
A new Society is being formed, can we frame a rule that the President shall be elected by the General Body, and the rest of the Executive and officer bearers like Vice President, General Secretary etc are appointed by him or we need to have the election of all members of the Governing Body.

Thanks in advance

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When forming a new society under the Societies Registration Act 1860, the election of the President and other office bearers is determined by the society's own byelaws. While the Act itself doesn't specify election methods, the governing body and executive committee members must be elected by the General Body. The byelaws, which can be amended with the Registrar's permission, should outline the procedure for electing all office bearers.

kavksatyanarayana (Expert) 25 June 2020
The Executive Body or Governing Body shall be elected from the General Body. The term of the Office Bearers i.e. EB/GB may be elected for next time also. You shall prepare Byelaws (memorandum of the society and Rules and Regulations of the society) as the General Body decides. It shall be registered before the Registrar of Societies of your District.

Raj Kumar Makkad (Expert) 25 June 2020
Yes, if the same is not contrary to the provisions of the Society Registration Act of that particular State.

Dr J C Vashista (Expert) 26 June 2020
The terms and conditions of Memorendum of Association and Articles of Association adopted and submitted at the time of registration must contain the procedure to elect President other office bearers of the Association.

Raj Kumar Makkad (Expert) 26 June 2020
Contrary procedure than already mentioned in the bye-laws of the society cannot be adopted and if there is no such desired procedure then SGM of the society shall have to amend the bye-laws with the due permission of the Registrar.

Rajendra K Goyal (Expert) 26 June 2020
Form the bylaws of the society on the lines of model bylaws if available otherwise form in accordance to the state act get the society registered as per procedure in the state..

Elections would be in accordance to bylaws of the society.

P. Venu (Expert) 26 June 2020
The governing body or the executive committee members ought to elected by the General Body. As to the office bearers, they could be elected by the General Body or it could be left to the elected executive committee to decide among themselves.

Raj Kumar Makkad (Expert) 26 June 2020
Society already stands registered so the question of following model bye-laws doesn't arise at this stage.

K Rajasekharan (Expert) 27 June 2020
The Society Registration Act, 1860 does not prescribe any particular mode of election to the position of President or any other office bearer.

The only thing the act prescribes is that there should be a governing board and that should be formulated on the basis of the Rules and Regulations of the society.

So such matters can be fixed by the society itself by formulating or modifying the rules and regulations.

Rajendra K Goyal (Expert) 27 June 2020
Author has mentioned that a new society is being formed, means society has not been registered.

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