A society after its registration may require at any time to change its name, or to alter, abridge or amend its objects and /or the rules and regulations at any time. A society may be required to change or alter its objects, rules and regulations at any time for any reasons or if the Government requires it. In this article we would try to deal with the requirements and the procedure for such alterations.
The memorandum of a society contains the aims and objectives of the society within which the society has to operate. Any activity undertaken beyond the aims and objectives specified in the memorandum shall make the activity invalid. Section 12 of the Societies Registration Act 1860 gives the procedure for alteration, amendment or abridgement of the aims and objectives .The Act gives a specific procedure which is very systematic and the steps mentioned has to be adopted as given in the Act. The Section 12 in the Act is given as:
“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 a 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 into 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, not unless such proposition shall have been agreed to by the votes of three-fifths of the members delivered in person or by proxy, and confirmed by the votes or 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.”
Section 12 of the Societies Registration Act 1860 has laid down the following steps for alteration, extension or abridgment of the aims and objectives of a society which have to be followed:
- Read your approved bylaws; if amendment provision is silent, follow this process.
- Submission of the proposal by the governing body to the members of the society.
- Give 10 days notice to members about holding of a special meeting.
- Convening a special meeting for the consideration of the proposal.
- Approval of the proposal by 3/5th of members.
- Convening second special meeting after a month, and confirmation by 3/5th of members present at the second special meeting.
- File amended copy of memorandum of association and bylaws with registrar of societies within 30 days.