Societies Registration Act, 1860 / Civil liability
Section 10 of the Societies Registration Act, 1860: Members Liable to Be Sued as Strangers
Section 10 enables a registered society to bring civil proceedings against a member for unpaid subscriptions and for wrongful detention, damage or destruction of society property. It also protects a member who successfully defends a suit brought at the society's instance by providing a mechanism to recover court-awarded costs.
Section 10: statutory provision
Members liable to be sued as strangers
Any member who may be in arrear of a subscription which according to the rules of the society he is bound to pay, or who shall possess himself or detain any property of the society in a manner or for a time contrary to such rules, or shall injure or destroy any property of the society, may be sued for such arrear or for the damage accruing from such detention, injury, or destruction of property in the manner hereinbefore provided.
Recovery by successful defendant of costs adjudged
But if the defendant shall be successful in any suit or other proceeding brought against him at the instance of the society, and shall be adjudged to recover his costs, he may elect to proceed to recover the same from the officer in whose name the suit shall be brought, or from the society, and in the latter case shall have process against the property of the said society in the manner above described.
Meaning of Section 10
The heading “members liable to be sued as strangers” means that society membership does not itself immunise a person from civil claims concerning obligations owed to the society. The section covers three principal situations:
- Arrears of subscription: a subscription remains unpaid even though the society's applicable rules bind the member to pay it.
- Wrongful possession or detention: a member takes or retains the society's movable or immovable property contrary to its rules, including retention beyond the permitted period.
- Damage or destruction: a member injures or destroys society property and the society seeks compensation for the resulting loss.
The provision does not automatically establish that a particular member owes money or caused damage. The society must substantiate the applicable rule, the relevant conduct, the amount due or damage claimed, and any other elements required by applicable law.
How can a society recover dues or damages?
- Check the governing documents. Identify the membership terms, subscription rules, property register and any applicable amendments.
- Maintain evidence. Preserve payment ledgers, resolutions, notices, receipts, handover records, inventories and proof of damage or loss.
- Authorise proceedings. Verify who may represent the society under its rules and Section 6 (suits by and against societies).
- Choose the competent forum. The claim is pursued through the court or other legally competent forum, subject to jurisdiction, limitation and procedural requirements. Section 10 does not dispense with these requirements.
- Enforce any decree lawfully. Where a judgment is obtained, execution must follow the applicable procedural law and the nature of the decree.
Recovery of costs by a successful defendant
The second part of Section 10 addresses a member or other defendant who successfully defends a suit or proceeding initiated at the instance of the society and is awarded costs. Such a defendant may elect to recover the adjudged costs either from the officer in whose name the suit was brought or from the society. If the defendant proceeds against the society, recovery is directed against society property in the manner described in Section 8 (enforcement of judgments).
Success in litigation alone does not necessarily produce a recoverable amount: the court must have adjudged costs in the defendant's favour. This rule should be read with the relevant decree or order and applicable procedural provisions.
Relationship with other provisions
Section 5 addresses vesting of society property; Section 6 deals with the name in which a registered society may sue or be sued; Section 8 regulates enforcement of judgments against society property; and Section 11 deals separately with criminal liability for offences. Civil recovery under Section 10 should not be confused with criminal prosecution or with a penalty imposed under Section 9.
State amendments and local laws
The Societies Registration Act, 1860 has been amended or replaced in various States and Union Territories. Registration, membership disputes, forum selection and recovery procedures may therefore be governed by local legislation or rules. Check the law applicable where the society is registered before filing proceedings. The text above reflects the central Act's Section 10 as reproduced in the original article, not every state-specific variation.
Frequently asked questions
Can a registered society sue its own member?
Yes. Section 10 contemplates civil proceedings for qualifying subscription arrears and wrongful dealing with society property, subject to the society's rules and applicable procedural law.
Is every unpaid contribution recoverable under Section 10?
No. The subscription must be one the member is bound to pay under the society's applicable rules. The society must establish the debt and any relevant defences must be considered.
Can a successful defendant recover litigation costs?
Where costs are adjudged in the defendant's favour in a proceeding brought at the society's instance, Section 10 provides the choice described above for their recovery.
Official legal resources
Consult the India Code legislative database for the Act and amendments, and the Legislative Department, Government of India for central legislation. For current local rules and amendments, consult the relevant State Registrar of Societies or official State legislation portal.