Section 16 - Governing Body Defined under the Societies Registration Act, 1860

Section 16 of the Societies Registration Act, 1860 defines the governing body of a registered society. The central question is which persons or collective body have been entrusted with managing the society's affairs under its rules and regulations. The title given to that body is not decisive.

Text of Section 16 - Governing body defined

The governing body of the society shall be the governors, council, directors, committee, trustees or other body to whom by the rules and regulations of the society the management of its affairs is entrusted.

Meaning and scope of the definition

The term governing body includes governors, a council, directors, a committee, trustees or any other body designated to manage a society. Section 16 therefore recognises different organisational structures. What matters is the authority granted by the society's rules and regulations, rather than whether its management is called an executive committee, managing committee or board.

The provision is a definition. It does not by itself prescribe a universal number of office-bearers, their tenure, election procedure, removal process or all their powers. Those questions require examination of the applicable rules, bye-laws, other statutory provisions and State amendments.

How to identify the governing body

Examine the memorandum and rules: Identify the body expressly entrusted with administration and management.
Check appointments or elections: Review the society's applicable procedures, minutes and records to establish the constitution of that body.
Check the filed managing-body list: Section 4 concerns filing an annual list of the managing body. Filing obligations and their legal effect can be affected by State law.
Check State-specific requirements: State amendments or a separate State societies statute may change the governing framework.

Section 2 - Memorandum of association: deals with particulars including the names, addresses and occupations of the governors, council, directors, committee or other governing body entrusted with management.

Section 4 - Annual list of managing body: addresses filing particulars of those entrusted with management.

Section 6 - Suits by and against societies: deals with proceedings involving a society through the persons or officers contemplated by the Act and its rules.

Section 12 - Alteration of purposes: describes a procedure in which the governing body submits proposals to members and convenes special meetings, subject to statutory conditions.

State amendments and applicability

The Societies Registration Act, 1860 has been amended in different jurisdictions, while certain States have enacted separate societies registration laws. For example, Haryana Act 14 of 2007 modified Section 16 to refer to a trustee mandal and introduced Section 16A concerning duties, functions and powers of the governing body. Other jurisdictions may impose different requirements. Accordingly, the applicable law must be verified for the State or Union Territory in which the society is registered.

Official legal source

Read the Societies Registration Act, 1860 on India Code (official PDF) for the central text. Consult the relevant State legislation, amendments and Registrar's directions before applying the provision to a particular society.

This article explains the central statutory provision and does not replace the law applicable to a particular State or a society's valid rules.