Section 17 of the Societies Registration Act, 1860: Registration of Societies Formed Before the Act
Section 17 is a transitional provision allowing qualifying literary, scientific and charitable societies formed before the Societies Registration Act, 1860 to register under that Act, subject to member assent and governance requirements.
Text of Section 17 - Registration of societies formed before Act
Any company or society established for a literary, scientific or charitable purpose, and registered under Act 43 of 1850, or any such society established and constituted previously to the passing of this Act but not registered under the said Act 43 of 1850, may at any time hereafter be registered as a society under this Act;
Assent required. Subject to the proviso that no such company or society shall be registered under this Act unless an assent to its being so registered has been given by three-fifths of the members present personally, or by proxy, at some general meeting convened for that purpose by the governing body.
In the case of a company or society registered under Act 43 of 1850, the directors shall be deemed to be such governing body.
In the case of a society not so registered, if no such body shall have been constituted on the establishment of the society, it shall be competent for the members thereof, upon due notice, to create for itself a governing body to act for the society thenceforth.
Meaning and scope of Section 17
This provision concerns societies established before the 1860 legislation, not a general exemption from present-day registration requirements. It identifies two historical categories: bodies already registered under Act 43 of 1850, and eligible bodies formed before 1860 but not registered under that enactment. The purposes covered are literary, scientific or charitable.
Three-fifths assent at a general meeting
Registration under this section requires assent from three-fifths of the members present personally or by proxy at a general meeting convened by the governing body specifically for that purpose. The statutory fraction relates to members present or represented at the meeting, rather than automatically to the total membership. Proper notice, eligibility to vote and the society's rules should also be considered.
Governing body and the role of directors
For a society registered under Act 43 of 1850, Section 17 treats its directors as the governing body. For an unregistered pre-1860 society that had no governing body when established, its members may constitute one after due notice. Section 16 otherwise defines the governing body by reference to the rules and regulations entrusting management to governors, councils, directors, committees, trustees or another body.
Relationship with Sections 1, 2, 15 and 18
Section 1 addresses registration of societies generally, while Section 2 deals with the memorandum of association. Section 15 defines a member and addresses arrears of subscription for voting purposes. Section 18 contains filing requirements relating to societies registered under the preceding provision.
State-specific applicability: Societies registration is affected by State amendments and, in some jurisdictions, separate State legislation. Check the law and Registrar requirements applicable to the society's place of registration before relying on the central Act's historical wording.
Frequently asked questions
Who can use Section 17?
A literary, scientific or charitable company or society formed before the 1860 Act, whether registered under Act 43 of 1850 or not, subject to the applicable law.
What member approval is required?
At least three-fifths of members present in person or by proxy at a general meeting called for this purpose must assent.
What if an old society has no governing body?
Members may, after due notice, constitute a governing body to act for the society.
Official legal sources
Consult the India Code official legislation database for the Societies Registration Act, 1860 (Act 21 of 1860), and the relevant State Government's Registrar of Societies for local amendments, forms and current procedural requirements.