Section 6 - Suits by and Against Societies
Section 6 of the Societies Registration Act, 1860 explains how a society registered under the Act can bring a lawsuit or defend a claim through a designated office-bearer, trustee or person appointed by its governing body. The applicable State amendments and the society's rules must also be checked.
Text of Section 6: Suits by and against societies
Every society registered under this Act may sue or be sued in the name of the president, chairman, or principal secretary, or trustees, as shall be determined by the rules and regulations of the society, and, in default of such determination, in the name of such person as shall be appointed by the governing body for the occasion:
Provided that it shall be competent for any person having a claim or demand against the society, to sue the president or chairman, or principal secretary or the trustees thereof, if on application to the governing body some other officer or person be not nominated to be the defendant.
Meaning and scope of Section 6
The section provides a procedural method for identifying the person in whose name proceedings may be instituted by or against a registered society. It is concerned with representation in litigation, not with making an office-bearer personally responsible merely because that person is named on the society's behalf.
1. Representation according to the society's rules
The first step is to examine the memorandum and the rules and regulations of the society. Where these designate the president, chairman, principal secretary or trustees for litigation, proceedings may be brought in the designated name in accordance with those rules.
2. Appointment by the governing body
If the rules do not determine who will represent the society, the governing body may appoint a person for the particular occasion. A governing-body resolution and the relevant rules are useful records for establishing the representative's authority.
3. Claims brought against a society
The proviso protects a person with a claim or demand against the society. Where an application is made to the governing body and no other officer or person is nominated as defendant, the claimant may sue the president, chairman, principal secretary or trustees as provided by Section 6.
Related legal provisions
Section 2 - Memorandum of association: specifies foundational information and the governing-body particulars, relevant to identifying the society and its management.
Section 5 - Property of society: addresses the vesting and description of the society's movable and immovable property where it is not vested in trustees.
Section 7 - Suits not to abate: provides for continuation of civil proceedings despite the death of, or change in, the person through whom the society sues or is sued.
Section 8 - Enforcement of judgment: ordinarily directs enforcement of a judgment obtained against a representative acting for the society against society property rather than the representative's personal property or person.
Practical considerations before filing a suit
- Verify the registration and the law applicable in the State or Union Territory concerned.
- Examine the society's rules to identify the designated representative.
- Where required, obtain and preserve the governing body's resolution appointing a representative.
- For a claim against the society, consider the nomination procedure in the proviso to Section 6.
- Ensure that the plaint, written statement and authorisation accurately describe the representative's capacity and the society's interest.
State-law qualification: The Societies Registration Act, 1860 has been amended or replaced by separate legislation in various States. The central text reproduced here is a reference point; the applicable local enactment, amendments, rules and judicial decisions govern any particular proceeding.
Official legal reference
Read the Societies Registration Act, 1860 on India Code (official PDF) for the statutory provisions and check relevant State government or Registrar of Societies publications for local changes.