Goodbye, Ghost Societies! UP gearing up to overhaul British-era Societies Act
State Law Commission submits ‘The Uttar Pradesh Societies Registration Bill, 2024. Inactive Societies, anti-social elements taking control over societies and other issues addressed in the Bill.
The Uttar Pradesh State Law Commission has proposed key changes to the British-era Societies Registration Act, 1860, in its draft of ‘The Uttar Pradesh Societies Registration Bill, 2024,’ submitted to the state government. The Bill introduces provisions to define and deal with inactive societies, prevent misuse by anti-social elements, and regulate state-aided societies.
“The draft Bill has been submitted to the state government,” said Justice PK Srivastava, chairman of the State Law Commission.
During the drafting process, multiple government departments raised concerns about inactive societies in the state. The issue came to light when the Law Commission sought suggestions from these departments while drafting the Bill.
The draft Bill addresses societies that have ceased functioning due to the demise or migration of founding members or a lack of engagement in activities. It defines an ‘Inactive Society’ under Section 2(18) as any society that has not conducted business, operations, or financial transactions for three consecutive years, nor filed account statements, bank records, or annual returns with the competent Registrar.
Additionally, a society will be considered inactive if it has failed to submit a list of its members, election results, or other required documents to the Registrar.
Concerns were also raised before the State Law Commission about anti-social elements taking control of societies by removing founding members or their representatives. To prevent such instances, the Bill includes safeguards to protect the interests of original members and their successors.
While most societies operate through individual funding, some receive financial aid, land, or infrastructure support from the state government. The draft Bill includes provisions for state-aided societies, ensuring accountability for those receiving grants, loans, or have received land or buildings or both on concessional rate and other facilities from the central or state government.
Several government departments suggested lowering the minimum age for society membership from 21 to 18 years. However, the Law Commission maintained that societal responsibilities require maturity and an understanding of institutional obligations, deeming 21 years as the appropriate age for membership.