• Validity of Society registered in one state operating in another state

Dear Sirs
A Society registered in Tamilnadu but not registered in Andhra Pradesh is operating in AP and involves in a lot of misdeeds. A Trust is formed locally in 2016 with a view to taking over the operation of the Society along with its Educational Institutions and properties. The basis for the formation of this Local Trust is the Judgement of the Sub-Court in 1975, which dismissed the Society on the grounds of misuse of funds and advised the Plaintiff's to form a new Trust and stipulated the name for the Trust. Accordingly the 2016 formed Local Trust is named as per the judgement
If we, the recently formed Trust, move the court now for taking over the Society what is the chances of success. Kindly advise
Asked 3 months ago in Civil Law from Madanapalle, Andhra Pradesh

Society can be operated throughout India when registered as a National level society. When a society is registered in one State, area of operation will be in that state only. 

Mohammed Mujeeb
Advocate, Hyderabad
11738 Answers
4 Consultations

4.5 on 5.0

In India nonprofit / public charitable organizations can be registered as trusts, societies, or a private limited nonprofit company, under section-8 companies.

THE TAMIL NADU SOCIETIES REGISTRATION ACT, 1975 , sec. 1(2) says It extends to the whole of the State of Tamil Nadu only. And more particularly says  in Sec.3 , that Subject to the provisions of sub-section (2), any societies which society which has for its object the promotion of education, may be literature, science, religion, charity, social reform, art, registered, crafts, cottage industries, athletics, sports (including indoor games) recreation, public health, social service, cultural activities, the diffusion of useful knowledge or such other useful object with respect to which the State Legislature has power to make laws for the State, which may be prescribed, may be registered under this Act.

 

But in the case of registration of a Trust is different and its area of operation can be extent to whole of Indian Territory. Section 2(15) of the Income Tax Act which is applicable uniformly throughout the Republic of India defines 'charitable purpose' to include 'relief of the poor, education, medical relief and the advancement of any other object of general public utility'.

 

You can’t take over the Society and its assets easily. If, upon the dissolution of any registered society there shall remain after the satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to or distributed among the members of the said society, or any of them, but shall be given to some other registered society or to any association of persons having the same objects or objects similar to those of such registered society, to be determined by a special resolution or in default thereof by the court. Sec. 41. (I) says A registered society may, by special resolution, determine that it shall be dissolved and thereupon it shall be dissolved forthwith or at the time specified in the resolution and all necessary steps shall be taken for the disposal and settlement of the property of the registered society and its claims and liabilities according to the by-laws, if any, of the registered society and if there are no by-laws, according as the committee, or where a special committee is appointed under sub-section (2), the special committee, may find it expedient. (2) A registered society may, when passing the special resolution referred to in sub-section (1), appoint a special committee consisting of such number of members as may be specified in the resolution for winding-up the affairs of the registered society.

 

In this juncture your requirements for taking over the society, you have to take all proper steps contemplated in Society act for dissolution or take over the society.

Ajay N S
Advocate, Ernakulam
3187 Answers
65 Consultations

5.0 on 5.0

If it's not registered you can prove it as illegal and dissolve it by Court's order

Prashant Nayak
Advocate, Mumbai
14516 Answers
24 Consultations

4.6 on 5.0

When a society is registered in one State, area of operation will be in that state only.

 

2) if it is carrying on operations in another state complain to registrar of societies of that state 

 

3) enclose copy of order wherein society was dismissed for misuse  of funds 

 

4) you may get court orders for taking over society 

Ajay Sethi
Advocate, Mumbai
69020 Answers
4153 Consultations

5.0 on 5.0

HI

Immediately lodge a complaint with the Registrar of Societies about the mis-deeds of the society by appending the copy of Dismissal Judgment.

A society registered in one state cannot operate in another state.

You can approach court by bringing to its notice about the mis-deeds and you will get favourable orders.

 

S Srinivasa Prasad
Advocate, Hyderabad
956 Answers
6 Consultations

5.0 on 5.0

This may be possible to take over the society by the trust but you have to register the society with the registrar of societies in that particular state

Vimlesh Prasad Mishra
Advocate, Lucknow
5683 Answers
19 Consultations

4.9 on 5.0

Take legal proceedings in local ADJ court in AP 

 

also complain to registrar of societies in AP 

Ajay Sethi
Advocate, Mumbai
69020 Answers
4153 Consultations

5.0 on 5.0

In that case you need to move to high court under writ petition and project all the aforesaid Ilegallities

Prashant Nayak
Advocate, Mumbai
14516 Answers
24 Consultations

4.6 on 5.0

If it is a public trust than ADJ court and if private trust than registrar.

Yogendra Singh Rajawat
Advocate, Jaipur
14592 Answers
19 Consultations

4.6 on 5.0

Move local ADJ court in AP . You can register the trust at AP 

Ajay N S
Advocate, Ernakulam
3187 Answers
65 Consultations

5.0 on 5.0

The suit filed for nonrecognition the trust formed now should be fought on merits.

Before that you should submit an application to the registrar of trusts in that place to declare this trust as illegal and to stop its functions on that basis, if you dont get a proper response, then you can approach court with a suit for permanent injunction agaisnt the trust.

The chances of success will depend upon how strongly you prosecute the case based on the documentary evidences and merits in your side.

 

T Kalaiselvan
Advocate, Vellore
58862 Answers
745 Consultations

5.0 on 5.0

You may discuss with your advocate at length and proceed as per the suggestions received because he would be right person to give a proper opinion after scrutinizing all the relevant papers and documents in this regard and guide you properly.

 

T Kalaiselvan
Advocate, Vellore
58862 Answers
745 Consultations

5.0 on 5.0

Dear Sir,

Depending upon clauses of the trust deed the Society may run in different States since Trust Act has coverage of entire India.

Kishan Dutt Kalaskar
Advocate, Bangalore
4686 Answers
134 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer