Section 19 of the Societies Act outlines the essential matters that must be addressed in the constitution or rules of every society established after the commencement of the Act.
These matters are fundamental for the proper governance, functioning, and regulation of societies.
Here is an overview of the specified matters:
Name of the Society:
The constitution or rules must clearly specify the name of the society.
Objects of the Society:
The whole range of objectives for which the society is being established needs to be explicitly stated.
Membership Criteria:
The individuals eligible for membership must be defined.
Entrance and Subscription Fees:
If applicable, the constitution or rules should outline the rates of entrance and subscription fees for members.
Suspension or Expulsion of Members:
The method of suspending or expelling members must be provided.
Titles, Terms, and Election of Officers, Trustees, and Auditors:
Titles of officers, trustees, and auditors, along with their terms of office and the method of their election, appointment, dismissal, and suspension, should be clearly defined.
Committees:
If the society has committees, their composition, terms of office for committee members, and the method of their election, appointment, dismissal, and suspension need to be specified.
Vacancies on Committees:
The authority for and the method of filling vacancies on committees must be addressed.
General Meetings:
Matters related to the frequency, quorums, and dates of general meetings as per section 29 of the Act should be included.
Funds and Property:
The custody and investment of society funds and property, along with the designation of responsible individuals, should be defined.
Use of Funds:
The purposes for which funds may be utilized, with specific emphasis on the prohibition of fund distribution among members, need to be outlined.
Inspection of Books and List of Members:
The constitution or rules must address the right of any member or officer to inspect the society’s books and list of members under section 28(1) of the Act.
Audit of Accounts:
Provision for the annual or periodic audit of accounts should be included.
Formation of Branches:
If the formation of branches is permitted, the process and conditions for doing so must be outlined.
Amendment Procedures:
The manner in which amendments to the name, constitution, or rules of the society can be made needs to be specified.
Dissolution and Property Disposal:
The manner of the society’s dissolution and the disposal of its property upon dissolution should be addressed.
Ensuring that these matters are adequately covered in the constitution or rules is crucial for the proper governance and functioning of societies under the Societies Act.
