Let New UP Societies Bill Be Assented To & Notified On Passing By Assembly : Supreme Court

The Uttar Pradesh government told the Supreme Court yesterday that it will be soon bringing a law to repeal and replace the Societies Registration Act, 1860 in the state. Hearing the submission, the Court directed that as and when the proposed Bill is passed by the State Assembly, the same be notified and assented to at the earliest.A bench of CJI Surya Kant and Justice Joymalya Bagchi heard the matter.The case pertained to a Bulandshahr-based Society working for destitute women, where the post of ex-officio President was occupied by the wife of a District Magistrate.At the outset of the hearing, the CJI conveyed to the State counsel on a lighter note, "These distinguished wives of Collectors, you keep them busy somewhere else! Why this colonial era [law] is still hanging in their mind?" In response, the UP counsel told the Court that the proposed Bill was likely to be passed in the forthcoming session.Later, he gave an undertaking that the entire issue has been revisited and it has been resolved to bring a new Societies Registration Act into force, whereunder the "colonial era provisions" will be consciously omitted.Accordingly, the Court recorded in the order, "It is stated by ld. State counsel that the Bill is under finalization and it will be placed before state assembly as soon as possible. He assures Bill will be passed in 2 months."The appeal was allowed in part and a writ petition before High Court disposed of with the following directions:- Let the new Bill proposing to repeal and replace the Societies Registration Act in UP be placed before legislative assembly in 2 months;- In the event of Bill passing, let it be assented to and notified at the earliest;- Affairs of all societies registered under 1860 Act shall hitherto be regulated in accordance with the new Act;- Since enforcement of the new Act and/or election/nomination of governing bodies thereunder will take some time, the elected members of Zila Mahila Samiti, Bulandshahr are permitted to perform bare minimum statutory duties like compliance of IT Act, other welfare legislations. Such an arrangement will only be interim in nature, till a regular elected body takes over.In December last year, the Court had suggested that the State carry out suitable amendments in laws under which Cooperative Societies/Societies/ Trusts are registered, so that if they are getting financial assistance from the state, they can be made to follow model bye-laws/rules/regulations formulated by it. "The amended provisions will have to ensure that the byelaws/Rules or regulations of Society will shed the colonial mindset of conferring ex officio positions to the spouse or family members of the State bureaucrats. It is, of course, for the Legislature to bring the suitable amendment and introduce such structure of the Governing Body of a Society or Trust etc., which leans towards democratic values where most of the members are duly elected" it said.During yesterday's hearing, besides the UP counsel informing the Court about the proposed Bill, the petitioner's counsel flagged the issue of the petitioner-Society running on ad-hoc basis. In response, CJI Kant said, "any Society where there is public work involved, what prevents the administration from looking after it? Why it should be the wife of the collector?"The petitioner's counsel responded that pursuant to an amendment of its Bye-Laws (which enabled the wife of the DM to occupy post of ex-officio President), fresh elections were held. However, both the amendment and the elections were set aside. He emphasized that a management was needed at the helm of the Society to take care of statutory compliances, day-to-day affairs, etc. as the Bill enactment may take time.Accordingly, the Court allowed the elected members of the petitioner-Society to continue managing its affairs, at the minimum, as an interim measure.Case Title: CM ZILA MAHILA SAMITI v. STATE OF U.P., C.A. No. 14257/2025

Let New UP Societies Bill Be Assented To & Notified On Passing By Assembly : Supreme Court

Debby Jain

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