Amendment status not verified — confirm the current text below against the official source.
Effects of change of name.--The change in the name of a society registered under this Act shall not affect any rights or obligations of the society or render defective any legal proceeding by or against the society, and any legal proceeding which might have been continued or commenced by or against it by its former name may be continued or commenced by or against it by its new name". [Vide Assam Act 14 of 1948, s. 2] 13 Orissa Amendment of a section 12, Act (21 of 1860).—In section 12 of the principal Act— (a) in the first paragraph after the words “any other society” the words “ or whenever the governing body of any such society decides to change the name of the society” shall be inserted; (b) after the second paragraph the following proviso shall be inserted, namely:— “Provided that no proposition for amalgamation shall be carried into effect unless it has been considered, agreed to and confirmed by all the concerned societies in the manner prescribed in this section”. [Vide the Orissa Act 8 of 1969, s. 3] Orissa Insertion of new sections 12-A, 12-B and 12-C, Act 21 of 1860.—After section 12 of the principal Act the following new sections shall be inserted, namely:— 12-A. Registration of change of name.—(1) Where a proposition for change of name has been agreed to and confirmed in the manner prescribed by section 12, a copy of the proposition so agreed to and confirmed shall be forwarded to the Registrar of Societies for registering the change of name. If the proposed name is identical with that by which any other existing society has been registered or in the opinion of the Registrar so nearly resembles the name of such other society as is likely to deceive the public or the members of either society, the Registrar shall refuse to register the change of name. (2) Save as provided in sub-section (1), the Registrar shall, if he is satisfied that the provisions of this Act in respect of the change of name have been complied with, register the change of name and issue a certificate of registration altered to meet the circumstances of the case. On the issue of such certificate the change of name shall be complete. (3) The Registrar shall charge for any copy of a certificate issued under sub-section (2) a fee of rupee one and all fees so paid shall be accounted for to the State Government. 12-B. Effect of change of name.—The change in the name of a society shall not affect any rights or obligations of the society or render defective any legal proceeding by or against the society; and any legal proceeding which might have been continued or commenced by or against it by its former name may be continued or commenced by or against it by the new name. 12-C. Registration of change of name effected before commencement of the societies Registration Amendment.—If any society registered under this Act has, before the date of the coming into force of the Societies Registration (Orissa Amendment) Act, 1969 intimated to the Registrar the change of its name and if the Registrar has recorded such change the Registrar may, notwithstanding anything contained in this Act, on an application made by the society in this behalf and on payment of fees as provided in sub-section (3) of section 12-A register the change of such name and issue a certificate to the society under sub-section (2) of the said section. On the issue of such certificate the change shall be deemed to be complete from the date on which such change was recorded by the Registrar.” [Vide the Orissa Act 8 of 1969, s. 4] Orissa Amendment of section 12A.—In the principal Act, in section 12A,— (a) for sub-section (1), the following sub-sections shall be substituted, namely:— 14 “(1) Where a proposition for change of name has been agreed to and confirmed in the manner prescribed by section 12, a copy of the proposition so agreed to and confirmed shall be forwarded to the Registrar of Societies for registering the change of name”. (1A) The Registrar of Societies may refuse to register the change of name, if he is of the opinion that the proposed change of name is undesirable for any of the reasons mentioned in section 3A.”. (b) after sub-section (3), the following sub-section shall be inserted, namely:— “(4) if, through inadvertence or otherwise a society is registered by a name which is identical with or, which in the opinion of the Registrar of Societies so nearly resembles the name by which any other existing society has been previously registered under this Act or any body corporate which has been incorporated or registered under any other law for the time being in force or any body constituted by the Government or any local authority the Registrar of Societies may after hearing the party concerned direct the society to change the name and the society shall change its name within a period of three months from the date of issue of the direction in accordance with the provisions of this Act, or such longer period as the Registrar of Societies may think fit to allow.”. [Vide the Orissa Act 6 of 2013, s. 3] Insertion of a new section.—In the principal Act, after section 12-C, the following section shall be inserted, namely:— 12-D. Registrar’s power to cancel registration in certain circumstance.—(1) Notwithstanding anything contained in this Act, the Registrar may, be order in writing , cancel the registration of any society on any of the following grounds, namely:— (a) the registration of the society, or its name or change of name is contrary to the provisions of this Act or of any other law for the time being in force; or (b) its activities or, opposed activities have been, or are subversive of the objects of the society or proposed to public policy; or (c) the registration certificate has been obtained by misrepresentation of fact or fraud; or (d) the society fails to comply the direction issued under sub-section (4) of section 12-A: Provided that no order of cancellation of registration of any society shall be passed until the society has been given a reasonable opportunity of altering its name or objects or of showing cause against the action proposed to be taken in regard to it.”. [Vide the Act Orissa Act 6 of 2013, s. 4] Union territory of Ladakh Section 12.— (i) after "any other society", insert "or whenever the governing body of any such society decides to change the name of the society"; and (ii) after the words "after the formal meeting" insert-- "Provided that no proposition for amalgamation shall be carried into effect unless it has been considered, agreed to and confirmed by all concerned societies in the manner prescribed in this section.”. 15 Insertion of new sections— After section 12, insert— "12A. Registration of change of name.-(1) Where a proposition for change of name has been agreed to and confirmed in the manner prescribed by section 12, a copy of the proposition so agreed to and confirmed shall be forwarded to the Registrar for registering the change of name and if the proposed change in the name is in his opinion undesirable for any of the reasons mentioned in section 3A, the Registrar shall refuse to register the change of name. (2) Save as provided in sub-section (1), the Registrar shall, if he is satisfied that the provisions of this Act in respect of change of name have been complied with, register the change of name and issue a certificate of registration altered to meet the circumstances of the case, and on the issue of such a certificate the change of name shall be complete. (3) The Registrar shall charge for any copy of a certificate issued under sub-section (2), a fee of rupee five hundred and all fees so paid shall be accounted for to the Administration of the Union territory of Ladakh. (4) If, through inadvertence or otherwise, a society is registered by a name which should not have been registered (due regard being had to the provisions of section 3A), the Registrar may, after hearing the party concerned direct the society to change the name; and the society shall change its name within a period of three months from the date of the direction in accordance with the provisions of this Act, or such longer period as the Registrar may think fit to allow.