Circular No. 03/2022, Filing of Forms VI, VII and Annual Returns by Societies
The Tamil Nadu Registration Department issued Circular No. 03/2022, File No. 8413/I2/2013, dated 27 May 2022, instructing District Registrars how to scrutinise annual returns and Forms VI and VII filed by societies registered under the Tamil Nadu Societies Registration Act, 1975. It requires checks on membership, elections and compliance, and explains how rival committee claims must be handled. Acceptance of a form does not determine the legal validity of an election, which may be decided by a civil court.
Scope and purpose
The Tamil Nadu Registration Department Circular No. 03/2022, File No. 8413/I2/2013, dated 27 May 2022, applies to District Registrars and Registrars of Societies dealing with registered societies. It responds to complaints that filings were being accepted without following the required procedure or properly examining supporting documents.
The circular covers annual returns and filings concerning changes to governing committees and members. The source text refers to both Forms VI and VII in describing these filings and the procedures for accepting them.
Checks before accepting a filing
District Registrars must examine the filing and satisfy themselves that it is in order. The required checks include:
- Comparing the persons shown in a committee change filing with the previous year's filed form to confirm whether they are members of the society.
- Checking whether the society followed its bylaws on elections, including quorum, voting eligibility and other election conditions.
- Considering whether the legal requirements for selecting the governing committee have been met.
- Ensuring that the filed records do not contain defects.
- Checking whether all bylaw conditions were followed when a filing concerns admission or removal of members.
If the filing is satisfactory, the Registrar must pass an order taking it on file. If it is defective, the Registrar must identify the defects with reference to the relevant legal provisions or rules and return it through a procedural order.
Competing committee claims
The Tamil Nadu Registration Department directs Registrars to conduct an inquiry when rival groups submit separate forms claiming that different governing committees were elected. The Registrar must determine which filing satisfies the legal requirements.
- The compliant filing must be taken on file.
- Other filings must be rejected.
- The result and reasons must be recorded in a speaking order.
- A group dissatisfied with the Registrar's decision must be advised to seek relief before the appropriate civil court.
- If neither filing is satisfactory, both may be rejected and both groups directed to the civil court.
Effect of filing
Acceptance of Form VII is an administrative step for maintaining correct records. It does not confirm that an election is legally valid, and rejection does not invalidate an election that was properly conducted. The Registrar cannot cancel an election or direct a fresh election, and must follow any decree or order later made by the civil court.
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Common questions
Does the Registrar's acceptance of Form VII prove that a society election is valid?
No. Acceptance is for maintaining the Registrar's records and does not approve the legal validity of the election. Election validity may be decided by a competent civil court.
What happens if two rival groups file forms claiming different governing committees?
The Registrar must inquire into both claims and determine which filing meets the legal requirements. If neither is satisfactory, both may be rejected and the groups directed to seek relief in a civil court.
Can the Registrar cancel a society election or order a fresh election?
No. The court decisions quoted in the circular state that the Registrar has no power to cancel a committee election or direct that a fresh election be held.
What election details will the Registrar check before taking a form on file?
The Registrar may check membership, quorum, voting eligibility, election conditions in the society's bylaws, compliance with legal requirements and whether the filed records contain defects.
