official guidance

Circular No. 45958/I3/2017 dated 19 January 2018

The Office of the Head of the Registration Department, Chennai, issued Circular No. 45958/I3/2017 dated 19 January 2018, directing District Registrars to monitor annual filings by societies registered under the Tamil Nadu Societies Registration Act, 1975. Societies that continuously fail to file annual returns or required documents for more than three years may receive notice and ultimately have their names removed from the register.

Category
Registration and stamp duty
Effective
19 January 2018
Pages
2
Status
In force
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What the circular covers

Circular No. 45958/I3/2017 dated 19 January 2018 was issued by the Office of the Head of the Registration Department, Chennai, to all District Registrars responsible for administration. It responds to complaints that many registered societies were not regularly filing annual returns and had left more than Rs. 5 crore in amounts described as subscriptions payable to the government outstanding.

The circular concerns compliance by societies registered under the Tamil Nadu Societies Registration Act, 1975. It does not set out requirements for land ownership, property transfers or registration of sale documents.

Who is affected

The instructions directly affect:

  • Societies registered under the Tamil Nadu Societies Registration Act, 1975 that have not filed annual returns or other required documents.
  • District Registrars responsible for monitoring societies registered in their offices.
  • Deputy Heads of the Registration Department, who must examine progress during review meetings.

A property buyer or owner is not directly regulated by these instructions. The document may still be relevant where a registered society is involved in a matter, because prolonged filing failures can lead to removal of the society's name from the register.

Main instructions to District Registrars

District Registrars are instructed to:

  • Continuously monitor whether registered societies are regularly filing their annual returns.
  • Take appropriate action under section 44(3) where a society has continuously failed to file annual returns for more than three years.
  • Take action under section 44(3)(b) where a society has continuously failed for three years to file even one of the documents required under section 16(3)(b).
  • Arrange the societies registered in their offices chronologically by registration date, seniority and registration number when taking action.
  • Send notices under section 44(3) without delay.
  • After the notice period ends, promptly issue a notification under section 44(4) to remove from the register the names of societies that did not reply to the section 44(3) notice.
  • Carry out the process regularly, give it special attention, take quick action and report details to the Office of the Head of the Registration Department.

Deputy Heads of the Registration Department are asked to review these actions at review meetings. The matter is also to be examined at the review meeting of the Head of the Registration Department.

This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.

Common questions

Can a society be removed from the register for not filing annual returns?

Yes. If a society continuously fails to file annual returns for more than three years, the District Registrar must begin action under section 44(3). If the society does not reply within the notice period, a notification may be issued under section 44(4) to remove its name from the register.

Does the circular apply directly to land buyers and property owners?

No. Circular No. 45958/I3/2017 addresses filing compliance by registered societies and the duties of registration officials. It does not prescribe requirements for land ownership, sale deeds or property transfers.

Does failure to file only one required document matter?

Yes. A society that continuously fails for three years to file any one of the documents required under section 16(3)(b) may face action under section 44(3)(b).

Who must monitor societies that have not filed their records?

District Registrars must continuously monitor societies registered in their offices. Deputy Heads of the Registration Department must examine the action taken during review meetings.