Sections 17-18 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Sections 17 and 18 provide for societies that already existed when the Societies Registration Act, 1860 was passed. Section 17 lets a company or society registered under Act 43 of 1850, or established earlier but not registered, be registered under this Act with the assent of three-fifths of the members. Section 18 says what the governing body must file. These are historical provisions: they were written for the years around 1860.
This article follows the copy of the central Act consulted (last updated 30 July 2019). The Act is applied State by State, and many States have amended it or replaced it with their own Act, so the State law must be checked.
A company or society for a literary, scientific or charitable purpose, registered under or established before this Act but not registered, may be registered under it, but only after three-fifths of the members present personally or by proxy assent at a general meeting convened by the governing body. Section 18 makes it sufficient for the governing body to file a memorandum, certified rules and a copy of the report of the meeting with the Registrar.
Why these sections are historical
The Act is dated 21 May 1860. Sections 17 and 18 speak of a company or society "registered under " and of a society "established and constituted previously to the passing of this Act". Both describe bodies that existed before the Act. The copy consulted prints the reference to Act 43 of 1850 in square brackets, and this article quotes it as printed without saying more about that Act.
A society formed today does not use these sections; it follows sections 1 to 3, covered in our article on formation, memorandum and registration. The sections are still worth reading, since they show how the Act treats a governing body, the three-fifths assent and the Registrar's file. For a body registered or run on older lines and wondering about its position, a legal consultation is a sensible first step.
Section 17: which bodies may be registered
Section 17 reads: "Any company or society established for a literary, scientific or charitable purpose, and registered under , or any such society established and constituted previously to the passing of this Act but not registered under the said , may at any time hereafter be registered as a society under this Act".
| Category | Description in the text |
|---|---|
| 1 | A company or society for a literary, scientific or charitable purpose, registered under |
| 2 | Such a society established and constituted before the passing of this Act, but not registered under the said |
Both may be registered "at any time hereafter". The text names no end date.
The assent proviso
Section 17 carries the side-heading "Assent required" inside the text. It makes registration "subject to the proviso that no such company or society shall be registered under this Act unless an assent to its being so registered has been given by three-fifths of the members present personally, or by proxy, at some general meeting convened for that purpose by the governing body."
So the conditions are:
- a general meeting convened for that purpose;
- convened by the governing body;
- assent by three-fifths of the members present personally or by proxy.
The base here is members present, personally or by proxy. Compare section 12, where the first vote is by three-fifths of the members, and section 13, which requires three-fifths of the members. See our article on section 12. Section 15 also applies: a person whose subscription is in arrear for a period exceeding three months is not counted as a member.
Who is the governing body of such a body?
The last two paragraphs of section 17 deal with the governing body:
- "In the case of a company or society registered under , the directors shall be deemed to be such governing body."
- "In the case of a society not so registered, if no such body shall have been constituted on the establishment of the society, it shall be competent for the members thereof, upon due notice, to create for itself a governing body to act for the society thenceforth."
So a registered body's directors are the governing body for this purpose, and an unregistered society that never created a governing body may create one by its members, upon due notice. The section does not say what notice, how long, or how the new body is chosen; those matters are not printed.
Section 18: what is filed
The heading is "Such societies to file memorandum, etc., with Registrar of Joint-stock Companies". The text says that in order to any such society obtaining registry under the Act, "it shall be sufficient that the governing body file with the Registrar of Joint-stock Companies [ *] a memorandum showing the name of the society, the objects of the society, and the names, addresses and occupations of the governing body, together with a copy of the rules and regulations of the society certified as provided in section 2, and a copy of the report of the proceedings of the general meeting at which the registration was resolved on."
| Document | Source |
|---|---|
| Memorandum showing the name, the objects, and the names, addresses and occupations of the governing body | Section 18 |
| Copy of the rules and regulations, certified as provided in section 2 (by not less than three members of the governing body) | Sections 2 and 18 |
| Copy of the report of the proceedings of the general meeting at which registration was resolved on | Section 18 |
Two observations. First, the filing is by the governing body, not by seven subscribers as in section 1. Second, the words after "Joint-stock Companies" are marked "[ *]" in the copy as omitted; the copy does not say what they were. The section does not mention a fee; section 3 sets the fee for registration, and whether it applies to these bodies is not stated in section 18. It also does not say that the Registrar issues a certificate; the text says only that filing is "sufficient". The sections after it, such as section 19 on inspection, are covered in sections 4 and 19.
An illustration
Take an invented body, the "Old Town Reading Club", established before 1860 and never registered. Its members, upon due notice, create a governing body. The governing body convenes a general meeting for the purpose of registering the club under the Act. Three-fifths of the members present personally or by proxy assent. The governing body then files a memorandum with the name, the objects and its own members' particulars, a copy of the rules certified by three of its members, and a copy of the report of the meeting. That is what section 18 calls sufficient.
Remember that the Act is applied State by State. For a State that has replaced it, see our article on Haryana, whose Act repeals the 1860 Act in that State and deals with existing societies.
Need help with an old or unregistered society?
If your society has been working for years without a clear registration position, or its papers date from an earlier law, our team can review the position in a legal consultation. We start from the documents you hold and the law of your State.
Key takeaways
- Sections 17 and 18 deal with companies or societies registered under and societies established before the Act but not registered.
- Registration needs the assent of three-fifths of the members present personally or by proxy at a general meeting convened by the governing body.
- The directors of an Act 43 of 1850 body are deemed its governing body.
- Under section 18 the governing body files a memorandum, certified rules and a copy of the meeting's report.
- They are historical provisions; a new society uses sections 1 to 3.
Read next
- Introduction to the Societies Registration Act, 1860
- Formation of a society: memorandum and rules
- Sections 13 and 14: dissolution and surplus property
- Sections 15 and 16: member and governing body defined
Disclaimer: Based on a copy of the Societies Registration Act, 1860 last updated 30 July 2019 and on copies of the Haryana (2012), Karnataka (1960), Rajasthan (1958), Tamil Nadu (1975), Uttar Pradesh and West Bengal (1961) societies laws, each amended only up to the date its copy shows, as consulted on 2 October 2026. Societies law differs from State to State; later amendments, State rules and current fees should be checked. This article is general information, not legal advice; check the official text before acting.