Sections 15-16 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 15 and 16 are the definition sections of the central Act. Section 15 says who counts as a member of a society and removes the vote of anyone whose subscription is in arrear for a period exceeding three months. Section 16 says what the governing body is. Because the rest of the Act is built on these two terms, they decide who votes, who is counted and who manages.
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. Groups choosing between a society and a company may also read about Section 8 company registration, which is a different legal form.
A member is a person admitted according to the rules and regulations who has paid a subscription or signed the roll or list of members and has not resigned in accordance with those rules. In all proceedings under the Act, no one whose subscription is in arrear for a period exceeding three months may vote or be counted as a member. The governing body is whatever body the rules and regulations entrust with the management of the society's affairs.
Section 15: who is a member
The heading in the copy is "Member defined. Disqualified members." The text reads: "For the purposes of this Act a member of a society shall be a person who, having been admitted therein according to the rules and regulations, thereof, shall have paid a subscription, or shall have signed the roll or list of members thereof, and shall not have resigned in accordance with such rules and regulations; but in all proceedings under this Act no person shall be entitled to vote or be counted as a member whose subscription at the time shall have been in arrear for a period exceeding three months." The comma after "regulations" and before "thereof" is as printed.
The test, element by element
| Element | As printed |
|---|---|
| Admission | Admitted according to the rules and regulations of the society |
| Participation | Has paid a subscription, or has signed the roll or list of members |
| Exit | Has not resigned in accordance with the rules and regulations |
| Disqualification | A person whose subscription at the time is in arrear for a period exceeding three months is neither entitled to vote nor counted as a member |
Take each one in turn.
- Admission by the rules. A person who is not admitted under the rules is not a member, however much they have paid. The Act does not itself prescribe how admission works; that is for the rules. See our topic guide on members of a society: admission, rights and removal.
- Payment or signature. The text is alternative: paid a subscription or signed the roll or list. A society whose rules charge no subscription can still have members, if they signed the roll or list.
- Resignation. Resignation counts only if it is "in accordance with such rules and regulations". An informal exit is not enough on this reading.
- Arrears beyond three months. The test is applied "at the time", that is, when the vote is taken or the head-count is made. A member three months and one day in arrear is neither entitled to vote nor counted. A member in arrear for exactly three months or less is not caught by the words printed, since the section speaks of a period "exceeding three months".
Why the arrears rule matters
The words "in all proceedings under this Act" are wide. The arrears rule applies wherever the Act counts members, including:
- the first and second special meetings under section 12 (see section 12);
- the dissolution vote under section 13 and the choice of the recipient of surplus property under section 14 (see sections 13 and 14);
- the penalty bye-law vote under section 9;
- the assent under section 17 for a company or society registering under the Act (see sections 17 and 18).
A society that wants a vote to stand should keep an up-to-date subscription register. A resolution that counted a member three months in arrear could be challenged on the ground that the count was wrong.
An example. The "Sunrise Teachers' Society" has 100 names on its roll. On the date of a meeting to consider dissolution, 12 of them are in arrear for more than three months. Under section 15, those 12 are neither entitled to vote nor counted as members. The three-fifths test for section 13 is therefore applied to 88 members, which means at least 53 votes (three-fifths of 88 is 52.8). A society that counted 60 votes out of 100 would be using the wrong base.
Section 16: governing body defined
Section 16 is short: "The governing body of the society shall be the governors, council, directors, committee, trustees, or other body to whom by the rules and regulations of the society the management of its affairs is entrusted."
Three things follow.
- The definition is functional. It does not matter what the body is called. If the rules entrust management to it, it is the governing body.
- It can include trustees. Where a society's rules entrust management to trustees, they are within the definition.
- It rests on the rules and regulations. A body that has no authority under the rules is not the governing body for the Act.
Our topic guides on the governing body of a society and on how to change the governing body discuss how this works in practice.
Where the two definitions are used
| Section | Use of the defined terms |
|---|---|
| 2 | Memorandum names the governing body; rules certified by not less than three members of it |
| 4 | Annual list of the governing body |
| 5 | Property deemed vested in the governing body if not in trustees |
| 6 | Governing body appoints the person to sue or be sued, and nominates a defendant |
| 12 | Governing body proposes and convenes the special meetings; three-fifths of members |
| 13 | Dissolution by three-fifths of members; disputes among the governing body or members |
| 14 | Surplus property given to another society by three-fifths of members present |
| 17 | Governing body convenes the meeting; directors deemed the governing body of a company or society registered under Act 43 of 1850 |
For the annual list, see sections 4 and 19, and for property and suits, sections 5-8.
What the sections leave out
The central text of sections 15 and 16 does not say how many members a society must have after registration, who may be a governing body member, how long a term lasts, or what disqualifies an office-bearer. It does not require a register of members. Some State texts do; see our articles on Uttar Pradesh and West Bengal, which cover a register of members and disqualifications as printed in those texts.
Need help with your society's structure?
If you are weighing a society against a company, or want to see how a not-for-profit company is set up, read our Section 8 company registration page and then compare with the rules you already have.
Key takeaways
- A member is admitted under the rules, has paid a subscription or signed the roll, and has not resigned under the rules.
- Anyone whose subscription is in arrear for a period exceeding three months cannot vote or be counted.
- The governing body is whatever body the rules entrust with management, whatever it is called.
- These two definitions drive the vote counts and the filings in the other sections.
- A subscription register kept up to date protects every vote.
Read next
- Members of a society: admission, rights and removal
- Governing body of a society: the management committee
- Sections 4 and 19: annual list of the managing body and inspection of documents
- Sections 5-8: property, suits and enforcement of judgment
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.