Body corporate ‑ Societies registered under the Societies Registration Act ‑ Whether “body corporate” - Companies Law - No. 8/48/2(7)/63‑PR,

Circular : No. 8/48/2(7)/63 ‑ PR, dated 24 ‑ 11 ‑ 1962. Subject:- Body corporate ‑ Societies registered under the Societies Registration Act ‑ Whether body corporate The question whether a society registered under the Societies Registration Act, 1860, should be considered a body corporate within the meaning of section 2(7) has been carefully examined further in consultation with the Ministry of Law as well as in the light of recent judgment of the Supreme Court in Board of Trustees v. State of Delhi AIR 1962 SC 458. It has been decided that such a society should not be deemed to be a body corporate within the meaning of the aforesaid provisions of the Companies Act, although such a society can be treated as a person having separate legal entity apart from the members constituting it and thereby capable of becoming a member of a company under section 41(2). The view expressed in para 1 of the Departmental Letter No. 8/27/56‑PR, dated 30‑11‑1957 to the Registrar of Companies, New Delhi, may accordingly be deemed to have been modified to the extent stated above. Consistent with the revised interpretation of the expression body corporate as stated above, you are requested to interpret the said expression occurring in various provisions of the Companies Act, viz., sections 43A, 295, 303, 372, etc., and exclude a society registered under the Societies Registration Act from the scope of the expression body corporate .