KARNATAKA STATE CRICKET ASSOCIATION CHINNASWAMY STADIUM, BANGALORE Vs. DISTRICT REGISTRAR OF SOCIETIES, BANGALORE

JUDGEMENT

(1.) When will an amendment made to a procedural law is retrospective? This is the short question that arises for determination in this case.

(2.) Facts in brief: The petitioner-association amended Rule 7(d)(vi) of its rules on 17.01. 2010 by passing a resolution as provided under Sec. 10(1) of the Karnataka Societies Registration Act, 1960 ('the Act' for short) and sought for its registration as mandated under Sec. 10(2) of the Act by filing the amendment with the respondent-Registrar. It is relevant to state that sub-section (1) of Sec. 10 of the Act provides for amendment of the name and the rules and regulations of a society. Sub-section (2), before it was substituted by a new sub-section by the Karnataka Societies Registration (Amendment) Act, 2011 [Karnataka Act No.38 of 2011] ('the Amendment Act' for short), mandated that every amendment made under sub-section (1) should be filed with the Registrar within thirty days and if the Registrar was satisfied that the amendment was in accordance with the provisions of the Act and the rules, he should register it. Prior to the Amendment Act, the Registrar had no power to condone the delay in filing the amendment. As the petitioner-association filed the amendment with the Registrar on 08.11.2010 i.e. after the time limit of thirty days provided under Sec. 10(2) of the Act, the respondent rejected registration of the amendment by order dated 012010. An appeal was preferred by the petitioner against the said order to the Karnataka Appellate Tribunal in Appeal No.230/2011. During the pendency of the appeal, the Amendment Act was enacted which came into force on 29.12011. By the Amendment Act, power was conferred on the Registrar to condone the delay of not exceeding one year in filing the amendment. The Karnataka Appellate Tribunal by its order dated 09.02012 dismissed the aforesaid appeal by affirming the order dated 012010 passed by the respondent-Registrar inter alia holding that the Amendment Act was not applicable to the case as it came into force with effect from 29.12011. Being aggrieved by the aforesaid two orders dated 012010 and 09.02012, the petitioner-association has presented these writ petitions.

(3.) The question that requires to be determined in these petitions is as to whether sub-section (2) of Sec. 10 of the Karnataka Societies Registration Act, 1960, as substituted by the Amendment Act, is retrospective. Before proceeding to examine the question, it is necessary to refer to the Amendment Act which reads as follows: "Karnataka Act No. 38 of 2011