Society Registration in India
A society is a group of persons whose main aim is not to earn profits but to serve the society. A society is registered under Societies Registration Act, 1860. A Society is established for the purpose of promoting the charitable activities like sports, cultures, religion, education, arts and poverty reliefs.
The governing members of the society are responsible for the management of the society affairs. The duty of members of the general body includes modification in name and objects, rules & regulations (if necessary) and the election of members of the governing body.
Societies Registration Act, 1860
The Societies Registration Act was established in 1860 with the purpose of enhancing the legal conditions of the society registration for the advancement of fine arts, science and literature. This act has been accepted by several state governments without or with further amendments.
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Reasons of Society Registration
A society is established for the advancement of fine arts, science, and literature or for charitable causes and political education. According to the Section 20 of the Societies Act, 1860, a society can be registered for the following purposes -
Maintenance or foundation of reading rooms or libraries.
Maintenance or foundation of galleries or public museum
Promotion or instruction or diffusion of useful knowledge
Promotion of fine arts
Promotion of science and literature
Grant of charitable assistance
Creation of military orphan funds
Diffusion of political education
Other required social and charitable objectives.
Important Points Related to Society Registration
Procedure of Society Registration in India
A minimum of 7 or more persons are required for the creation of society. Apart from the Indian persons, foreigners, companies and registered societies can also register for the Memorandum of the society. Society can be either registered or unregistered in case of partnership firm. Only the registered societies will be able to withstand consigned properties and/or have an ensemble filed against or by the society. The State Governments maintains the society registration. The society registration application must be created to the specific state authority, where the society registered office is situated. For the registration of a society, the establishing members needs to agree with the society name first and then prepare the Memorandum followed by rules and regulations of the society.
While choosing the name for the registration of a society, it is important to understand that as per the Society Act, 1860, a similar or identical name of a current registered society will not be permitted. The proposed name should not advise for any patronage of state government or government of India.
Memorandum of Association of the Society
The Memorandum of the society along with rules and regulations must be signed by each establishing member and witnessed by Gazetted Officer, Chartered Accountant, first class magistrate, Advocate, Oath Commissioner, Notary Public with their official stamping and complete address. The memorandum of association must also include details of the members of the society registration along with their names, addresses, occupations & designations. For the society registration, the following documents are required to be prepared, submitted and signed -
Request for the registration of the society by providing covering letter signed by all establishing members.
Duplicate copy of Memorandum of society along with certified copy.
Duplicate copy of society’s rules and regulation along with a duplicate copy signed by all the establishing members.
Address proof of society’s registered office along with the NOC (no-objection certificate) issued by the landlord.
Affidavit declaration by secretary or president of the society to explain relationship among subscribers.
Few minutes of meeting regarding society’s registration along with some important documents
Documents Required for Society Registration in India
PAN card of all the proposed society members needs to be submitted with the application.2
Residence Proof of all the society members also needs to be submitted. The following documents can be used as a valid proof of residence:-
3Memorandum of Association has to be prepared which will include the following clauses and the information:
4Articles of Association should also be prepared and must include the following information:
Covering letter describing the objectives or the purpose of the society will be annexed to the starting of the application. It must be signed by all the founding members of the society.
6Copy of the address proof of the society registered office along with the no objection certificate from the landlord.
7It should also contain the list of all the members of the governing body along with their signatures.
7Declaration by the society president that he is willing and competent to hold the said post.
Rules can be modified after the formation of the society but the set of new rules must be signed by the secretary, Vice President, Chairman and the President of the Society.
All the documents mentioned above needs to be submitted to the registrar of societies along with the necessary fees in two copies. After receiving the application, the first copy is signed by the registrar as acknowledgement and returned by him while he keeps the second copy for the approval. After proper assessment of the documents, the certificate of incorporation has been issued by the registrar after allotting a registration number to it. The signed rules and regulations with memorandum have to be filed with concerned society or state registrar with a mentioned fee.
When all the conditions related to the society registration are fulfilled, then the registrar will issue the certificate and certify that the society is registered.
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Society Registration FAQ's
The society needs to present a list of the registered societies within 15 days in the general body meeting held each year. The list needs to include the names and addresses of every member of the Executive Committee (Managing Committee) and the officers entrusted with the society administration.
There should be an Executive Committee meeting at least once in three months and there should be a meeting of the General Body at least once in a year. If any modifications take place, the same will be recorded with the registrar. Minutes of meeting will be recorded with the registrar of the society.
According to the by-laws of the society, the society requires to select members of the Executive Committee.