A society is an organisation of several individuals combined using a mutual accord to think, govern and act cooperatively for some communal purpose. Societies are normally registered for the advancement of charitable activities like music, sports, religion, culture, education, art, etc.
Society Registration, under the Society Registration Act, in India, sets down some procedures for the benefit of society registration and operation. This act was performed to increase the legal obligations of society registration for the improvement of fine arts, literature, science or distribution of information for bountiful views and plans. The society registration act, 1860 has been received by several state governments with or without further amendments.
Purpose of Society Registration
Society registration is mainly done for the development of science, fine arts, or literature or for the diffusion of knowledge or charitable purposes of political education. According to Section 20 of Society Act, 1860, a society registration can be done for the following purposes:
- Diffusion of political education
- Promotion of fine arts
- Development of science and literature
- Grant of charitable assistance
- Creation of military orphan funds
- Collections of mechanical and designs, philosophical inventions, or instruments
- Maintenance or foundation of reading rooms or libraries
- Support or foundation of galleries or public museum
- Collections of natural history
- Promotion or diffusion or instruction of useful knowledge
Steps for Registering a Society in India
Society can be formed by a minimum of 7 or more persons. Apart from people from India, foreigners, companies, as well as other certified societies can also register for the Memorandum of Association of the society. Further, similar to partnership firms, society can additionally be either registered or unregistered. Although, only the registered societies will be ready to face the consigned properties and/or have an organisation filed against or by the society.
Society registration is managed by state governments. Therefore, the application for society registration must be performed to the specific authority of the state, where the registered office of the society is situated.
For society registration, the establishing individuals must match with the name of society first and then plan for the memorandum, supported by the rules and regulations of the society.
Selection of a Name
When choosing a name for society registration, it is important to note that an identical or comparable name of a currently enrolled society will not be approved. Further, the proposed name shall not recommend for any business of state government or engage the provisions of the Emblem and Names Act, 1950.
What are the Documents Required for the Society Registration in India:
- PAN cards of all the members of the particular society have to be presented simultaneously with the application.
- The residence proof of all the members of the society also has to be submitted. The following can be accepted as a valid residence proof:
- Aadhaar Card
- Bank Statement
- Driving License
- Utility Bill
- Passport
- Memorandum of Association has to be fixed which will include the following requirements and information:
- The work and the purposes of the society for which it is being built
- The features of the members making the society
- It will include the address of the registered office of the society
- Rules and regulations of the society also have to be fixed which will include the following information:
- Rules and regulations by which the functioning of the society will be directed and the support of day to day activities
- It will include the rules for using the membership of the society
- The details regarding the meetings of the society and the frequency with which they are working to be held is to be notified
- Information about the auditors
- Forms of arbitration in case of any conflict within the members of the society
- Ways for the dissolution of the society will further be considered
Once the rules are formed, they can be replaced but the new set of laws will be approved by the President, Vice President, Chairman, and the Secretary of the Society.
- A covering letter stating the objective or the purpose for which the society is being developed will be annexed to the beginning of the application. It will be approved by all the founding members of the society.
- A copy of the proof of address where the certified and registered office of the society will be placed along with a NOC from the proprietor if any has to be added.
- A list of all the members of the regulatory body has to be provided along with their signatures.
- A declaration has to be provided by the director or president of the proposed society.
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