The Societies Act, 1860
The act relating to the operation and registration of societies was related to the Societies Act, 1860. It was brought into action for the improvement of the legal conditions of societies. It related to registration procedures for the growth of fine arts, literature and so. Also, this act has strengthened the legal compliance for Society Registration. The Societies Registration Act, 1860 has been adopted by most of the State Governments with further amendments.
A society can be registered for various purposes and activities. It may be for charitable purposes or knowledge-based purposes. A society can be registered for the purposes which are as follows:
- The grant of charitable assistance.
- The creation of Military Orphan funds.
- The promotion of Science.
- The promotion of Literature.
- The promotion of Fine Arts.
- The promotion of Diffusion of Useful Knowledge.
- The diffusion of Political Education.
- The maintenance of libraries or reading rooms.
- The foundation or maintenance of Public Museum or Galleries.
As per the Societies Act, 1860, a Society can be registered for other purposes. It has to be based on the amendment that has been enacted by the concerned State Government.
The documents required for society registration in India are as follows:
- The PAN Card details of all the members of the Society under Registration Process.
- The Residence Proof of all the members of society. The documents below act as valid residence proof which are:
- Bank Statement
- Aadhaar Card
- Utility Bill
- Driving License
- The Memorandum of Association should be prepared including following clauses and information:
- The scope of work along with the objectives of the society which it is about to achieve
- The requisite details of members who are part of the society
- The Address of society’s registered office
4.The Preparation of Articles of Association including the following information as:
- The society’s Rules and Regulations for efficient governing. They include maintenance of regular activities
- The rules for availing society membership
- The details about the society meetings and the frequency at which they will be held
- The Auditor’s information
- Dispute resolution system between the members of the society such as Arbitration Forms
- The options for the Society’s dissolution
Also, the Rules once made are replaceable. The President, Chairman, Vice President, and the Secretary of the Society will have to sign the new set of rules.
- A cover letter is to be submitted mentioning society’s objectives. It is to be annexed during application filing. Moreover, all the founding members of the society must duly sign the cover letter.
- An Address Proof copy of the society’s registered office is to be attached along with the NOC from the landlord.
- A list of members who are a part of the governing body along with their signature is to be submitted.
- A declaration of competency and willingness to hold the position of President of the proposed society is to be signed and submitted.
Steps for Registering a Society in India
The creation of society requires a minimum of seven or more people as per the rules stated. The registered societies can only hold the rights of properties or have any legal proceedings. Also, the state government maintains the Society Registration process. The application for registration of a society is filed with the state authority. It is mostly done where the registered society office is situated.
STEP 1: Name Selection
You have to select a name for Society Registration. It has to be a unique name. As given under the act, you cannot choose a similar name of a currently registered society. Furthermore, the name selected should not convey any patronage of the state and national government. As given in the Emblem and Names Act, 1950 the name selected should not contradict any provisions as per the act.
STEP 2: Memorandum of Association
The Memorandum of Association along with Society’s Rules and Regulations should be duly signed by all the recognized members. Gazette Officer, Notary Officer, Chartered Accountant, Oath Commissioner, Advocate, and First-class Magistrate should witness it. It should contain their stamp and complete address. The Memorandum of association must contain the name, addresses, designations, and occupations of the members.
The requisite documents should be signed and submitted for registration are as follows:
- A covering letter that is signed by all the members, requesting for society registration
- A certified copy of the Society’s Memorandum of Association along with a duplicate copy of the same
- A duplicate copy of the Society’s Rules and Regulations along with a duplicate copy duly signed by all establishing members
- The society’s Registered office Address proof along with the landlord’s no-objection certificate (NOC)
- An Affidavit issued by secretary or president of society mentioning subscriber relationships
- The minutes of the meeting related to the society registration apart from the essential documents
STEP 3: Submission of documents
The requisite documents are submitted to the Registrar of Societies. It is to be coupled with the mentioned fees in 2 copies. On receiving the first copy the registrar will sign the application as an acknowledgement. The registrar will return the application whereas retaining the second copy for approval. After the completion of documentation, the registrar will issue an Incorporation Certificate. It will be issued along with allotting a registration number. The signed Rules and Regulations, Memorandum of Society are submitted to the registrar of the state with a pre-determined fee. Then the authorities will verify the documents along with the society registration application. After that, the society registration certificate is issued.
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