In your daily life you must have come across some sort of society which is formed to serve some special purpose and must have wondered what it is and how Society registration is done and commence its activities. In today article we will explain you in detail about society and Society registration.
What is Society registration and Society Registration Act?
The Society Registration Act, 1860 was introduced in India 21 May 1860. Society Registration Act was enacted under the British Rule in India but is largely still in force in India today.The Societies Registration Act, 1860 lays down laws and regulations regarding the procedure for registration of societies in India and its operation in India. According to the Society Registration Act,1860 defines “A society as an association of persons united together by mutual consent to deliberate, determine and act jointly for some common purpose. Societies are usually formed for the promotion of charitable activities like education, religion, art and culture, music and sports activities etc”.
The act also lays down some features of a society as follows:
- A Society can be formed by a minimum of seven or more than seven persons.
- People, companies and other registered societies which are not based in India or are in a foreign location can subscribe to the Memorandum of a society in India.
- Societies can be registered or unregistered. However, only registered Societies can be legally protected and can take advantage of benefit given by the government.
Purpose of Society Registration act.
The main purpose of drafting the act is to improve the overall legal conditions of societies and to give them a legal status in India. Therefore, this act becomes a very important piece of law, as it regulates the formation of Society, Society Registration, and its governance. A society can perform very significant rules in the wellbeing of civic life in the country.
Procedure For Society Registration Under The act.
Before Giving you information regarding registration of society in India, I am listing some document that is required for the registration process are as follows:
Documents Required For Society Registration
- Affidavit No. 1 regarding ownership and NOC for registered office of society
- Affidavit No. 2 regarding persons not related to each other and name of society
- ID Proofs such as Adhar card, Driving license or Pan Card etc. of all the members
- Address Proof of all the members
- Electricity or Water bill
- Copy of Property papers
- Landlord NOC
Procedure to Society Registration
Societies are registered and acclaimed by state governments through registrations overseen by the Registrar of Societies of every state.
The registration or constitution of a society is completed in 2 parts:
b.Rules and regulations of the society
Memorandum of Association
The Memorandum of Association includes many clauses like the name of the society, the address of the registered office, an object for the formation of society and details of the overall body.Memorandum of Association includes various Clauses such as NameClause,RegisteredOffice,ClauseObjectClause,General and BodyMemberClause.
Rules and regulations of the society
The rules and regulations once more ought to address the subsequent questions:
- how is membership and subscription to be obtained to the society?
- What rules and laws govern the society and its members?
- are conferences to be organized (their frequency, line of work for the meeting and then on)?
- how can the committee or administration be formed?
- when can auditors be appointed?
- how can legal matters be settled?
- What are the explanations for dissolution?
The rules and laws, once developed, ought to be signed and licensed by 3 office bearers of the society (usually the Chairman, President and Vice-president or secretary and also the president, as applicable).
Both these documents should then be signed by every of the foundation members, witnessed by a notary public or accountant with their official stamp and address.
Before applying for registration, one needs to make sure the clauses mentioned in each moa and also the rules are mentioned and approved by the members. The ‘Object clause’ within the moa ought to clearly state the aim of formation of the society. This clause could also be crucial for the inclusion of the society below the Act.
Hence, hiring a professional to figure through the clauses on each Memorandum of Association and Rules and regulations of the society could make sure you have what the registrar is searching for approval of societies.
The documents(The Memorandum of Association and Rules and Regulations) needs to be filed with the Registrar along with the fees for registration to the concerned registrar of societies in the state. If the Registrar is happy with the concerned registrar of societies in the state, The society will be registered and will be certified.