A society is an organized group of individuals whose main purpose is to serve the society and not to earn profit. In this, a group of individuals comes together to serve the society. A society is an association that is united by mutual agreement to work together for a common purpose. In India, the societies is registered to promote charitable activities like education, art religion culture music sports etc.On the other hand , society is also formed for the maintenance of a residential or commercial complex or for creating the apartment association . Socity is governed by the Societies Registration Act of 1860. Indian Society Registration Act of 1860 was applicable in India under British raj. But it is still applicable in India. Under the Act Committee any association of 7 or more people related to any literary scientist or charitable purpose can be formed. The name and address of the members of the society and the governing body of the society should be duly signed by all members of the society for their consent. The Institution Registration Act 1860 has been adopted by most state governments without other amendments. In India, a society can be formed by minimum 7 or more persons. Apart from the people of India, foreign companies can also take membership. It is mandatory to have a unique name for registering any society under the Indian Society Act.It is also important that the society should be named after the consent of all the members of the society. It is compulsory for societies to have a memorandum of association. It is mandatory for societies to make rules and regulation the societies with their memorandum, rules and regulations have to be signed and attested by every registered member of the society witnessed by the oath commissioner, notary, and first class magistrate.
Society registration purpose
Grant of charitable assistance Creation of military orphan funds Promotion of:
- Science, Literature, Fine Arts
- Instruction or diffusion of useful knowledge, Diffusion of political education
- Foundation and maintenance of libraries or reading rooms
- Foundation and maintenance of public museum and galleries
The articles of association include the rules and regulation which also includes auditor’s details, dissolution process, arbitration form, rules for being the members of the society, also the ways of removing a membership, general body details, subscription details, meeting details.
Need for society registration
- Society registration is needed to promote fine arts, science, literature instructions or diffusion of useful knowledge
- Promote to foundation and maintenance of libraries or reading rooms.
- Promote to foundation and maintenance of public museums and galleries.
- The society registration can be done for charitable reasons.
- ID proofs of all members.
- Electricity /water bill.
- Copy of property papers.
- Land lord NOC.
- PAN card of all members.
- Memorandum of association (MOA)
- Articles of association (AOA)
- Declaration by the president of the society
- List of all members of the governing body along with their signature.
STEPS FOR SOCIETY REGISTRATION
- For society registration, the number of members should be seven or more.The Indian Society Act also makes it easier for companies or foreign nationals to build a society.The state government and its appropriate authorities perform the work of registration of committees.
- It is mandatory to have a unique name for registering any society under the Indian Society Act.It is also important that the society should be named after the consent of all the members of the society. If any other committee has any influence or the name of the committee is already taken by another committee then new registration can be opposed. The registration also cannot be done for the names which are prohibited by any other statutory provisions.
- It is compulsory for societies to have a memorandum of association. It is mandatory for societies to make rules and regulation the societies with their memorandum, rules and regulations have to be signed and attested by every registered member of the society witnessed by the oath commissioner, notary, and first class magistrate.
- The application form has to be attached with the cover letter requesting the registration of the society, duplicate of MOA, duplicate of rules and regulations, Address proof of the society, a few minutes of the meeting already held, affidavit from the president and the secretary of the society, an NOC. These are the required form that has to be attached to the application form.
- The documents that need to be attached to the society registration are PAN card of all the members of the society, the residence of proof which includes Aadhar card, utility bill, driving licence, passport, bank statement. The memorandum of association (MOA) has to include the work and mission of the society, the details of the members and also the address of the society.
The required documents as mentioned above along with the properly filled form makes it possible for a society to be registered. The registration also makes it easy for the legal procedures to be taken against or for society. The registration once filed will usually take one month for completion.
ADVANTAGES OF SOCIETY REGISTRATION
- Registered society is considered a separate legal entity.
- A society has the right to lease rent buy and sell property borrrow money and enter contracts in its own name. No member of the society has personal right or interest in any of assets of the society.
- An incorporated societyu continues to be separate entity even it its membership changes.
- A society members are not personally liable for the debts, contracts or other obligation of the society unless.
- The debts and obligations are incurred through unlawful activities ;in such case every member involved is personally liable for these debts orobligations
- An incorporated society may be entitled to be an income tax exemptions
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