HOW TO REGISTER A SOCIETY

The Societies Registration Act, 1860

Introduction

ACT: The Societies Registration Act, 1860 (‘Act’) provided for the registration of literary, scientific and charitable societies. The Act was a central legislation. Also, as per the societies registered in the respective states have to follow the law governing in that state.

OBJECT: The object of this Act, as given in its preamble, was to make provisions for improving the legal conditions of societies established for the promotion of literature, science or the fine art, or for the diffusion of useful knowledge, the diffusion of political, educational or for charitable purposes.

Process

1. Selection of unique name

2. Preparation of Memorandum of Association, Rules & Regulation

3. Prepare other documents such as

3.1. Cover letter requesting registration of society, by all founding member

3.2. Duly Certified copy of Resolution of registration of society

3.3. Declaration by the President of society

3.4. Id & Address proof of members

4. Filed the documents to the Registrar of Society

Some points that are to be kept in mind before the registration of the society which are as follows

1. Any seven or more persons associated for any scientific, literary or charitable purposes can apply for registration of society. No limit on a maximum number of persons is prescribed under the Society Registration Act.

2. Registration of society is undertaken by a basic document of Memorandum of understanding and Articles of Association with the specified rules and regulations. Such document consists of Name, occupation and address of all members and with the rights, power, duties and responsibilities of each member of the governing body.

3. The Memorandum of Association must mention the following items:

• Name of the society
• Address of the registered officer
• Name, addresses, designations, and occupations of the members of the society
• Objective of the society

4. Societies are registered by the association of at least 7 members. Each designated person will be elected by-election for 3 years at once or as specified by the society document.

5. The objects and rules of the society are formed as per the Societies Act, and one shall contact the society of registrar to have more details towards the creation of bye-law (Memorandum of understanding and articles of association). Also, one can ask the Auditor, chartered Accountant, Lawyers, Attorney to help in the bye-law creation.

6. No stamp paper is required for society registration. The governing body manages the society.

7. As per the Societies Act, the Governing body meeting and Annual general meeting should be conducted. Even a foreigner can be a member of a society in India.

8. The purpose and object of the society shall be literary, scientific or charitable purpose.

9. After registration of society, one shall apply for pan card if required. each year the accounts have to be submitted to the Registrar of societies.

10. Willfully providing false information or return or refusing or neglecting to send audited income and expenditure statement and information are offenses which can lead to fines or penalties.

11. It should be noted that name of our society should not be kept identical to any other society’s name according to the Society Registration Act.

CS Diwakar Agrawal

Mob: +91-9911746549