A society can be registered by minimum seven individuals which may include foreigners, or registered

By on 13-11-2018

ALL YOU NEED TO KNOW ABOUT SOCIETY REGISTRATION IN INDIA

A society can be registered by minimum seven individuals which may include foreigners, or registered society for the promotion of literature, science or fine arts or diffusion of useful knowledge and political education or charitable purposes, as specified in Section 20 of the main Act as under:-

        (i) Grant of charitable assistance.

 (ii) Creation of military orphan funds.

(iii) Societies established at the several Presidencies of India.

(iv) Promotion of

• Science
• Literature
• Fine Arts
• Instructions or diffusion of useful knowledge
• Diffusion of political education
• Foundation or maintenance of libraries or reading rooms
• Public museum and galleries of paintings
• Works of art
• Collections of natural history
• Mechanical and philosophical investments
• Instruments
• Designs

Various States have added other objects like social welfare, sports & games, environment, compassion of living creatures, recreation, athletics, cultural activities, research work, welfare of physically handicapped etc.

Procedure for Registration:

The following documents are required to be filed with the Registrar of Societies for registration of a society under the main Act or corresponding Acts of various States Governments:-

1. Covering letter requesting for registration stating various documents annexed to it addressed to the registering authority and signed by all the subscribers to the Memorandum or by a person authorised by all of the them.
2. Memorandum of Association (in duplicate) containing (a) name of the Society; (b) the objects of the society; (c) the names, addresses and Occupation of the members of the governing body; (d) the place of registered Office of the Society, and (e) the names, addresses and full signatures of the Seven or more persons subscribing their names to the memorandum of Association. Their signatures should be witnessed.
3. Rules & Regulations/Bye-laws (in duplicate) duly signed by at least three Members of the governing body.
4. Affidavit on non-judicial stamp paper of requisite value by the President or Secretary of the society duly attested by Oath Commissioner or Notary Public Or Magistrate of first class.
5. Documentary proof such as rent receipt or property tax receipt in respect of The Registered office of the Society or no-objection of the owner of the Premises.
6. Registration fee in cash or by demand draft.
   Rules & Regulations

The Rules & Regulations help and guide the members and management of the society in carrying out its objects. They also bind members of the society. The Rules that are inconsistent with the provisions of the Act are inoperative although registered with the Registrar of Societies. The Rules & Regulations of a society may provide for–

1. the conditions of admissions of members
2. the liability of members for fines, forfeitures under certain circumstances
3. the consequence of non-payment of any subscription or fine registration
4. expulsion of members
5. the appointment and removal of trustees and their powers
6. the manner of appointing and removing the governing body
7. the manner in which the notice of meetings may be given
8. the quorum necessary for the transactions of business at meetings of the society
9. the manner of making, altering and rescinding regulations
10. the investment of funds, keeping of accounts and for annual or periodical
11. audit of account
12. the manner of dissolving the society
13. the determination upon the dissolution that the property be utilized by the
14. Government or others in particular manner,
    Working and Management of Society

As the society is a legal person having no physical existence, its governing body is its brain. Its activities are managed, executed and supervised by the governing body. It has to work within the objects of the society in accordance with the rules, regulations and bye-laws and to carry out the statutory duties under the main Act or the corresponding State Act. The governing body shall also be constituted in accordance with the rules and regulations of the society. The property of the society vests in the governing body and not in the members. The filing and defending the suits by the society shall continue in the original form and the changes in the governing body shall not affect.

There should be minimum three members of the governing body. Its members are either elected or nominated as per the rules and regulations of the society. The term of office of members is three years and members can enjoy two terms. However, the term, retirement, expulsion is governed by the rules and regulations of the society.

The members of the governing body are the trustees of the properties of the society. They have to look after and manage the properties of the society. Here, property means both movable and immovable property. The properties of the society vest in the trustees and when there is no trustee, in the governing body. A trustee is a man who is the owner of the property and deals with it as principal owner and master subject only to an equitable obligation to account to some person to whom he stands in relation of trust and who is cestric que trust.