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Society Registration Act 1860 – Rules & Regulations

Sonal Pruthi

| Updated: Feb 01, 2021 | Category: Societies Registration

Society Registration Act 1860

This article talks about Society Registration Act 1860 and its rules and regulations. The idea of creation of a Society was evolved to promote charitable objectives of the organization, like education, art, culture, music, and sports. The plan of society registration is simple, to encourage associations, clubs, societies, in order to fulfill objectives of an NGO. The Society Registration Act 1860 is the primary Act for the incorporation of societies.

A Society is formed by donors, where the need of legal entity is to possess the funds and assets for charitable or promotional objectives, as laid down by the donors. A society can be formed to achieve this end.

Society Registration Act 1860

The society registration act 1860 in India, lays down specific procedures, rules and regulations for the working of a Society. This Act was incorporated for creating legal obligations on the registered societies. The Society Registration Act 1860 has been part of various state governments with or without amendments.

Definition of Society according Society Registration Act 1860

Society has been defined as the company or association of persons formed for a common purpose. Here the organized group comes together to fulfill objectives like charitable activities.

Advanced Objectives for which Societies are registered:

  1. Relief of Poverty
  2. Education
  3. Advancement of religion
  4. Any other purposes which are beneficial to the Society

Objectives of Society Registration

The various objectives for which Society Registration Act 1860 as follows:

  1. Awareness of science and literature
  2. For the protection of orphan children
  3. Diffusion of political history

Types of Societies Registered under the Act

There are various types of societies which can be registered under section 20 of the Act:

  1. Charitable Societies
  2. Military Orphan Funds or organizations established at the several presidencies of India
  3. Societies registered for the promotion of science, literature, fine arts, instruction or diffusion of political knowledge
  4. A foundation or maintenance of libraries or reading rooms for general use among the members of public or open to public.
  5. Public museums or libraries and galleries of painting.
  6. Work of art, collection of history, mechanical & philosophical inventions, instruments, or designs.

Procedure for Registration of Society

The following procedure is followed for registration under the Society Registration Act, 1860:

  1. Members Required for the Incorporation

At least seven members are required who are associated with the field of literary, science, or charitable purpose, or for the purposes as described in Section 20 of the Society Registration Act 1860.

  1. Memorandum of Association

The members to the Society shall subscribe their names to the memorandum and filing the same to the Registrar.
The memorandum shall contain the name of the Society and objectives of the Society. All relevant information of the management must be included.

  1. Selection of Name

The name of the Society shall not include the following:-The name of the Society shall not be similar or identical with any other society which has been previously registered under the Act, where the Society uses any of the words namely, Union, State, Land Mortgage, Land development, Co-operative, Gandhi Reserve Bank, or any other term which are expressing or implying the sanction, approval or patronage of the Central, or any state government, or any which suggest the connection with the local authority, or any corporation body constituted by or under any law for the time being in force. The names are covered under the provisions of the Emblems & Names Act, 1860 will not be registered.

Documents required for the Registration

Documents required for Society Registration act 1860

The documents which are required under the Society Registration act 1860 for its incorporation:

  1. Complete list

A complete list of all members must be published.

  1. PAN Card[1]

PAN Card of all the members of the proposed Society has to be submitted along with the application.

  1. Proof of Residence

Residential proof of members must be submitted.

  1. MOA

A duplicate copy of Memorandum of Association (MOA) must be submitted. Describing the objectives, and the purpose of establishment, details of members forming the Society, it will contain the address of the registered office of the Society.

  1. Rules made by Society

All rules made by the society have to be present in the application process. It shall include the rules related to maintenance of day to day activities, regulations for maintain membership of the society, details about the meetings of the Society and the tenure.

  1. Cover Letter

A cover letter must be provided which is signed by all members.

  1. Address Proof

Address proof of the office along with the No-Objection Certificate of the Owner of the premises which is issued by the landlord.

  1. Affidavit of Secretary

An Affidavit of the secretary must be present.

  1. Minutes of the Society Meeting

Minutes Book of meetings must be maintained.

  1. Declaration

The declaration has to be made by the President that he willing and competent to work for the Society.

Conclusion

It can be concluded from the above procedure that the government have made stringent rules related to society registration. The Act requires no form of gaps to be present in society registration. There are rules and regulation for the governance from deciding name for a Society to the prohibitions where the Society will not be registered. The practice of forming a Society is encouraged for charitable purposes only.

Read our article:Step by Step Process for Society Registration

Sonal Pruthi

She is B.Com (H), LL.B LLM, Cs (Module 2) And Certification In Cyber Law From ILI Qualified. She has Been A Legal Teacher In The Previous Organization. My Strength Is My Expertise Knowledge In Civil Laws, Corporate Law And Tax Laws. I Have Been Legal Teacher And Legal Trainer In The Past Organization. Her Knowledge About The Subjects Have Expanded Due To Teaching Number Students From Various Universities All Over India.

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