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Society Registration in Punjab – Process and Eligibility

Navdisha Sehgal

| Updated: Mar 10, 2021 | Category: Societies Registration

Society Registration in Punjab

In the article, we will focus on the registration procedure and the eligibility criterion for Society Registration in Punjab. A society is a group of people aiming for a specific purpose resulting in non-profitable services. Under Section 20[1] of Registration Act, 1860, the societies that can be registered are:

  • Charitable societies;
  • The societies established or the Military orphan funds at the presidencies of India;
  • Societies established for the promotion of literature, fine arts or science
  • Foundation or maintenance of reading-rooms for general use among the members or open to the public or libraries or public museums and galleries of paintings and other works of art, collections of natural history, instruments, or designs, mechanical and philosophical inventions.

The Punjab Societies Registration Act, 1860, covers the provisions to regulate and gives legal recognition to Punjab societies. It lays the procedure for society registration and operation in Punjab.

Society registration in Punjab

A minimum of seven individuals is essential for Society Registration in Punjab. Apart from India, companies, foreigners, and other registered societies can also register as members under Society Registration in Punjab.

The Punjab Government standardizes society registration in Punjab. The applicant must create an application for society registration to the state authority, where the society office is located.

The members must agree with society’s name and then prepare the Memorandum, followed by Rules & Regulations of the society.

Selection of names for Society Registration in Punjab

The name of the society must not be similar or identical with any existing name. It is not allowed under the Society Registration Act, 1860[1]. The proposed society name shall not suggest any investment of the State or Central Government of India.

Constitution of Society

It consists of two parts:

  • Memorandum of Association
  • Rules & Regulation

Memorandum of Association

In includes several clauses:

  • Name clause
  • Registered office clause
  • Object clause
  • General clause

The object clause must be clear and concise for a better understanding.

Every member must sign the Memorandum of Association of the Society in the presence of Notary Public, Chartered Accountant, Oath Commissioner, Advocate, Gazetted Officer, Magistrate first-class or Chartered Accountant with their official stamping and complete address. The name and object of the society must be there in the Memorandum.

Rules & Regulation

This includes:

  • Membership clause
  • Subscription clause
  • Meeting clause
  • Auditor
  • Legal
  • Dissolution

The rules & regulations must be certified by three office-bearers; they can be the Chairman, President and Vice President.

The Quorum required for the meeting of managing committees is a minimum of 1/5th of the total. Similarly, 3/5th majority of members must be present during the dissolution of the society.

The following documents have to be submitted and signed for Society Registration in Punjab:

Documents have to be submitted and signed for Society Registration in Punjab
  • A Covering letter;
  • Memorandum of Association’s copy along with a certified copy;
  • A copy of Rules & Regulations of the society with a duplicate copy signed by the members
  •  of the society;
  • Proof of address of the registered office of the society as well as a The lanlord must issue the No Objection Certificate (NOC);
  • The secretary or the president of society must submit an affidavit declaring relationship among subscribers.

Procedure for Society registration in Punjab

Society Registration in Punjab is governed by the Punjab Society registration Act, 1960. The Society Registration is done by Assistant Registrar, whose jurisdiction the society comes in.

Steps for Society Registration in Punjab:

Step 1: The applicant needs to draft the application along with the required documents and the affidavit in the prescribed format.

Step 2: Prepare Memorandum of Association (MoA) and the By-Laws of society according to the provisions of the Act.

Step 3: Draft a Board Resolution, where all the members consents to form society and to approve the name of the society.

Step 4: Collect the address proof of the society members and its registered office address.

Step 5: Submit all the documents mentioned above in the Additional Registrar office, under whose jurisdiction society’s registered office is situated.

After the Memorandum and the certified copy are filed, the Additional Registrar shall hold society registered under the Act.

After the Memorandum and certified copy is filed along with the prescribed fees, the Registrar shall notify that the society is registered under this Act.

The Additional Registrar can grant registration within:

  • Ten days, where Registration of Societies at District level.
  • Fifteen days, where Registration of Societies at State level.

Required documents for Society Registration in Punjab

The following things are essential for society registration in Punjab:

  1. A list of all members with the signatures.
  2. PAN Card of the members has to be submitted.
  3. The Proof of Residence of the members has to be submitted. These includes:
  • Statement of Bank
  • Aadhar card
  • Utility bill
  • Driving license
  • Passport
  1. The following clauses and information must be there in the Memorandum of Association:
  • The objectives of society
  • The details of members
  • Registered office address
  1. of the Society
  2. The following clauses and information must be there in Rules & Regulations of the Society:
  • Govern the Rules & Regulations by which the working of the society and the maintain daily activities
  • Society membership’s rules.
  • Information
  • of Auditors
  • Forms of arbitration contained in the Memorandum

In case of any dispute,

  • The clause related to dissolution of society
  1. Must be there.
  2. The objective of the proposed society must be there in the covering letter and must be signed by all the founding members.
  3. Proof of address of the registered office of the society, where such office is located, and a NOC from the landlord (if applicable).
  4. A declaration by the president of the society to state he is willing and competent to hold the position.

Submit all the above documents to the Registrar with the prescribed fees in 2 copies. The Registrar will give the acknowledgement receipt. The Registrar will issue the Registration number after proper vetting of the documents and then will issue an Incorporation Certificate.

Conclusion

The Punjab Society Registration Act, 1860 lays down the procedure of society registration in Punjab. Thus, it is crucial to abide as per the provisions of the Act. It provides a framework for Society Registration in Punjab.

Read our article:What are Bye-Laws of Society Registration Act 1860?

A1860-21

Navdisha Sehgal

Completed BA LLB from JEMTEC, School of Law, Greater Noida (Affiliated to GGSIP University, New Delhi). I have an experience of about 2 years in various fields of corporate laws, but I have a keen interest in researching on legal issues and to gain knowledge. I always strive to bring the best to work on what I do.

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