Society Registration: Online Procedure in India

Ashish M. Shaji

01 Jun, 2021

A society is an association of various individuals who come together in a mutual accord to deliberate, govern and act cooperatively for some communal purpose. Societies are registered for advancement of charitable works such as sports, music, art, education etc. In this article, we will discuss the Society Registration online process.

The Societies Registration Act provides certain procedures for the registration of society and for its operation. The Act was implemented for the purpose of augmenting the legal stipulations of registration. This Act has been accepted by several state governments with or without further amendments.

Purpose of Society Registration

As per Section 20 of Society Act, 1860, it has the following purposes:

• Promotion of fine arts;
• Diffusion of political education;
• Promotion of science and literature;
• Promotion or diffusion or instruction of knowledge;
• Grant of charitable assistance;
• Creation of military orphan funds;
• Maintenance/foundation of galleries or public museum;
• Maintenance/foundation of reading rooms or libraries;
• Collection of natural history;
• Collection of mechanical and philosophical inventions etc.

What are the benefits of Society Registration in India?

The following are its benefits:

• Status of legal entity;
• Fewer penalties;
• Gains recognition among forums and authorities;
• Separate legal entity;
• Enter contracts in the name of society.

Procedure for Registration of Society

A society can be formed by a minimum of 7 persons. Apart from people from India, companies, foreigners, and other registered societies can also register for the MOA of the society. A society may be unregistered or registered, but only the registered societies will be able to withstand consigned parties and have an ensemble filed against or by the society.

 It is worth mentioning here that the procedure requires the members to agree with the name of the society first and then prepare MOA and rule and regulations.

• Select a Name

The applicant should research to find a unique name for the society. Here make sure that the name is not deceptively similar to another incorporated society. If you select an existing name for the society, then the party should provide a written consent.

• Draft Memorandum of Association

Now the Memorandum of Association of the society should be drafted along with the rules and regulations. It should be signed by each member and witnessed by Gazetted Officer, CA, Oath Commissioner, Notary, Advocate etc.

The memorandum should contain the following clauses:

1. Name Clause;
2. Objective Clause;
3. Registered Office Clause;
4. Name, occupations and addresses of the executive body.

Rules and regulations should also be prepared for the society, which would contain the following:

1. Constitution of the Society;
2. Terms of the termination of the member;
3. Office bearer’s details;
4. Provisions regarding meetings and legal disputes;
5. Income source of the society;
6. Membership and subscription;
7. Dissolution of the society;
8. Election norms;
9. Audit compliance.

• Prepare required documents

Documentation is a critical process for any registration. Therefore ensure that all relevant documents are affixed as per the Society Registration Act 1860^[1].

• File documents

Once the documents are ready, submit it to the registrar, and if the registrar is satisfied that the information provided by you is valid, he will declare your society as registered. The status of the same can be checked at the official website of MCA.

Documents required for Society Registration

The following list of documents should be prepared along with your application:

• PAN card of all members;
• Residential Proof like Bank Statement, Aadhaar Card etc;
• Memorandum of Association;
• Articles of Association;
• A covering letter showing the purpose of the society proposed and duly signed by all members;
• Address proof of registered office affixed with a NOC;
• Identity proof of the members;
• Two copies of the by-laws of the society that specifies the responsibilities of the executive committee members. Further, it should also contain details about the qualification, eligibility, term and termination of members;
• Copy of the bank statement;
• The president of the society proposed must provide a declaration of his competency and willingness to hold the prescribed post of president. 

Non-compliance from a Society

In case where the newly formed society doesn’t comply with the mandatory provisions of the Society Registration Act 1860, it will bear hefty penalties as a consequence. Such non-compliances include the following:

• Not conducting general meetings and board meetings;
• Not maintaining accounts records;
• Not auditing books of accounts;
• Using the fund of the society for personal use;
• Not filing income tax return;
• Not intimating about any change in the governing body to the registrar.

Conclusion

Society Registration can be done for the advancement of charitable works such as sports, music, art, education etc. Ensure that you comply with all post compliances after the society is registered in order to avoid paying hefty penalties and fines.

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