Online Society Registration in West Bengal: Step by Step Process

Sonal Pruthi

06 Feb, 2021

The article talks about online society registration in West Bengal in a step by step process.  Societies in West Bengal are registered under the West Bengal Societies Registration Act, 1961 (West Bengal Act 26 of 1961). The rules governing the society registration are West Bengal Societies Registration Rules, 1963.

A society is the group of several of people who have come together with the common objective to deliberate, govern, and act cooperatively for some communal purposes. Societies are registered for charitable purposes such as-education, religion, art and literature, sports and music.

Legislations governing West Bengal Society Registration

As, we know, the procedure for society registration has been laid down under the guidelines of Societies Registration Act, 1860 and every state has their own law. West Bengal has its own Act: the West Bengal Societies Registration Act, 1961 (West Bengal Act 26 of 1961).

How society registration is effective?

The effect of society registration can be illustrated as follows:

1. The registration of society gives the legal status to the society.
2. It helps in obtaining the approvals for the Income Tax.
3. It helps in lawful vesting properties of the societies.
4. It gives recognition to the society at al forum and before all the authorities.
5. The society registration lays down various bonafide purposes.
6. When the society is registered, the society and its members are bound. It is as if, each member had signed the Memorandum.

Effect of non-registration of society

In the case a society is not registered, all the trustees in charge of the funds have no legal status, as the society has no legal status. It cannot sue or be sued in the given circumstances. A non-registered society exists in fact but not in law. The unregistered society cannot claim benefits under Income Tax Act.

Legislative and substantive Requirements of the West Bengal Society Registration

1. Minimum Members- For the West Bengal Societies Registration, minimum numbers of members required are seven.
2. Specific Objective/Objective Clause- The objects clause of the society must be mentioned. The objects clause must either be the promotion of the literature, art, science, religion, care for orphans, aged, sick, indigent persons, alleviation of the sufferings of animals, or the diffusion of knowledge, or the dissemination of social, or political or economic education, or the society for the establishment and maintenance of libraries.
3. Memorandum of Association- Includes the name and state of objects carried out.

Documents Required for the Registration

1. Affidavit- states the ownership and Non-objection Certificate for the registered office of the society
2. ID Proof- Aadhaar Card, Driving License, or PAN Card of all members.
3. Address Proof
4. Electricity Bill or Water Bill
5. Landlord Non-Objection Certificate (NOC)
6. TAN Number of society
7. Pan Card Details duly filled in the Form-60
8. Slip containing the market value and charge ability of stamp duty
9. There must be a competent person in case of transfer of property between ST and Non-ST.

Memorandum of Association contains/ Section 5 of the West Bengal Societies Registration Act, 1961

The Memorandum of Association (MOA) shall contain the following in the West Bengal Society Registration:

1. Names clause- Name of the association
2. Address clause- The address of the registered office of the association
3. Object Clause- The object of the association
4. The names of the first members of the governing body
5. It includes -names, address and occupation of the signatories to the Memorandum.
6. No change in Memorandum, after the registration of society except following society’s provisions.

Section 6 of the West Bengal Societies Registration Act, 1961

The regulations shall be in a memorandum for the West Bengal Registration of Society unless these regulations are not mentioned, the registration will not be allowed.

The following are the regulations which have to be incorporated:

1. Composition- It means the composition of the governing body, and the manner for registration and removal of members.
2. Removal and Resignation of members- How individuals can be removed the society.
3. Safe Custody of the society’s Property- The manner of keeping the property.
4. Procedure for holding meetings-It shall include the quorum of the meeting and other procedures involved in meeting.
5. Audit of Accounts- It includes the audit required.
6. Inspection of Accounts- The examination of accounts, and proceedings of meetings carried out by members of the society.

Online Procedure for the West Bengal Society Registration

1. Application– The applicant has to submit the Memorandum of association to the Registrar along with the copy of the Regulations, along with the copy of required documents, and application to the concerned Registrar.
2. Fess Submission– After applying, the requisite amount of Rs.150/- shall be paid along with the application. An acknowledgement receipt shall be provided with it.
3. After submitting the documents– The Registrar would verify the documents and seal the same.  After this the society is registered under the West Bengal Societies Registration Act, 1961.
4. Certificate of Registration- The Registrar would provide a certificate of registration.

Conclusion

It can be concluded that West Bengal Society Registration is governed under the West Bengal Societies Registration Act, 1961 (West Bengal Act 26 of 1961^[1]). The rules governing the society registration are West Bengal Societies Registration Rules, 1963.  The effect of society registration in West Bengal requires an additional document to be submitted along with the Memorandum.

Read our article:Society Registration Act 1860 – Rules & Regulations