What is Society Registration?
An entity or group of people working together not for profits but for the welfare of the general public or a particular group of people or with an agenda of helping the community in some way, as per law, has an option of registering themselves as a SOCIETY registration to gain a legal status.
A non-commercial organization with seven or more persons coming together for any scientific, literary or charitable purposes or for purposes as mentioned in section 20 of The Society Registration Act, 1860, may get Society Registration under the act by subscribing their names to a Memorandum of Association, and filing the same with Registrar of Joint-stock Companies.
Section 20 mentions the following societies shall fall under this act and society registration may be under so:
- Charitable societies
- the military orphan funds or societies established at the several presidencies of India
- societies established for
- the promotion of science, literature, or the fine arts for instruction
- the diffusion of useful knowledge
- the diffusion of political education
- the foundation or maintenance of libraries or reading-rooms for general use among the members or open to the public
- public museums and galleries of
- paintings and other works of art
- collections of natural history
- mechanical and philosophical inventions
What is a Memorandum of Association?
As per Section 2 of The Society Registration Act, 1860, a Memorandum of Association shall contain the below mentioned:
- Name of the society
- Registered Office
- Area of Operation
- Aims and Objects of the Society
- Name, address and other details of the directors, council or other members of the governing body who shall be regulating the management of its affairs.
- Governing body
- Desirous persons
Along with the Memorandum of Association, a copy of the Rules and Regulations of the Society, certified to be a one by not less than three of the members of the governing body, shall be filed.
The rules shall mention details for Society Registration
- Constitution of the Society
- Membership and subscription
- Termination of the Members
- Details of the Office bearers
- Duties of the Office Bearers
- Source of Income of society and Bank Accounts
- Dissolution of the Society
- Provision of Legal Disputes
The list is not exhaustive and may include other details as per individual instance.
Amendment or Alteration of Object
As per Section 12 of the Act, Society registration at a later stage is enabled to alter, extend or abridge the purpose or purposes for which it was established, for any other purpose falling within the scope of this Act. It may even decide to amalgamate such society either wholly or partially with any other society. The procedure of Society Registration shall be governed by Section 12 of the Act.
- While deciding the name of the society registration, it must be ensured that it is not similar to the name of any other society registered or shall not contain any word of phrase which may be objected upon by the Government or a community or an individual or not be prohibited by The Emblems Act,1950.
- State Government looks after the Society Registration. Thus, the application for society registration has to be submitted to the prescribed authority of the state, where the registered office of society situates. The requisite fees are also decided by the state government.