Society Registration

The Societies Registration Act, 1860, provided for the registration of literary, scientific, and charitable societies. The object of this Act, as enunciated in its preamble, was to make provisions for improving the legal conditions of societies established for the promotion of literature, science or the fine art, or for the diffusion of useful knowledge, the diffusion of political, educational or for charitable purposes. The Act was a central legislation. Also, as per the societies registered in the respective states have to follow the law governing in that state. A society can be framed by 7 people who are kindred for any charitable, literary, or scientific impetus. A memorandum of the same is to be filled thereafter in which the name of the society, its aims, objectives, name, occupation, and addresses of the governing members of the society must be stated. This in turn should be approved by the other constituting members of the society. Remember while naming the society, that the society's name should not be connected to the Indian Government at all and the name of the society should be unique i.e. it should not be identical to the name of the society which has already been registered. Moreover, using the names of national leaders is strictly prohibited. As per Section 20 of Registration of Society Act, 1860, the following societies may be registered under this Act

• ● 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, or public museum and galleries of paintings and other works of arts, collection of natural history, mechanical and philosophical inventions, instruments or designs.

Constitution of Society

The constitution of any Society, Mandal, Religious, Sangh or Welfare Association etc. should be divided into two parts namely

1) Memorandum of Association - It includes the various Clauses as follows:

• ● Name Clause
• ● Object Clause
• ● General Body Member Clause

2) Rules & Regulation for preparing draft - It normally includes the following Clauses

• ● Membership Clause
• ● Subscription Clause
• ● Meeting Clause
• ● Committee/ Governing Body Clause
• ● Auditor
• ● Legal Procedure
• ● Duties of office bearers
• ● Job description of office bearers
• ● Election of procedure
• ● Source of income of society
• ● Dissolution

Our services for registration of Society

• ● Deed drafting
• ● Trust deed registration
• ● Follow-up for approval registration no.
• ● PAN number for society.

Documents required from Trust/NGO for 12A & 80G certificates.

• a) Covering Letter.
• b) A request letter to register the society under Society Registration Act 1860.
• c) Set of rules and regulations framed for the smooth running of the association.
• d) Affidavits, stamp paper from the secretary of the society concerning the name of the society..
• e) A copy of address proof of all the members.
• f) No-objection certificate on stamp sheet..
• g) Electricity bill in respect of the registered office of the society..
• h) Memorandum of Association & Rules & Regulations..
• ● A list of names stating the members of the governing body and the other constituting members.
• ● Certified Copy of Duly Passed Resolution for Registration of Society.
• ● Minutes of the Meeting.
• ● Declaration by the President of the Society.

Merit of Society registration

• ● Easy Formation
• ● Limited Liability
• ● Perpetual Existence
• ● Social Service
• ● Open Membership
• ● Tax Advantage
• ● Democratic Management
• ● State Assistance

Demerit of Society registration

• ● Lack of Secrecy
• ● Lack of Business Acumen
• ● Lack of Interest
• ● Corruption and illegal activities
• Lack of Mutual Interest

Society Registration Procedure in India

If you are scheduling for registering a NGO in the form of a “Society” you are initial required to follow following steps

• STEP 1: Choose name for your NGO/Society
• STEP 2: Form a governing body of the proposed Trust.
• STEP 3: Prepare the MOA and by-laws of the proposed Society including all the rules and regulations for the NGO registration and operation.
• STEP 4: Once everything is finalized the applicant is required to submit this MOA and rule and regulation document along with the registration forms to the “Registrar of Society” of state in which jurisdiction the registration is done.