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SOCIETY: MEANING AND REGISTRATION IN INDIA

Courtesy/By: Aarushi Ghai | 2020-12-29 19:07     Views : 301

A society is defined as a group consisting of several individuals who have come together in an association for a communal purpose. In general, societies are registered for the advancement and promotion of charitable activities like religion, art, culture, music, science, etc.

In India, the law governing society is the Society Registration Act. 

The Act lays down the steps and procedures for the registration and operation of society in India. The main purpose of introducing the said act was to give society legal recognition and being registered under law for the advancement of literature, science, arts, or creating awareness for the same. The act has been adopted by several states and some have also adopted it with a few amendments.

As per section 20 of the Society Registration Act, 1860, society registration can be done for the following:

  1. Promoting fine arts.
  2. Taking grant for charitable assistance
  3. Maintaining or establishing galleries or public Museum
  4. Maintaining or establishing libraries or reading rooms
  5. Promoting Science and literature
  6. Creating military orphan funds
  7. For the collection of natural history or designs, instruments, philosophical inventions, etc.

To create a society there is a requirement of a minimum of 7 individuals. This may also include companies, foreigners, or other registered society may also register for the Memorandum of Association for a society. Like Partnership Firms, societies also have an option to be registered under the law. Society doesn't need to be registered, however, it is preferred that the society is registered.

The registration of a society is maintained by the state government. Therefore, the application of the registration of society should be created for a specific authority of the state, where the registered office of the society is located. For registration of the society, all the members should decide on a name and prepare a memorandum of association along with the rules and regulations of the society.

The name which is decided for the society must be unique and not already registered under the Society Act. Further, it should not provoke any provision of the Emblem & Names Act, 1950. With respect to the Memorandum of association, this document must be signed by all the members who are part of that society, and all other required authorities like witnesses by gazette office, Advocate, oath commission, etc. The memorandum of the society should contain the name of the society and the objectives for which the society is being established in the first place. It should also contain the names and addresses of all the members along with their designation and occupation.

Certain documents are required for the registration of the society:

  1. PAN card of all the members
  2. Residence Proof for example Aadhaar card or bank statements.  
  3. Memorandum of Association with all the necessary details
  4. The rules and regulations of the society
  5. A list of all the members
  6. Declaration signed by the president of the society.
  7. Covering letter that mentions the objects of the society and signed by all members
  8. The address proof of the registered office of the society. (If it is rented then must be submitted with NOC from the landlord)

 

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.

Courtesy/By: Aarushi Ghai | 2020-12-29 19:07