A society is a combination of several individuals and united using a mutual consent to deliberate, govern and act co-operatively for some social purpose. Societies are usually registered for the advancement of charitable activities like sport, music, cultural, religion, art, education etc.
Whereas it is expedient the provision should be made for improving the legal condition or societies established for the promotion of literature, science or the fine arts or for the diffusion of useful knowledge, the diffusion of political education or for charitable purposes.
The Societies Registration Act of 1860 is an all India Act but many States while applying the Act to themselves have enacted their own Societies Registration Act. Hence, a Society can be registered either under the central Act or the respective State Act.
A society can be registered by minimum of seven individuals which may include foreigners or registered society for the promotion of literature, science or fine arts or diffusion of useful knowledge and political education or charitable purposes, as specified in Section 20 of the main Act as under:
PAN detail of every members of proposed Society has to be submitted with the application
Residence proof of every member of should be submitted along with the application. Driving license, Aadhar card, Bank statement, utility bill, passport any of them will work as residence proof.
MOA has to be prepared which will contain clauses of society like,
Name clause, object clause (the purpose of society), registered office clause (where registered office of society is situated), and details of the member of proposed society.
AOA has to be prepared which will contain the applicable rule and regulation on proposed society. It also contains the detail about the meetings of the society, information about the auditor, ways for the dissolution of the society and other related rule and regulation.
A covering letter mentioning the objective or the purpose for which the society is being formed will be annexed to the beginning of the application. It will be signed by all the founding members of the society.
A registered office of proposed society along with the valid proof like NOC, utility bill etc must be submitted along with the application.
A declaration has to be given by the president of the proposed society that he is willing and competent to hold the said post.
All the above documents have to be submitted to the Registrar of Societies along with the requisite fees in 2 copies. On receiving the application, the registrar will sign the first copy as acknowledgment and return it while keeping the second copy for approval. On proper vetting of the documents, the registrar will issue an Incorporation Certificate by allotting a registration number to it.
The signed Rules & Regulations, as well as Memorandum, has to be filed with concerned society or registrar of state with a mentioned fee. If the registrar is fulfilled with the application for society registration, then they will certify that the society is registered.
As the society is a legal person having no physical existence, its governing body is its brain. Its activities are managed, executed and supervised by the governing body. It has to work within the objects of the society in accordance with the rules, regulations and bye-laws and to carry out the statutory duties under the main Act or the corresponding State Act. The governing body shall also be constituted in accordance with the rules and regulations of the society. The property of the society vests in the governing body and not in the members. The filing and defending of the suits by the society shall continue in the original form and the changes in the governing body shall not affect. There should be minimum three members of the governing body. Its members are either elected or nominated as per the rules and regulations of the society. The term of office of members is three years and members can enjoy two terms. However, the term, retirement and expulsion are governed by the rules and regulations of the society. The members of the governing body are the trustees of the properties of the society. They have to look after and manage the properties of the society. Here, property means both movable and immovable property. The properties of the society vest in the trustees and when there is no trustee, in the governing body. A trustee is a man who is the owner of the property and deals with it as principal owner and master subject only to an equitable obligation to account to some person to whom he stands in relation of trust.
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