The process of registration of a society is a voluntary procedure. It does not confer any special rights or privileges on society. All Societies are governed by the Societies Registration Act, 1860 which has been amended from time to time and the Rules made thereunder.
A Society can be registered under the Societies Registration Act, 1860 (Central Act XXI of 1860) or under the relevant State Act. The societies registered under the Societies Registration Act are required to get their accounts audited and file annual returns with the Registrar of Societies. They are also required to follow certain procedures for the transfer of immovable property by them.
Document required for society registration
The Society Registration Act of 1860 governs the registration of societies and non-governmental organizations.
- Request letter to register a society under the Societies Registration Act of 1860.
- At least seven members must sign each page of the memorandum of association, which includes a list of the proposed governing body and a list of Desire’s Persons (founding members of the group). The number of desirable individuals or the person subscribing to the names of the memoranda should not be less than seven. If the proposal is to give the organization an all-India character, the memorandum must include at least eight different people from various Indian states.
- Two sets of rules and regulations have been framed for the society’s operation.
- Affidavits (on ten rupee stamp paper) from the society’s President/Secretary regarding the name/title.
- All interested parties must provide a copy of their proof of residence.
- Proof of ownership of the society’s registered office and a certificate of no objection (on ten rupee stamp paper).
- A copy of the report of the General Meeting’s proceedings during which the Society’s registration
Purpose of Society Registration
The purpose of registering a Society is for creating awareness among people about the same cause or objective. It is also for raising funds for the development activities and to take legal actions against anyone who tries to disturb the goals and objectives of the Society.
While registration of societies is done under various state laws, registration under the Societies Registration Act, 1860 provides more powers to the entire body as compared to other state laws.
Benefits of Society Registration
- Regulations and Rules: The society registration provides a legal framework to the society and its members. It also helps in drafting the regulations and rules of society.
- Income Tax Exemption: The income of a registered society is exempted from tax under section 80G of the Income Tax Act. Members of the society can also get tax deductions on their donations made to it under section 80G (5) (vi).
- Financial Assistance: A registered cooperative society can avail financial assistance from various government agencies like NABARD, Khadi and Village Industries Commission, State Finance Corporation, SC/ST Finance and Development Corporation, etc.
- Audit: A registered society must have its accounts audited by a Chartered Accountant annually within six months of the end of its financial year.
Memorandum of Association for Society Registration
Registration of a Society is a must if it wants to get established as a body corporate, to be able to enter into any legal contract. The first step towards registering your society is preparing its Memorandum of Association. This memorandum contains the rules and regulations, objectives, and goals of the society. Below are some sample rules that could be included in the memorandum:
- Name of the Society
- Registered Office of the Society
- Objectives of the Organization
- Membership Rules
- Managing Committee Members and their details
- Powers of Committee or Managing Committee
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