Society Means

A society is an association of individuals combined that unites together for some communal purpose i.e. for advancement of charitable activities. The Societies can be formed for different objects such as for the promotion of science,literature, or the fine arts for instruction, the diffusion of useful knowledge,the foundation or maintenance of libraries or reading-rooms for general use among the members or open to the public or public museums and galleries of paintings and other works of art, collections of natural history, mechanical and philosophical inventions, instruments, or designs.

Societies Registration Act, 1960 and came into force on 6-6-1961, by replacing the earlier act and was enacted before evolving the method of bifurcation of power between Central and States (Entry 32 of List II of Seventh Schedule) to the Constitution. After enactment of Entry 32 of List II of Seventh Schedule, which provides that unincorporated literary, scientific, religious and other societies and association is a state subject, normally their should be a state laws to regulate the activities of promotion of literature, science, or the fine arts. If in any state, no such law is enacted, then the Central act should be applicable. The Act has been specifically repealed in many States and those States have their own Acts

What are the types of societies?

The Societies can be classified on the basis of the objects they are formed. Some of the types of Societies are as follows:

1. Charitable Societies:The societies formed with the objects, to give donations or to provide financially or otherwise aid educational, benevolent, spiritual, charitable institutions.

2.Educational Society: This type of society are formed with the objects that promote education in any particular area like to open and run, educational and vocational schools or institutions to bring education within the reach of poor & backward children, in the National Capital Territory of Delhi.

3. Resident welfare association: It is a type of society that has objects for promoting the welfare of the residents of the colony for which it is formed.

The society shall consist of seven or more person. The composition of governing body of society shall be as follows: One President One Vice-President. One General Secretary One Secretary One Treasurer Other members shall be executive member.

PROCEDURE FOR REGISTRATION

Any seven or more persons associated for any scientific, literary or charitable purposes can apply for Registration of a society. No limit of maximum number of members is prescribed in the act. For registering a society, following documents needs to be prepared and submitted to the Registrar:

a. Memorandum of Association(MOA): Major Contents are Name of the Society, Working Area, Address of Registered Office, Aims and Object of the Society, Name address, occupation of the Governing body members, desirous persons

b. Rules & Regulation: Major contents are Name of the Association, Admissions of members, Subscription, Cessation of Membership, Rights and privilege of members, Powers and functions of General Body members, Meetings, Election, Power and duties of Office bearers, Quorum of meeting etc. These documents needs to be certified by at least three members of the governing body and should be filled along with the MOA.

a. Proof of Identity & Address of Governing Body Members;

b. Address of the registered office and Consent;

c. NOC of the owner of the address of Registered Office Premises;

d. A fee of Rupees fifty is required to be paid. Name of the Society should not be identical with any existing society, registered under the Societies Registration Act, 1960. The name of the Society also should not be undesirable.

The societies in India are registered as per the provisions of Society Registration Act, 1860. The step wise procedure for registration of society is, Firstly, the name of the society shall be selected. While selecting the name for the society you should keep in mind that the name of the society doesn’t match with the name of already existing registered society.

MEMBERS

In relation to a Society registered under Societies Registration Act, a member is a person who is admitted according to the rules and regulations of society and who pays subscription, or signed the roll or list of members, and who has not resigned from membership. A member can be sued as stranger for arrears in subscription or if he destroys the property of society. Member guilty of offence of stealing, embezzlement or willful destruction of society property can be punished as stranger, i.e. not a member.

SOCIETY IS NOT A BODY CORPORATE

A society incorporated under the Act is not a body corporate. Following provisions of the act reflect the same:

i) As per the act, the assets of a registered society vests on the governing body of the society.

ii) Section 6 of the Act provides that suits by or against the society should be made in the name of the President, Chairman, Principle Secretary or the Governing body, as determined by the rules and regulations of the society, and in the absence of any clause in this regards in the Rules and Regulations in the name of such person as shall be appointed by the Governing Body.

iii) But, Section of 8 of the act makes it amply clear the though suit against society is to be instituted in the name of some persons, they are not personally liable, but the property of the society will be liable.

Important Note

Once, you have decided the name of your propose society, you should start preparing your documents. The documents for the formation of society shall be: A request letter from President of the society. Memorandum of Association* of society which shall contain: Name of the Society Registered Office of the Society Objects of the Society Name, address, occupation and designation of the governing body Name, address, occupation andsignature of the desirous person* Rules and Regulations* of society which shall govern the internal management of the society as same as the Articles of Association for the Company. An affidavit on Rs. 10/- (Rupees Ten) Non- Judicial stamp paper sworn by the President or Secretary of the Society stating that: the Desirous Person are not related with each other by the way of blood or otherwise the name of the society shall be changed if the name of the proposed found attracting the provision of Emblems Act of 1950 and / or identical and resembles closely to any other Society which is already registered under Societies Registration Act of 1860 in the N.C.T. of Delhi and other law of land applicable. Address Proof of the registered office of the society i.e. Sale deed/ Lease Deed/ Utility Bill which shall not be older than 2 months along with No Objection Certificate (NOC)* from the owner of utility bill.

(i) Each and every page of Memorandum of Association and Rules and Regulations of the Society shall be signed by President, Secretary and Treasurer.

(ii) List of Desirous Person attached to MOA shall be notarized.

(iii) The last page of rules and regulation shall be signed by all the person of the governing body.

(iv) NOC shall be furnished on Rs. 10/- (Rupees Ten) Non- Judicial Stamp Paper. 3. Once, you are completed with your documents, the last step is to you have to go and submit the documents with the authority i.e. Sub-Divisional Magistrate for the registration of society.

Conclusion

Purpose for formation of Societies under the Societies Registration Act, : It provides for formation of a Society for any literary, scientific, or charitable purpose, or for any such purpose as is described under Section 20 of the Act. The legal measures include: State’s power of inquiry and investigation; cancellation of registration and consequent dissolution of Societies; supersession of the Governing Body; appointment of administrator; dissolution; and deletion of defunct organisations. State legislation on this subject vary widely. Under Section 25 of the Karnataka Act and Section 32 of the Madhya Pradesh Act, the Registrar on his own motion, and on the application of the majority of the members of the Governing Body or of not less than one-third of the members of the Society, can hold or authorize an enquiry into the constitution, working and financial condition of the Society.