Society registration in India – An Overview
Society registration in India for the purpose of promotion of arts, charity, commerce, education, research, sports or other objectives is governed by the Societies Registration Act 1860. There are various types of societies that can be registered under this act like a Section 8 Company, Trust, etc.
Society registration in India is required to comply with the regulations and acts that apply to the particular type of society being registered. Society Registration is a legal formation of a group of people who have similar interests and aims in their lives. It is a voluntary association of individuals aiming for the same goal and a body corporate with perpetual succession. It is mandatory to register the society under the respective state law in order to make it legally valid. The procedure for registration of a society varies from state to state. The society may be registered under the Societies Registration Act, 1860 or under any other specific State Act.
As well as, people not only share their ideas but also share their responsibilities. They are always there with each other to help as well as to solve the problems created by them. These societies can be registered under two acts:
- Society Act 1860
- The Multi-State Cooperative Societies Act 2002
According to, The Societies Registration Act, 1860 describes the procedure to be adopted for the registration of societies in India. The law is applicable to all states except the state of Jammu & Kashmir. On the other hand, Under this law, a society can be registered as an autonomous body, if it fulfills the following conditions:
- There should be at least 7 members, who are desirous of forming a society.
- The society must have a written document called ‘Memorandum of Association’ (MOA), which acts as the constitution of the society.
- The MOA should contain information about the objectives and aims of a society, along with its rules and regulations.
- The MOA should also have a list of people who are responsible for managing the affairs of the society. These people are referred to as ‘Managing Committee’ members or ‘Council’ members in different societies.
Documents required for society registration:
- The date of submission should be known. The document which is submitted on the date of incorporation is known as a memorandum of association and the other document which is submitted after the incorporation of the society is known as articles of association.
- All the documents should be properly typed. Documents that are handwritten are not accepted by the registrar.
- The memorandum of association should be written in English, Hindi and regional language to check if all the documents are written in a similar way or not.
- The articles must be drafted in a tabular form. It has to fulfill all the requirements mentioned under section 6(2) and rule 5(2).
- The documents must be signed by at least seven members in case of a public society and five members for private society.
- A copy of PAN card and Aadhar card must be provided by all the members who have signed on these documents along with their address proof, passport size photographs and photos from each member’s mobile phone number, email id and mobile number along with their signatures on each page of all the documents submitted to the registrar office for verification purposes.
- Declaration by society president and covering letter for certificate of registration of societies
Rules and Regulations of the Society
- Every member should participate in the welfare activities organized by the society.
- Society has a right to take action against any member creating disturbance in the smooth functioning of the society.
- After that, Follow rules, regulations and by-laws of the society
- Provide guidelines for the upkeep and maintenance of the common areas
- Maintain friendly relations with residents and encourage them to follow the rules of the society
- Maintain discipline in the society premises
- And register complaints from residents and resolve them as soon as possible
- All members must abide by all rules, regulations and bye-laws of the society.
- Members will have to pay their monthly maintenance charges on or before 10th of every month without any reminder from the society office. (for example, See also: How to pay monthly maintenance charges of your society?). Members not paying their monthly maintenance charges within the due date will attract penalty charges as decided by the management committee from time to time.
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