REGISTRATION OF SOCIETIES IN INDIA
The registration of societies in India is governed mainly by the Societies Registration Act, 1860.
Overview and Salient features:
- Under the provisions of the Societies Registration Act. XXI of 1860, any seven or more persons associated for any literary, scientific, or charitable purpose, or for any such purpose as is described in Section 20 of this Act, i.e. Charitable Societies, the military orphan funds or societies established at the several presidencies of India, societies established for the promotion of science, literature, or the fine arts, for instruction, the diffusion of useful knowledge, [the diffusion of political education], 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 painting and other works of art, collections of natural history, mechanical and philosophical inventions, instruments or designs, by subscribing their names to a memorandum of association, and filling the same with the Registrar of Firms and Societies form themselves into a society under this Act.
- As per Section 3-A of the S.R. Act. XXI of 1860 (I) no society shall be registered under a name which is identical with, or too nearly resembles the name of, any other society or any body corporate which has been previously registered or incorporated under this Act or any other law for the time being in force, as the case may be.
- No society shall use in its nomenclature any of the words, namely: “Union”, State”, “Land Mortgage”, “Gandhi”, “Reserve Bank” or any word expressing or implying the sanction, approval or patronage of Central or any State Government or any word which suggests or is calculated to suggest connection with any local authority or any corporation or body constituted by the Government under any law for the time being in force except when the State Government signifies its consent to the use of such words as part of the name of a society by order in writing.
- A Society shall not contain any of the following words:- “Indian”, “National” as per India Government instructions issued.
- A Society shall not contain the name of the “National Figures” as per India Government instructions issued.
- Self-Help Groups are organization formed to help the group members within a specific group by lending money for starting a business / occupation / trade, therefore, these are business activities, hence they do not come under the preview of Societies Registration Act 1860.
- The societies whose aims and objectives appears to be confined to the welfare and interest of its own members only do not come under the purview of Societies Registration Act 1860. Such as Pensioners Association, Housing Societies etc.
Eligibility Criteria: (Section 20)
Members who wants to established Societies for the promotion of science, literature, or the fine arts, for instruction, the diffusion of useful of 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 work of art, collections of natural history, mechanical and philosophical inventions, instruments, or designs.
Fees: (Section 3)
Upon such memorandum and certified copy being filed, the Registrar shall certify under his hand that the society is registered under this Act. There shall be paid to the Registrar for every such registration a fee of fifty rupees, or such smaller fees as [the State Government] may from time to time, direct; and all fees so paid shall be accounted for to [the State Government].
Accompanying Documents required (Section 2)
- Affidavit regarding ownership and NOC for registered office of society.
- MOA signed by founding members, with a duplicate.
- Rules and Regulations, signed by founding members, with a duplicate.
- Name, Address and occupation of all member along with their signatures.
- Electricity/Water bill.
- Address proof of all members.
- Copy of property papers.
- Landlord NOC.
Application (Section 1)
Any seven or more persons associated for any literary, scientific or charitable purpose, or for any such purpose as is described in section 20 of this Act, may by subscribing their names to a memorandum of association and filing the same with the Registrar of Joint-stock Companies form themselves into a society under this Act.
REGISTRATION IN SIKKIM – The Sikkim Regulation of Societies, Associations and other Voluntary Organizations Act, 2008
Objective : to provide for legislation on the regulation of societies, associations and other
voluntary organizations.
Section 3 deals with the Registration of associations etc. –
All associations, organizations, clubs, societies of associations etc. and voluntary organization etc. intending to operate within the state of Sikkim shall make an application for registration of their organization in the manner as may be prescribed in the Act.
Documents required (Section 3):
- Memorandum of association containing;-
a. name of the organization,
b. its registered office;
c. aims and objectives;
d. name, address and occupation of the executive members, promoters, governing body, executive committee, managing committee to whom the management of its affairs is entrusted. - Article of Association containing rules and regulations.
- A resolution passed by the executive members/promoters/governing body/executive committee/managing committee or its equivalent.
- At least 50% of the members of the governing body/executive body should have Sikkim Subject Certificate or Certificate of Identification.
- No objection Certificate from concerned Panchayat/MLA.
- No Objection Certificate from the concerned department where the purpose and aim of the organization relates to other government department.
- Bank receipts of such amount as may be notified from time to time by the state government.
REGISTRATION IN UTTAR PRADESH – The Uttar Pradesh Societies Registration Rules,1976
- Supports the central Act of 1860.
- Rule 4 states that the rules and regulations of a society may provided for the following matters:
a. The conditions of eligibility for membership of the society.
b. The conditions under which the membership of the society shall cease.
c. The consequences of non-payment of the subscriptions, if any.
d. The resignation and expulsion from the membership of the society.
e. If the society is a trust, the appointment and removal of trustees and their powers and duties.
f. Provisions for annual general meeting and other meetings of the society, their time and place.
g. The manner in which advance notice of such meetings may be given.
h. The quorum necessary for the transaction of business at meetings may be given.
i. The manner of making, altering and rescinding of rules and regulations.
j. The investment of fund, keeping of accounts, preparation of balance sheet and for an annual or periodical audit thereof.
k. The procedure for the dissolution of the society.
l. Disposal of the property of the dissolved society.
m. Manner of framing of bye- laws, if any, and matters to be provided therein.
n. Such other matters as may be deemed expedient having regard to the nature and objects of the society. - Procedure of filing document.-
a. Every document required to be filed under the provisions of the Act or these rules shall be sent or delivered to the Registrar personally or shall be sent to him by registered post.
b. The documents referred to in sub- rule (1) shall be neatly typed, printed or cyclostyled on only one side of the paper, and every page thereof shall be initialed by the signatories to the document. Every cutting in the document shall be initiated by one of the signatories.
REGISTRATION IN RAJASTHAN – The Rajasthan Societies Registration Act, 1958
Section 2 provides for the Memorandum of Association
1. The memorandum of association shall contain the following things, that is to say:
a. the name of the society
b. the objects of the society;
c. the names, addresses and occupations of the governors, directors, trustees or members (by whatever name they are designated) of the council, committee or other governing body to which, by the rules and regulations of the society, the management of its affairs is entrusted.
2. A copy of the rules and regulations of the society, certified to be a correct copy by not less than three of the governors, directors, trustees or members of the governing body, shall be filed with the memorandum of association.
REGISTRATION IN HIMACHAL PRADESH – The Himachal Pradesh Societies Registration Act, 2006
Section 4 – Societies formed by memorandum of association and registration.-
Any seven or more persons, being member of different families and competent to contract under section 11 of the Indian Contract Act, 1872 (9 of 1872), associated for any literary, scientific or charitable purpose as described in sub-section (3) of section 1 of this Act, may, by subscribing their names to a memorandum of association, and filing the same with the Registrar, form themselves into a Society under this Act.
Section 5 – Requirements of memorandum of association.-
(1) The memorandum of association of every Society shall state-
(i) the name of the Society;
(ii) the objects of the Society;
(iii) the location of the head office of the Society;
(iv) the names, age, address and occupation of the Governors, Council, Directors or Governing body to whom by the regulation of the Society the management of its affairs is entrusted.
(3) A copy of the regulations of the Society, certified to be a correct copy by not less than three of the members of the Governing body, shall be filed with the memorandum of association.
(4) The persons by whom or on whose behalf such memorandum is admitted shall furnish such further information in regard to the Society as the Registrar may require.
REGISTRATION IN KARNATAKA – The Karnataka Societies Registration Act, 1960.
Section 3 – Societies to which the Act applies.-
The following societies may be registered under this Act,—
Societies established for,—
(a) the promotion of charity;
(b) the promotion of education, science, literature, or the fine arts;
(c) the promotion of sports
(d) the instruction and the diffusion of knowledge relating to commerce or industry or of any other useful knowledge;
(e) the diffusion of political education;
(f) the foundation or maintenance of libraries or reading rooms for general use among the members or open to the public, or of public museums and galleries of painting and other works of art;
(ff) the promotion of conservation and proper use of natural resources and scarce Infrastructural facilities like land, power, water, forest and such other resources and infrastructural facilities, as may be notified by the State Government from time to time.
(g) the collection of natural history, mechanical and philosophical inventions, instruments or designs; and which intend to apply their profits, if any, or other income in promoting their objects and prohibit the payment of any dividend or distribution of any income or profits among their members.
Section 4 – Conditions of registration.-
No society, other than a society of which the State Government is a member, which does not consist of at least seven persons above the age of eighteen years shall be registered under this Act.
Section 5 – Mode of forming societies.-
Any seven or more persons, above the age of eighteen years associated for any purpose specified in section 3 may, by subscribing their names to a memorandum of association and otherwise complying with the requirements of this Act and the rules made thereunder, in respect of registration, form themselves into a society under this Act.
Section 6 – Requirements with respect to memorandum.-
(1) The memorandum of association of every society shall state,—
(a) the name of the society;
(b) the objects of the society;
(c) the names, addresses and occupations of the members of the governing body to whom, by the rules of the society, the management of its affairs is entrusted;
(d) the place at which the registered office of the society is to be situate.
(2) There shall be registered with the memorandum of association, the rules and regulations of the society, which shall contain provisions relating to admission of members, general meetings, proceedings at such meetings including voting by members, the governing body and proceedings of meetings of the governing body: Provided that save as otherwise provided in this Act, no rule or regulation of a society shall exclude any member from being entitled to vote.
(3) The memorandum and rules and regulations of the society shall be printed or typewritten, be divided into paragraphs numbered consecutively and be signed by each subscriber to the memorandum of association (who shall add his address, description, age and occupation, if any) in the presence of at least one witness who shall attest the signature and shall likewise add his address, description and occupation.
REGISTRATION IN HARYANA – Haryana Registration and Regulation of Societies Act, 2012
Section 6 – Aims and objects. –
Any seven or more persons associated for any of the purposes mentioned hereunder, may, by subscribing their names to a Memorandum and filing the same with the District Registrar, form themselves into a Society.
The aims and objects, for which a Society may be formed are,-
- promotion of charity or any philanthropic activity;
- promotion of arts, education, science, literature, philosophy, religion, industries, skill development, fine arts, etc.;
- promotion of sports (excluding games of chance);
- promotion of folk arts;
- promotion of artefacts and handicrafts;
- instruction and diffusion of any useful knowledge;
- diffusion of political education;
- establishment or maintenance of libraries or reading rooms for general public use, or of public museums and galleries of painting and other works of art;
- promotion of conservation and proper use of natural resources such as land, water, forests and wildlife, and optimal use of infrastructure facilities like roads, power, eco-friendly initiatives and such other resources and infrastructure facilities, as may be notified by the Government, from time to time;
- formation of associations of flats or tenement or condominium or floor space owners pursuant to the requirements as laid down under the Haryana Apartment Ownership Act, 1983 (Act 10 of 1983) or a welfare organization formed for housing projects or a resident welfare organization for the operation, management and maintenance of facilities for the residents or civic amenities of any defined area;
- the collection of natural history, mechanical and philosophical inventions, instruments or designs etc.; and
- implementation and promotion of any Government sponsored schemes in the State.
REGISTRATION IN BIHAR – Bihar Societies Registration Rules, 2018
Part II contains the Rules for Application for Registration.
Application for Registration
Rule 3 – Application for registration of the Society. –
- An Application for registration of a Society under Section 3 shall necessarily be filed online in the software system so maintained by the IG of Registration. The IG Registration shall be competent to decide the proforma for Online Application.
- No application sent by post or handed over personally or through e-mail shall be entertained.
- It shall be compulsory to fill all the entries as given in the online proforma for all applications to be filed online.
Rule 4 – Any application to be filed Online must include a copy of the Memorandum of Association referred to in section 2 of the act, copy of Rules and Regulations of the Society, copy of the proceeding of the General Body Meeting passing the resolution for registration of the society and such other documents as may be stipulated by the IG, Registration in the Online Proforma.
Rule 5 – The memorandum of association of the society shall contains the following:-
a. The name of the society;
b. Place of its principal office;
c. Area of operation of the society;
d. Objects for which the society is established;
e. Names, addresses occupations and self attested photo of such members in which at least one female member included in governing, council and / or executive committee to whom by the Rules of the society, management and controlling works are entrusted; and;
f. Names, addresses, self attested photo and full signature of seven or more persons in which at least one female member must be included subscribing their names to memorandum of association and signature of the subscribers shall be duly witnessed and attested by any gazette officer of the State Government.
Rule 6 – For the purpose of the online registration of the society, the following fees shall be applicable:-
(a) For Society operating in Bihar & outside – Rs. 25,000/-
(b) For Society operating within Bihar – Rs. 15,000/-
(c) For any amendment in the Memorandum of Association or Rules & Regulation – Rs. 15,000/-
(d) For any certified copy of any documents – Rs. 500/-per Document
Provided that the State Government may, by notification published in the official gazette, may alter or exempt the above mentioned fees.
Rule 7 – The online application shall be deemed to have been filed on the date on which the payment is made by the applicant subject to the generation of the confirmation receipt of the payment by the online software.
REGISTRATION IN TELANGANA- The Telangana Societies Registration Act, 2001
Section 3 – Societies which may be registered under this Act.
(1) Any seven or more persons forming a society which has for its object the promotion of art, fine art, charity, crafts, religion, sports (excluding games of chance), literature, culture, science, political education, philosophy or diffusion of any knowledge or any public purpose may be registered under this Act.
Section 4 – Memorandum of Association of society and Byelaws to be filed with Registrar.
(1) For the purposes of registration of a society there shall be filed with the Registrar of the district in which the registered office of the society is to be situated,-
(a) a memorandum of association of the society which shall state,-
(i) the name of the society;
(ii) the aims and objects of the society;
(iii) the names, addresses and occupations of the members of the committee; and
(b) the bye-laws of the society.
(2) The memorandum of association shall be signed by at least seven members who are majors and who shall add their addresses, description and occupation, if any, in the presence of at least two witnesses who shall also be majors and who shall attest with their signatures and add their addresses, description and occupation, if any and the byelaws shall be signed by the signatories to the memorandum of association.
REGISTRATION IN MADHYA PRADESH – M.P. Society Registrikaran Adhiniyam, 1973
Section 5 – Societies formed by memorandum of Association and Registration –
Any seven or more persons associated, for any literary, scientific, educational, religious or charitable purpose, or for any such purpose as is described in Section 2 may be subscribing their names to a memorandum of association and filing the same with the Registrar, form themselves into a Society under this Act.
Section 6 – Requirements with respect to memorandum of association —
(1) The memorandum of association of every society shall state –
a. the name of the society;
b. the objects of the society;
c. the location of the head office of the society; the names, addresses, and occupations of the Governors, Council Directors Committee or other governing body to whom by the regulations of the society the management of its affairs is entrusted.
(3) A copy of the regulation of the society, certified to a correct copy of not less than three of the members of the governing body shall be filed with the memorandum of association.
(4) The persons by whom or on whose behalf such memorandum is submitted shall furnish such further information in regard to the society as the registrar may require.
REGISTRATION IN ANDHRA PRADESH – Andhra Pradesh Societies Registration Act , 2001.
Section 3 – Societies which may be registered under this Act
(1) Any seven or more persons forming a society which has for its object the promotion of art, fine art, charity, crafts, religion, sports (excluding games of chance) , literature, culture, science , political education, philosophy or diffusion of any knowledge or any public purpose may be registered under this Act.
(2) No society of which a firm, whether registered or not or an unincorporated association of individuals is a member shall be registered under this Act.
(4) (1) for the purposes of registration of a society there shall be filed with the Registrar of the district in which the registered office of the society is to be situated :-
(a) a memorandum of association of the society which shall state:-
(i) the name of the society;
(ii) the aims and objects of the society;
(iii) the names, and occupations of the members of the committee; and
(b) the bye-laws of the society
REGISTRATION IN MANIPUR – Manipur Societies Registration Rules, 2004
Section 5 – Application for registration under section 7:
An application for registration of a society shall be made to the Registrar of Societies, personally or by post. Such an application shall be accompanied by:
(a) two copies of the memorandum referred to in Section 5;
(b) two copies of regulations of the society duly certified to be true and correct by not less than 3 members of the Governing Body;
(c) one copy of the proceedings of the General Body meeting in which the following resolutions shall be taken;
(i) formation of the Society, name. office address;
(ii) election of the Governing Body members and office bearers ;
(iii) adoption of the memorandum and regulations;
(iv) registration of the Society under the Act;
(d) one copy of the proceedings of the Governing Body meeting in which the office bearers were elected from amongst the members of the Governing Body;
(e) one copy of the publication in newspapers inviting objection from the general public to the registration of the Society;
(f) any other documents required by the Registrar of Societies;
(g) all documents shall be authenticated by the Secretary or the President of the Society;
REGISTRATION IN TAMIL NADU – Tamil Nadu Societies Registration Act 1993
Section 3 – (1) Subject to the provisions of sub-section (2), any societies which society which has for its object the promotion of education, may be literature, science, religion, charity, social reform, art, registered, crafts, cottage industries, athletics, sports (including indoor games) recreation, public health, social service, cultural activities, the diffusion of useful knowledge or such other useful object with respect to which the State Legislature has power to make laws for the State, which may be prescribed, may be registered under this Act.
Section 6 – For the purpose of registration of a society, there shall be filed with the Registrar of the district in which the society is formed by a member of the committee of the society or by any person duly authorized by the committee in this behalf—
(1) a memorandum specifying—
(a) the name of the society ;
(b) the objects of the society ; and
(c) the names, addresses and occupations of the members of the committee ; and
(2) the by-laws of the society.
Section 7 – (1) The memorandum and the by-laws of the Memorandum society shall be printed or typewritten.
(2) The memorandum shall be signed by at least and signed by seven members who shall add their addresses and occupation in the presence of at least one witness who shall attest the signatures.
(3) The by-laws shall be signed by the signatories to the memorandum.
-Prakriti
5th Year B.A.LLB (Hons)
Dr. B. R. Ambedkar National Law University, Haryana