In IndiaSocieties are governed& managed by the provisions of the Societies Registration Act 1860 which is a central Act, with each state accepting it with certain modifications. In this blog we will briefly discuss about the Charitable Society Registration – Process – Documents.
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What is Charitable Society?
A society is a group of several individuals combined to form an organization whose main objective is to serve society with a nonprofit motive. It is a mutual Contract to deliberate, govern and act cooperatively for some common purpose. Societies are generally registered for the growth of charitable activities like sports, music, culture, religion, art, education, etc.
What is Society Registration?
Registration of Society, under the Society Registration Act 1860, in India, set down certain procedures for the purpose of society registration & operations. The act was implemented for the purpose of increasing legal provisions of society registration for the advancement of literature, fine arts, science or distribution of awareness for generous purposes. The Act has been accepted by several state governments with or without further amendments.
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What is the purpose of Charitable Society Registration
According to Section 20 of Society Act, 1860, registration of Society can be done for the following purposes-
- Grant of charitable assistance
- Promotion of science and literature
- Creating Military Orphan Funds
- Encouragement of fine arts
- Spreading political education
- Foundation or Maintenance of-
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- Public museum or Galleries.
- Libraries or Reading rooms
- Collections of-
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- Natural history
- Mechanical and Philosophical inventions
- Designs or Instruments
What is the process for Society Registration in India?
A Society can be started with a minimum of 7 or more persons. Similar to the Partnership firms,Charitable society can also be either unregistered or registered. Registration of Society is maintained by state governments. Thus, the application for society registration shall be created to the specific authority of the state, where the registered office of society is situated.
- Selection of Name-
While choosing a name for society registration, it is important to understand that according to Society Act, 1860, similar name of a currently registered society shall not be allowed. Further, the proposed name shall not suggest for any promotion of state government or government of India or attract the provisions of Emblem & Names Act, 1950.
- Drafting of Memorandum of Association (MOA) & Rules & Regulations-
The MOA along with Rules & Regulations of the Society shall be signed by every establishing member, witnessed by Gazetted Officer.The MOA shall contain the Name & Object of the society. It also consists details of members of the society registration along with their names, addresses, designations, and occupations.
- Filing to the Registrar of Societies-
Filing of the duly executed MOA and the Rules and Regulations document along the other requisite documents with the prescribed fee to the Registrar of Societies or other concerned authority in the State responsible for Registration of Society.
- Approval from the Registrar-
After reviewing the application for registration of society, the Registrar can then approve the Society registration or request for additional details, if required.
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What are the documents required for Society Registration?
List of documents required for Society Registration-
- List of all members
- PAN Card
- Residence Proof (Bank statement / Aadhar Card / Utility Bill / Driving License)
- Memorandum of Association (MOA) of the Society
- Rules & Regulations of the society
- Covering Letter (mentioning Objective or the Purpose)
- Address Proof
- Self-declaration
Above mentioned documents have to be submitted to the Registrar of Societies along with the requisite fees in 2 copies. After receiving the application, the registrar will sign the 1st copy as acknowledgment and return it & will keep the 2nd copy for approval.
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What are the provisions for the Dissolution of the Charitable Societies?
The Societies Registration Act, 1860 provides for the dissolution of the societies and for that at least 3/5th of the society’s members shall agree towards the dissolution. After that all necessary steps shall be taken for the disposal and settlement of societies property, its claims and liabilities according to the rules& regulations of the society. However, after the dissolution, when all the debts and liabilities are settled, the funds and property of the society shall not be distributed among the members of the society, rather, the remaining funds and property must be given or transferred to some other society, preferably one with similar objects as the dissolved entity.
In case of any Query for Registration of Charitable Society, then contact Manthan Experts for immediate relief.
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Knowledge Source:
Incorporation of Section 8 Company