Society under Societies Registration Act, 1860

INTRODUCTION

A society is established for the promotion of science, literature, or fine arts, etc., under the Indian Societies Registration Act, 1860. Societies are registered at both State and National level. Any seven or more members are required at State level and eight or more members, from different states, are required at National level.
Registration of societies is maintained by state governments. Thus, the application for society registration must be created to the specific authority of the state, where the registered office of the society is situated.
 
DEFINITION

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.

WHY INCORPORATE A SOCIETY?

  • Creation of military orphan funds
  • Promotion of science, literature or fine arts
  • Foundation or maintenance of libraries
  • Diffusion of political education
  • Foundation or maintenance of public museums and galleries of paintings
  • Collection of natural history
  • Mechanical and philosophical inventions, instruments or designs
  • Charitable purposes

PROCESS OF INCORPORATION OF SOCIETY

  1. Select suitable society name: A society name should comply with the society name availability guidelines under the Societies Act, 1860.
  2. Registered office: It is a principal place of business of the proposed society, from where it can control its operations.
  3. Documentation and filing: Documents, such as Memorandum of the Society and the Rules and Regulations of the Society, need to be drafted, signed by each of the founding members, witnessed by an Oath Commissioner, Notary Public, Gazetted Officer, Advocate, Chartered Accountant or Magistrate 1st Class, with their official stamp and complete address, and filed along with the fees applicable.
  4. Memorandum: Memorandum contains the name of the society, objects of the society, the name, addresses, and occupations of the governors, councils, directors, committee, or other governing body to whom, by the rules of the society, the management of the affairs is entrusted.
  5. Certificate of Incorporation: After scrutiny, the Registrar issues a Certificate of Incorporation.

TIME REQUIRED

Generally, it takes 30-45 days from the date of application to get the Certificate of Incorporation from the Registrar.

ADDITIONAL REQUIREMENTS

Following additional documents are required:

  • Self-attested copies of PAN cards of all the members of the proposed society
  • Copies of residence proofs of the members (bank statement/ aadhar card/ utility bill/ driving license/ passport); Utility bill not older than 2 months
  • A covering letter, mentioning the objectives of the proposed society, shall be signed by all founding members
  • A copy of minutes of the meeting of the founding members
  • List of all the members along with their signatures
  • A declaration by the president of the proposed society that he is willing and competent to hold the said post
  • Memorandum and rules and regulations of the society
  • A copy of registered address proof, along with NOC