The Society Registration Act, 1860 came up with the procedure to register Societies, which in turn enabled those entities to gain legal recognition. Thereafter several state governments adopted the Act with minor amendments and applied the same to the registration of Societies in their respective states. The article focuses on the procedure to get a Society registered in the state of Madhya Pradesh.
Man and Society are interrelated at various levels. Society is, in fact, a culmination of cultures, customs, and art forms that interest human beings. Society is a collective representation of a group of people who are associated together to achieve a common purpose. A Society cannot be formed without a man and a man, being a social animal cannot exist without depending on Society. Therefore, the life of human beings and Society are inseparable.
A group of people with common interests form a friendly association to further and promote their interests. Such associations are called Societies. The registration of such societies was brought about by the Society Registration Act, 1860. Getting these institutions registered under the Act, would undoubtedly promote arts, science, technology, and other non-profit activities.
Being one of the thickly populated states in India, with its varied and rich cultural heritage, makes it possible for several Societies to spring up seasonally in Madhya Pradesh. The Madhya Pradesh Society Registrikaran Adhiniyam, 1973 governs the procedures pertaining to the registration of Societies in Madhya Pradesh.
Objectives of Registration of Societies:
Like partnership firms, societies can be registered or can remain unregistered. No where in the Act, is it mentioned that the registration is mandatory. Yet, there are few objectives for a Society that aims to get registered:
- Registration of a Society promotes arts, culture, science, or any genre of interest the Society deals with
- Imparts knowledge and educates the members about the intention of the Society
- Maintenance of public properties like libraries, art galleries, museums, etc and render them accessible to the public
- Promotion and advancement of public well being
- Extending charitable aid.
Mandatory Documents to be Furnished:
In order to accomplish the registration of a Society, the following documents have to be submitted by the applicant:
- PAN (Permanent Account Number) card of all the members of the proposed Society
- Address proof of the members such as utility bills, a valid Indian passport, or a valid driving license
- Memorandum of Association (MoA) that throws light on the objectives, mission, and functions of the Society along with the details of the members and details pertaining to the registered office of the Society
- Rules and Regulations of the Society that maintains the daily activities of the Society, rules for inducting new members, frequency of the meetings to be held, and dispute resolution methods if any legal discrepancies should arise. It also mentions the procedure for dissolution of the Society
- A covering letter mentioning the purpose and objectives for which the Society is established should be attached along with the application. The letter has to be mandatorily signed by the members of the Society
- A copy of the address proof of the registered office. A No Objection Certificate (NOC), from the landlord of the premises, if the registered office is situated in a rental property
- List of the members along with their signatures
- Declaration of the President confirming the capacity to hold the post and the candidate’s assent to be the President of the Society.
Procedure for Registering a Society in Madhya Pradesh
1. Log in to the official website of the state of Madhya Pradesh
2. Choose Citizen Services in the top tab and select Applications under the same.
3. Choose Firms and Society in the list displayed.
4. The applicant that intends to register a Society must create a profile by clicking ‘Click here to Create New Login’
5. An elaborate study on the registration of Societies can be found here
6. By clicking on the ‘New User’ button, a form opens on the scree
7. Once the registration form opens, the applicant has to fill in the required details and click on the ‘Register’ button
8. Go to the Society Online Registration option
9. Follow the given instructions and click ‘Continue’
10. Select if the applicant belongs to a government agency/Society/ Departments
11. Upload the required Niyamavali/model by-laws documents to the portal and click ‘Continue’
12. The application form appears again and the applicant is required to fill in the details
13. Once the details are entered, click on the ‘Save’ button to retain the details
14. The next step is to pay for the registration of the society by selecting ‘Proceed to Pay for Registration Fee’
15. The applicant thereafter has to select ‘Firms and Societies’ from the list of departments
16. After filling in the required details the application must be submitted
17. Once the form is submitted, the applicant is directed to the banking website, where the applicant has to fill in the required details and pay the stipulated amount on the payment portal. The Challan Reference ID, Application ID, and Transaction ID are then generated
Payment for Registration
18. The applicant has to log in to the portal with the given credentials again
19. The applicant has to select ‘Unpaid Application’ under the ‘Track Application’ segment
20. The applicant has to select ‘Society Application’ and proceed to payment
21. After filling in the details and saving the document, the applicant is required to pay the fee for successful registration
The applicant can verify the status of the registration after 5 working days from the date of making the application.
Thus like any other state, the State of Madhya Pradesh follows a set of stringent rules to register a Society. Although a Society is a non-profit organisation, registering would give it legal recognition in a strict sense. Registered Societies are separate legal entities and are differentiable from their members. Registration allows the Societies to buy and sell property and to sue and be sued in their own legal capacities. Therefore, despite the fact that registration of Societies is not mandatory, getting it registered would unmistakably be the best decision.
- What Is the Society Registration Act
- Know Your Society Registration Act
- Cost of Registering a Society in India