It appears as if society registration is being done so as to encourage scientific, artistic, technological, and charitable advancements. Society registration in India regulates and manages society registration and other aspects. The main focus of this article is on the registration procedures for organizations in India. Let’s dive into it.
For a society to function harmoniously and achieve development, there must be a mutual understanding among all its members. To withhold and get the registration, an Indian society must follow some basic intricacies. Here lets check the procedure for society registration.
The Necessity of Society Registration
To advance the fine arts, science, literature, or knowledge-sharing for a good cause or with a purpose, a society registration is required. Certain types of societies may register, and this process is covered by Section 20 of the Society Act. The registration of a society can be done for charity purposes such as the upkeep of military orphans, orphanages, upkeep of public libraries, galleries, and museums, and political education.
Steps for Society Registration
The first major criterion for registration is the minimum number of people which has to be seven or it could be more than that. The Indian Societies Act makes it easy for even companies or foreign nationals to form a society. The State government and its appropriate authorities deal with the registration of the societies.
- Unique name: The Indian Societies act makes it mandatory to have a unique name for registering the societies. It is also important that the name of the society decided should be accepted by all the members of society.
- The society name has to be unique in all senses and in any way make an impression of any other society or if the name is already taken by any other society it makes the other society (prior registration holder) oppose the newer registration. The registration also cannot be done for names that are prohibited by any other statutory provisions.
- The next rules make it mandatory for societies to have a memorandum of association. This also has another condition of making it mandatory for the societies to frame rules and regulations for the societies. The societies with their memorandum, rules, and regulations have to be signed and attested by every registered member of the society witnessed by the oath commissioner, notary, and first-class magistrate.
- The application form has to be attached with the cover letter requesting the registration of the society, the duplicate of MOA, duplicate of rules and regulations, Address proof of the society, a few minutes of the meeting already held, an affidavit from the president and the secretary of the society, a No objection certificate (NOC). These are the required form that has to be attached to the application form.
- The documents that need to be attached to the society registration are the PAN card of all the members of the society, the residence of proof which includes an Aadhar card, utility bill, driving license, passport, and bank statement. The memorandum of association (MOA) has to include the work and mission of the society, the details of the members, and also the address of the society.
- The articles of association include the rules and regulation which also includes auditors’ details, dissolution process, arbitration form, rules for being members of the society, also ways of removing a membership, general body details, subscription details, and meeting details.
The required documents as mentioned above along with the properly filled form make it possible for a society to be registered. The registration also makes it easy for legal procedures to be taken against or for society. The registration once filed will usually take one month to complete.
Society’s Rules & Regulations
Additionally, Society’s Rules and Regulations, which will include the following details, must be prepared.
- Rules and regulations that will control how society operates and ensure that daily operations are maintained
- It will include the guidelines for joining society.
- Details regarding the society meetings, including how frequently they will be held, should also be mentioned.
- Specifics of the auditors
- Arbitration procedures for resolving conflicts between members of society
- Additionally, strategies for the breakdown of society will be discussed.
- Once the rules have been established, they can be modified, but the President, Chairman, Vice President, and Secretary of the Society must sign the modified regulations.
Declaration
The proposed society’s president must formally declare that he is qualified and willing to serve in such a capacity. The Registrar of Societies must receive all of the aforementioned paperwork in two copies together with the necessary fees. The registrar will sign the first copy of the application upon receipt and return it, keeping the second copy for approval. The registrar will issue an incorporation certificate by assigning a registration number to it after properly verifying the materials.
Conclusion:
Society registration is done in order to strengthen society’s legal framework. It also aids society in obtaining legal standing in India. In other words, it acquires legal status. Society registration contributes to the enhancement of national civic life. However, if you require the assistance of an expert for any registration procedure, you can always contact Vakilsearch. As far as legal services go, they are India’s leading provider.
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