How to apply for Society Registration in India?

A group of different people working together for a literary, scientific or charitable purpose or for all the purposes mentioned under Section 20 of the Society Registration Act, 1860 and get Society Registration by subscribing their name to an MOA (Memorandum of Association) and filing the same with the registrar. It required a minimum of seven or more persons for the Society Registration in India who can be Indian citizen, foreigner, companies, or other registered societies.

Under Section 20 of Society Registration Act, 1860 below are the eligible categories for the Society Registration in India:

• Charitable Societies.
• Public museums and galleries of paintings, collections of natural history, inventions, instruments, and designs.
• Societies established for the diffusion of political education & useful knowledge, for the promotions of literature, science, or fine arts.
• Military orphan funds.

The main purpose of Society Registration in India?

Under Section 20 of Society Act, 1860, a registered society can be done for the following purposes:

• Promotion of literature.
• Promotion of fine arts and science.
• Opening of military orphan funds.
• Charitable Assistance.
• Maintenance or foundation of reading rooms or libraries.
• Foundation or maintenance of galleries or public museum.
• Collection of designs, inventions, and instruments.
• Collections of natural history.
• Diffusion of political education.
• Works of Art.
• Diffusion of useful knowledge.
• Galleries of paintings and public museum.
• Societies recognized at the General Presidencies of India.

What are the Features of Society Registration in India?

Following are the main features of Society Registration in India:

• There is minimum of seven or more members required for the Society Registration.
• In the case of societies registered outside India are interested in starting a society in India, then they have to subscribe to the Memorandum of society in India.
• In India, it’s not compulsory to register a society, but with the registered society, they get legal protection and become eligible for the benefits offered by the Government.

What are the benefits of Society Registration in India?

Following are some benefits of Society Registration in India:

• A registered society can sue or be sued.
• Each registered society procures legal status.
• Certified society can rightfully open its current account.
• Certified society gets legal identity before all authorities and forums.
• Members of the certified society are constitutionally bound to the same level.

What are the essential documents required for Society Registration in India?

Following are the list of all the essential documents required at the time of Society Registration in India:

• Submit the PAN Card of all the members of the society along with the application form.
• Submit a copy of Memorandum of Association (MOA) along with the original one.
• Submit the residential proof of all the members such as the latest electricity bill, gas bill, Aadhar card, bank statement, etc.
• Submit a copy of Rules and Regulation of society. The rules and regulations must contain the following information:

1. Details of the Auditor.
2. The frequency of the meetings and guidelines for the society meetings.
3. Details about the ways of dissolution of society.
4. Guidelines for the working conditions of the society and maintenance of the day to day activities.

The rules & regulations can be changed anytime, but a new set of rules and regulations must be signed by the Chairmen, Vice Presidents, Secretary, and President of the society.

• Submit a list of all the members of society.
• In case of any existing places such as mosque, temples, etc. documentary proof authenticating legal competence and control of applicant society over such sites should be filed.
• Affidavit by the Secretary or the President of the service.
• Submit a declaration by the President of the society stating his/her competency and willingness to hold the post of President.
• Submit house tax receipt, rent receipt of the registered office of a society or NOC of the society.
• Submit a covering letter signed by all the members of the society stating the purpose and functions of the society.

What is the process of Society Registration in India?

The State Government maintains the registration for society in India. The application for the Society Registration is created to the specified authority of the state, where the registered office is located. For Society Registration, all the members of the society must agree with the name of the society and then prepare for the MOA, followed by the rules and regulations of the society.

So, follow the below steps for the Society Registration in India:

Search the name: While searching the name of the society, it must be ensured that it should be according to the Society Act, 1860. The name should be unique and catchy; if the name of the society found similar or identical to already registered society, then it shall not be approved by the regulating authority.

Memorandum of Association (MoA): All the members must sign the MoA of the society and the Rules & Regulations of the society, witness by Gazetted Officer, CA, Oath Commissioner, Advocates etc. with their official stamping and complete address. Following are the necessary documents must be prepared and signed by all the members of society for the registration:

• Copy of MoA (Memorandum of Association) along with the certified copy.
• Copy of Rules and Regulations of the society with duly signed by all the members.
• Submit address proof of the registered office along with NOC issued by the owner of the property.
• Duly signed affidavit by President or Secretary of society declaring relationship among subscribers.

Issuance of Incorporation Certificate: Once the documents are submitted as mentioned above to the Registrar of Societies along with the prescribed fees in 2 copies, the registrar will sign the first copy as acknowledgement and return it while keeping the second copy for approval. After proper verification of all the documents, the registrar will issue an Incorporation Certificate.

What is the difference between Society and Section 8 Company?

Society

Section 8 Company

The business structure of a society is easy and simple.

The business structure of a Section 8 Company is complicated.

Name selection is not difficult.

The company's name should get approved from the Registrar of the Companies.

Meeting held as per the provisions of the Society Act, 1860.

Meeting has to be held as per the provisions of the Companies Act, 2013.

Very few offences and prescribed penalties.

Provisions under the Companies Act are more severe and more penalties.

Conclusion

Society registration in India is done as per the regulation of the Society Registration Act, 1860, and various guidelines are laid down for the operations of the society under the Act. A society is an organization of several persons who come together using a mutual agreement to purposefully govern and act as a group for some communal good. Society registration is done for the advancement of charitable activities such as music, literature, sports, religion, art, education, etc.

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