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Societies in India are registered as per the provisions of Societies Registration Act, 1860.

Before moving towards registration of society let us first know about

What is society?

A society is an association of individuals combined that unites together for some communal purpose i.e. for advancement of charitable activities. The Societies can be formed for different objects such as for the promotion of science,literature, or the fine arts for instruction, the diffusion of useful knowledge,the foundation or maintenance of libraries or

reading-rooms for general use among the members or open to the public orpublic museums and galleries of paintings and other works of art, collections ofnatural history, mechanical and philosophical inventions, instruments, or designs.

All about society and its registration

What are the types of societies?

The Societies can be classified on the basis of the objects they are formed. Some of the types of Societies are as follows:

  1. Charitable Societies:The societies formed with the objects, to give donations or to provide financially or otherwise aid educational, benevolent, spiritual, charitable institutions.
  2. Educational Society: This type of society are formedwith the objects that promote education in any particular area like to open and run, educational and vocational schoolsor institutions to bring education within the reach ofpoor & backward children, in the National Capital Territory of Delhi.
  3. Resident welfare association: It is a type of society that has objects for promoting the welfare of the residents of the colony for which it is formed.

What is the composition of governing body of society?

The society shall consist of seven or more person. The composition of governing body of society shall be as follows:

  1. One President
  2. One Vice-President.
  3. One General Secretary
  4. One Secretary
  5. One Treasurer
  6. Other members shall be executive member.
 

What is the procedure for registration of Society?

The societies in India are registered as per the provisions of Society Registration Act, 1860.

The step wise procedure for registration of society is as follows:

1. Firstly, the name of the society shall be selected. While selecting the name for the society you should keep in mind that the name of the society doesn’t match with the name of already existing registered society.

*Some Practical aspects

The time taken for approval of name is approx. 1 to 2 months as this is done through physical verification of officials unlike just a click check of name availability at MCA portal for the Company or LLP.

 

2. Once, you have decided the name of your propose society, you should start preparing your documents. The documents for the formation of society shall be:

  • A request letter from President of the society.
  • Memorandum of Association* of society which shall contain:
  • Name of the Society
  • Registered Office of the Society
  • Objects of the Society
  • Name, address, occupation and designation of the governing body
  • Name, address, occupation andsignature of the desirous person*
  • Rules and Regulations* of society which shall govern the internal management of the society as same as the Articles of Association for the Company.
  • An affidavit on Rs. 10/- (Rupees Ten) Non- Judicial stamp paper sworn by the President or Secretary of the Society stating that:
  • the Desirous Person are not related with each other by the way of blood or otherwise
  • the name of the society shall be changed if the name of the proposed found attracting the provision of Emblems Act of 1950 and / or identical and resembles closely to any other Society which is already registered under Societies Registration Act of 1860 in the N.C.T. of Delhi and other law of land applicable.
  • Address Proof of the registered office of the society i.e. Sale deed/ Lease Deed/ Utility Bill which shall not be older than 2 months along with No Objection Certificate (NOC)* from the owner of utility bill.

*Important Points to be kept in mind while preparing the documents

(i) Each and every page of Memorandum of Association and Rules and Regulations of the Society shall be signed by President, Secretary and Treasurer.

(ii) List of Desirous Person attached to MOA shall be notarized.

(iii) The last page of rules and regulation shall be signed by all the person of the governing body.

(iv) NOC shall be furnished on Rs. 10/- (Rupees Ten) Non- Judicial Stamp Paper.

3. Once, you are completed with your documents, the last step is to you have to go and submit the documents with the authority i.e. Sub-Divisional Magistrate for the registration of society.

*DO YOU KNOW?

Delhi government vide notification dated 26th March, 2010 has decentralized the registration of societies by placing it under the authority of the Sub-Divisional Magistrate of the area.

**SOME PRACTICAL ASPECTS

While submitting the documents with the authority, the same shall be in a Cobra File. On the face of the file, name of the society, registered address, the name and Mobile Number of Contact Person shall be written.

4. Afterwards, when you have filed the documents with the authority, a letter shall be circulated by the official there for the approval of the name to different SDM office. Once the NOC has been received, then your file shall be submitted to the Sub- Divisional Magistrate for their confirmation.

5. Lastly, when the file is signed by the Sub-Divisional Magistrate, the certificate shall be issued by them after a payment of fee of Rs. 50/- (Rupees Fifty Only) and your society is finally registered.

*SOME PRACTICAL ASPECTS

The time for registration of society depends mostly on your liaison skills.


 

Published by

Gaurav Keswani
(Practicing Company Secretary)
Category Corporate Law   Report

2 Likes   0 Shares   1329 Views

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