Governing Body and Desirous persons of a Society

Geetha Gupta (Accountant) (325 Points)

21 January 2020  

Dear all,

With respect to forming an NGO under Societies Registration Act, 1860, I am coming across two conflicting views. Can someone clarify Please

View 1 - Persons desirous of forming a society should also become members of the first governing body. An outsider cannot become member of the governing body in the first instance.

View 2 - At the time of filing the Memorandum of Association with the registrar of Societies it should be ensured that the name of the members given as the Governing Body in the Memorandum of Association should necessarily form part of the persons who have signed in the memorandum as the desirous persons to form the society.

As per view 1 it looks like all those who sign the MOA need to become members of Governing Body. Whereas view 2 implies that only the required number of persons form the governing body, out of those who have signed the memorandum.

Ques 1. Which is better for a national/international level society ? If we go by view 2, the governing body may not representation from all states or countries, whereas it is there in the list of Desirous Persons.  8 persons from 8 different states from India and 2 foreigners and some more persons are already in the society

Thanks in advance

Regards,

Geetha Gupta