Governing Body and Desirous persons of a Society

Others 1688 views 1 replies

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

Replies (1)
I'm giving plain explanation of your view 2,because 1st Part is clear that "Person[s] who desirous to form society[Obviosuly the person who signs the "Charter" ] shall be at first instance will be considered as member of Governing body[ie.Trustee],

2nd View, in general manner, to be interpreted like the member who would be part of governing body as named in MOA/Charter then it to be necessarily a signatory to MOA.

If you read carefully, the First view is a mandatory clause that no person other than signatory to MOA can be part of governing body( If there is no explicit info about governing body in charter) , but second is an exceptional clause ,that ,in case Charter says about who'll be governing body then ,the person named as governing body should also be signatory to MOA, so, in that way it's not detonating the First view also.

So, Include the Name of All person(s) desirous to form society in MOA and ensure they all are signatory to it also... & as per language it's only for first governing body ,until it's duly registered after that you can admit any other person as member by complying bye laws of society and society registration act!

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