What is the Purpose of Society Registration? – A Complete Overview

A group of different people working together for a literary, scientific or charitable purpose or for any other purpose of Society Registration as mentioned under Section 20 of the Society Registration Act, 1860^[1] 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. Scroll down to check more information regarding the process, benefits and the purpose of Society Registration in India.

Under Section 20 of Society Registration Act, 1860 below are the eligible categories for the registration of society 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.

Purpose of Society Registration in India

The registration of a society can be done to improve science, fine arts, or literature or for charitable purposes of political education. Under Section 20 of Society Act, 1860, following is the purpose of Society Registration in India:

• Promotion of Fine Arts.
• Distribution of Political Education.
• Grant of charitable assistance.
• Promotion of literature.
• Promotion of Science.
• Instruction/promotion/distribution of useful knowledge.
• Collections of history.
• Creation of military orphan funds.
• Collection of philosophical inventions and mechanical inventions, instruments, designs.
• Foundation and maintenance of public museum or galleries or libraries or reading rooms.

What are the Features of Society Registration in India?

Following are the main features of Society Registration in India:

• There is a minimum of seven or more members required for the registration of a society.
• If societies registered outside India are interested in starting a society in India, 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 Government’s benefits.

Benefits of Registering a Society in India

Following are some benefits of registered society 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.

Essential Documents required for Society Registration in India

Following are the vital documents required for the purpose of society registration in India:

• PAN Card: Submit a PAN Card of all the society’s members along with the application form.
• Address Proof: Submit the address proof of all the society’s members. The following can be used as valid address proof:
  • Bank Statement.
  • Aadhar Card.
  • Utility bill such as the latest electricity bill, water bill, telephone bill, etc.
  • Driving License.
  • Passport.
  • Voter’s Id.
• MOA or Memorandum of Association: For the registration, prepare an MOA or Memorandum of Association which will contain the following information and clauses:
  • The objective and work of the society for which it is established.
  • All the members’ details are forming society.
  • This document will contain the address of the registered office of the society.
• Covering Letter: Submit a covering letter that states the primary purpose or objective for which the society is established will be occupied to the commencement of the application. It will be duly signed by all the founding members of the society.
• Declaration Form: President of the proposed society must submit a declaration form in which they are willing and competent to hold the said post.
• Rules & Regulations of the Society: Rules and regulations must be prepared, which will include the following information:
  • Rules & Regulations by which the working of the society will be ruled and the maintenance of regular activities.
  • It will also contain the rules for taking society’s membership.
  • Details regarding the society’s meeting and the frequency with which they are going to be held.
  • Information about the Auditors.
  • In case of any argument between society’s members, mentioned Forms of Arbitration.
  • Different ways for the closure of the society will also be mentioned.
• Address Proof of the Registered Office: Submit a copy of address proof where the registered office will be situated and a No Objection Certificate from the landlord if any has to be attached.
• List of all Members: Submit a detailed list of all the governing body members which has to be given along with their signatures.

Note: All the essential documents as we mentioned above must have to be submitted to the Registrar of Society with the mandatory fees in two copies. Once the Registrar receives the application, they will sign the first copy of acknowledgement, return it, and keep the second copy. The signed Memorandum of Association and Rules & regulations must be filed with the respective society or Registrar of society and a specific fee. If the Registrar is satisfied with the Society Registration application, they will issue a certificate that certifies the society is registered under the Act. Therefore, for the purpose of Society Registration, proper documentation plays a significant role.

Steps for Registering a Society in India

The State Government maintains the registration for society in India. The Society Registration application is created to the specified authority of the state, where the registered office is located. For the registration, all the society members 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 purpose of 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, 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. To fulfil the purpose of society registration you must follow all the steps as we mentioned above.

Conclusion

In a nutshell, a society is an organization of several persons who use a mutual agreement to purposefully govern and act as a group for some communal good. Further, it is done for the advancement of charitable activities such as music, literature, sports, religion, art, education, etc.

Moreover, for the purpose of society registration in India, one needs to compulsorily comply with the provisions of the Society Registration Act 1860, together with the guidelines given for the same.

Lastly, in case of any doubt and confusion, reach out to Swarit Advisors.

Also, Read: What are the Dissimilarities between Trust, Section 8 Company & Society?