Society Registration in Rajasthan

WHAT IS SOCIETY?

In common words society means a group of people which runs any business for the benefits of its members. As according to the societies act, “society” means-

1. A society that is incorporated, amalgamated, continued or converted under this Act, or
2. A pre-existing society;

Purposes of societies

As according to law, a society may be formed under this Act for one or more lawful purposes, including, without limitation, agricultural, artistic, benevolent, charitable, educational, environmental, etc.

A society must not have, as one of its purposes, the carrying on of a business for profit or gain, but carrying on a business to advance or support the purposes of a society is not prohibited by this subsection.

NOTE: The registrar may, in writing and giving reasons, order a society to alter its purposes if the registrar considers one or more of those purposes to be contrary to this Act or otherwise unlawful.

Characteristics of societies

1. Societies are formed for a lawful purpose only.
2. A society must not have its capital divided into shares.
3. A member of a society is not liable for a debt or other liability of the society.
4. A society has the capacity, rights, powers and privileges of an individual of full capacity.
5. A society must not carry on any activity or exercise any power that the society is restricted by its bylaws from carrying on or exercising or that is contrary to its purposes.

INCORPORATION OF A SOCIETY

One or more persons may incorporate a society by filing with the registrar an incorporation application in section 13 that,

1. sets out the name reserved for the society and the reservation number given for that name,
2. contains
   • A constitution;
   • Bylaws;
   • A statement of directors and registered office,
   • Sets out the full name and contact information of each of the applicants for incorporation

After incorporation of society, the registrar must issue

1. a certificate of incorporation which has the record of:
   • the name and incorporation number of the society, and
   • the date and time of the incorporation

2. A certified copy of the following records contained in the incorporation application filed with the registrar under section 13:
   • The constitution of the society;
   • The bylaws of the society;
   • The statement of directors and registered office of the society;
   • The portion of the incorporation application that sets out the full names and contact information of the applicants for incorporation, and also publish notice of the society’s incorporation

ALTERATION OF CONSTITUTION AND BYLAWS OF SOCIETIES:

Every society has two main pilers according to which it is directed and continued. These are

1. Its Constitution and
2. Bylaws

ALTERATION OF CONSTITUTION-
A society may, by filing with the registrar a constitution alteration application, alter its constitution to

1. Change its name, or
2. Alter its purposes.

NOTE: A society must not submit a constitution alteration application to the registrar for filing unless

• • the alteration proposed by the application has been authorized by special resolution, and
  • In the case of a change of the society’s name, the new name is reserved under section 9[name].

After a society alters its constitution under this section, the registrar must

1. Furnish to the society a certified copy of the altered constitution, and
2. if the alteration changes the name of the society, then must
   • issue a certificate of change of name that sets out the
   • particulars of the change of name,
   • furnish to the society the certificate of change of name;
   • publish notice of the change of name

Effect of change in name

An alteration proposed in a constitution alteration application takes effect when the constitution alteration application is filed with the registrar.

A change of the name of a society does not affect any of its rights or obligations, or render defective any legal proceedings by or against it, and any legal proceedings that may have been continued or commenced by or against the society under its former name may be continued or commenced by or against it under its new name.

ALTERATIONS TO BYLAWS

A society may alter its bylaws by filing with the registrar a bylaw alteration application but the society cannot not file it unless or until the alteration proposed by the application has been authorized by special resolution.

Effects of change to bylaws

An alteration proposed in a bylaw alteration application takes effect when the bylaw alteration application is filed with the registrar.

After a society alters its bylaws under this section, the registrar must furnish to the society a certified copy of the altered bylaws.

IMPORTANCE OF SOCIETY ACT

Under the society act 1860, registration of societies is to be focused that benefits them in several ways:

1. It provides the society a legal status.
2. It helps the society in lawfully vesting of society’s properties.
3. Registration of society is made essential for opening a bank account on the name of the society.
4. With the help of this every society gets recognition at all forums and in fro
5. nt of all the authorities.
6. A society obtain registration and approvals under income tax act only after getting registered itself under society act.