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Society Registration

The piece of equipment of “society” evolved to complete the need of an organization of non-commercial character for the sustainability of repeated charitable activities like education, art, religion, culture-music, and sport, etc. Associations or societies are fashioned to help further these causes since they work on a non-profit base. The call for a legal entity is to own, possess and handle the finances and assets for the accomplishment of liberal or promotional objects, as laid behind by donors, is the result of these actions. Moreover, a society can be shaped to realize this end.

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Overview of Society Registration

A group of people working together to promote charitable activities like sports, music, culture, religion, art, education, etc. and when the group is registered under the Society Registration Act then it will be recognized legally as Society. Additionally, it brings uniformity in the way of working of Societies which helps in better governance too. It is mostly formed to carry out activities like scientific/charitable or literary works. The purpose of Society Registration can be underlined as it enables to give boost to legal conditions of Society. It also helps Society to get a legal status in India. In other words, it becomes a legal entity.

Purpose of Society Registration

Whenever we decide anything, the first thing which clicks in our mind is that what is the purpose for which we are doing the action. So here are some purposes of society registration which are defined under the Act: –

  • Promotion of fine arts.
  • Diffusion of political education.
  • Grant of Charitable Trust
  • Promotion of Science and Literature.
  • Creation of Military Orphan Funds.

Mainly the purposes are related to improvement or upliftment of the society. Hence the purposes defined are of inclusive nature many more legal social works can also be undertaken.

Benefits of Getting Society Registration

  • Legal status to the entity.
  • Society is eligible to open a bank account on its own name.
  • Legal recognition before forum and authorities.
  • Multiple benefits under Income Tax Act.
  • Eligibility to enter into a contact on its own name.
  • Gain capability to sue or sued.

Eligibility for Society Registration

Registered Societies are similar to a partnership firm. Moreover, these societies enjoy divergent merits than that of an unregistered organization. There must be a least of 7 members or more for creating community. Following members are allowed to enroll for Memorandum of society: Besides person, the following bodies are eligible to form an association by contributing to the Memorandum of a society:

  • Foreigners
  • Partnership firm
  • Limited company
  • Registered society
  • Minors not eligible
  • Foreign companies
  • Indian companies
  • Other registered society

Documents Required For Society Registration.

The following documents are required for Society Registration as follows:

  • PAN Card and one Residence Proof (Bank Statement, Aadhar Card, Utility Bill, Driving License, Passport) of minimum 7 persons.
  • Memorandum of Association.
  • Proof of Address of Registered Office and if the place is not owned then NOC of the owner with the Utility Bill is also required.
  • Declaration from president that he is willing to accept the said post of the proposed Society.
  • Rules & Regulations of society.
  • Any other document which the state government specifically demands as per their own requirements.

What are the Precautions while Keeping a Name of Society?

The precautions that one should keep in mind in finalizing the name of Society are as follows:

  • The name of Society should be as per the rules laid out by Society Act, 1860 which states if identical name is selected, the Authority will reject it.
  • The name should not be against State Government/ Government of India.
  • The name should abide by Emblem and Names Act, 1950.
  • No word or phrase must be included which goes against Government/Community.

Procedure of Society Registration

Generally, in the offline process the above documents have to be submitted with the registrar office with the appropriate fees in 2 copies. The registrar after getting the application will sign the first copy and return it while the other copy kept by them for acknowledging the genuineness of the society. Once the registrar is satisfied then an Incorporation Certificate will be issued with a registration number by them.

Electronically there are different websites for each state and the process began accordingly. Here the society registration process of Rajasthan is being described below: –

  • 1

    Login on the SSO page. In case of new user of SSO portal then get yourself register by providing your e-mail id in it.

  • 2

    Select society registration from the main menu.

  • 3

    Provide required details of members and attach the documents as regarding to the details of members and registered office of society.

  • 4

    After verifying all the above provided details save the application.

  • 5

    The applicant now requires to pay the registration fees and click on the submit button to forward the application to the registrar.
    Now the applicant can check the status on official website of society registration in Rajasthan by providing application number over it.

  • 6

    After the approval of registrar, the applicant is required to login again for downloading the By-laws and MOA of the Society.

After getting the Bye-laws and MOA a society can now work as a legal person.

Time Required in Society Registration.

After completing the incorporation requirements, it will take 12-15 days in getting approval and generation of registration certificate.

Legal compliances after getting society registration.

After getting registration the society have to comply with the below stated regularities:

  • Obtaining PAN Card of society.
  • Opening current account of society.
  • Income tax return to be filed every year.
  • AGM Resolution, accounts and members list to be filed with Registrar of Firms

FAQs Society Registration

A society can be formed by any 7 or more persons associated for any literary, scientific or charitable purpose, or for any such purpose as described under section 20 of Society Registration Act.

According to the act, the name of society must be unique and should not be similar to any other registered society. Hence if any of such case is found than opportunity to represent their cases is being given to the concern persons and after hearing the enquiry if the case is found interrupted the action to cancel the society registration on later date is initiated.

Yes, a society can be dissolved by: –

  1. Its members,
  2. The registrar,
  3. The court,
  4. Government

The rights of the society are described below;

  • Right to receive notices.
  • Right to vote.
  • Right to receive copies of bye laws.
  • Right to receive statement of accounts.
  • Right to attend general meetings.

For downloading the incorporation certificate, one should login its SSO ID and click on Society Registration. Now click over the action button in front of application id of the applied society. Here an option to download MOA, Bylaws and incorporation certificate is provided.

The below documents are required in the above case:

  • Utility Bill.
  • NOC of the owner.
  • Rent Agreement/Lease Agreement, whichever the case may be.

No, the members are not personally liable for any debt or liabilities of the society.

As society is a separate legal entity in front of forum and authorities after getting registered, so it has authority to sue anyone and can be sued as a legal person.

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