Societies Registration Act, 1860

A society is a group of people who have agreed to work together to discuss, decide, and take action toward a shared goal. Typically, societies are established to further charity endeavors such as those in the fields of education, the arts, religion, culture, music, and sports. The Societies Registration Act, 1860 in India specifies the steps to be followed to register and run a society there.

Historical Background

The Societies Registration Act, 1860, which went into effect on May 21, 1860, was established by the British Indian Empire in an effort to support such activities and the official organization of organizations of like-minded people.

The Right to Information Act, which was passed by Parliament and is still in effect in post-independence India, mandates that the government provide any information on any society that an Indian citizen requests.

Objective of the Societies Registration Act

The objective is to improve the legal requirements for organizations to register in order to further literature, science, the fine arts, or the dissemination of practical information for philanthropic reasons.

Purpose

A society may be established for philanthropic, educational, or scientific reasons, or to further literature, science, or the beautiful arts. A society may be registered for the following reasons, Section 20 of the Societies Act, 1860 −

• Donation of a generous gift.

• Establishing funding for military orphans.

• Advancement of science

• The support of literature

• Fostering of fine arts

• Promotion, instruction, or dissemination of knowledge that is valuable.

• Political education dissemination.

• Construction or upkeep of reading rooms or libraries.

• Establishment or upkeep of public museums or art galleries.

A Society may be registered for purposes other than those listed above under the Societies Act, 1860 in accordance with the amendments made to the the Societies Act, 1860 by the relevant State Government.

Important Provisions under the Societies Registration Act

The provisions are −

Provisions	Content
Section 1	Societies formed by memorandum of association and registration
Section 3	Registration and fees
Section 9	Recovery of penalty accruing under bye-law
Section 12	Societies enabled to alter, extend or abridge their purposes
Section 17	Registration of societies formed before Act
Section 19	Inspection of documents, Certified copies.

Registration under the Societies Registration Act

Seven or more people are required to start a society. In addition to Indian citizens, foreigners, businesses, and other registered societies may subscribe to a society's memorandum. Societies can also be registered or unregistered, much like Partnership Firms. Only registered societies, however, have the ability to own vested property and/or launch a lawsuit on behalf of or against the society.

State governments are in charge of managing society’s registration. As a result, the application for society registration must be submitted to the relevant agency in the state where the society's registered office will be located. The founding members must first come to an agreement on the society's name and draft the Memorandum and Rules and Regulations of the society.

It's crucial to keep in mind that the Societies Act, 1860, prohibits using a name that is close to or identical to one already registered with the government. Additionally, the proposed name for the association must not imply favoritism of the Government of India or any state government or otherwise violate the 1950 Emblem and Names Act's restrictions.

Documents required for Registration

According to the Society Registration Act of 1860, the following documents must be submitted for incorporation −

• Complete list

• PAN Card

• Proof of Residence

• MOA

• Rules made by Society

• Cover Letter

• Address Proof

• Affidavit of Secretary

• Minutes of the Society Meeting

• Declaration

Conclusion

The aforementioned process indicates that the government has established strict regulations for society registration. The Act does not call for any kind of gap to exist in the registration of societies. From selecting a society's name to listing the limitations where the society will not be registered, there are laws and regulations for governance. It is recommended to only create a society for benevolent reasons.

Frequently asked Questions

Q1. How many members are needed to form a society?

Ans. As per the 'Societies Act, 1860,’ a society must have a minimum of seven members.

Q2. What are the bylaws of a society?

Ans. Prima facie, bylaws define the firm/organization’s internal rules and regulations. So, the society's bye-laws define and regulate the organization’s operations. However, the rights and responsibilities of members get defined by the Act, not the bye-laws themselves.

Q3.What are the fees for registering a society in India?

Ans. The actual fee for society registration in India is merely 50 Rs, excluding the cost of notarized paperwork and legal counsel.

Q4. Who are disqualified members as per Societies Registration Act, 1860?

Ans. As per section 15 of the Societies Registration Act, 1860, a member of a society will not be counted as a member or have a right to vote if arrears of such a member are pending for more than three months and are considered a disqualified member.

Q5. Under what provision of the societies registration act 1860 does the term “governing body” gets defined?

Ans. As per the Societies Registration Act’s section 16 that defines a governing body as the governing body is comprised of governors, councils, directors, committees, trustees, or any other member to whom the rules, regulations, and management of the society are entrusted.