An Essential Guide to The Societies Registration Act, 1860: Understanding Its Purpose and Impact

INTRODUCTION

As the nation develops and grows each day, equal importance should be given to all regions in all genres. The best approach to the advancement and recognition of any field is to create groups and societies that understands the skills and talents of individuals to help them grow bigger, better and appreciated, and to do things beyond the standards and definitions of those around them.

In India, Registration of Society works on the doctrine of management and regulation of registration and other such aspects related to societies. Society registration is being done for various purposes including the promotion of development of science, art, and charity in some way.

WHAT IS A SOCIETY?

To begin with, let us understand what is a society. According to The Societies Registration Act, 1860, registered a “society” which has been accepted by various state governments with or without further amendment. Furthermore, the Act defines it as “an association of persons united by mutual consent to deliberate, determine and act jointly for some common purpose. Societies are usually formed for the promotion of charitable activities like education, religion, art and culture, music, and sports activities etc.”

WHY TO REGISTER A SOCIETY?

There are various benefits as to registration of a society like-

• Helps to attain legal status after being registered.
• Gets certified statutory status which further helps in legal implication of society’s wealth.
• The said registered society can open its current account by own name.
• A registered society can obtain registration and approval under the Income Tax Act.
• Entitles to income tax exemption under the Income Tax Act.
• Gives a separate legal entity after registration.
• Gets various legal rights like the Right to lease, rent, buy or sell property or borrow money and even to enter into legal contracts in it’s own name.
• A registered society can sue or be sued.
• A registered society is legally recognized in the eyes of all forums and government officials.
• The members of the society are not personally liable for any debts or obligations only unless a loan is obtained for activities undertaken to make a profit or certain activities which are illegal in nature.

WHAT IS THE OBJECTIVE OF REGISTRATION OF SOCIETY?

According to Section 20[1], the main purposes of the Registration of Society are as follows:-

• Charitable Societies for various vulnerable sections of society like National Socity for equal opportunities for the Handicapped, Nirmal Jyoti Educational and Charitable Society.
• Origin of Military Orphan Funds
• Establishment of societies at the several presidencies of India
• The promotion of science, literature or the Performing Fine Arts- NCERT (National Council of Educational Research and Training), Kala Kendras etc.
• Promotion of Diffusion and Instruction of useful knowledge
• The Political Education Diffusion
• The maintenance or foundation of reading rooms or libraries for open to the public or general use among the members
• Maintenance and collection of Natural History
• Knowledge
• Grants for charitable aid
• For any other reason approved by the government.

 

WHAT ARE THE DOCUMENTS REQUIRED TO REGISTER A SOCIETY IN INDIA?

• PAN card- All of the proposed society member have to submit PAN CARD along with the application.
• Residence Proof- For the valid Residence Proofs, all the society member have to submit-
• Aadhar Card
• Bank Statement
• Utility Bill
• Passport
• Driving License
• Memorandum of Association (MOA)- It should contain objective and function of the society for which it is being established, details information of the members constituting the society and it must contain the address of the registered office of the society.
• Society Rules and Regulations
• Covering Letter
• Address Proof- A copy of the address proof where the registered office of the society will be located from the landlord with a Non Objection Certificate (NOC), if any, is to be attached.
• List of the entire members
• Declaration – The President is willing and able to hold the said post of the proposed society if to be declared.

[1] Indian Societies Registration Act,1860.