In a country as diverse and populous as India, societies play a pivotal role in addressing various social, cultural, and economic needs. Societies, whether for charitable purposes, cultural activities, or community welfare, serve as the cornerstone of social development. The process of registering a society in India is governed by specific laws and procedures, ensuring transparency, accountability, and legal recognition. Societies are one kind of NGO that is a non government organization. In order to register a society one must fulfill the eligibility of society registration. Without fulfilling the eligibility of society registration one cannot register a lawful society in India. Here in the present writeup we will discuss all about the eligibility criteria of the society registration. If you are thinking about registering a society in India you must go through the current blog or write up.
Overview of Society Registration in India
Before reading about the eligibility of society registration one must be fully aware about the society itself. Society registration in India falls under the purview of the Societies Registration Act, 1860. This act aims to facilitate the formation of societies for various charitable, religious, literary, scientific, or social purposes. Registering under this act not only confers legal recognition but also enables societies to operate legitimately and access certain benefits like tax
exemptions and governmental aids.
Eligibility of Society Registration in India
Some of the key requirements or we can say eligibility of society registration are given below, in order to register a society in India one must fulfill the following:
Minimum Members
A society must have a minimum of seven individuals to form a governing body or managing committee. These members should come together with a common objective and purpose
outlined in a memorandum of association of the societies. Without having minimum members one cannot register society under the Societies Act of 1860. Hence the very first thing one must check in order to register a society is the minimum number of members.
Memorandum of Association
This document acts as the foundation of the society and contains essential details such as the society’s name, objectives, registered office address, governing body details, and rules
and regulations with respect to the oppression as well as management of the society. This is one of the most important documents of the society hence must be prepared with the help of the expert who has experience in the similar field.
Rules and Regulations
Every society is required to draft its own set of different rules and regulations governing its operations. These rules should be in consonance with the objectives outlined in the memorandum of Association. These rules and regulations must be drafted carefully because they are going to govern the oppression of the societies. It is always suggested they must be drafted with the help of an expert, just the MOA.
Governing Body/Managing Committee
A society must appoint office bearers or a governing body responsible for managing its affairs. This body typically includes a president, vice-president, secretary, treasurer, and other members, as defined in the society’s rules and regulations. Without having a proper governing body a society cannot function hence it is also one of the key eligibility of society registration in India.
How to Register a Society in India?
In order to register a society in India one must follow the following steps:
Choosing a Name
The first step involves selecting a unique and appropriate name for the society. The name should not resemble the name of any existing society or violate any trademark or copyright laws. One must decide the name of the society carefully because it may be a ground for the rejection of your application for society registration.
Drafting of Documents
Drafting a clear and concise memorandum of association, rules, regulations and by laws that align with the society’s objectives and management and comply with the Societies Registration Act is crucial. Hence one who wants to register a society must draft all these mentioned documents before submitting the application for registration before the registrar. These documents come under one of the eligibility of society registration, hence must be prepared carefully.
Application Submission
Once the documents are prepared, the next step is to submit the application for registration to the Registrar of Societies in the respective state. The application of the registration of society must include the MOA, that is, memorandum of association, rules and regulations, and other required documents like identity proof of the members, address proof of the members, registered business address proof etc.
Scrutiny and Approval
The Registrar of Societies scrutinizes the application to ensure compliance with the act. If satisfied, the registrar approves the registration and issues a Certificate of Registration, signifying the society’s legal existence. This stage is one of the crucial steps of the registration of the societies. Because here it will be decided whether your society is going to register or not.
Documents Required for the Society Registration
Some of the key requirement of the society registration are:
- Fill out the prescribed application form for society registration.
- Attach a cover letter specifying the purpose and necessity of forming the society.
- Provide a MOA that outlines the society’s objectives, functioning, and governing structure.
- Draft the rules and regulations governing the internal management and operations of the society.
- Submit address proof for the registered office, such as a utility bill or rental agreement.
- Furnish identity proof (Aadhar card, passport, voter ID, etc.) for all members and office bearers.
- Obtain a NOC from the property owner for using the premises as the registered office.
- Include a signed declaration by all members affirming their willingness to become part of the society.
- Attach the minutes of the first meeting specifying the approval of MOA, rules, and the appointment of office bearers.
- Provide an authority letter empowering one of the members to act on behalf of the society during the registration process.
- Submit affidavits affirming the non-existence of any criminal record or involvement in anti-social activities by the members.
- Attach passport-sized photographs of all members and office bearers.
- Provide a copy of the PAN card for identification and financial transactions.
- If applicable, furnish proof of past or proposed welfare activities to establish the society’s credibility.
Conclusion
Society registration in India is a crucial step for organizations aiming to contribute positively to society. By adhering to the Societies Registration Act and following the eligibility of society registration, societies can establish themselves legally, access benefits, and effectively pursue their objectives. It’s imperative for aspiring societies to comprehend the requirements and process involved in registration to ensure a smooth and lawful establishment, thereby fostering a more vibrant and responsive civil society in India. In order to complete the registration process hassle free one must check the eligibility of society registration even before starting the registration process. This will help you out to complete the registration process smoothly.
