Like Trust and Section 8 Company, Society is also a legal form that NGO generally takes. A society is an association of several individuals combined for the promotion of a common cause without any monetary gain. Such form of organization is governed by the Societies Registration Act, 1860. Societies are usually registered for the advancement of charitable activities like sports, music, culture, religion, art, education, etc.
» PURPOSE FOR CREATION OF SOCIETY:
According to section 20 of Society Act, 1860, a society registration can be done for following purposes:
|Grant of Charitable Assistance||Creation of military orphan funds|
|Promotion of science, literature||Foundation or maintenance of libraries|
|Promotion of fine arts for instruction||Foundation or maintenance reading-rooms for general use among the members or open to the public|
|Diffusion of useful knowledge||Public museums and galleries of paintings and other works of art,|
|Collections of natural history||Mechanical and philosophical inventions|
» ELIGIBILITY AND REQUIREMENT TO FORM A SOCIETY:
Minimum number of 7 Person may by subscribing their name to the memorandum of association forms a society under this Act. Such memorandum of association is required to be filed with Registrar of Joint-stock Companies.
» PROCEDURE TO FORM A SOCIETY:
1. NAME SELECTION AND ITS APPROVAL FROM REGISTRAR:
When selecting a name for society registration, it is vital to understand that according to Society Act, 1860, an identical or similar name of a currently registered society will not be allowed. Moreover, the proposed name shall not suggest for any patronage of state government or government of India or fascinate the provisions of Emblem & Names Act, 1950.
2. PREPARATION OF MEMORANDUM OF ASSOCIATION:
Memorandum of association is a charter of Society. It contains the following clauses, i.e.
Object Clause of Society
Registered Office Clause
Governing Body Member clause (The governing body of the society shall be the governors, council, directors, committee, trustees or other body to whom by the rules and regulations of the society the management of its affairs is entrusted.)
3. PREPARATION OF RULES AND REGULATION (By-Laws):
Rules and Regulation Section includes the following items:
Membership Clause, their tenure, manner of cessation of membership
Governing body clause, their composition, power
4. OTHER DOCUMENTS:
Copy of Resolution for Registration of Society;
Copy of Resolution Authorizing a person to make application for registration;
List of Members of Society along with their address;
Rent Agreement or Registered Paper (If owned)
NOC from Land Lord (If Rented)
5. SUBMISSION OF DOCUMENTS FOR REGISTRATION:
Memorandum of Association along with Rules & Regulation to be filed with respective Registrar of Society. Copy of Rules & Regulation of Society should be certified by at least 3 members of the governing body of the Society. Registrar on being satisfy that proper documents have been filed with it, approve the application and grant Certificate of Registration to the Applicant.
» POST COMPLIANCES TO BE DONE:
Post compliances of the Society vary from State to State. However, following are the list of some general compliance to be done:
1. Hold Board Meeting of Society every year
2. Hold Annual general Meeting every year
3. Once in every year, within 14 Days from the Date of Annual General Meeting (Tenure of General Meeting prescribed by Rules) a list of members shall be filed with the Registrar of Society.
4. Maintain proper accounts of Society
5. Maintain Minutes of Board Meeting and General Meeting of Society
6. Filling of ITR