Relevant Act: Societies Registration Act, 1860

What is Society?

It means an organized group of persons associated together for charitable purpose called society.

Here the charitable purpose which came within the language and spirit of the statute of Elizabeth could be group into four heads-

1. Relief of poverty,

2. Education,

3. Advancement of religion and

4. Other purposes beneficial to the community.

Registration of Society

How to form a society?

By Memorandum of association and registration.

1. Any seven or more persons associated for-

a. Literary,

b. Scientific,

c. Charitable purpose,

by subscribing their name to a Memorandum of association, and

2. Filling the same with the Registrar of Joint-stock Companies form themselves into a society under the Act.

What is Memorandum of Association?

The MoA contains the following things-

a. The name of the society,

b. The Object of the society,

c. Name, addresses and occupation of the-

i. Governors,

ii. Council,

iii. directors,

iv. Committee, or

v. other governing body to whom the management of the affairs is entrusted.

A copy of rules, regulations of the society, certified by not less than 3 members of the governing body, shall be filed with the MoA.

Registration and fees?

After filling with the certified copy of the rules and regulations along with the MoA.

The registrar shall certified the same that society is register under the Act,

The fees for every registration of society shall Rs. 50 or such similar fees as the government time to time direct and to be paid to the account of the government.

Note*- Fees shall be vary from state to state.

Updated list of the managing body to be filed

Once in every year, on or before the fourteen days succeeding the day on which the annual general meeting of the society is held, or

If the rules is not provided the annual general meeting, in the month of January, list of the managing body shall be filed with the registrar of joint stock companies-

The details shall be as follows-

Name, address, occupation of-

a. Governors,

b. council,

c. Director.

d. Committee,

e. or other governing body then entrusted with the management of the affairs of the society.

Suits by and against societies

Every society registered under this Act may sue or be sued in the name of-

a. President, or

b. Chairman, or

c. Principal Secretary, or

d. trustees,

as shall be determined by the rules and regulations of the society and, in default of such determination, in the name of such person as shall be appointed by the governing body for the occasion:

PROVIDED that it shall be competent for any person having a claim, or demand against the society, to sue the President or Chairman, or Principal Secretary or the trustees thereof, if on application the governing body some other officer or person be not nominated to be the defendant.

Property of the Society

In case trustee appointed

In case if a trustee is appointed under the Act, the property of the society whether movable or immovable shall be vest with the trustee.

In case of trustee is not appointed

The property, movable and immovable belonging to a society registered under this Act, if not vested in trustees, shall be deemed to be vested, for the time being, in the governing body of such society, and in all proceedings civil and criminal, may be described as the property of the governing body of such society for their proper title.

How the Society can change/alter their objects?

1. Whenever it shall appear to the governing body of any society registered under this Act, that it is advisable to alter, extend, or abridge such purpose to or for other purposes within the meaning of this Act, or

2. To amalgamate such society either wholly or partially with any other society, Such governing body may submit the proposition to the members of the society in a written or printed report, and may convene a special meeting for the consideration thereof according to the regulations of the society;

But no such proposition shall be carried into effect unless such report shall have been delivered or sent by post to every member of the society 10 days previous to the special meeting convened by the governing body for the consideration thereof, nor unless such proposition shall have been agreed to by the votes of three-fifths of the members delivered in person or by proxy, and confirmed by the votes of three-fifths of the members present at a second special meeting convened by the governing body at an interval of one months after the former meeting.

Disclaimer: The contents of this article are for information purposes only and does not constitute an advice or a legal opinion and are personal views of the author. It is based upon relevant law and/or facts available at that point of time and prepared with due accuracy & reliability. Readers are requested to check and refer relevant provisions of statute, latest judicial pronouncements, circulars, clarifications etc before acting on the basis of the above write up.  The possibility of other views on the subject matter cannot be ruled out. By the use of the said information, you agree that Author / TaxGuru is not responsible or liable in any manner for the authenticity, accuracy, completeness, errors or any kind of omissions in this piece of information for any action taken thereof. This is not any kind of advertisement or solicitation of work by a professional.

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February 2024