The Procedure for Society Registration under Society Registration Act involves following steps:
STEP 1: Selection of Unique Name
Select an appropriate name for your society. This is the basic step in laying foundation of a society. While choosing name you must be careful as Societies Registration Act, 1860, doesn’t permit use of similar or identical names with those that are already in existence.
Furthermore, the proposed name must not suggest any kind of patronage by the government of India or any State government; it should not be under the restricted list of names as per the provisions of Emblems and Names Act, 1950. For Examples: (i). You may want to register a society with the name ‘Jawahar Lal CGHS ltd.’ Now another society opposes it because it is already registered with identical name. If you still move ahead with the same name then the other society has the right to oppose your society’s registration under Societies Registration Act or Trade Marks Act, 1999.
(ii) Suppose XYZ has applied for the registration of a society with the name ‘Consumer Society of Government of India’. This name will not be registered because it depicts the patronage of government of India. Thus, it gives false impression that it is supported and acknowledged by the Government of India which is strictly prohibited under Schedule attached to Emblems and Names Act.
STEP 2: Preparation of Memorandum of Association and Rules & Regulations.
The memorandum of Association and Rules & Regulations of the society must be signed by each of its founding members, witnessed by an Oath Commissioner, Notary Public, Gazette Officer, Advocate, Chartered Accountant or First Class Magistrate with their official stamps and complete address.
These documents can be written/typed/printed on plain paper. The minimum seven people must distribute various designations among themselves. These members are collectively called the governing body which controls the functioning of the society. All of these members are elected for specific period and can be re-elected through elections in which members of governing body take part.
The Memorandum of Association includes various Clauses. These are:
- Name Clause
- Registered Office Clause
- Objectives Clause
- General Body Member Clause and List.
- Executive Body (Governing Body) members/Office Bearers Clause and List
A table containing names, address and occupation of all the Members of Society as the members of General Body along with their signatures should be formulated and included in the Memorandum of Association.
And a table containing with names and Designations of the Members of Society to be Office Bearers of Executive Body as President, General Secretary, Treasure, Vice President, Joint Secretary and Members is to be included with their signatures.
Rules and Regulations section includes the following Clauses:
- Membership Clause
- Subscription Clause
- Meeting Clause
- Committee/ Governing Body Clause
- Legal Procedure
The above Rules & Regulations (By-Laws) must be certified by three office bearers at the end of each page, these are the Chairman, President and Vice President. Object clause should be clearly worded to help needy and deserving ones in gaining access to education, medical, relief etc. There are chances that the registrar of societies would add or delete some words from various object clauses. Here is a sample of ‘Memorandum of Association’ and ‘Rules and Regulations’ for your reference: It is also observed that the Registrar of Societies require the quorum of 3/5 of members for meeting of members for meeting of managing committees, general Body Meeting, and extra ordinary general body meeting and the quorum for Requisition meeting minimum 1/5 members must be present. Similarly in the clause of dissolution of the society, the majority of 3/5 of the members present can take the decision of dissolution.
STEP 3: Other documents required are:
- Cover Letter requesting registration of the society, signed by all founding member
- Certified Copy of Duly Passed Resolution for Registration of Society
- Minutes of the Meeting.
- Declaration by the President of the Society.
- ID proof as Address Proof of members.
STEP 4: Submission of documents and registration
The Memorandum of Association with the Rules & Regulations document must be filed with the concerned registrar of societies in the state. Generally, the fees is fifty rupees or as specified by the State Government. If the Registrar is satisfied with the terms and conditions of your organization and the documents filed, he would certify to deem the society to be registered. Generally the time required for registering a society is one month.