People willing to carry chartable works may come together and form a society to fulfil their common objectives. The charitable work could be in field of education, reducing poverty, children welfare and other areas.
To regulate and provide better framework to these societies, government has enacted The Societies Registration Act, 1860 for improving the legal condition of societies established. These societies are established for promotion of literature, science, or the fine arts, or for the diffusion of useful knowledge, the diffusion of political education or for charitable purposes.
Every society is required to get themselves registered under society registration act, 1980 with their respective Registrar of Societies.
Constitution
Any seven or more persons associated for any:
- literary,
- scientific,
- fine arts,
- charitable purpose,
- the diffusion of useful knowledge,
- maintenance of libraries or reading rooms for general use among the members or open to the public,
- public museums and galleries of paintings and other works of art,
- collections of natural history,
- mechanical and philosophical inventions, instruments, or designs
- the military orphan funds
may, by subscribing their names to a memorandum of association, and filing the same with the Registrar form themselves into a society under this Act.
Memorandum of Association
Every society must prepare their memorandum of association which shall contain:
- name of the society
- objects of the society
- the names, addresses, and occupations of the governors, council, directors, committee, or other governing body to whom, by the rules of the society, the management of its affairs is entrusted.
This memorandum of association is required to be filed with the Registrar.
Management of Society
Societies are managed by their office bearers designated on different positions in the society.
These designations are:
- President
- Secretary
- Treasurer
- Executive member
The president of the society shall be the president of the Governing Body. All the office bearers of the society shall be elected in the General Body meeting.
Rules and Regulations for Society
Along with the memorandum of association, society also prepares a set of rule and regulation which lays down the guidelines for working of the society. These rules are also known as byelaws. This regulation should contain details pertaining to:
- Membership, subscription amount, cessation of membership etc.
- Governing Body of the Society, its management of affairs, power of governing body
- Office bearers
- Meetings of society
- Legal Proceedings for society
- General body of society
- Dissolution
Registration of Society
Every society should get themselves registered with their respective registrar where the society is situated. To register a society below given documents are required to be submitted:
- Request letter to register a society under SR Act 1860.
- Two sets of Memorandum of Association
- Two sets of Rules & Regulations framed for the functioning of the society.
- Affidavits
- Copy of residence proof of all desirous persons.
- Proof of ownership of the registered office of the society
- A copy of the report of the proceedings of the General meeting at which the registration of the Society was resolved.
Upon such memorandum and certified copy being filed, the Registrar shall certify under his hand that the society is registered under this Act
Annual Compliance
Every society shall conduct an Annual General Meeting as per their rules and within 14 days of AGM it should file a list with the Registrar containing the names, addresses and occupations of the governors, council, directors, committee, or other governing body then entrusted with the management of the affairs of the society.
If rules do not provide for AGM, then it should be held in the month of January.
Property of Society
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 by their proper title.
Suits by and against societies
Every society registered under this Act may sue or be sued in the name of the
- president,
- chairman,
- principal secretary,
- 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.
Legal Delight 