Society Registration Act, 1860

In order to get legal standing, an organization or group of individuals may choose to register as a society under the Society Registration Act, 1860. If their shared goals are the welfare of the community rather than personal gain.

Not all societies can register themselves under the Society Registration Act 1860. According to section 20 of the Act only Charitable Societies, Military Orphan Funds, Science, Fine Art & Literature Promotion Societies can register themselves under the Society Registration Act, 1860.

Table Of Content

Background History Of Society Registration Act, 1860
What is the Society Registration Act, 1860?
Objectives Of Society Registration Act, 1860
Legal Documents Requirements
Important Provision
Conclusion
FAQs

Background History Of Society Registration Act, 1860

The Society Registration Act, 1860 came into effect on May 21, 1860 in India under the British Raj System. A society may be established for philanthropic, educational, or scientific reasons, or to further literature, science, or the beautiful arts.

The government is required by the Right to Information Act, which was passed by Parliament and is still in force in India after independence, to reveal any information about any society upon request.

What is the Society Registration Act, 1860 ?

The Society Registration Act, 1860, is a legal framework that governs the registration of societies and their functioning in India. It aims to promote and regulate various non-profit organizations working for charitable, literary, scientific, or social purposes.

An organization or group of people could decide to register as a society under the Society Registration Act, 1860 in order to obtain legal status if they are working together for the good of the community rather than for their own benefit.

By signing their names to a Memorandum of Association and submitting it to the registrar, seven or more members of a non-profit organization who have come together for charitable, scientific, or literary purposes—or for purposes listed in section 20 of the Society Registration Act—can obtain society registration.

A society may or may not be registered. Unregistered ones, however, might not have legal standing in disputes with members or with another individual, community, or organization.

Objective Of Society Registration Act, 1860

The specific objectives of the Society Registration Act can vary from country to country, but generally, the act aims to achieve the following objectives:

Legal recognition:

The primary objective of the Society Registration Act is to provide legal recognition to societies or non-profit organizations. Registration under the act bestows certain privileges and benefits upon the society, such as legal entity status, capacity to sue and be sued, and the ability to hold property in its name.

Transparent functioning:

The act seeks to promote transparency and accountability in the functioning of societies. Registration requires compliance with certain rules and regulations, including maintaining proper accounts and records, conducting regular audits, and submitting annual reports.

Awareness of social welfare:

Many societies are formed to work towards social, cultural, educational, or charitable objectives. The act aims to promote and support such organizations that work for the betterment of society and public welfare.

Facilitating funding and donations:

Registered societies often find it easier to receive funding and donations from government agencies, corporations, and individuals. The act provides a structured framework that helps in building trust with potential donors.

Resolve disputes:

The act may also include provisions for resolving disputes among society members or between the society and external parties through a legally recognized process.

Legal Documents Requirements

List of Documents required under Society Act are as follows:

List of all members
PAN Card
Proof of Residence
MOA
Rules made by Society
Cover Letter
Address Proof
Affidavit of Secretary
Minutes of the Society Meeting
Declaration

Important Provision

The provisions under the society Registration Act, 1860 are:

Provisions	Content
Section 1	Societies Formed by memorandum of association and registration
Section 3	Registration and fees of fifty rupees
Section 9	Recovery of Penalty accruing under bye-law
Section 12	Societies enabled to alter, extend or abridge their purpose
Section 17	Registration of societies Formed before Act
Section 19	Inspection of documents, certified copies.

Conclusion

This process demonstrates that the government has put tight standards in place for society registration. The Act does not specify that there should be a gap in the registration of societies. There are laws and rules for governance, which include everything from naming a society to specifying the boundaries beyond which it will not be registered. It is advised to only establish societies for good intentions.

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