A group of seven or more persons are entitled to register an organization under the Societies Registration Act, 1860 to form a society. Such organization should be for any literary, scientific or charitable purposes. Section 20 describes in detail the purposes for which a voluntary organization can be registered. The founders/ subscribers have to prepare a memorandum of association and the bye-laws and to file the same with the Registrar of Societies.
In addition to the Societies Registration Act, 1860, various States of India have framed their respective Act and Rules. Registration is done by the State Governments in whose territories the organization is located. Subject to the minor procedural variations between various States of India, an organization can be registered in any district of India, with the Assistant Registrar of Societies of that particular district. To have state-wide jurisdiction it is desirable to register the organization with the Registrar of Societies of the respective States.
Formation of society is relatively simple, it may take 1-2 months to complete the whole registration procedure.
Apart from individuals the following persons are also eligible for subscribing to the memorandum of the society:
Step 1: Selection of Unique Name
Step 2: Preparation of Memorandum of Association and Articles of Association.
Step 3: Submit the Required Documents and the application Form.
Step 1: Name Selection
To register a Society, the founding members must first agree on a name for the Society and prepare the Memorandum and Rules and Regulations of the Society.
While choosing a name for the society, it is important to remember that as per Societies Act, 1860, similar or identical name of an existing registered society is not permitted. Further the proposed name for the society must also not suggest patronage of the Government of India or any State Government or attract the provisions of Emblem and Names Act, 1950.
Name is generally granted if available. No need of a separate application for approval of name.
Step 2: Preparation of Memorandum of Association and Rules and Regulations
The Memorandum of society along with Rules & Regulations of society must be signed by every establishing member, witness by Gazetted Officer, Notary Public, Chartered Accountant, Oath Commissioner, Advocate, Magistrate first class or Chartered Accountant with their official stamping and complete address. The memorandum must also contain details of members of the society registration along with their names, addresses, designations, and occupations.
Memorandum of Association has to be prepared which will contain the following clauses and information:
Articles of Association also have to be prepared which will contain the following information:
Once the rules have been formed, they can be changed but the new set of rules will be signed by the President, Chairman, Vice President and the Secretary of the Society.
Step 3: Documents to be furnished for Registration:
The following documents must be prepared, signed and submitted for Society Registration:
The registration fees in case of Society vary according to the State in which it is going to be established. It may costs 10k to 30k varying from state to state to register a society.