Overview of Society Registration
A society is a group of individuals coming together to promote charitable, cultural, educational, religious, and social welfare activities. When registered under the Societies Registration Act, it gains legal recognition, ensuring better governance and structured operations. Societies primarily engage in scientific, charitable, and literary activities, and registration helps them establish a legal identity in India.
Purpose of Society Registration
The Societies Registration Act outlines the key objectives for which societies can be formed, including:
- Promotion of Fine Arts – Encouraging artistic and cultural initiatives.
- Diffusion of Political Education – Spreading awareness about political rights and responsibilities.
- Grant of Charitable Trust – Supporting social welfare and humanitarian projects.
- Promotion of Science and Literature – Advancing scientific research and literary contributions.
- Creation of Military Orphan Funds – Providing assistance to children of deceased military personnel.
Benefits of Society Registration
- Legal Recognition – Gains a distinct legal identity.
- Bank Account – Can open a bank account in its own name.
- Official Recognition – Recognized before government and legal authorities.
- Tax Benefits – Eligible for tax exemptions under the Income Tax Act.
- Contractual Capability – Can enter into agreements in its own name.
- Right to Sue or Be Sued – Can take legal action or face legal proceedings.
- By registering a society, organizations can operate efficiently, gain credibility, and access legal and financial benefits to further their objectives.
Eligibility for Society Registration
A registered society operates similarly to a partnership firm but offers more legal benefits than an unregistered organization. To establish a society, a minimum of 7 members is required. The following entities can contribute to the Memorandum of Society:
- Individuals (Indian citizens & foreigners)
- Partnership firms
- Limited companies
- Registered societies
- Foreign companies
- Indian companies
- Minors are not eligible to form a society.
Documents Required for Society Registration
1. Identity & Address Proof
PAN Card & one residence proof (Aadhaar Card, Passport, Driving License, Bank Statement, or Utility Bill) for at least 7 members.
2. Memorandum of Association (MOA)
Details of the society’s objectives and members.
3. Registered Office Address Proof
- Serves both public welfare and private beneficiaries.
- A portion of its income is directed towards public purposes, while some benefits go to private individuals.
4. Declaration from the President
A formal statement confirming the willingness to accept the position.
5. Rules & Regulations
- Created for the general public or a defined group.
- Typically associated with charity, education, or healthcare.
6. Additional State-Specific Documents
- Any extra documents required by the respective state government.
- Registering a society provides legal recognition, tax benefits, and governance structure, making it easier to carry out charitable and social activities.
Precautions While Choosing a Society Name
When finalizing a name for a society, consider the following guidelines:
- Avoid identical names – As per the Societies Registration Act, 1860, a name similar to an existing society will be rejected.
- No conflict with Government – The name must not oppose the State Government or the Government of India.
- Follow the Emblems and Names Act, 1950 – Ensure the name does not violate legal provisions under this act.
- Respect community values – Words or phrases offensive to any government, religion, or community should be avoided.
Procedure for Society Registration
In offline mode, the documents are submitted to the Registrar’s Office with the required fee in two copies. The registrar verifies the application and, upon approval, issues an Incorporation Certificate with a registration number.
In online mode, the process varies by state. Below is the online society registration process in Rajasthan:
Step-by-Step Society Registration
- Login to the SSO portal – If a new user, register with an email ID.
- Select ‘Society Registration’ from the menu.
- Enter member details & upload required documents (member details, registered office proof, etc.).
- Verify & save the application after entering all necessary details.
- Pay the registration fee and submit the application to the registrar. Track application status on the official website using the application number.
- Once the registrar approves, log in again to download the By-laws & MOA (Memorandum of Association).
Time Required for Society Registration
Once all incorporation requirements are met, the approval and registration certificate are generally issued within 12-15 days.
Legal Compliances After Society Registration
- After registration, a society must comply with the following legal obligations:
- Obtain a PAN Card – The society must apply for a Permanent Account Number (PAN).
- Open a Current Account – A bank account in the society’s name must be created for financial transactions.
- File Annual Income Tax Returns – The society must submit its ITR each year.
- Submit AGM Resolutions & Accounts – Annual General Meeting (AGM) resolutions, financial accounts, and an updated members list must be filed with the Registrar of Firms.
- Compliance with these regulations ensures legal recognition and smooth functioning of the society.