Society is an organized group of people with an aim and objective of providing non-profitable service. Rajasthan Societies Registration Act, 1958, lays down the procedure for society registration and operation in Rajasthan. Society can be registered with the concerned Registrar in which district the Society is intended to be established. After registration, the Society will have legal recognition.A Society is an association of individuals who work together for non-profit purpose for the welfare of the general public at large. The primary motive of a Society is to promote the advancement of charitable activities, art, science, literature, sports, education etc. On the other hand, a society is also formed for the purpose of maintenance of a commercial or residential complex or for forming a Association of Apartments.
Hence, a society is a non-commercial organization which is registered under the Society Registration Act, 1860 in India which lays down rules and regulations for the registration of society and its operation. A combination of seven or ore persons are required to form a Society under Society Registration Act.
Rajasthan Societies Registration Act, 1958
As per the provision of this act, Society is an association of individuals united together by mutual agreement to deliberate, determine and act jointly for the following purposes:
- Military orphan funds
- Literature
- Science or the fine arts
- Promotion of Khadi and Village industry
- Reading rooms for general use among the member
- Instruction or diffusion of useful knowledge or political education
- Foundation or maintenance or libraries
- Public museums and galleries of paintings
- Works of art, collection of natural history
- Mechanical and philosophical inventions, instruments or designs
As per the provision of Rajasthan Registration act, minimum of seven persons who have attained the age of eighteen years can register a society in Rajasthan.
Important Features of Society Registration in India
- Minimum Requirement of seven or more members to form a Society
- In case any individual, companies or any other society who is registered outside India wish to start a Society in India, then they need to subscribe to the Memorandum of society in India
- In India, it is not mandatory to register a Society
- If a society is registered, it gets legal protection and can avail various benefits provide by the Government.
- Registration of the society must be done under that jurisdiction under which the Registered Office of the Society is situated. For example, if the registered office is situated in Jaipur, then you need to apply to the State Officer in Jaipur
- Society has to follow the rules and regulations of Societies Registration Act, 1986
- Winding up process of Society is must easier than any other entity.
Advantages of Society Registration in India
- Legal Status to the Entity
- Societies can open Bank Account
- They can enter into contracts on its own name
- Gains legal recognition before forums and authorities
- A registered society can sue or sued
- Gets multiple benefits under the Income Tax Act
- Separate Legal Entity
- Less Penalties
Documents Requirement for Society Registration
- Memorandum of Association and Articles of Association with by-laws
- Proof of Registered Office including NOC from landlord and Rent Agreement in case of Rented premises
- List of all the members
- PAN Card of all the members
- Identity and residence proof of all the members
- A declaration by the president of the proposed society stating that he is competent and willing to hold the prescribed post
Acceptable Name for Society
As per the provision of Prevention of Improper Use Act, 1950, within the same place, two societies should not have similar names. Below mentioned names are not applicable for society registration:
- Names prohibited or registered by the State or Central Government through executive instructions are not allowed for Society
- Government Emblems and Names are not acceptable
- Name of Indian Institute or University also cannot be registered
MOA and Bye-Law
On registering a society in Rajasthan, certified copies of Memorandum of Association (MOA) and Bye-laws of Society will be issued. These documents serve as evidence for Society registration in Rajasthan.
Memorandum of Association (MOA)
MOA of Society is also called an NGO registration form; MOA contains society name, aim and objects, occupations of the members of the committee.
Bye-Laws of Society
The bye-laws documents contain provisions in respect of the following matters:
- Society identities such as name and address
- Information related to activities of Society
- Society membership details include admission, eligibility, withdrawal and termination of members
- Details of the manner of meetings to be held, quorum, function and responsibilities
- Information on office bearers and their appointment, removal, recall and election
- Finances related data’s such as types of funds to be raised and liability of members for the discharge of debts
- Data’s related to internal matters of the settlement of internal disputes and dissolution of the Society
Note: According to the Society Registration Act, the bye-laws should be witnessed by two witnesses apart from the notary who shall not be members
Step by step Procedure of Society Registration
- Step 1: Finalization of a name
The first step before registering a society is to select a unique name for the society. The name must not be identical or similar to an already existing registered society and shall not suggest any patronage of state government or central government. - Step 2: Draft the Memorandum of Association
The next step is to draft Memorandum of Association as per Section 2 of the Society Registration Act, 1860 which must include the following:- Name of the society
- Registered Address of the Society
- Area of operation of the society
- Objects of the Society for which it is formed
- Name, address and other relevant details of the directors, members or other councils of the governing body who shall be regulating the management of affairs of the society
- Name of the governing body
- Desirous Persons
In addition to Memorandum of Association, a copy of the rules and regulations of the society has to be filed which must be certified by at least 3 members of the governing body
- Step 3: Preparation of other necessary documents
Documents relating to cover letter, declaration, minutes of the meeting, ID and residence proof of members must be affixed as per the Society Registration Act, 1860 - Step 4: Filing of documents with the Registrar
Once all the documents have been prepared, you can submit it to the concerned state Registrar along with the prescribed fee. If the registrar is satisfied and finds all the information to be genuine, it will register your society.
Processing Time
The time limit for registering Society in Rajasthan is 30 days.
Compliances after Society Registration
Once your society is registered, you must comply with the following:
- Obtaining PAN Card of your Society
- Opening a Current Bank Account on the name of society
- Accounting and Bookkeeping
- Annual Income Tax Filings
- Registration under Professional Tax, if applicable
- GST Registration, if applicable
- AGM Resolution, accounts and members list to be filed with Registrar of Firms
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