Society

How To Register Society / Trust / NGO Registration in India?

A society is a group of people involved with each other through persistent relations, or a large social grouping which voluntarily joins together, subject to the same political authority and dominant cultural expectations incorporated under Society Registration Act, 1860 to promote generous, social welfare, helpful, religious, charitable, educational, professional or any other useful object but not for the purpose of carrying on any trade, industry or business. A society, though not a corporation, is a legal entity and it can be described in a particular name for a purpose.

As per Section 20 of Society Registration Act, 1860, the societies with following objectives may be registered under this Act:-
Charitable Societies, The Military Orphan Funds or Societies established at the several presidencies of India Societies established for the promotion of science, literature, or the fine arts, for instruction, the diffusion of useful knowledge, (the diffusion of Political education),The formation or maintenance of libraries or reading-rooms for general use among the members and the public,The formation or maintenance of public museums , painting gallaries and other works of arts, collection of natural history, mechanical and philosophical inventions, instruments or designs.
The procedure varies from state to state. Any seven or more persons associated for any scientific, literary or charitable purposes can apply for Registration of a society. No limit of maximum number of members is prescribed in the act. For registering a society, following documents needs to be prepared and submitted to the Registrar.

As per Section 20 of Society Registration Act, 1860, the societies with following objectives may be registered under this Act:-

Memorandum of Association(MOA): Major Contents are Name of the Society, Working Area, Address of Registered Office, Aims and Object of the Society, Name address, occupation of the Governing body members, desirous persons.

Rules & Regulation: Major contents are Name of the Association, Admissions of members, Subscription, Cessation of Membership, Rights and privilege of members, Powers and functions of General Body members, Meetings, Election, Power and duties of Office bearers, Quorum of meeting etc

These documents needs to be certified by at least three members of the governing body and should be filled along with the MOA:

  • Proof of Identity & Address of Governing Body Members
  • Address of the registered office and Consent
  • NOC of the owner of the address of Registered Office Premises
  • A fee of Rupees fifty is required to be paid
  • Name of the Society should not be identical with any existing society, registered under the Societies
  • Registration Act, 1860. The name of the Society also should not be undesirable

Difference between Trust and Society 

S. No. Basis of Difference Trust Society

 

 

1. Registration under Indian Trust Act, 1882 Societies Registration Act, 1860

 

 

2. Minimum Members TwoJ Seven
3. Area of Activities All over India,

 

Without mentioning in Deed

 

Separate registration for

 

All India level (8- different states members required)

4. Nature of control One man control, i.e. SETTLER Democracy system
5. Possibility of amendment

 

 

Easy,  by a supplementary Trust Deed Difficult, amendment in  MOA and R&R both.
6.

 

 

Name Availability Easily available J Difficulty in availability
7.

 

 

Bank a/c operation One person,  Settler Two persons, either President or Secretary and Treasurer
8.

 

 

Holding of office Trustees generally hold

 

office for whole life

hold office for period of time

 

and may stand for re-election

 

9.

 

 

Winding-up Trust is generally irrevocable,

 

Can not be wound-up

wound up if  3/5th

 

of the members, so desireJ

10.

 

 

 

Family Members Can become trustee Objection in becoming members of the Governing Body
11.

 

 

Examples Mother Teresa Charitable trust

 

Amar Jyoti Charitable Trust

Trade Associations

 

 

 

12.

 

 

Govern by Board of Trustee Governing Body
13.

 

 

Main Instruments Trust Deed Memorandum Of Association &

 

Rules and regulation

14. Objects General objectives Specific objectives -prescribed

 

 

 

 

15.

 

 

 

Eligible for Income Tax Exemption after Registration u/s 12A & 80G

 

 

16.

 

 

 

Eligible for receiving Foreign Contribution after Registration under FCRA

 

 

 

17.

 

 

 

Eligible for receiving Govt. grants and benefits

 

 

 

18.

 

 

Profits shall not be distributed to the Trustee/ Members