A society is an association of persons united together by mutual consent to deliberate, determine and act jointly for some common purpose. Societies are usually registered for promotion of charitable activities like education, art, religion, culture, music, sports, etc., In India, The Societies Registration Act, 1860 lays down the procedure for society registration and operation in India.

The Societies Registration Act, 1860 was introduced with the aim of improving the legal conditions of societies registration for promotion of literature, science or fine arts or for diffusion of useful knowledge for charitable purposes. The Societies Registration Act, 1860 has been adopted by most of the State Governments with/without further amendments.

Purpose of registering society

A Society can be formed for the promotion of literature, science or fine arts or the diffusion of useful knowledge or political education or for charitable purposes. As per Section 20 of the Societies Act, 1860, a Society can be registered for the following purposes:

  • Grant of charitable assistance.
  • Creation of Military Orphan funds.
  • Promotion of Science.
  • Promotion of Literature.
  • Promotion of Fine Arts.
  • Promotion or Instruction or Diffusion of useful Knowledge.
  • Diffusion of Political Education.
  • Foundation or maintenance of libraries or reading rooms.
  • Foundation or maintenance of Public Museum or Galleries.

A Society can be formed by a minimum of seven or more persons. Besides persons from India, foreigners, companies and other registered societies can subscribe to the Memorandum of a society. Like Partnership Firms, Societies can also be registered or unregistered. However, only registered Societies can hold vested properties and/or have a suit filed by or against the Society.

Society registration is managed by State Governments. Therefore, the application for registration of society must be made to the concerned authority in the State, in which the registered office of the Society will be situated.

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    Steps for Society Registration in India:

    1. Formation of a Governing Body:

    A minimum of seven individuals is required to form a governing body for the society. These individuals will act as members of the managing committee or council.

    2. Drafting Memorandum of Association and Rules and Regulations:

    Prepare a Memorandum of Association and Rules and Regulations. These documents should outline the objectives, rules, and regulations of the society.

    The memorandum should include details such as the name of the society, its registered office, and the aims and objectives.

    3. Application for Registration:

    The application for registration should be made to the Registrar of Societies, which is usually the state government or the district registrar.

    Submit the following documents along with the application:

    a) Memorandum of Association and Rules and Regulations
    b) Covering letter with the name, address, and objectives of the society
    c) Declaration by the members of the managing committee stating that the funds of the society will be used only for the stated objectives
    d) List of members of the governing body with their addresses, occupations, and designations

    Photographs and authorization forms for authorized signatories, if applicable

    4.Signature Verification:

    Each member of the governing body should sign the memorandum and rules and regulations in the presence of a magistrate, a notary public, a gazetted officer, or a registered lawyer.

    5. Submission of Documents:

    Submit the application, along with the required documents and prescribed fees, to the Registrar of Societies.

    6. Verification by the Registrar:

    The Registrar will verify the documents and, if satisfied, will register the society.

    7. Certificate of Registration:

    Once registered, the Registrar will issue a Certificate of Registration. This certificate is essential for opening a bank account and conducting the society’s activities.

    8. Bank Account and PAN:

    Open a bank account in the name of the society using the Certificate of Registration. Obtain a Permanent Account Number (PAN) for the society from the Income Tax Department.

    9. Display GSTIN:

    The GSTIN must be prominently displayed at the place of business.

    9. Filing of Returns:

    After registration, businesses are required to file regular GST returns, including GSTR-1 for outward supplies and GSTR-3B for monthly returns.

    Additional Considerations:

    1. Name of the Society:

    Choose a unique and suitable name for the society.

    1. Annual Compliance:

    Comply with the annual filing requirements, such as submitting annual reports and audited accounts.

    1. Amendments:

    Any amendments to the Memorandum of Association or Rules and Regulations should be promptly communicated to the Registrar.

    1. Legal Advice:

    Seeking legal advice is advisable to ensure compliance with the law and regulations.

    The registration process may vary slightly depending on the state, so it is recommended to check with the local Registrar of Societies for specific requirements. Legal assistance can also be beneficial throughout the registration process.

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