Rules and Regulations of Society Registration Act 1860 in India
The Societies Registration Act, 1860 is one of the oldest legislations in India, aimed at improving the legal framework for societies formed for charitable, literary, scientific, or other similar purposes. Over the years, it has become the cornerstone for establishing and governing non-profit organizations in the country. Whether you're looking to establish a cultural group, a non-governmental organization (NGO), a welfare society, or a community group, understanding the rules and regulations of the Society Registration Act, 1860 is essential.
In this comprehensive article, Corpzo.com provides you with a complete guide to the key provisions, rules, compliance requirements, and procedural aspects of the Society Registration Act in India.
? Introduction to the Societies Registration Act, 1860
The Societies Registration Act, 1860 was enacted to provide legal recognition to societies or associations of persons united for a common non-commercial objective. These societies are primarily established for charitable, educational, literary, scientific, religious, or social purposes.
The Act not only facilitates the formation of such societies but also lays down a framework for their functioning, governance, and compliance.
?️ Objectives of the Societies Registration Act
The core purposes for which societies can be registered under the Act include:
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Promotion of literature, fine arts, or science
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Spread of useful knowledge
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Establishment and maintenance of libraries or public museums
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Promotion of charitable activities including healthcare and relief work
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Preservation of historical monuments and works of art
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Social welfare and public benefit initiatives
✅ Key Features of the Society Registration Act, 1860
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Applicable nationwide with state-specific amendments
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Minimum of seven persons required for registration
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Provides legal identity to the society as a separate entity
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Enables society to hold property, open bank accounts, and enter contracts
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Governance through a Memorandum of Association (MOA) and Rules & Regulations
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Annual filing and compliance requirements
? Who Can Form a Society?
A society can be formed by:
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Individuals (minimum of 7 persons)
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Partnership firms
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Companies
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Foreigners or Non-Resident Indians (NRIs) (depending on state rules)
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Other societies or registered entities
For state-level societies, all members must be Indian residents. For all-India societies, at least eight members from different states are required.
? Registration Process of a Society in India
The society registration is handled by the Registrar of Societies in the concerned state. Here's a step-by-step breakdown of the process:
Step 1: Choose Name of Society
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Name should be unique and not identical to any existing society or trademark.
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Should not suggest patronage by the government or violate public policy.
Step 2: Prepare MOA and Rules & Regulations
The Memorandum of Association (MOA) includes:
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Name of the society
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Registered office address
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Objectives and scope of activities
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Names, addresses, and signatures of founding members
The Rules & Regulations govern:
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Membership eligibility and process
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Governing body structure
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Roles and duties of office-bearers
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Meeting protocols and voting procedures
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Audit, accounts, and dissolution provisions
Step 3: Submission of Application
Submit the following documents to the Registrar of Societies:
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Duly signed MOA and Rules
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Affidavit from the president or secretary
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Address proof and No Objection Certificate (NOC)
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PAN and ID proof of members
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Covering letter with request for registration
Step 4: Fee Payment and Verification
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Pay prescribed state registration fees.
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Registrar verifies documents and may seek clarifications.
Step 5: Certificate of Registration
Upon approval, a Certificate of Registration is issued, giving legal status to the society.
? Rules and Regulations Under the Act
The Societies Registration Act lays out specific rules and governance guidelines, which societies must adhere to:
1. Governing Body Formation
The society must elect a Governing Body or Managing Committee comprising:
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President
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Secretary
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Treasurer
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Other office-bearers
They are responsible for day-to-day operations, finance management, and policy decisions.
2. Meetings and Quorum
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Annual General Meetings (AGMs) and Executive Committee Meetings must be held regularly.
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Maintain minutes of meetings, attendance registers, and resolution records.
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A quorum (minimum attendance requirement) must be defined in the bylaws.
3. Accounts and Audits
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Maintain proper books of accounts and records of donations, grants, and expenditures.
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Conduct annual audit by a Chartered Accountant.
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Submit audited financials and activity report annually to the Registrar.
4. Amendments to MOA and Rules
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Any changes in objectives, name, or governing body must be approved by two-thirds majority.
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Amendment should be filed with the Registrar for approval and record.
5. Membership Rules
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Define who can become a member
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Process of admission, resignation, or expulsion
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Voting rights and fee structure
6. Maintenance of Registers
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Membership register
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Minutes book
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Financial ledger
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Asset register
? Filing Requirements
Some states have made it mandatory to file annual returns including:
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List of office bearers
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Statement of accounts
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Minutes of the AGM
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Activity report
Non-compliance can result in penalties or cancellation of registration.
⚖️ Legal Provisions of the Act
The Act comprises 21 sections, some of which include:
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Section 1: Short title and extent
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Section 5: Property of the society is vested in the governing body
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Section 6: Suits by and against the society
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Section 10: Inspection of documents at the Registrar’s office
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Section 13: Dissolution of the society
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Section 14: Disposal of property upon dissolution
? Dissolution of a Society
A society can be voluntarily dissolved if:
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3/5th of the members agree
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Intention is communicated to the Registrar
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Liabilities are cleared
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Remaining assets are transferred to another society with similar objectives (not distributed among members)
? Benefits of Registering Under the Societies Act
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Legal Recognition: Can sue or be sued in its name
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Tax Benefits: Eligible for 12A and 80G registration for tax exemption
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Government Funding: Can apply for grants and CSR funding
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Separate Legal Identity: Society is distinct from its members
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Credibility: Enhances trust with donors and stakeholders
⚠️ Non-Compliance Penalties
Failure to comply with the rules can lead to:
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Cancellation of registration
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Ineligibility for tax exemptions
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Loss of public or donor confidence
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Legal action by Registrar or stakeholders
? How Corpzo.com Can Assist
At Corpzo.com, we provide complete assistance in:
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Society name selection and search
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Drafting MOA and Rules & Regulations
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Preparing documentation
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Filing registration applications with the Registrar
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Tax registrations like 12A, 80G, FCRA
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Compliance filing and audit support
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Advising on amendments, dissolution, and legal issues
Why Choose Corpzo.com?
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Experienced legal and compliance experts
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Seamless online process
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Transparent pricing
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Quick turnaround
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End-to-end service
? Get in Touch with Corpzo.com
Whether you’re starting a new society or managing an existing one, compliance with the Societies Registration Act is key to your success.
? Corpzo Legal & Compliance Experts
? Website: www.corpzo.com
Brand Name:- CorpZo
Address:- G 10, Sector 63, Noida, India, 201301,
Email:- reach@corpzo.com,
Phone:- +91 9999 139 391,
https://www.corpzo.com/the-process-to-apply-for-factory-license-in-the-state-of-maharashtra
? Conclusion
The Societies Registration Act, 1860 is a foundational law for nonprofit organizations in India. With proper understanding and adherence to the rules and regulations, a society can work efficiently, build public trust, and achieve its noble objectives.
Let Corpzo.com be your trusted partner in this journey, ensuring legal compliance, professional guidance, and peace of mind.
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