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NGO-Society

Society registration in India

Are you also having an unstructured group for performing non-profit making activities, now register your group as Society officially.

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    MEANING OF SOCIETY

    A society refers to an association of several like-minded individuals coming together by mutual consent to govern and act mutually for some common cause or interest. Societies are mainly register for charitable, religious, cultural, political, education and scientific etc. Societies can also be registered or unregistered. However only registered Societies can hold properties or have suit in the name of society. For registration of society matters concern State Governments in which the society is situated is the correct authority to approach.

    DOCUMENTS REQUIRED FOR SOCIETY REGISTRATION

    Identity Proof
    Identity Proof

    • PAN card and Aadhar card.
    • Self attested Voter identity card/ Driving License/ Passport for all members.

    Photograph & Contact
    Photograph & Contact

    • Passport size Photograph
    • Email
    • contact of all the members

    Address proof of all members
    Address proof of all members

    Self attested Latest Electricity Bill/ Bank Statement with latest entries/ Telephone Bill/ Mobile Bill

    Registered office proof
    Registered office proof

    • Rent Agreement & Rent receipt.
    • Last Month Electricity Bill /Property tax receipt (if rented).
    • Electricity Bill /Property tax receipt (if owned).

    Byelaws
    Byelaws

    Byelaws with all rules and regulations of the society

    List of members
    List of members

    List of all members with-

    • Name
    • Father’s name
    • Address
    • Occupation
    • Designation
    • Signed by all the members

    OBJECTIVE OF SOCIETY REGISTRATION
    • Advancement of expressive arts
    • Dispersion of political training 
    • Award of beneficent help 
    • Advancement of science and writing 
    • Formation of military vagrant assets 
    • Support or establishment of exhibitions or public historical center 
    • Support or establishment of understanding rooms or libraries
    • Advancement or dispersion or guidance of valuable information 
    ELEMENTS OF BYELAWS
    1. Proposed Name.
    2. Registered office provision.
    3. Qualification Criteria for participation.
    4. Object provision.
    5. Participation statement.
    6. Membership provision.
    7. Gatherings clause (Annual and Extra normal General Meeting).
    8. Board of Governing body provisions.
    9. Right and obligations of Governing body.
    10. Validity of Society.
    11. Revision clause.
    12. Dissolution provision.
    13. Cancellation of participation as member.
    14. Dispute provision.
    GOVERNING BODY OF SOCIETY
    1. PRESIDENT – President is also known as Office bearer of executive body. President conduct all the meeting and discuss with the vice president regarding all sitting arrangement of members in the meeting and decide the place and date of meeting President also have the power of casting vote when of equal voted are given by the other members hence the decision will be finalized by the vote of President.
    2. VICE PRESIDENT – Vice President take charge of the society work in the absence of President. He have all the right of president in the absence of president.
    3. GENERAL SECRETARY – The power to sanction an amount as prescribed at a time is under General Secretary. That means no amount expense incurred without the permission from General Secretary.
    4. JOINT SECRETARY – In the absence of General Secretary, Joint Secretary will take the charge of the duties of General Secretary.
    5. TREASURER – Treasurer maintain detailed and complete records of the funds of the society and to grant for expense as approved by General Secretary.
    6. MEMBERS – Members have right to vote in the decision making of the society. Minimum two members must be there.

    PROCESS OF SOCIETY REGISTRATION

    1
    Selection of a Name

    Selection of a unique and non-similar name of the Society. Further the proposed name should not suggest patronage of the Government or excluded under Emblem and Names Act, 1950.

    2
    Byelaws of Society Registration

    Byelaws are Memorandum & Article of Association which contains rules and regulations of society It also contains details of all the members (atleast seven members). Byelaws must be signed by each of the founding members and witnesses.

    3
    Submission of registration Application

    The signed Byelaws along with requisite documents to be submitted to concerned Registrar of Societies in the State. In case any discrepancy the resubmission is received with the application, which is required to be filed again with suggestive remarks.

    4
    Certificate of Registration

    Registrar on being satisfied with application for Society Registration shall issue the certificate of registration of society.

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    Frequently Asked Questions

    What is Society in simple words?

    A society is an association of a couple of people unite together by common assent with administer and act commonly for a few mutual reason. Societies are planned to enlist for charitable aim like games, music, culture, religion, religious, schooling, art etc. The Societies Registration Act, 1860 is applicable on societies which are registered in India.

    What are the characterstices of society and its importance?

    A Society required minimum of seven people and other person from India, Outside India, organizations and other enlisted societies can likewise become the part of a society.

    Societies can likewise be registered or unregistered and just enrolled Societies can hold vested properties and additionally have a right to suit by or against the Society. 

    The application for registration of society should be made to the concerned officer within the State because it is a matter of concern of State Governments at which the registered office of the Society is located.

    State the procedure of society registration?

    Step: 1 Election of Name.
    Step: 2 Rules & Regulations of Society Enrollment.
    Step: 3 Submit the Application.

    What Clauses(Manual) Byelaws Includes?

    1. Proposed Name.
    2. Registered office provision.
    3. Qualification Criteria for participation.
    4. Object provision.
    5. Participation statement.
    6. Membership provision.
    7. Gatherings clause (Annual and Extra normal General Meeting).
    8. Board of trustees/Governing body provisions.
    9. Right and obligations of Governing body.
    10. Validity of Society.
    11. Revision clause.
    12. Dissolution provision.
    13. Cancellation of participation as member.
    14. Dispute provision.

    What is role of government body of society?

    These seven members are all together known as governing body which manage the administration of society and these members are chosen for limited time period and then re-appointed through voting.

    Who are responsible for administration of governing body of society?

    Following are the designated people responsible for management of governing body of society are as under:

    1. Office Bearer Of Executive Body As President
    2. Vice President
    3. General Secretary
    4. Joint Secretary
    5. Treasurer
    6. Members

    What document required for enrollment of society?

    Following are the documents required for registration of society:

    1. PAN Card/Aadhar Card (mandatory for all members).
    2. Residential Proof – Bank Statement/ Aadhar Card /Utility Bill /Driving License /Passport for all members.
    3. Byelaws (manual).
    4. Address Proof of society – address of society where located with No Objection Certificate of landlord.
    5. A list of all the members with their name, father’s name, designation, address, occupation and be signed by all the members.

    What is the government fees for society registration in (M.P.)?

    • Cyber treasury challan of Rs. 3000 in normal cases and in case of urgent registration, cyber treasury challan of Rs. 5000
      (Variation may occur in government fees from state to state.)
    • M.P. online portal Fees shall be Rs. 100

    What is the basic exemption for ngo-society?

    Provision of Section 80G and 12AA of Income Tax Act i.e. Tax exemption certificates on completion of 3 years of NGO society where contribution received by NGO society shall be free from tax and the person who is contributing will get certificate for tax exemption.

    What is the due date for tax audit for society registration?

    There can be two possibilities:
    First: In case where audit is not mandatory then the due date is 31st July of the assessment Year.
    Second: In case audit is mandatory then audit to be conducted on 30th September of assessment Year.

    What is the benefit of society registration?

    • Effortless to form and the uncomplicated registration out of the three ways available for NGO i.e. Society/ Section 8 Company/ Trust.
    • Also It can apply for 80G and 12AA i.e. Tax exemption certificates on completion of 3 year NGO where monetary aid received by NGO will be free from tax and the person who are contributing shall receive certificate for tax exemption.
    • It attract least registration cost when compared to Trust & Section 8 Company.
    • Society has simple post incorporation compliance.

    COMPARATIVE START UP STRUCTURE

    BASIS

    TRUST
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    SOCIETY
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    SECTION 8 COMPANY
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    Basic Document Trust Deed Bye-Laws MOA & AOA
    Object A trust is an agreement between parties, whereby one party holds an asset for the benefit of another party. Society is a group of persons, who join together for the initiating any literary, scientific or charitable purpose. NGO in form of section 8 company enjoys all advantages of limited companies.
    Governing Legislation Indian Trusts Act, 1882 Indian Societies Act, 1860 Companies Act, 2013
    No. of Members Required Minimum 2 person required and these person may be the artificial person created under the law. Minimum 7 members are required for formation of state level and 8 members from different states each required for national level and these should be individual only. 2 for Private limited company & 7 for public limited company.
    Ownership Trustees are the owner of Trust properties. Properties of the society are own by society itself. Section 8 company is the owner of all properties.
    Stamp duty Non-Judicial Stamp duty is required as per the State Stamp Act and it depend on the value of the Trust property. No stamp duty. No stamp duty.
    Authority for Registration Sub-Registrar of the relevant area. Registrar of Society of the area where premises of society is located. Registrar of the Companies.
    Management Board Trustees Governing Body Board of Directors
    Meetings Board of Trustees Governing Body meeting as per bye-laws Board of Directors
    Grant of subsidy by the government Low preference Low preference High preference
    Annual Filing No such requirement Filing of Audited Financials & list of Governing Body Audited Financials & Annual Return
    Area of operation The geographical area of operation of a Trust is all India. It has to take all India registration for country-wide operations. The geographical area of operation of is all India.
    Foreign Contribution Regulation Act, (FCRA) registration Less preferred Less preferred Most preferred
    Compliance Low Medium High
    Voting Rights Equal Rights to All Trustees Equal Rights to All Members As per Shareholding
    Dissolution Public trust cannot be dissolved. Societies may be dissolved with the approval of at least three-fifths of the society’s members. It can be dissolved in according with provisions of companies act.
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