A society is an association of several individuals combined using a mutual accord to deliberate, govern and act cooperatively for some communal purpose. Societies are usually registered for the advancement of charitable activities like sports, music, culture, religion, art, education, etc.
Society Registration, under The Society Registration Act in India, lays down certain procedures for the sake of society registration & operation. This act was implemented with the purpose of augmenting the legal stipulations of society registration for the advancement of literature, fine arts, science or distribution of awareness for bountiful purposes. Many states follow the Societies Registration Act, 1860, but in Tamil Nadu it was repealed. Societies here are registered under the Tamil Nadu Societies Registration Act, 1975.
Under section 3 of the Tamil Nadu Societies Registration Act, 1975, a society can be registered for the promotion of education, literature, science, religion, charity, social reform, art, crafts, cottage industries, athletics, sports (including indoor games), recreation, public health, social service, cultural activities or the diffusion of useful knowledge, such as:
A Society can be created by a minimum of 7 or more persons. The founding members (at least seven) must sign the memorandum and bye-laws of the society.
Like partnership firms, a society can be unregistered or registered, but only a registered society can hold property (vested in its committee) and sue or be sued through its committee or an authorised officer.
Society registration is handled by state governments. In Tamil Nadu, the application is filed with the District Registrar of the Registration Department for the district where the society’s registered office is situated.
For Society registration, the establishing members must agree with the name of society first and then prepare for the Memorandum, followed by Rules & Regulations of the society.
When selecting a name, note that under section 9 of the Tamil Nadu Societies Registration Act, 1975, a name that is identical with or too nearly resembles an existing registered society’s name, or is otherwise undesirable, will not be registered. Words such as ‘Co-operative’, ‘Union’, ‘State’, ‘Council’, ‘Commission’ or ‘Municipal’ need government sanction, and the name must not violate the Emblems and Names (Prevention of Improper Use) Act, 1950.
The memorandum and bye-laws (rules & regulations) of the society must be printed or typed and signed by at least seven members (section 7 of the Tamil Nadu Societies Registration Act, 1975).
The memorandum must contain the name of the society, the object of the society. Also, it consists of details of members of the society registration along with their names, addresses, designations, and occupations. The following document has to be prepared, submitted and signed for the sake of registration:
Following are the documents required for the Society Registration in Tamil Nadu:
PAN card of all the members of the proposed society has to be submitted along with the application.
The residence proof of all the members of the society also has to be submitted. The following can be used as valid residence proof:
The memorandum of association has to be prepared which will contain the following clauses and information:
The rules and regulations of the society also have to be prepared which will contain the following information:
Once the bye-laws have been formed, they can be amended only by a special resolution of the society, and the amendment must be registered with the Registrar.
A covering letter mentioning the objective or the purpose for which the society is being formed will be annexed to the beginning of the application. It will be signed by all the founding members of the society.
A copy of the proof of address where the registered office of the society will be located along with a NOC from the landlord if any has to be attached.
A list of all the members of the governing body has to be given along with their signatures.
A declaration has to be given by the president of the proposed society that he is willing and competent to hold the said post.
In Tamil Nadu, the application in Form I is filed with the District Registrar along with the prescribed fees. It goes with the memorandum, bye-laws, notice of the registered office (Form V) and register of members (Form VI). On receiving the application, the registrar will sign the first copy as acknowledgement and return it while keeping the second copy for approval. Once satisfied that the society has complied with the Act and rules, the Registrar issues a certificate of registration with a registration number.
The signed Rules & Regulations, as well as Memorandum, has to be filed with the concerned society or registrar of state with a mentioned fee. If the registrar is fulfilled with the society registration application, then they will certify that the society is registered.