Registration of Society
Place of Registration
The registration of a society is to be done under the Act wherever obtaining the registration and not in the State where the benefit is claimed. Once the person proposing to form a society has decided upon the name of the society and has prepared drafts of Memorandum and Rules and Regulations of the society, procedure adopted in following paragraphs may be adopted for getting the society registered.
Signing of Memorandum of Association
All the subscribers (minimum seven) should sign each page of the memorandum and the signatures should be witnessed by either an Oath Commissioner, Notary Public (Rs. 3/- Notaries stamp duty affixed), Gazetted Officer, Advocate, Chartered Accountant or 1st Class Magistrate with their rubber / official stamp and complete address.
Persons desirous of forming a society should also become members of the first governing body. An outsider cannot become member of the governing body in the first instance.
Signature on Rules and Regulations
The Rules should be signed by at least three members of the governing body. Following certificate should be given at the end of the rules and regulations: ""Certified that this is the correct copy of rules and regulations of the Society"".
File the required documents with the Registrar of Societies
Following papers should be filed with the Registrar of Societies for registration of a society under the principal Act or corresponding Acts enacted by various State Governments:
Covering letter requesting for registration stating in the body of letter various documents annexed to it. It should be signed by all the subscribers to the memorandum or by a person authorised by all of them to sign on their behalf
Memorandum of Association in duplicate along with a certified copy (as per Sec. 3 of the Principal Act). It should be neatly typed and pages serially numbered
Rules and Regulations / Bye-laws in duplicate duly signed Affidavit on non-judicial stamp paper of appropriate value sworn by the President or Secretary of the Society stating relationship between the subscribers. The affidavit should be attested by an Oath Commissioner, Notary Public (Rs. 3 Notaries Stamp affixed) or Ist Class Magistrate.
Documentary proof such as House Tax receipt, rent receipt in respect of premises shown as Registered Office of the society or no objection certificate from the owner of the premises
Normally fee of Rs 50/- is payable as registration fee of a society and it should accompany the request for registration payable in cash or by Demand Draft. In Union Territory of Delhi the Registrar intimates the applicant society by a letter stating that all the formalities have been completed and the documents filed are acceptable. The applicant society is required to deposit the registration fee after receipt of this letter. Formalities of registration and requirement of documents etc. may differ slightly from State to State. The applicants may, therefore, contact in advance the Registrar of Societies having jurisdiction.
Following table shows the Fees Payable under the Principal Act or State Amendments or Independent Acts of States for Registration of a Society.
State Fee Nature of Fee Reference
Bihar Rs 10/- Registration fee Rule 3 Bihar Rules
J & K Rs 50/- or smaller amount -do - Sec. 4 (2) J & K Act
M.P Rs 50/- -do- Rule 4 MP Rules
Maharashtra Rs 50/- Registration fee Rule 5 of Maharashtra Rules
Telangana Area Not to
exceed Rs 50/- -do- Sec. 4 Telangana Area Act
West Bengal Rs 50/- or
smaller amount -do- Sec. 7 (2) W.B. Act
-do- Rs 25/- Upon filing memo of appeal Rule 14 W.B. Rules
-do- Rs 10/- Upon alteration of
Memorandum of Regulations
-do- Rs 5/- Filing of annual return -do-
-do- Rs 0.75/- For certified copy
for every hundred or extract of any document
words or fraction - -do-
-do- Rs 5/- For duplicate
copy of Regn, Certificate
Registration Fee -do-
UP Rs 100/- Registration fee Sec 3 (1) UP (Amendment)
-do- Rs 5/- Regn. Fee for
mandal Dals Yuvak Gazette Notfn. dt. 15 1978
-do- Rs 25/- Renewal of Regn. Certificate Fee Sec. 3 (2) (a) UP
On receiving the documents mentioned above the Registrar shall satisfy himself about the compliance of the provisions of the Act and correctness in his hand that the society is registered under the Principal Act 1860 or other corresponding Acts.
Presumption of Registration
Presumption that the society was duly registered under the Act arises not on the Certificate of Registration granted by the Registrar but on the copies of the Rules and Regulations and Memorandum certified under Sec. 19 which constitutes them prima facie evidence of the matters therein contained.