The Societies Registration Act, 1860 (‘Act’) provided for the registration of literary, scientific and charitable societies. The object of this Act, as enunciated in its preamble, was to make provisions for improving the legal conditions of societies established for the promotion of literature, science or the fine art, or for the diffusion of useful knowledge, the diffusion of political, educational or for charitable purposes. The Act was a central legislation. Also, as per the societies registered in the respective states have to follow the law governing in that state.
Prior to 2001, the law relating to registration of a society in Andhra Pradesh was governed by:
The not-for-profit entities in India continue to be regulated by pre-independence era statutes (i.e., Societies Registration Act, 1860; Indian Trusts Act, 1882; and Indian Partnership Act, 1932) at the central level. These statutes have been subjected to multiple state amendments and heterogeneous state-level enforcement/ registration mechanisms over the years which are unsuitable to meet the practical needs of such entities in the light of changed economic realities. In this article focus is made on central act and also on The Andhra Pradesh Societies Registration Act, 2001.
Any seven or more persons associated for any literary, scientific, or charitable purpose, or for any such purpose as mentioned in the Act, may, by subscribing their names to the memorandum of association, and filing the same with concerned authority form themselves a society under this Act.
As per Section 20 of Registration of Society Act, 1860, the following societies may be registered under this Act:-
The constitution of any society, mandal, religious sangh or welfare association etc, should be divided into two parts.
1) MEMORANDUM OF ASSOCIATION
It includes the various Clauses as follows:
2) RULES & REGULATION
It normally includes the following Clauses:
The above Rules & Regulations ( Bye-Laws) are to be certified by three office bearers at the end of each page. Three Officials may be the Chairman, President and Vice President.
The Bye-Laws must contain provisions relating to, among other things, the activities, membership, finances, appointment/election/removal of office bearers of the society, settlement of internal disputes, dissolution of the society etc. And there are always chances that the registrar of societies will add some words or delete some words.
All the documents mentioned above are required to be submitted in duplicate, together with the required registration fee. Except for mahila mandals, registration fee for all NGOs is Rs 50. Mahila mandals are required to pay a registration fee of Rs 10.
Upon receiving the set of documents, the registrar’s office issues a certificate to the society once the verification procedure is complete. While filing the registration papers, it is important to bear in mind that a society by the same name is not already registered in the state.
Documentation Required for Registering a Society
1 Covering Letter.
2 Memorandum Of Association And Rules & Regulations.
3 Table containing Names, Address and Occupation of all the Members along with their signatures.
4 Certified Copy of Duly Passed Resolution for Registration of Society.
5 Minutes of the Meeting.
6 Declaration by the President of the Society.
7 Address Proof.
Obligations of the society registered under A.P Societies Registration Act
A few key obligations imposed upon societies that are registered under the A.P Societies Registration Act, are as follows:
Differences between Trust and Society: