What is Society Registration in India?

Society Registration in India

A society refers to an association where more than two people come together to do partake in charitable activities for the people. To that end, you can refer to a society as a Non Profit Association. However, to get the full benefit of such an association, you need to get Society registration in Delhi.

A Co operative society registration is done in a co-operative manner for non profit purposes to do something for the society.

What is the purpose of Society Registration in India?

These societies are registered or the purpose of advancing certain charitable activities like: sports, art, culture, music, religion, education etc.

To be more specific, following is the purpose of cooperative society online registration

1. Promoting fine arts in India: There are many associations who commit to new society registration because they want to promote regional fine arts across the country.
2. Providing political education: Sometimes, online society registration is done by those who want to diffuse political education about a particular political ideology.
3. Granting charitable aid: The common reasons to register cooperative society is to help people. most application of registration of society online tends to be about granting charitable assistance to the people.
4. Promoting science and literature: Certain association opts for society registration certificate online to create an education centre to education students in matters of sciences and literature.
5. Creating funds for the military orphans: Certain bodies exist to cater to the needs of military families in India. Such bodies opt to register society online to establish a society.
6. Maintenance of foundation of galleries: Registration of society in some instances happens for the sake to creation of a body that watches over art galleries and such. These bodies are not particular incorporated for social welfare, but nonetheless, and societies that are granted society registration certificate in India.
7. Maintenance or foundation for libraries: There are certain societies that exist to oversee libraries across a city of a region.
8. Instructing students: Certain schools establish a society by getting associate registration certificate in order to establish specialized classes for their students.
9. Natural history collections: There are many regions in where online registration of cooperative society happens for the sake of creating a body that maintains historical collections.
10. Collection of mechanical and other types of inventions: Certain associations in India are incorporated for the sake of providing security and maintenance services for Indian inventions.

Governed under the Society Registration Act, 1860 India, this is one form of registration that you are looking for if you endeavour to start something with altruistic purposes.

The Purpose of Society Registration

While you already might have gotten a general idea for the reason behind establishing and registering society, when you dive into explaining it in legal terms, the purposes are the following:

1. Grant of Charitable assistance
2. Promotion of Fine arts
3. Promotion of Science and Literature
4. Creation of Military orphan funds
5. Diffusion of political education
6. Maintenance or foundation of galleries or public museums.
7. Maintenance or  foundation of reading rooms and libraries
8. Promotion of diffusion and instruction of useful knowledge.

If you are looking for society registration services of the best kind, you can get in touch with Registrationwala. We are going to assist you with each and every aspect of registration in the most professional way.

But before we jump in, let us talk about the benefits of Society registration in India.

What are the benefits of firm society registration in India?

As per the Delhi Society Registration Act, the part of Society’s Act, 1860, getting firm society registration in India has the following benefits to speak off:

1.  You can purchase a property without any legal issues: When you acquire registration certificate of a society and thus incorporate an association in India, you get possession of a body by which you can purchase property without laborious compliances.
2. Filing cases against defaulters: Incorporating a society is akin to creating a separate entity. And like all separate entities – like a company – a society also has the power to file cases against others.
3. Getting taxation exemptions in India: In a society, you can avail many tax exemptions. If the society has been formed after obtaining social welfare society registration certificate, it can be exempted from paying taxes provided that the society has also acquired 12A registration in India.
4. The liabilities are fewer: Registration of firm and society in India creates a body that holds minimum liabilities.
5. Shifting properties is easy: After obtaining a Welfare Society Registration India, if you wish to shift your location, you can do so without much hassle.
6. Getting funding from the outside sources: Society and firm registration allows you to get funding from external sources in the form of donations – provided that your society exists for the betterment of people.

Without the registration of societies and trust you are not going to get any of the above benefits. In fact, there are many drawbacks of an unregistered society.

Drawbacks of an unregistered society

While you can get society registration – Delhi or other metropolitan regions – there are some drawbacks that you simply cannot ignore.

1. Without the registration of society in Delhi or anywhere in India, your society cannot be considered a separate legal entity.
2. If you don’t have an association registration certificate for your society, you don’t have any right to take legal action against anyone as a society.
3. Unregistered societies do not get any tax benefits
4. For a society with no association registration online, the government of India holds no value.
5. For an unregistered society, shifting of society is a concept that cannot exist.

Therefore, when you get the chance, you must get co-operative society registration online.

Eligibility Criteria for Society Registration in India

To register your society, the objective of your society should be one of the following:

1. Grant of Charitable assistance
2. Promotion of Fine arts
3. Promotion of Science and Literature
4. Creation of Military orphan funds
5. Diffusion of political education
6. Maintenance or foundation of galleries or public museums.
7. Maintenance or foundation of reading rooms and libraries
8. Promotion of diffusion and instruction of useful knowledge.

However, if you society serves multiple purposes, it can also do so with multipurpose society registration.

Other specifics to keep in mind when it comes to society registration is as follows:

1. The applicant must incorporate the society with the truest intentions.
2. It is imperative for the applicant to gather the documents required for PAN card of society before going through the incorporation process.
3. The applicant must explicitly state in the by-laws the intentions behind the incorporation of a society. For instance, if the applicant seeks the incorporation of a residential society, then he must state that co operative housing society registration is their motive.
4. The applicant must reach out to the office in the region wherein lies the headquarters of the society. For example, if the applicant wants to obtain society registration online Delhi, then he must reach out to the Delhi head-office.
5. The society registration is an impermanent authorization. After five years, unless the applicant applies for renewal of society registration in Delhi, or in any region, the society would be dissolved.

The society registration consultant can help you grasp at these points in a much more clear manner.

Documents Required for Society Registration in India

The documents required for society registration are the following:

1. PAN card
2. Residential Proof
3. Bye-laws
4. Covering letter
5. Address Proof
6. List of the members of the society
7. Self-declaration from the president of the society
8. Duly filled society registration form
9. Receipt of society registration fees

If you think that the society registration documents in Delhi would be different from others, don’t be. Despite different bodies undertaking the process of society registration, the procedure remains the same. So, whether you are opting for society registration in Delhi online or any other region, the documents would not be different.

Process of obtaining the Society Registration in India

This section details the process of how to form a society in India:

• Gather the documents required for society registration: Your first task is to furnish all the aforementioned documents. The applicant must ensure that these documents are properly assessed before application filling.
• File the online application: Fill out the online application form. If the online website is inaccessible to you, you can consult with an expert and start the society registration process in Delhi offline.
• Submit the online application to the appropriate authority. Then, submit the online application via the official portal. If you can't find it, the experts can visit the head office and submit your application for co-operative society registration in Delhi.
• Obtain a Society registration certificate after analysis: The head office will assess your application form. And if it is satisfied with your application, you will obtain the society registration certificate. 

Memorandum of Association

The proposed Memorandum of Association of a to-be-registered co-operative society must contain the following details:

• Name of the to-be-registered society
• The object of the to-be-registered society
• Names, addresses, and occupations of the governors, council, directors, committee, or other governing body to whom the management of its affairs is entrusted.
• A copy of the rules and regulations of the society, certified by not less than three of the governing body members, filed with the Memorandum of Association.

 Things to keep in mind when applying for Society Registration in India:

1. You cannot pay the society registration cost in instalments
2. The society registration fees in Delhi or any other region are the same.
3. Society registration is not always an online process. For example, obtaining society registration in Delhi online might not be the case for every state.
4. After 5 years, society registration renewal online is mandatory. However, before filling out the society registration renewal form, you can look at the format properly.

Post-registration process:

Once you have obtained your region-based firm and society registration – Delhi or anywhere else – you need to keep an eye on the annual filing of society. As a regulatory body governed under the Society Act 1860, you must follow all the paradigms at registration.

Disciplinary actions in case of Guideline's violations

Lawsuits by or against societies

Every co-operative society registered under the Cooperative Society Act can sue or be sued in the name of the President, Chairman, Principal Secretary, or trustees. The rules for filing a lawsuit are mentioned in the rules and regulations of society. Suppose a default is committed on such regulations. In that case, a person will be appointed by the governing body provided that the person making a claim, or demand against the society, to sue the management on the application of the governing body, someone not nominated to be the defendant.

Lawsuits to not abate

No suit can abate or discontinue in a Civil Court because the person by or against whom the lawsuit has been brought can continue the same suit proceedings in the name of or against such a person's successor.

Enforcement of judgment against society

Suppose a judgment is recovered against the person or officer acting on behalf of society. In that case, such judgment must not be put in force against the property, movable or immovable. Instead, the judgment must be solely against the property of society.

The application for execution must set forth the judgment. The fact of the party against whom judgment has been recovered must require having the judgment enforced against the property of the society.

Recovery of penalty accruing under a by-law

Any by-law made by the rules and regulations of the society, when accrued, may be recovered in any court having jurisdiction where the defendant shall reside, or the society shall be situated, as the governing body thereof shall deem expedient.

Members liable to be sued as strangers

Any member who may be in arrear of a subscription which according to the rules of the society

• he is bound to pay, or
• possess himself of or detain any property of the society in a manner, or
• for a time contrary to such rules, or
• shall injure or destroy any property of the society, may be sued for such arrear, or
• the damage is accruing from such detention, injury, or destruction of the property in the manner provided.

But suppose the defendant is successful in any suit or proceeding brought against him at the instance of the society and sentenced to recover his costs. In that case, he can elect to proceed to recover the same from the officer in whose name the suit has been brought or from the society, and in the latter case, can have process against the property of the said society in the manner above described.

Punishment against Guilty members

Any member of the society who

• steals, purloins, or embezzles any money or other property, or
• willfully and maliciously destroy or injure any property of such society, or
• forges and deed, bond, security for money, receipt, or other instruments, whereby the funds of the society may be exposed to loss,

will be subjected to prosecution in Court. If they are convicted, they will be punished like a person who is not a member of society. They would be subjected and liable to in respect of the like offence.

Dissolution of a Registered Society

According to the Society Registration Act, if the Registrar of Cooperative Societies or at least one-tenth of the society members moves a court of competent jurisdiction to close the society registered under the Act, the Court may order the dissolution of the society. The causes of dissolution are varied and can be one of the following:

• If the society has contravened any provision of the Act.
• If the number of society members falls below seven.
• If the society has ceased to function for more than three years.
• If the society is unable to pay its debts or meet its liabilities.
• If the society's registration has been cancelled because its activities or proposed activities have opposed public policy.

Our Assistance to get the Society Registration in India

We provide end to end assistance to get you Society Registration.

• Document collection
• Filing the Society Registration application
• Obtaining the Registration
• Delivering you Society Registration certificate

Thus, if you want to start a society, reach out to Registrationwala.

Frequently Asked Questions: Society Registration in India (FAQs)

Q1. How to get society registration certificate in India?

The procedure for registering a society entails the following steps:

1. Prepare the documentation
2. Fill out the application form
3. Submit the online or offline application
4. The application form will go through assessment
5. Get the Society registration certificate

Q2. Can you obtain Society renewal online?

Depending on the state, you can get obtain society renewal online.

Q3. How to get society registration certificate copy online?

To obtain society registration certificate copy, you need to:

1. Contact the authorities
2. You will obtain a receipt
3. Submit that receipt online to salvage the copy of society registration.

Q4. What are the documents required for society registration?

1. PAN card
2. Residential Proof
3. Bye-laws
4. Covering letter
5. Address Proof
6. List of the members of the society
7. Self-declaration from the president of the society
8. Duly filled society registration form.
9. Receipt of the society registration fees
   
   

Q5. Can you obtain Society registration certificate online?

There are many who ask the question – how to register a society online – and the answer is always the same. Yes, you can. However, the process varies from state to state.

Q6. How to register a society in Delhi?

The process of society registration in Delhi is similar to the process of incorporation of a society anywhere else in India. The steps are as follows

Q7. How to register a society online to establish a housing association?

The process of society registration would be the same. However, in the byelaws of the society, you must specify that housing association is the purpose behind your society’s incorporation.

Q8. What is the eligibility criteria for society registration?

One of the following should be your region behind incorporation of you society in India:

1. Grant of Charitable assistance
2. Promotion of Fine arts
3. Promotion of Science and Literature
4. Creation of Military orphan funds
5. Diffusion of political education
6. Maintenance or foundation of galleries or public museums
7. Maintenance or foundation of reading rooms and libraries
8. Promotion of diffusion and instruction of useful knowledge
9. Promotion of labour welfare with labour cooperative society registration