In the legal purview, Society refers to a pool of individuals the cohesively work to serve a common goal. As per the provision of the Punjab Societies Registration Act, 1860, the Society’s registration can be done via the registrar office situated in the respective jurisdiction. We have penned down all the vital information such as registration and documentation related to the Punjab Society Registration in this write-up.
What are the fundamental objectives of the Society Registration in India?
In the purview of the Societies Registration (Punjab) Act, 1860, Society refers to a horde of people who act cohesively with an aim to;
- Advocate education in desirable areas
- Effectively maintain library mainly accessible to masses
- Promote Khadi & rural-based industry
- Preserve craftsmanship, work of art, and natural history
- Procure Military orphan funds
- Spread valuable knowledge related to the various field, including political education
- Built and maintain public libraries
- Facilitate funds to the needy ones
- Built and Preserve gallery of paintings & works of art
- Built and Preserve public museums.
- Conserve natural resources through relevant initiatives
- Restore building and old constructions having historical significance
Legalities for Naming Societies in India
All societies aiming to register a certain name have to align with the norms of the Emblems and Names (Prevention of Improper Use) Act, 1950[1]. The said Act has a long list of names that are non-registerable in nature. Therefore, it is better to refer to the same to avoid any likelihood of dispute in the future. The Emblems and Names (Prevention of Improper Use) Act, 1950, prevents societies from selecting any name that hampers the integrity of the nation or the interest of the masses. Â
Fundamental Bylaws of the Registered Society
A bylaw for society registration mainly governs the following facets of the registered societies in India.
- Undertakings to be performed by the Society
- Internal Affairs of the Society such as quorum, a delegation of powers, obligations of the members, and so on
- Appointment, removal, or election of the office-bearers
- Termination or election of the members
- Winding up of the Society
- The financial framework of the Society covers all essential aspects, including the type of funds and member’s liability for the discharge of debts.
- Dispute Settlement
An Overview on Memorandum of Association for the Registered Society
Drafting a Memorandum of Association (MOA) is a mandatory pre-registration requisite for societies aiming to register under the Societies Act, 1860. The MOA must entail the following details of the Society.
- Society Name
- Location of the registered office
- Key objectives of the Society
- The names, address, occupation, & designation of the active members of the “Governing Body” to whom the Society’s management is entrusted as required u/s 2 of the Societies Registration Act, 1860.
- Signature of the seven members serving the Society
- Name, address, designation, & Signature of the founding members ( at least seven) of the Society
- Rules and regulations of the Society
- Membership norms pertaining to founder life members, life members, and honorary members.
- Membership norms relating to the admission fee, refusal, withdrawal, and cessation.
- Rights as well as privileges of members
- Obligations of the members and office-bearers
- Audit
- Tenure
- Legal proceeding
In general, the MOA entails the following clauses:
Details to be submitted in the application for Punjab Society Registration
- The copy of the norms & provisions enclosing the Signature of at least 7 founding members of the governing body
- A copy of the Notary-attested General meeting’s proceeding manifesting the members’ consent for the society registration. It must enclose the Signature of the responsible office-bearer
- Two Independent documents such as a copy of rules and regulations and MOA
- The receipt of an amount of Rs 500 submitted as a registration fee to the concerned department
- Self Attested photos, name, address, designation, Signature of the active members of the Governing Body.
- Area of operation
- Undertaking reflecting that Society has a clear track of a legal conduct
Mandatory Documentation for the Society Registration
Following are the documents that are mandatory for the society registration in Punjab.
- Four copies of Society’s By-laws
- The bank certification manifesting the credit balance in favour of the Society
- A list of individuals who have made a contribution towards Society in terms of the capital amount & entrance fee
- A scheme’s copy enclosing the details highlighting the Society’s sustainability & economic growth and the future plan of acquiring/transferring/purchasing of an immovable property
- A copy of the resolution approved at the promoter’s meeting for the appointment of Chief Promoter, enclosing the Signature of the promoters
Punjab Society Registration: Step by Step Process
The State Government of Punjab registered the proposed societies via the assistant Registrar of the respective jurisdiction.
Step 1: Draft MOA and bylaws of the Society in line with the provisions cited under the Society Registration Act.
Step 2: Convene the board meeting for the approval of the name and registration of the Society. The members must render their approval via Signature on the board resolution.
Step 2: To avail a Punjab Society Registration, apply in the prescribed application accompanied with the aforesaid documentation & the affidavit in the format recommended under the bylaws.
Step 3: Lastly, the applicant must submit the documents described above to the office of Additional Registrar of the respective jurisdiction.
Conclusion
Punjab Society Registration is a straightforward legal undertaking, provided you stay in line with the requisites above. Drafting MOA is perhaps the most critical and vital chore in this process. Most of the entities make endless mistakes here, which lead to the cancellation of the registration application. If you intend to avail of the Society registration in one go, you must consult the field experts while drafting the MOA.
Read our article:What is Multi-State Cooperative Society?
