Registration of A Society
The main advantage of the registration of the society is that it will give legal authority and identity to the organization. It is also necessary because community will be able to know the legally authorized person of the organization and instead of meeting individually with all the members of the board individually they can meet a single person. It also prevents duplication and makes effective and specialized services possible. An organization can cope with intricacy and variety of modern problems as the lone individual cannot. The humanitarian organization with its board of directors, its paid staff, and its constituency can develop the benefits of group thinking and collective action. It can work out division of responsibility among these groups collectively and individually, so that each interested individual may serve as according to his ability. It can develop specialized functions, establish permanent and steadily improving standards of service and follow a continuous progressive policy independent of the life or death of any individual. It can secure public support and funds impossible for the individual to obtain and can conserve them through the years.
Advantages of Registration as Society
- Registration gives continuity and permanency to the work of the agency
- It has the advantage of group thinking
- It ensures collective action with division of responsibility
- An agency can sue or be sued as one person. It gives the benefit to the members of the organization of being relieved from unlimited personal financial responsibility for the organization
- It gives the organization recognition inside and outside the community
Every country has the law for registration. In India registration of a society can be made through Societies Registration Act, Indian Trusts Act, Cooperative Societies Act or any other similar legislation. Most of the organizations are registered under Societies Registration Act of 1860.
The Societies Registration Act of 1860
The following associations may be registered under the Act, Charitable societies, the military orphan funds, societies established for the promotion of science, literature or fine arts, for instructions, the diffusion of useful knowledge, the foundation or maintenance of libraries or reading rooms for general use among the members or to open the public museum and galleries of painting and other works of art, collection of natural history, mechanical and philosophical inventions, instruments, or designs.
Memorandum of association
Any seven or more person associated for any scientific or charitable purpose or for any such purpose indicates above , may by subscribing their names to a memorandum of association and feeling the same with the Registrar of Joint Stock Companies or any other officer appointed under the Act by the State government form a society.The memorandum of association should contain the following particulars.
(A).Name and Address of the Association- The selection of the name for the agency is very important. The following points may be kept in mind while selecting a name for an agency. The name should be simples It should be short so that it can be readily used It should be comprehensible It should indicate the broad purpose for which the organization is set up
(B). Purpose- The broad purpose for which the agency has been set up should be clearly stated.
(C). Membership Requirement- The constitution should also indicate the qualifications for becoming members of the agency. These may be:
- Financial provision that is paying a certain amount to the organization regularly. (There may be different type of membership depends upon the amount of money they contributed to the agency. There may be life members, active members, contributing members etc.)
- Minimum age limit for membership of (1) the general body, (2) the board.
- Special interest of a member in the agency’s programs
(D). Other particulars- The constitution should also deal with the following aspects:
Board of Directors, Office Bearers, Elections, Sub-Committees, Meetings, Official Year, Amendments to the constitution, Finances: maintenance and operation of the bank account
Constitution and Bye laws
The objects of an organization are to be broadly indicated in the constitution which also indicates the duties, powers and functions of the various limbs of the organization. Apart from the constitution, the agency also prepares bye laws or detailed rules and regulations governing the day to day working of an organization. A constitution is a brief statement setting forth the general organization of an agency without giving the details of procedures to be followed which are contained in the bye laws. Every staff member in the organization and the members of the board must have copies of constitution and the bye laws for ready reference.
Procedure for Registration
The registering society has to file with the Registrar a memorandum showing the name of the society, its object, names and address and occupation of the members of the governing body together with the rules and regulations of the society and a copy of the proceedings of the general meeting at which it was resolved to get the society registered.
The memorandum of association prepared in the manner indicated above signed by seven or more persons sponsoring the organization should be submitted along with the prescribed fees, to the Registrar who will record the name of the Society in the register to keep under the Act and issue a certificate of registration to the agency. Thereafter, the registered agency has to submit to the Registrar an annual list of the managing body and any other information required under the Act.
Any person interested in the affairs of the society can inspect any document or obtain a copy thereof from the office of the Registrar on payment of necessary fees. Upon such registration, all the property, movable and immovable, will become the property of the society, and all suits by or against the society will be commenced or defended in the registered name of the society. In case of the dissolution of the society, the court has to decide the steps to be taken for disposal of the property, for recovering its claims and for discharging its liabilities according to the rules of the society. Any modification in the constitution can be made only subject to the approval of the Registrar.