Societies Registration Act, 1980

Societies Registration Act, 1980 is a crucial legislation enacted by the Government of India to regulate and facilitate the registration of societies in the country. Introduced to streamline the process of forming and managing societies, this act provides a legal framework for the establishment, functioning, and dissolution of various types of societies, including charitable, educational, cultural, and literary organizations. In this article, you will learn about Societies Registration Act, 1980, Objective & Significance, Purpose, etc.

This article will provide key insights for GS Paper-II Polity and Governance of UPSC IAS Exam.

Table of Content

• What is the Societies Registration Act, 1980?       
• Objective & Significance of the Societies Registration Act, 1980
• Purpose of the Societies Registration Act, 1980
• Procedure for Registration of Societies
• Selecting a Name for the Society
• Memorandum and Rules and Regulations
• Renewal of society
• Appellate body
• Conclusion          
• Frequently Asked Questions        
• Reference           

What is the Societies Registration Act, 1980?

• The Societies Registration Act, 1860 was a legislation introduced by Britishers in India that allowed the registration of entities or organisations involved in the benefit of society through activities such as education, health, employment etc.
• The Society Registration Act 1860 has enabled such organisations to acquire a juridical structure and legal recognition.
• The Society Registration Act was established and made effective in 1860 during the pre–independence era of India.
• Since then, many State governments have adopted the Act with some modifications.
• Example: Karnataka had introduced the Society Registration Act, 1960 to incorporate specific amendments to the original Act.

Objective & Significance of Societies Registration Act, 1980:

• The aim of the Act was to facilitate effective organization, governance, and coordination within a group to accomplish the Society’s purpose in an orderly manner.
• Under the Right to Information Act of 2005, every Indian citizen has the right to access information related to any Society.
• Getting a Society registered is not obligatory.
  • But registration, grants some legal privileges.
• Registration gives a Society, the status of a separate legal entity.
• Society has the right to sell, buy, rent or lease property by itself.
• A registered Society can enter contracts or borrow money from a bank in its own capacity.
• It allows companies to engage in any legal actions including to sue someone or get sued.

Purpose of the Societies Registration Act, 1980:

• Fosters the advancement of arts, science, and literature
• Imparts the practical knowledge to benefit the community
• Spreads the political education for increased awareness
• Extends the charitable support to aid the needy
• Establishes the funds for the military and collecting resources for orphans
• Creates a foundation for libraries, art, cultural galleries, public museums, and more.

Procedure for Registration of Societies:

• The registration process for societies is managed by the respective state governments.
  • Thus, the application for registration should be directed to the authority authorized by the State such as the registrar of joint stock companies.
• To register a Society, there must be at least 7 or moremembers in the association, regardless of whether they are Indian nationals, foreigners, companies, or registeredsocieties.
  • If the number of members anytime reduces below seven, the court can dissolve such a society.
• The “Members” is defined under the section 15 of the Indian Contract Act, 1872 which defines the eligibility criteria of members of the society such as above 18 years of age, mentally sound and competent among others.
• For registration of a housing Society, minimum 10 individuals must initiate the cooperative Society registration process.
• Before registering the Society, all members should reach a consensus on the Society’s name and draft the Memorandum of Rules and Regulations for the Society.

Selecting a Name for the Society:

• A Society seeking registration must choose a name that is distinct and not already used by any other registered Society.
• The selected name should not imply any affiliation or support from the respective StateGovernment or the Government of India.
  • Example: terms like State, Union, Co-operative, and similar cannot be included in the Society’s name.
• The names that fall under the purview of the Emblems and Names Act of 1860 are also ineligible for registration.

Memorandum and Rules and Regulations:

• While registering for a Society, the founding members shall prepare the Memorandum and the Rules and Regulations of the Society.
• Minimum three members of the governing body of the society need to certify the drafted rules and regulations of the society.
• Members shall submit documents that shall include their names, addresses, and designations along with the Society’s name and objectives.
• Such memorandum and rules and regulations shall be signed by at least seven members of the concerned society.
• These documents shall be signed in the presence of a witness, who can be a Notary Public, Gazetted Officer, Advocate, Chartered Accountant, Oath Commissioner, or Magistrate first-class.
• The official stamps of the witness and their addresses shall be affixed on the documents.

Renewal of society:

• A registered society, regardless of the commencement of this act, has to renew its certificate of registration for maximum five years at a time. 
• If the society was registered before the commencement of Act, the Registrar holds the right to deny renewal of certificate on grounds mentioned in the Act.
• If the society fails does not renews its certificate of registration within one year from the expiration of the period for which the certificate was operative, then that society becomes an unregistered society.

Appellate body:

• Any dispute amongst the members of the society shall be resolved by the Principal court of original jurisdiction of the district where the headquarters of the society is situated. 
• In TP Daver Vs. Lodge Victoria case, the jurisdiction of courts to interfere in cases related to expulsion of a member from the organization is limited.
  • Also, the Court’s enquiry is limited in case where it has to decide whether the decision making is within the rules.
  • The Courts cannot pass a judgement in case of appeal over the decisions of the organization.

Conclusion

The Societies Registration Act of 1980 stands as a pivotal legislative framework in India, aimed at facilitating the formation and regulation of societies. It has played a crucial role in promoting the development of various social, cultural, educational, and charitable organizations across the country. However, its efficacy is subject to continuous evaluation and refinement, especially in the context of evolving societal needs and administrative requirements. In conclusion, while the Act serves as a cornerstone for societal organization and governance, there is a constant need for its adaptation to contemporary challenges, ensuring transparency, accountability, and effectiveness in the functioning of registered societies.

Ref: Source-1

FAQs (Frequently Asked Questions)