Club registration/Society registration/Association

[“Documents required for Club registration/Society registration”]
• Identity Proof of all members and two witnesses.
• Residence Proof of all members and two witnesses.
• Ownership proof and Rent agreement of office premises
• No objection certificate from the owner of accommodation for office
• One passport size photographs of all members and witnesses.

Any seven or more persons associated for any Literary, Scientific, or Charitable purpose, may, by subscribing their names to a Memorandum of Association and filing the same with the Registrar of Societies form themselves into a Society under the Societies Registration Act, 1860.

As per Section 20 of the Societies Registration Act, 1860 the following societies may be registered under the said Act.
“Charitable societies, the military orphan funds or societies established at the several presidencies of India, societies established for the promotion of science, literature, or the fine arts for instruction, the diffusion of useful knowledge, the diffusion of political education, the foundation or maintenance of libraries or reading rooms for general use among the members or open to the public, or public museums and galleries of paintings and other works of art, collections of natural history, mechanical and philosophical inventions, instruments, or designs.”

(3) Points to be kept in mind while forming a society:-

(i) The Emblems Act,1950 prohibits the use of any name, emblems, official seal etc. as specified in the Act without previous permission of competent authority. It also prohibits the use of the name of national heroes and other names etc. mentioned in the Act. The Societies intending to seek registration are advised to consult this Act also before proposing the name etc. for registration.

(ii) If the proposed name is identical with that by which any other society has been registered or resembles such name which is likely to deceive the public or the member of society, such name may be avoided. Names of all the the public and prospective applicants to check the availability of names.

(iii) The Memorandum of Association shall contain the following details e.g.:-
The name of the society;
The objects of the society;
The names, addresses, and occupations of the governors, council, directors, committee, or other governing body to whom by the rules of the society, the management of its affairs is entrusted.

(iv) A copy of the rules and regulations of the society, certified to be a correct copy by not less than three of the members of the governing body, shall be filed with the memorandum of association.

(4) MODEL – MEMORANDUM OF ASSOCIATION
The memorandum of association may be prepared according to the model memorandum of association given below:-

MEMORANDUM OF ASSOCIATION
1.Name of the Society : The name of the Society shall be —————————————————

2. Registered Office :- The office of the Society shall remain in the National Capital Territory of Delhi and at present is at the following address:-
——————————————————————————————————

3. Aim and Object :- The aim and objects for which the Society is established are as under :-
(a) ————————————————–
(b) ————————————————–
(c) ————————————————–
(d) ————————————————–
and so on

NOTE: Please add this clause in the memorandum after completing the objects.
All the income, earning, moveable, immovable properties of the societies shall be solely utilized and applied towards the promotion of its aim and objects only set forth in the memorandum of association and no profit thereof shall be paid or transferred directly or indirectly by way of dividends, bonus, profits or in any manner whatsoever to the present and past member of the society or to any person claiming through any or more of the present or past member.
No member of society shall have any personal claim on any moveable or immovable properties of the society or make any profit, whatsoever by virtue of his membership.

Every society registered under this Act may sue or be sued in the name of the president, chairman, or principal secretary, or trustees, as shall be determined by the rules and regulations of the society and, in default of such determination, in the name of such person as shall be appointed by the governing body for the occasion.
Provided that it shall be competent for any person having a claim or demand against the society,to sue the president or chairman, or principal secretary or the trustees thereof, if on application to the governing body some other officer or person be not nominated to be the defendant.

Types of Societies Registered under Societies Registration Act, 1860

CODE NO. CATEGORY
01 WELFARE SOCIETY
02. SOCIAL WELFARE
03. NATURAL ENVIRONEMNT & POLLUTION CONTROL
04. LITERACY SOCIETIES
05. SCIENCE/HEALTH / RESEARCH
06. RESIDENTS WELFARE SOCIETIES
07. GAMES / SPORTS
08. FINE ARTS
09. CULTURAL
10. EDUCATIONAL SOCIETIES
11. MEDICAL & HOSPITAL
12. RELIGIOUS
13. CHARITABLE
14. MISC.

5. Property of society how vested.− The property, movable and immovable ,belonging to a society registered under this Act, if not vested in trustees, shall be deemedto be vested, for the time being, in the governing body of such society, and in allproceedings, civil and criminal, may be described as the property of the governing bodyof such society by their proper title.

6. Suits by and against societies.− Every society registered under this Act may sue or be sued in the name of the president, chairman, or principal secretary, or trustees, as shall be determined by the rules and regulations of the society, and, in default of such determination, in the name of such person as shall be appointed by the governing body for the occasion:

Provided that it shall be competent for any person having a claim or demand against
the society, to sue the president or chairman, or principal secretary or the trustees thereof, if
on application to the governing body some other officer or person be not nominated to be the
defendant.

7. Suits not to abate.− No suit or proceeding in any Civil Court shall abate or discontinue by reason of the person by or against whom such suit or proceedings shall have been brought or continued, dying or ceasing to fill the character in the name where of he shall have sued or been sued, but the same suit or proceedings shall be continued in the name of or against the successor of such person.

8. Enforcement of judgment against society.− If a judgment shall be re covered against the person or officer named on behalf of the society, such judgment shall not be put in force against the property, movable or immovable, or against the body of such person or officer, but against the property of the society.
The application for execution shall set forth the judgment, the fact of the party against whom it shall have been recovered having sued or having been sued, as the case may be, on behalf of the society only, and shall require to have the judgment enforced against the property of the society.

9. Recovery of penalty accruing under bye-law.− Whenever by any bye-law duly made in accordance with the rules and regulations of the society, or, if the rules do not provide for the making of bye-laws, by any bye-law made at a general meeting of the members of the society convened for the purpose (for the making of which the concurrent votes of three-fifths of the members present at such meeting shall be necessary), any pecuniary penalty is imposed for the breach of any rule or bye-law of the society, such penalty, when accrued, may be recovered in any Court having jurisdiction where the defendant shall reside, or the society shall be situate, as the governing body thereof shall deem expedient.

10. Members liable to be sued as strangers – Recovery by successful defendant of costs adjudged.− Any member who may be in arrear of a subscription which, according to the rules of the society he is bound to pay, or who shall 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 for the damage accruing from such detention, injury or destruction of property in the manner hereinbefore provided.

But if the defendant shall be successful in any suit or other proceeding brought
against him at the instance of the society, and shall be adjudged to recover his costs, he may elect to proceed to recover the same from the officer in whose name the suit shall be brought, or from the society, and in the latter case shall have process against the property of the said society in the manner above described.

11. Members guilty of offences punishable as strangers.− Any member of the society who shall steal, purloin or embezzle any money or other property, or willfully and maliciously destroy or injure any property of such society, or shall forge any deed, bond, security for money, receipt, or other instrument, whereby the funds of the society may be exposed to loss, shall be subject to the same prosecution, and, if convicted, shall be liable to be punished in like manner as any person not a member would be subject and liable to in respect of the like offence.

12. Societies enabled to alter, extend or abridge their purposes.− Whenever it shall appear to the governing body of any society registered under this Act, which has been established for any particular purpose or purposes, that it is advisable to alter, extend or abridge such purpose to or for other purposes within the meaning of this Act, or to amalgamate such society either wholly or partially with any other society, such governing body may submit the proposition to the members of the society in a written or printed report and may convene a special meeting for the consideration thereof according to there gulations of the society.

But no such proposition shall be carried into effect unless such report shall have been delivered or sent by post to every member of the society ten days previous to the special meeting convened by the governing body for the consideration thereof, nor unless such proposition shall have been agreed to by the votes of three-fifths of the members delivered in person or by proxy, and confirmed by the votes of three-fifths of the members present at a second special meeting convened by the governing body at an interval of one month after the former meeting.

13. Provision for dissolution of societies and adjustment of their affairs – Assent required − Government consent.− Any number not less than three-fifths of the members of
any society may determine that it shall be dissolved, and thereupon it shall be dissolved
forthwith, or at the time then agreed upon, and all necessary steps shall be taken for the
disposal and settlement of the property of the society, its claims and liabilities, according to
the rules of the said society applicable thereto, if any, and, if not, then as the governing body
shall find expedient, provided that, in the event of any dispute arising among the said
governing body or the members of the society, the adjustment of its affairs shall be referred
to the principal Court of original civil jurisdiction of the district in which the chief building of
the society is situate; and the Court shall make such order in the matter as it shall deem
requisite:

Provided that no society shall be dissolved unless three-fifths of the members
shall have expressed a wish for such dissolution by their votes delivered in person, or by
proxy, at a general meeting convened for the purpose:

Provided that 6[6][whenever any Government] is a member of or a contributor to, or
otherwise interested in, any society registered under this Act, such society shall not be
dissolved 7[7][without the consent of the Government of the Province of registration].

14. Upon a dissolution no member to receive profit − Clause not to apply to joint stock
companies.− If upon the dissolution of any society registered under this Act there
shall remain after the satisfaction of all its debts and liabilities any property whatsoever,
the same shall not be paid to or distributed among the members of the said society or any
of them, but shall be given to some other society, to be determined by the votes of not
less than three-fifths of the members present personally or by proxy at the time of
dissolution, or in default thereof, by such Court as aforesaid:
Provided, however, that this clause shall not apply to any society which shall have
been founded or established by the contributions of shareholders in the nature of a Joint stock
Company.

15. Member defined − Disqualified members.− For the purposes of this Act a member
of a society shall be a person who, having been admitted therein according to the rules and
regulations thereof, shall have paid a subscription or shall have signed the roll or list of
members thereof, and shall not have resigned in accordance with such rules and
regulations; but in all proceedings under this Act no person shall be entitled to vote or to be
counted as a member whose subscription at the time shall have been in arrear for a period
exceeding three months.

16. Governing body defined.− The governing body of the society shall be the
governors, council, directors, committee, trustees or other body to whom by the rules and
regulations of the society the management of its affairs is entrusted.
8[8][16-A. Supersession of governing body of a society.− (1) Notwithstanding anything
contained in the memorandum of association, rules or regulations of a society registered
under this Act, if, after such inquiry as may be necessary, the Provincial Government is
of the opinion that the governing body of the society −
(a) is unable to discharge or persistently fails in discharging its duties, or
(b) is unable to administer its affairs or meet its financial obligations, or
(c) generally acts in a manner contrary to public interest or the interests of the
members of the society,