Society requires a minimum of seven individuals to come together and may be wound up if three-fifths of the members of the general body so desire. Societies are registered under the Society Registration Act.
While this is an all-India Act, each state has its own variations.
In Maharashtra and Gujarat, for example, all societies must also simultaneously be registered as trusts under the Bombay Public Trusts Act, 1950.
As per the law “every society registered under the Societies 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.” However, “if judgment shall be recovered against the person or officer named on behalf of the society, such judgment shall not be put in force against the property or against the body of such person or officer, but against the property of the society.” Section 20 of the Societies Registration Act lays down that charitable societies and societies registered established for the promotion of science, literature or the fine arts may be registered under that Act. A society registered under the said Act is a legal entity apart from its members and under Section 6 of the said Act, it can sue or be sued in the name of its President, Chairman, Secretary or members of the governing body of Trustees. In Secretary of State India v. Radha Swami Satsangh it was held by the Bombay High Court that the registration of a charity under the Societies Registration Act, 1860 was a prima facie evidence of valid dedication of property for charitable purposes. Ngo registration can be processed under religious as well as charitable trust or society.
society registration of an ngo
An NGO may be formed as a society.
ngo may be formed as a society
A society may be defined as a company or an association of persons (generally unincorporated) united together by mutual consent to deliberate, determine and act jointly for the same common purpose.
As per the Societies Registration Act, 1860, (see Annexure 2, VI), a society can be formed by minimum seven (or more) persons, eligible to enter into a contract, for any of the following purposes:
1. Grant of Charitable assistance;
2. Creation of military orphan funds;
3. Promotion of science, literature or the fine arts; instruction and diffusion of useful
knowledge, diffusion of political education, foundation or maintenance of libraries or reading rooms for general use of the members of the public, public museums and galleries of paintings and other work of art, collections of natural history, mechanical and philosophical inventions, instruments or designs Besides, the State Governments are empowered to add more objects to the above list.
The chief advantage of forming society is that it gives a corporate appearance to the organization, and provides greater flexibility as it is easier to amend the memorandum and bye-laws of the society that in case of a trust, terms of which are strictly manifested in the trust deed.
