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Gujarat Society Registration

Gujarat Society Registration

Gujarat Society Registration

Society is an organised group of people with the prime motives of offering non-profitable services for the welfare and development of society. Registration of such societies is necessary to have a legal identity and to be eligible to avail tax-exemption benefits. In this article, we look at the procedure for registering a society under Gujarat Society Registration Act, 1965 in detail.

The Societies Registration Act, 1965

In India, Societies are registered under the Societies Registration Act, 1860 that governs the operations of societies. When applying to the State of Gujarat, the act was amended for certain purposes by inserting a new section. This act is called the Societies Registration (Gujarat Amendment) Act, 1965 under which the societies are registered in Gujarat. The act extends to the whole of the State of Gujarat.

Societies under Societies Registration Act, 1965

Societies established for the following purposes can be registered under The Gujarat Societies Registration Act.

  • Promotion of charitable activities.
  • Promotion of educational, science, art, literature, or the fine arts.
  • Promotion of sports
  • Diffusion of knowledge pertaining to commerce and industry
  • Political education training
  • Preservation/collection of historical monuments, technical and philosophical research.
  • Maintenance of library

Gujarat Society Registration

Some major aspects of Gujarat society registration are discussed below.

Who can apply?

  1. Any person desiring to register a society with an objective of charity can apply for the registration.
  2. Self-Help Groups are formed to help the group members start a business / an occupation/trade by lending money. Such activities are considered as business activities and not charitable activities, and thus such organisations do not fall under the purview of Societies Registration Act to be registered.
  3. The societies whose aims and objectives are confined to the welfare and interest of its members only such as Pensioners Association, Housing Societies etc. do not come under the scope of Societies Registration Act.

Conditions to Register a Society

  • The society other than a society of which the State Government is a member should be formed with at least seven persons.
  • The seven persons should be above the age of 18.

Competent Authority

As per the Gujarat Societies Registration Act, 1965 the District Registrars of Co-operative Societies appointed by the State Government of Gujarat is the competent authority for the registration of societies. Additional Joint Deputy or Assistant Registrars will be appointed to assist the Registrar if required. Society can be registered in the Registrar Office of the District where the society is intended to be established.

Powers of Registrar

The Registrar is the authorised officer to have access to any information or returns furnished relating to persons employed by the society, their employment conditions and related matters. The Registrar is vested with the power to make the society ineligible under this act if not satisfied or non-compliance with the requirements.

Requisites for Society Registration

Name of the Society

The society to be registered should select a unique name. The Societies Registration Act, 1960 does not allow a name that already exists to be registered for a Society.

The name of the society should not resemble the name of any country, state, local authority or that is prohibited under the Emblems and Names Act, 1950.

A Society should not contain any of the following words: – “Indian”, “National” or the name of the “National Figures” as per the instructions issued by the India Government.

Memorandum of Association

The memorandum of association must be filed to the Registrar. Seven members of the society or the individuals associated with the society should sign the memorandum of association along with the date. The memorandum of association should comprise the following particulars:

(a) The name of the association

(b)  The object of the association

(c) The address of the registered office of the association

(d) The names of the first members of the Governing Body

(e) The name of addresses and occupations of the signatories to the memorandum

Byelaws of Association

The copy of Rules and Regulations comprise matters or questions relevant to the following.

  1. The manner in which the members of the Governing Body, the President, the Secretary and other officers are elected, appointed, removed or resigned.
  2. The office term of the members of the Governing Body, the President, the Secretary and other officers.
  3. The manner of admission of members and their resignation or removal.
  4. The maintenance of the membership register and facilities for inspection of the same.
  5. The custody of the property of the society.
  6. The procedure for holding the society meetings, the notice period for meetings and the manner of voting.
  7. The maintenance and audit of accounts
  8. The inspection of accounts and proceedings of meeting by the members of the society
  9. Any other matter related to the affairs of the organisation.

 Note: The memorandum and the rules and regulations of the society can be printed or typewritten, and each subscriber to the memorandum of association should sign the same in the presence of at least one witness. The witness who attests the signature should add his or her address, description and occupation.

Filing the changes:

Changes to the memorandum of association and the rules can be done under the act. In case of making any changes in the rules of the society, a copy of every alteration made must be certified to be a correct copy by at least three members of the governing body. The certified copy must be sent to the Registrar within thirty days of making such alteration.

Similarly, the Registrar will sanction any alteration of the memorandum of association if satisfied. Such changes will not come into effect if the Registrar is not satisfied under the act.

Annual General Meeting

Every society should hold an annual general meeting at least once every year and not more than fifteen months between 2 such successive meetings.

Audits

The accounts should contain all the particulars as prescribed by the rules and should be maintained in the form as approved by the Registrar. The accounts should be audited annually and must be balanced before the 31st March of each year or any other day fixed by the Registrar.

Documents Required for Gujarat Society Registration

  1. A signed copy of Form – A for Registration with the signature of minimum 7 persons who are eligible for becoming a member of the Society
  2. Certified copy of the resolution
  3. Four copies of proposed bylaws of the Society (with the signature of all members)
  4. Certificate granted by the police stating that the main promoter and members signing the application are not involved in criminal activity.
  5. List of members with a contribution towards share capital & admission fee
  6. Certificate by District Central Bank regarding bank balance
  7. Project report
  8. No Objection Certificate (NOC) from other societies working in the area of operation (Not required if the same type of society is not existing in the area of registering society).
  9. A certificate stating that the promoters belong to different families and reside in the area of operation of the Society (Certified copy of the Certificate by Talati / Chohra)

Processing Time

The process of registering a society in Gujarat extends for 60 Days from the date of application.

Application Process for Gujarat Society Registration:

The application for the society registration should be made in Form A and should be submitted at the District Registrar office. The office superintendent scrutinizes the application and the forward it to the District Registrar. If the application is complete, the senior clerk issues an order for field inspection. In other cases, the applicant will be requested for clarification or additional documents. The field inspector on completing the inspection will submit the field report. Based on the scrutinized report, the District Registrar approves or rejects the application and issues final registration or rejection of the society. The stamped documents and by-laws are returned to the applicant.

A copy of fillable application form for the registration of a society is provided below.

Gujarat Society Registration - Application form

Penalties

If the president, secretary or any other authorised person of the governing body of the society fails to comply
with the provisions of section 4 of the act,  a fine of Rs.500 will charged and if continuing the
breach, a fine of fifty rupees will be levied for each day.

Any person who wilfully furnishes false information or omits from the copy of rules or alters the rules sent to the Registrar will be punished with a fine of Rs.2000.

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