Maharashtra Society Registration
Maharashtra Society Registration
Societies must be registered with the state Registrar of Societies having authority. Various states had adopted the Societies Registration Act 1860 that governs the operations of societies in India. Societies must be registered in order to be eligible to avail tax- exemption. In this article, we look at the process and procedure of registering a society in the State of Maharashtra in detail.
Societies Registration Act, 1860
The Societies Registration Act is a legislation under which a society is registered and formed by Memorandum of Association. Under this Act, societies are formed by a minimum of seven members. The Act does not prohibit the governing council or the managing committee to be the citizens of India, i.e. anyone can be the member of a society.
Registrar of Societies
The State Government of Maharashtra appoints Registrar or Assistant Registrar of Societies who are authorized to register society under the provisions of the Society Registration Act,1960.
Selection of Name
The name of the society to be registered should be unique. The Societies Registration Act, 1860 does not permit an already existing name 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.
Memorandum of Association
The Rules and Regulation and the memorandum of association must be registered. Seven members or more persons (national level society) associated with the society should sign the memorandum of association and also it should be dated. The memorandum of association has to be filed with the Registrar of Societies. The memorandum of association should constitute the following:
- The name of the society
- The object of the society
- The names, addresses, and occupations of the governors, council, directors, committee, or other governing body to whom the management affairs of the society is handed over under the rules of the society.
- A copy of the rules and regulations of the society that is certified to be correct by at least three members of the governing body should be filed with the memorandum of association.
Registration Fees
Registration of society under the Act involves a fee of Rs.50 or a smaller fee as directed by the Government from time to time. The fee should be made to the Registrar along with the memorandum of association as per section 3. All fees so paid will be accounted for to the State Government. No stamp paper is required for society registration.
If a society is formed with the purpose of running an educational institution in any area in which the Central Provinces and Berar Vidya Mandir Act, 1939, is in force, fee for registration of such society is not required to be paid.
Annual Filing
Each designated persons will be elected by election once in 3 years or as specified by the society by-laws. Every year in the month of January, information or returns relating to the persons listed by the society under section 4 must be filed to the Assistant Registrar either by registered post or by visiting the office of the Assistant Registrar.
Documents Required
The list documents to be furnished for registering a society in Maharashtra are provided below.
- Covering Letter Schedule-A
- Memorandum of Association with Identification (Each page should be signed by three members of the managing Committee) Schedule-B
- Rules and Regulations (Each page should be signed by three members of the managing Committee) Schedule-C
- Consent letter of all members Schedule-D
- Authority Letter Schedule-E
- Self-Declaration or Affidavit Schedule-F
- Resolution
- No objection certificate of office address
- Office address proof(Electricity bill etc.)
- Photographs(separately)
- Identity Proof of all members(Commonly and separately) Aadhar Card & Pan cards
List of Documents to establish as proof of identity for members of Societies can be:-
- PAN Card
- Voter Identity Card.
- Citizen ID.
- Passport up-to valid dtd.
- Driving license up-to valid dtd.
(Two self-attested photocopies of each)
List of Documents for address proof of Societies (NGO) can be:-
- The Latest electricity bill & Pan Card with name of any individual for office address.
(Two self-attested photocopies of each)
- One passport size original photo of the applicant.
Email Address: Valid Email Address is required for registration of user in the system.
Maintenance of Accounts under Section 12D
Every governing body entrusted with the management of the society affairs should keep regular accounts of the following.
- All receipts and payments
- Movable and Immovable property
- All encumbrances created on the property of the society
- All loans taken or advanced on behalf of the society.
The account should contain all such particulars of income and expenditure in Schedules III and IV to facilitate the creation of the balance sheet as per the Registrar’s opinion.
Audit of Accounts
The Governing body of a society should annually get the accounts audited in the prescribed manner.
If the gross annual income of the society is more than Rs. 5,000, accounts are to be audited by a Chartered Accountant.
If the gross annual income of the society is Rs. 5,000 or less, a person authorized by the State Government under sub-section (4) of section 12D or a Chartered Accountant will audit the accounts.
Registering a Society
In Maharashtra, online society registration has been facilitated. In case of offline submission, visit the Registrar office.
Step 1: Create Account
To register online, creating an user account is essential.
To create an account, click here.
Select the account type as ‘Society’ and enter the required details. Then click ‘Create User’.
Step 2: Login
To register online, visit the official website of Co-Operations, Marketing and Textiles Department, Maharashtra. Click Login on the top of the home page.
Step 3: Enter the login id and password that redirects to the online portal containing the application form.
Step 4: Fill out the following details.
- Registration Details
- Basic Details
- Address during Registration
- Other Contact Details
- Society Member Profile
- Society Management Profile
Step 5: Upload Documents
Click Upload button to upload the documents. Once the entire file are successfully uploaded, a confirmation message appears on the screen. Click Submit to submit the application.
Updating Society Registration Details
To update the society registration details, click ‘Update Profile’.
Society Registration Certificate Status
A registered society can apply for the certification. To check the status of Society Registration Certificate, enter the required society details and click search. The status can be checked.
Society Registration Download Certificate:
To download the Society Registration Certificate, enter the required society details and click Download.
