The Maharashtra Societies Registration Act, 1860

Maharashtra Societies Registration Act 1860 is an Act that enables the registration of scientific, literary, and charitable societies. The focus was especially laid on societies that sought to promote science, literature, and fine arts, spread useful knowledge, and conduct charity.

Although it seems like registering an apartment owners’ association doesn’t fall within the scope of this Act, the way to register such an association is through this Act. Once your association is registered, you can claim your rights and hold the entire apartment complex to account, while giving yourself the right to defend yourself legally in case of a dispute.

To be able to actually work with the Act, it’s essential that we understand its key features and provisions. Through this article, we’ll look at a few terms that you’ll need to understand the features, the salient features themselves, and what the Act means to the people involved.

Understanding The Terms Used In The Act

Memorandum Of Understanding

The charter of the society, Memorandum Of Association comprises the name and objectives of the society, the address of the registered office of the society, names, occupations, and addresses of the governing body, as well as the names, addresses, and signatures of people subscribing to the Memorandum of Association.

Byelaws

Byelaws are laws made under a particular Act such as the Maharashtra Societies Registration Act 1860.

Governing Body

Governing Body comprises many different members such as governors, directors, councils, and trustees, who are made responsible and accountable for the affairs of the society, as per the Act.

The Key Features Of The Act

At least 7 Members To Be Present At The Registrar Office

Registering a society requires at least 7 members to be present at the Registrar office, which is the office of registration under the Maharashtra Societies Registration Act 1860. As you’re registering in Maharashtra, you’ll register with a Charity Commissioner. In all other states, you would have registered with a Registrar of Societies.

You Should Submit Documents Containing Vital Information

In terms of documentation, you’ll need:

• A Memorandum of Understanding
• The document should consist of all members’ name, address, and occupation, in addition to the rights and responsibilities, duties and power of all of the members and the governing body.
• The rules and regulations of the association put down in print as Articles of Association.

Note that you won’t require a stamp paper to register your society.

The Society Will Have To Create Byelaws

You’ll need to set down in a document the various rules and regulations, called byelaws, that will bind the association, and the objectives of the society. You can take help from the society of registrar to understand more clearly as to how you can go about creating byelaws. Other persons whose help you can take are the auditor, attorney, and lawyer.

On Regular Elections To The Governing Body

Each member of the society has the opportunity to get elected once every 3 years or as said in the Maharashtra Societies Registration Act 1860. The Governing Body manages the society. The members of the body, though, are recycled after every election.

On Regular General Meetings And Affairs Of The Governing Body

The Act mandates that the Governing Body meeting and the annual general meeting be held regularly and without fail. The Governing Body will stand responsible for managing the affairs of the society.

Follow All The Steps – Offences Can Cause Penalty

All the different members, including Governing Body members, directors, and councils, have to provide accurate information in terms of names, occupations, and addresses. If found disingenuous on this front, proved to be willfully submitting false information, or turned negligent in submitting audited finance reports, you are liable to be penalized as per the rules of the society.

What The Act Means To The People Involved

The apartment owners and others seeking to create a society will find the process of registering societies through the Maharashtra Societies Registration Act 1860 quite easy.