The Delhi Societies Registration Act,1860
If you’ve been planning to form a society in Delhi, for promoting literature, fine arts, science, the dissemination of useful, especially political education, or charity, you’ll have to register your society for it to be legally recognized. You can put your new society on a firm legal footing by simply following the provisions provided under the Delhi Societies Registration Act, 1860. Through the course of this article, you’ll come to understand the Act and its key features, using which you can confidently register your society.
First, let’s understand the different terms that have been used in this Act.
Understanding The Terms Used In The Act
Memorandum Of Association
Memorandum Of Association is the charter of the society. It contains the name and objective of the society, the place 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.
Affidavit
An affidavit is a written document comprising statement of facts, made voluntarily under an oath or affirmation administered by a person authorized to do so by law.
The Key Features Of The Act
You’ll Need To Submit Some Documents For Registering Your Society
The documents are:
- A letter requesting the concerned authority for the registration of your society under the Delhi Society Registration Act, 1860
- Two copies of the Memorandum of Association, which should specify the name and objective of the society, the names, addresses, and occupations of all the members of the governing body that is entrusted with the management of affairs. You need to file a copy of the rules and regulations of your society as well, which should be confirmed as correct by at least 3 members. Take two copies, just in case.
- The residence proof of all the members involved in the society
- Affidavits on a Rs. 2 stamp paper by the President/Secretary of the society regarding the name of the society.
- No objection certification on a Rs. 2 stamp paper and a proof of ownership of the registered office of the society, such as leased/general power of attorney coupled with electricity bill/ration card. In case of a government quarter, an allotment letter will do.
Give Your Society A Name That Isn’t In Conflict With The Law
Naming your society is tricky, as you’ll have to take care of a few legal considerations. For example, the name of your society shouldn’t evoke the Emblems and Names (Prevention of Improper Use) Act, 1950. There are quite a few names listed under this Act that you shouldn’t be using, such as that of national heroes. Also ensure that you don’t use the name of another registered society, and keep away from names that suggest obscenity or indecency.
The Eligibility Of Society Members Is Wide!
Besides individuals, partnership firms, registered societies, limited companies, and foreigners are eligible for subscribing to the Memorandum of a society.
Members’ Signatures Should Be Appended In The Presence Of A Designated Officer
Ensure that all the members forming the society sign the memorandum in the presence of the Oath Commissioner, Gazetted Officer, Notary Public with Rs. 3 stamp affixed, Chartered Accountant, Advocate, or a Class I Magistrate with the official seal.
Keep Proof Of Competence Ready If You’re Looking To Manage A Place Of Worship
If the society you’re now registering is looking to manage an existing place of worship or even refers to it in a similar vein, you need to provide documentary proof that says you’re legally competent to do that.
Ensure All Members Carry An Identity Proof
Every person who is a part of the hopefully soon-to-be registered society should carry an Identity Proof with him or her. It could be an election card, ration card, or any other ID proof.
Require The Signatures Of Three Office Bearers
Three office bearers should sign on every single page of the Memorandum of Association and the copy of the rules and regulations.
Registration Fee is Rs. 50
After the formalities are complete, and that Registrar has approved your application, you have to pay a registration fee of Rs. 50.
What The Act Means For The People Involved
- The procedure for registering a society is quite simple. The members don’t have to undergo much hassle in order to register their society.
There is a lower limit on the number of members that can come together to form an association. A state-level association should have at least 7 members and a national-level association, on the other hand, should have at least 8 members of different states.
