The West Bengal Societies Registration Act, 1961
West Bengal Societies Registration Act enacted by the legislative assembly of West Bengal in the year 1961 relates to registration of societies situated in the state promoting fine arts, crafts, charity, sports , literature, culture or any other public service connected matters.
Definitions used in the Act:
Governing Body: Governing body means any elected body entrusted with the overall management of the society under its regulation.
Court: Court as per the West Bengal Societies Registration Act, 1961 signifies the City civil Court established under the City Civil Court Act, 1953.
Member: Member as per the West Bengal Societies Registration Act, 1961 is any individual(s) or corporate bodies who have been admitted to be part of any society as members or removed from the same in accordance with society bye-laws.
Memorandum: Memorandum is understood as the first memorandum of association released at the time of formation of any society.
Officer: Officer means any person authorized by the bye-laws of the registered society to bring or defend or cause to be brought or defended any action or other legal proceeding.
Registered Office: Registered office means the official head office of the society as listed in the official documentation as submitted to the registrar while obtaining the license for operating of the society.
Registrar: Registrar as per the West Bengal Societies Registration Act, 1961 means the Inspector-General of Registration appointed under sub-section (1) of section 3 of the Registration Act, 1908 (Central Act XVI of 1908).
Voices of Three Fourth Members: Votes of the three fourths of the members means the voices given by at least three fourth of the members of the society resent at any general body meetings of the society.
Society: Any society that is registered or deemed to be registered under the West Bengal Societies Registration Act, 1961
Key Features of the Act:
Societies Which May be Registered Under the Act: According to the West Bengal Societies Registration Act, 1961, any seven or more persons forming a society for promotion of art, craft, charity, literature, culture or any other public purpose may be registered under the act. The society must not have any corporate association or any individuals associated with the same.
Memorandum and Bye-laws: For the successful registration of a society under the West Bengal Societies Registration Act, 1961, the application must be filled with the district registrar along with a memorandum of Association of the society and its bye-laws. The memorandum of understanding must include the name of the society, its aims and objectives along with the name, complete postal address and occupation of the members of the committee.
Society Office: From the day of filing the registration up to the twenty eighth day of registration, the society must have an operational office in the district of its registration. The society must have a name plate outside the premises in a language that is legible to all concerned. Every society must have its name engraved on its seal.
Register of Members: The society needs to maintain register with details of each member. The details must include the name, address, occupation along with the date on membership and specimen signatures of the concerned member.
Accounts and Records: Every society needs to keep its accounts and records in place along with the copy of its registered memorandum and its bye-laws. The financial accounts of all assets and liabilities and copy of audit reports must be available in the society head office at all times.
Society Committee: Each society needs to have a committee with a minimum of three members entitled to vote at the general body meeting of the society.
Supply of Society Balance Sheets: Each member must be supplied copy of the balance sheet and statement of accounts along with the auditor’s report each year.
Society Meetings: The frequency of society meetings must be clearly defined in the bye-laws and society meetings must be held as scheduled. The minutes of each meeting must be signed by the person chairing the meet.
What the Act Means for People Involved:
The West Bengal Societies Registration Act, 1961 clearly defines the rules and regulations for incorporation of any society in the state of West Bengal. The act gives clear guidelines about the type of society that can be registered and its functionality and objectives. The West Bengal Societies Registration Act, 1961 also gives guidelines for day to day functionality including financial transparency, society management and overall administration along with ways for dispute management.