Seminar on Legal Formalities related to Societies Registered under Rajasthan Societies Registration Act, 1958

An Overview of Rajasthan Societies Registration Act, 1958Committee for Cooperatives & NPO SectorsInstitute of Chartered Accountants of India

(Rajasthan Act No.28 of 1958)

Received the assent of the Governor on the 23rd day of June, 1958.

An act to provide for the registration of literacy,scientific,charitable and certain other societies in the State of Rajasthan.The Rajasthan Societies Registration Act, 1958

Societies that may be Registered

Societies established for-

Charitable purpose.Military orphan funds.Promotion of Khadi & Village Industry.Literature.Science or the fine arts.Instruction or diffusion of useful knowledge or political education.Foundation or maintenance or libraries or reading rooms for general use among the members or open to the public museums and galleries of paintings and other works of art, collection of natural history, mechanical and philosophical inventions, instruments or designs.

Procedure for Registration of Societies under Societies Registration Act (Rajasthan)

1. The following documents shall be filed with Registrar for registration-

Application Form.

Copy of By-Laws and Main objects of the Society(self Attested).

List of Members of Executive Committee with Name ,Address, Occupation and Post along with Self Attested Address and ID Proofs of The Office Bearers.

List of Members, willing to registration of the Society with Name, Fathers name, Occupation and Signature with Full Address.

Affidavits of Office Bearers i.e. President, Secretary, Vice president and Treasurer with Photo attested by the Notary Public.

Registration Fees as decided by the competent authority.

NOC of Local Member of Municipal Corp. or Local Body or Sarpanch.

2. There shall be Executive committee having at least three executive members.

3. There shall be minimum seven members for the formation of society.

4. The bye laws must be witnessed by two witness apart from the notary who shall not be members.

Cont

Cont5. Care shall taken while filing the PAN application because the PAN has to be applied under status of AOP.

6. The name of Society shall not have the restricted name India, Govt., Rajasthan, etc.

By-Laws (Memorandum of Association) of a Society Memorandum of Association and Rules & Regulations-

The main instrument of any society is the memorandum of association and rules and regulations (no stamp paper required), wherein the aims and objects and mode of management (of the society) should be enshrined.Cont.. The memorandum of association shall contain the following-

The name of the society.The objects of the society.The names, addresses and occupations of the governors, directors, trustees or members of the council, committee or other governing body.

Cont..The copy of Rules & Regulations of the society certified to be a correct copy by not less than three of the governors, directors, trustees or members of the governing body shall be filed with the memorandum of association.Cont..Minimum Members Required for Registration- A Society needs a minimum of seven managing committee members associated for any literary, scientific or charitable purpose. The Board of Management is in the form of a governing body or council or a managing or executive committee. The members subscribe their names to the memorandum of associations and file the same with the Registrar to form the society.

Filing of Annual Documents

The following documents are required to be filed to the registrar annually:- List of names, addresses and occupations of the governors, directors, trustees or members of the council, committee or other governing body entrusted with the management of the affairs of the society to be filed every year within fourteen days of annual general meeting. This should be filed in January, if general meetings are not held.

Cont.Statement showing changes during the year together with the list mentioned in Section 4-A).A copy of the rules and regulations of the society corrected up to date and certified to be a correct copy by not less than three governors, directors, trustees or members of the governing body.

Penalties of non-compliance of section 4 or 4-A If a person authorized by the rules & regulations fails to comply with the provisions of section 4 and 4-A, he shall be punishable with fine which may extend to Rupees five hundred and in case of continuing breach with a further fine not exceeding fifty rupees for each day during which a default is continued after the first convection for such offence.Formalities Regarding Alterations If a society is required to alter the objects of the society, or merge with another society, two special general body meetings must be convened and two-thirds (66%) of the members have to approve the change(Sec. 12).

ContThe name of the society can be changed with the consent of at least two thirds of its members by a resolution passed at special general meeting (Sec.12-A). Every change in name should be sent to the registrar within 15 days of passing the resolution (Sec. 12-B).

A copy of the alteration made in the rules and regulations of the society should also be sent to the Registrar within 15 days of making the alteration (Sec. 4-A).

DissolutionAt least two-thirds of the general body members have to vote for dissolution of the society at a special meeting (Sec. 13). Governments consent is required for dissolving the society, if it is a member or a contributor or interested in the society.

The government can neither dissolve a society on its own, nor can it take over the society.

Disposal of Property Upon Dissolution A societys property cannot be distributed among its members. Two-thirds of the members present at the time of dissolution can decide to give the property (left after satisfaction of all debts and liabilities) to another society or to the State Government (Sec. 14 & 14-A).THANK YOU