Society

Society is an organized group of people with the sole objectives of rendering non-profitable services for the welfare and development of society. Registration of such societies will have legal identification and are eligible to avail the benefit of tax-exemption. In this article, we look at the process and procedure for obtaining Karnataka Society Registration in detail.

The Societies Registration Act, 1960:

Society registrations are done under the Societies Registration Act, 1960 that governs the operations of societies in India. The Karnataka Adaptations of Laws Order adapted the [Karnataka] Societies Registration Act, 1960 to provide for the registration of scientific, literary, charitable and other societies. The act extends to the whole of the State of Karnataka.

Societies under Karnataka Societies Registration Act, 1960:

The Karnataka Societies Registration Act allows organizations established for the following purposes to be registered under this act.

Promotion of charitable activities.
Promotion of educational, science, art, literature, or the fine arts.
Promotion of sports
Diffusion of knowledge pertaining to commerce and industry
Political education training
Maintenance of library
Collection/preservation of historical monuments, technical and philosophical research.
Karnataka Society Registration
The following are some of the major aspects of Karnataka society registration:

Any person who desires to register a society for charitable purposes can apply for the registration.

Self-Help Groups do not come under the preview of Societies Registration Act 1960 as those organisations are formed to help the group members start a business / an occupation/trade by lending money, which is considered as business activities and not charitable activities.

The societies whose aims and objectives are confined to the welfare and interest of its members only such as Pensioners Association, Housing Societies etc. do not come under the scope of Societies Registration Act 1960.

Conditions to Register a Society

The society other than a society of which the State Government is a member should be formed with at least seven persons.
The seven persons should be above the age of 18.

Competent Authority

As per section 2 (e) of the Karnataka Societies Registration Act, 1960 the District Registrars of Co-operative Societies appointed by the State Government of Karnataka is the competent authority for the registration of societies. Additional Joint Deputy or Assistant Registrars will be appointed to assist the Registrar if required.

Society can be registered in the Registrar Office of the District where the society is intended to be established.

Note: The administration of societies, under Karnataka Societies Registration Act, 1960 was transferred to the Department of Cooperative Societies from the Department of Revenue with effect from 01-06-2016.

Requirements for Society Registration

Name of the Society:

The society to be registered should select a unique name. The Societies Registration Act, 1960 does not allow a name that already exists 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.

A Society should not contain any of the following words: – “Indian”, “National” or the name of the “National Figures” as per the instructions issued by the India Government.

Memorandum of Association

The memorandum of association must be filed to the Registrar. Seven members of the society or the individuals associated with the society should sign the memorandum of association along with the date. The memorandum of association should comprise the following particulars:

(a) the name of the association

(b) the object of the association

(d) the names of the first members of the Governing Body

(e) the name of addresses and occupations of the signatories to the memorandum.

Bye-laws of Association

The copy of Rules and Regulations comprise matters or questions relevant to the following.
The manner in which the members of the Governing Body, the President, the Secretary and other officers are elected, appointed, removed or resigned.
The office term of the members of the Governing Body, the President, the Secretary and other officers.
The manner of admission of members and their resignation or removal.
The maintenance of the membership register and facilities for inspection of the same.
The custody of the property of the society.
The procedure for holding the society meetings, the notice period for meetings and the manner of voting.
The maintenance and audit of accounts
The inspection of accounts and proceedings of meeting by the members of the society
Any other matter related to the affairs of the organisation.

Note: The memorandum and the rules and regulations of the society can be printed or typewritten and each subscriber to the memorandum of association should sign the same in the presence of at least one witness. The witness who attests the signature should add his or her address, description and occupation.

Documents Required

The documents required to be submitted for society registration in Karnataka are as follows:

Information in Form A.
Memorandum of Association and Rules and regulations duly attested by one of the subscribers to the memorandum authorized by proposed society.
Bye-laws of the Association
List of executive committee to the Memorandum of Association along with photographs and signature.
Proceedings of the first meeting to form a society
Challan for having paid the prescribed fee.
Affidavit in the prescribed form in Rs.20/- E-Stamp paper duly notarized
Copy of Address proof and proof of identity. (Any one of the following)
Aadhaar Card .
Voters ID
Driving License
Address proof of society proposed to be registered.
Rental Agreement
Tax payment receipt with NOC