Procedure for registration of Sansthan

703 votes

A public charitable trust or religious institution can either be formed as a trust or a society. Procedures for formation are enacted in trusts act and cooperative societies act. What is the exact requirement is it charitable in nature or profit making instruction ?

Advocate Premmal Patel David LawRato

504 votes

Yes,
You can register under public Trust Act and Society Registration Act. Registration shall be done in Assistant Charity Commissioner.
Assistant Charity Commissioner takes hearing for Registration.

Advocate Sandeep Shamrao Pingale LawRato

645 votes

hi client, Trusts are registered under Indian Trusts Act, 1882 while Societies are incorporated under the Indian Societies Act, 1860. Society is a collection of persons, who come together for the initiating any literary, scientific or charitable purpose. A sanstha is registered under the Indian Societies Act, 1860. As per Section 20 of the Societies Act, 1860, a Society can be registered for the following purposes:

Grant of charitable assistance.
Creation of Military Orphan funds.
Promotion of Science.
Promotion of Literature.
Promotion of Fine Arts.
Promotion or Instruction or Diffusion of useful Knowledge.
Diffusion of Political Education.
Foundation or maintenance of libraries or reading rooms.
Foundation or maintenance of Public Museum or Galleries.
In addition to the above purposes specified by the Societies Act, 1860, a Society can also be registered for other purposes based on the amendment that has been enacted to the Societies Act, 1860 by the concerned State Government. Society registration is managed by State Governments. Therefore, the application for registration of society must be made to the concerned authority in the State, in which the registered office of the Society will be situated.

To register a Society, the founding members must first agree on a name for the Society and prepare the Memorandum and Rules and Regulations of the Society.

Society Registration – Name Selection
While choosing a name for the society, it is important to remember that as per Societies Act, 1860, similar or identical name of an existing registered society is not permitted. Further the proposed name for the society must also not suggest patronage of the Government of India or any State Government or attract the provisions of Emblem and Names Act, 1950.

Memorandum of a Society
The Memorandum of the Society and the Rules and Regulations of the Society must then be signed by each of the founding members, witnessed by an Oath Commissioner, Notary Public, Gazetted Officer, Advocate, Chartered Accountant or Magistrate 1st Class with their official stamp and complete address. The following documents must be prepared, signed and submitted for Society Registration:

Covering letter requesting registration of the Society, signed by all founding members.
Memorandum of Association of the Society in duplicate along with a certified copy.
Rules and Regulations of the Society in duplicate along with a duplicate, duly signed by the founding members.
Affidavit sworn by the President or Secretary of the Society stating relationship between the subscribers.
Address proof for the registered office of the Society and No-Objection Certificate from the Landlord.
The signed Memorandum and Rules and Regulations must then be filed with the concerned Registrar of Societies in the State with the prescribed fee. If the Registrar is satisfied with application for Society Registration, the Registrar would certify to deem the Society to be registered.
Registration Office, Mumbai:
Address: Adarshnagar Telephone Exchange Bldg, 1st Floor, Eknath Buva 25, Hatiskar Marg, Prabhadevi, Mumbai, Maharashtra
Hours: Open ⋅ Closes 5PM
Phone: 088880 07777

Advocate Nancy Tavaria Siodia LawRato