Society Registration In WEST-BENGAL

WHAT IS SOCIETY IN WEST-BENGAL?

In West-Bengal a Society is an organization in which a group of people with mutual interest come together to act cooperatively. Societies are registered with the object to promote charitable activities like arts, literature, science, sports, music, culture, religion, education.
The societies are regulated/ governed by the Societies Registration Act of 1860 and the same act is amended by the respective states.
A society can be registered for the following purposes in West-Bengal:

Promotion of arts,
Circulation of political education,
Grant of charitable assistance,
Promotion of science and literature,
Creation of military orphan funds,
Promotion of culture,
Maintenance or foundation of galleries, libraries or public museum,
Promotion of useful knowledge,
Collections of natural history,
Collections of mechanical and philosophical inventions or instruments,

DOCUMENTS REQUIRED TO REGISTER A SOCIETY IN WEST-BENGAL, INDIA

To register a society in West-Bengal, India one need to have the following documents with them:

List of all Members
Address Proof of registered office of Society
NOC
PAN Card
Address Proof of Members (Bank Statement, Passport, Aadhar Card, Driving License)
Cover Letter: A covering letter containing the purpose or objective of the society registration should be annexed to the application duly signed by all the members of the society.
Self- declaration: A declaration need to be given by the president of the registering society that he is inclined and qualified to hold his position.
Memorandum of Association: MOA of a society should contain the following details:
- Details of all the members forming the society,
- Contain the address of the registered office of the society,
- Objectives of the society,
Rules and Regulations of the Society: The rules and regulations of the society should contain the following information:
- Rules and regulations, by which the work of the society will be governed,
- Contain the rules for taking the membership of the society,
- Maintenance of day to day activities,
- The details about the meetings of the society and the regularity, with which they are going to be held,
- Details about the Auditors,
- Forms of intervention in case of any dispute between the members of the society,
- Methods of the dissolution of the society

SOCIETY REGISTRATION PROCESS IN WEST-BENGAL, INDIA

In West-Bengal to register as a society minimum of 7 or more than 7 members required. A member of a society can be an Indian, foreigners, company, or registered societies.
A society can either be registered or unregistered. But a registered society has more benefits as of an unregistered society in West-Bengal.
In West-Bengal, A society registration is proceeds by state governments. The application of society registration should be submitted to the specific state authority as per the registered office of the proposed society.
The proposed names of the society should be unique and does not go against any provisions relating to intellectual property rights and also should not come under the restricted list of the names as per the provisions of the Emblems and Names Act, 1950 in West-Bengal.
The Memorandum of Association and the Rules and Regulations of the society should be signed by all the members of the society along with the duly signed by the practicising professional with their stamp and address in West-Bengal.
In West-Bengal, After preparing all necessary documents, the applicant needs to submit the two copies of them to the Registrar of Societies. After receiving the application, the registrar will sign the first copy as acknowledgement and return it while keeping the second copy for approval. After verifying, the registrar will issue an Incorporation Certificate by allotting a registration number to it if the registrar is satisfied with the application and if no objection was raised.

SOCIETIES REGISTRATION ACT, 2012/1860 is enacted as follows in WEST-BENGAL:

Societies formed by memorandum of association and registration
Memorandum of association
Registration and fees
Annual list of managing body to be filed
Property of society how vested
Suits by and against societies
Suits not to abate
Enforcement of judgment against society
Recovery of penalty accruing under bye-law
Members liable to be sued as strangers
Members guilty of offences punishable as strangers
Societies enabled to alter, extend or abridge their purposes
Provision for dissolution of societies and adjustment of their affairs
Upon a dissolution no member to receive profit
Member defined
Governing body defined
Registration of societies formed before Act
Such societies to file memorandum, etc. with Registrar of Joint-stock Companies
Inspection of documents
To what societies Act applies

FILING ANNUAL LIST OF MANAGING BODY IN WEST-BENGAL:—

According to the rules of the Society, the annual general meeting of the society is held, or, if the rules do not provide for an annual general meeting, Once in every year, on or before the fourteenth day succeeding the day on which, a list shall be filed with the Registrar of Joint-Stock Companies, of the names, of the governors, council, addresses and occupations, committee, directors, or governing body then entrusted with the management of the affairs of the society.

BALANCE-SHEET AND AUDITOR’S REPORT TO BE FORWARDED TO REGISTRAR OF SOCIETY IN WEST-BENGAL:—

Every society shall have its account audited once every year by a duly qualified auditor and have a balance-sheet prepared by him. The auditor shall also submit the report showing the exact state of the financial affairs of the society. Auditor is submitting the three copies of balance sheet and the auditor’s report shall be certified by the auditor. Explanation— a duly qualified auditor means a Chartered Accountants Act, 1949 or a person approved by the Registrar of Societies in this behalf.
Within thirty days after the holding of every annual general meeting there shall be filed with the Registrar of Societies a copy each of the balance-sheet and auditor’s report.
A copy of every alteration made in rules of the society certified to be a correct copy by not less than three members of the governing body shall be send to the Registrar within thirty days of the making of such alteration through the online portal.

WHEN TO FILE SOCIETIES ANNUAL RETURN ACT- 1860/2012 IN WEST-BENGAL:-

Every Society shall hold its Annual General Meeting within a period of six months of the close of the financial year for approval and adoption of its duly audited annual accounts.
The annual return of the list of members of the Society as specified under sub-section (3) of section 18 and clause (i) of sub-section (1) of section 50 shall be filed in Form-XV within a period of sixty days of the close of the financial year or thirty days after holding the Annual General Meeting, whichever is earlier, along with fee as mentioned in Appendix 1.
The annual return of the list of members of the Collegiums as specified under clause (ii) of sub-section (1) of section 50 shall be filed in Form-XIV within a period of thirty days of holding the Meeting of the Society.
The annual return of the list of office-bearers and members of the Governing Body, as specified under clause (iii) of subsection-(1) of section 50 shall be filed in Form-XVII within a period of 30 days of holding the Annual General Meeting of the Society.
An annual report on the working of the Society by the Governing Body duly certified by the President and Secretary.
A copy each of the balance-sheet, receipt expenditure statement and the auditor’s report duly certified by the auditor.
A copy of the special resolution, and when he passed under society’s act-1860/2012.