The Societies Registration Act of 1860 established legal status for organizations fostering poetry, art, science, and charitable events. But changes and instructions made by the Union Territory (UT) and states have authorised the creation of RWAs under the abovementioned laws. This blog examines the legal criteria for founding and registering a society in India.
The Societies Registration Act was first enacted to enable the formation of societies created for literary, artistic, philanthropic, or scientific objectives and to strengthen their legal status. Furthermore, the legislation is now widely utilised to establish an organisation dedicated to the benefit of the residents of a specific region, known as a Resident Welfare Association (RWA).
Whereas the Organizations Registration Act, 1860 does not directly specify an RWA, it is included in a few official guidelines/rules for forming societies under the aforementioned act.
The ‘Rules and Operation for Seeking Registration of a Society for Art, Culture, and Social Welfare under the Societies Registration Act, 1860’, for example, released by the Office of the Commissioner of Industries, Delhi government, lays out the different types of societies that can be registered under the act, such as the ‘Resident Welfare Society.’
Legal criteria for establishing a society
According to Section (11) (4) (E) of the Real Estate (Regulation and Development) Act, 2016, the promoter of a venture must support the creation of a society, an organization, or a co-operative society comprised of venture allottees under relevant legislations.
As a result, the first thing to decide on the applicable legislation will be to examine the application of the applicable apartment ownership statute. The Tamil Nadu Apartment Ownership Act, for example, applies to structures with five or more flats or three or more levels. Furthermore, the construction of such structures should be approved by a competent governmental authority.
Owners of residential properties not protected by such apartment ownership legislation may choose to create a welfare society or a cooperative housing society to handle day-to-day maintenance work and address other common difficulties. Unauthorised structures and unlicensed housing colonies may also choose to create an RWA.
Societies Registration Act of 1860 governs the registration of charity societies.
The research act requires a minimum of seven people to start a society. There are two types of societies: registered and unregistered. An unregistered one, on the other hand, may not have legal validity in the event of a disagreement with a member or another person/society/organization.
The work of society registered under the studied statute is normally managed by an authority known as the ‘Registrar of Societies,’ who is appointed by the appropriate State or UT government. As a result, the registration application and paperwork must meet the standards of the relevant body.
Association Memorandum (MoA)
The memorandum of association must include the name/title and goals of the organisation, as well as the names, addresses, and occupations of the committee members or other governing body members tasked with the administration of the society’s business.
Additional papers may be necessary for society registration as well. These are some examples:
- An affidavit attesting to the uniqueness of the society’s name.
- Copies of the society founders’ legitimate residential documents (Aadhaar card, driving licence, etc.).
- Clear evidence of ownership of the planned registered office of the society, as well as a No-Objection Certificate (NOC) from the office’s owner declaring authorization to use the property.
Finally, the Societies Registration Act of 1860 oversees the creation and operation of RWAs. To make an educated decision, one must review the State or UT-specific apartment ownership legislation and the society’s act modifications before founding an RWA under the Society’s act.
Disclaimer: The views expressed above are for informational purposes only based on industry reports and related news stories. PropertyPistol does not guarantee the accuracy, completeness, or reliability of the information and shall not be held responsible for any action taken based on the published information.