Karnataka Society Registration

 

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.

1. Promotion of charitable activities.
2. Promotion of educational, science, art, literature, or the fine arts.
3. Promotion of sports
4. Diffusion of knowledge pertaining to commerce and industry
5. Political education training
6. Maintenance of library
7. Collection/preservation of historical monuments, technical and philosophical research.

Karnataka Society Registration

The following are some of the major aspects of Karnataka society registration:

Who can apply?

1. Any person who desires to register a society for charitable purposes can apply for the registration.
2. 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.
3. 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

(c) the address of the registered office 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.

1. The manner in which the members of the Governing Body, the President, the Secretary and other officers are elected, appointed, removed or resigned.
2. The office term of the members of the Governing Body, the President, the Secretary and other officers.
3. The manner of admission of members and their resignation or removal.
4. The maintenance of the membership register and facilities for inspection of the same.
5. The custody of the property of the society.
6. The procedure for holding the society meetings, the notice period for meetings and the manner of voting.
7. The maintenance and audit of accounts
8. The inspection of accounts and proceedings of meeting by the members of the society
9. 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)

1. Adhaar Card .
2. Voters ID
3. Driving License

• Address proof of society proposed to be registered.

1. Rental Agreement
2. Tax payment receipt with NOC.

 Government Fees under Karnataka Society Registration Act, 1960

S.No.	Purpose	Fees or Fines
1	For Registration of Memorandum of association and rules and regulations of Society (a) if society is situated within Bangalore Metropolitan Regional Development Authority limits (b) if society is situated in any other area.	1000 500
2	For each appeal before Karnataka Appellate Tribunal	500
3	For filing of change in Memorandum of Association	100
4	For filing of change of name Rules and Regulations	250
5	Filing of Income and Expenditure account For every one lakh rupees of the amount of Income and Expenditure.	100
6	Fines under section 13 (a) When there is delay in filing the list and Balance Sheet and Income and Expenditure Account does not exceed one year. (b) When the delay exceeds one year, for each year of delay	50   100
7	Enquiry fee	500.00
8	Fine for any illegal act under section 28	1000.00
9	For each Inspection of document	50.00
10	For issue of certified copy for every hundred words of copy or extract.	10.00

Note:

• Concession of 50% for women and SC/ST societies is offered i.e., half of the fees mentioned above is payable for Associations belonging to SC/St and women.
• Scanning fee of Rs.35/- per page is charged.

Offline Procedure for Karnataka Society Registration

Offline registration of the society requires the applicant to visit the Registrar office of the concerned district where the society is to be set up.

The copy of the proposal to form the society and the application form for the registration of society in Karnataka is given below.

Online Procedure for Karnataka Society Registration

The Department of Co-operation under the Government of Karnataka allows online registration of society through the online portal Sahakara Sindhu.

Step 1: To register a society online, visit the official website of the Department of Co-operation. Click ‘Registration for Society’. The authorized subscriber login page appears.

 

Step 2: In case of a new user, click sign up. The sign up section appears. Enter the details and click ‘sign up’. An OTP will be sent to your registered mobile number. Use it for the first time login and change with new password, and login again.

 

If already a registered user, enter the login credentials to enter the online portal.

 

Step 3: The application form for Society Registration appears. Complete the form that consists of three parts.

1. Society Details
2. Authorized Subscriber Details
3. Upload enclosures

 

Step 4: On completing the form and uploading the necessary documents, click submit. On successful submission, the application reference number is generated.

Step 5: The department verifies the online application. If any invalid documents are found, the status ‘information is incomplete’ appears. Re-upload the incomplete or invalid documents.

 

If all details and documents are found valid, they will call for Physical verification and ask to do the payment. After the payment, update the details in your login.

Step 6: The received application is forwarded to the case worker who scrutinizes the proposal.

Step 7: On completing the internal processing, the proposal is submitted to the superintendent.

Step 8: The superintendent verifies and submits to the District Registrar for scrutinization and verification.

Step 9: If the Deputy Registrar of Co-operative societies and District Registrar of societies is satisfied of complying all the requirements of this Act and the rules made, he will register the memorandum of association and rules and regulation, and issue a Certificate of Registration.

Processing Time

The process of registering a society in karnataka may extend upto 30 days.

Post Registration

1. First General Body meeting should be held within 18 months
2. Every year, the society should get the accounts audited by the Chartered Accountant and get it approved by the General Body. Once approved, the society should file it with the registrar within 14 days from the General Body meeting.
3. The Society should elect the Executive Committee members as per its byelaw.

Each year, the society has to compulsorily file the details of Committee members, Balance sheet, income and expenditure and auditor’s report issued by chartered Accountant with the Registrar within 14 days of Annual General Body meeting. If it fails to do so, repeatedly for a period of 5 years, then the Registrar may cancel the registration of such society after giving an opportunity.

Cancellation or Dissolution

Society can be cancelled or dissolved by the approval of majority of members present in a specially called General Body Meeting. If there are any disputes within the members or with executive body, transactions etc., it can be resolved by approaching Civil Court.