Section 1: Societies Formed by Memorandum of Association and Registration

Section 1 of the Societies Registration Act, 1860 sets out the basic method by which seven or more persons may form a society for qualifying literary, scientific, charitable or other purposes specified in Section 20. The applicable state law and amendments must also be checked.

Text of Section 1

The above reproduces the substantive central provision without obsolete editorial repeal markers. The designation of the registering authority and the statutory text may differ under state amendments.

Meaning and essential requirements of Section 1

1. At least seven persons

The central provision requires a minimum of seven persons who associate for an eligible common purpose. The section does not, by itself, specify that every member must contribute money or property. Any additional qualifications imposed by the applicable state enactment or registration rules must be satisfied.

2. Eligible objectives

The proposed society must have a literary, scientific or charitable purpose, or an objective covered by Section 20. The latter includes, among other purposes, promoting fine arts, instruction, useful knowledge, libraries, reading rooms and public museums. State amendments can expand or alter the categories of permitted objectives.

3. Memorandum of association

The founders subscribe their names to a memorandum of association. Under Section 2, the memorandum states the society's name and objects, together with the names, addresses and occupations of the persons entrusted with its management. A copy of the society's rules and regulations, certified as correct by at least three governing-body members, accompanies the memorandum.

4. Filing with the competent Registrar

The memorandum and accompanying documents are filed with the competent registering authority. Although the original central wording refers to the Registrar of Joint-stock Companies, state laws commonly designate a Registrar of Societies or another prescribed authority. Under Section 3, registration follows the filing and statutory requirements, subject to the law applicable in the relevant jurisdiction.

Practical procedure for forming a society

1. Identify at least seven eligible founding persons and confirm that the objects are permitted in the relevant state or Union territory.
2. Choose a proposed name and prepare the memorandum of association setting out the objects and governing-body particulars.
3. Prepare the rules and regulations dealing with membership, management, meetings and other internal matters.
4. Obtain the required subscriptions, certifications, supporting documents and any declarations prescribed locally.
5. Submit the application to the competent Registrar in the prescribed manner, pay the applicable fee and address any lawful deficiencies raised.

Effect of registration and continuing duties

Registration gives the association recognition under the applicable societies legislation, but it does not automatically confer every tax exemption, charitable approval or other regulatory permission. Further provisions govern the society's property, litigation and management. In particular, Section 4 addresses the annual list of the managing body, while Sections 5 and 6 concern property and suits by or against societies.

Importance of state amendments

The Societies Registration Act, 1860 has been amended, supplemented or replaced in different jurisdictions. For example, the central text cannot be assumed to prescribe the current filing mode, fee or registering officer in every state. Applicants should consult the current legislation, rules and official registration portal for the state or Union territory where the society is to be registered before filing.

Official legal sources

Read the Societies Registration Act, 1860 on India Code and the Delhi Government's published Act as reference materials. State-specific amendments and later notifications prevail where applicable.

This article explains the general statutory scheme and is not a substitute for checking current jurisdiction-specific requirements.