Section 18 - Filing Memorandum and Documents for Societies Formed Before the Act
Section 18 of the Societies Registration Act, 1860 specifies the documents to be filed when a society covered by Section 17 seeks registration under the Act. It concerns societies established before the Act and must be read with the conditions governing their registration.
Text of Section 18 - Such societies to file memorandum, etc., with Registrar of Joint-stock Companies
In order to any such society as is mentioned in the last preceding section obtaining registry under this Act, it shall be sufficient that the governing body file with the Registrar of Joint-stock Companies a memorandum showing the name of the society, the objects of the society, and the names, addresses and occupations of the governing body, together with a copy of the rules and regulations of the society certified as provided in section 2, and a copy of the report of the proceedings of the general meeting at which the registration was resolved on.
Meaning and scope of Section 18
Section 18 sets out a documentary route for the registration of the older companies or societies described in Section 17. The provision identifies the information that the governing body must submit to the statutory registrar. Its historical reference to the Registrar of Joint-stock Companies is retained in the statutory wording; the competent registration authority and procedures applicable today depend on the law and amendments in force in the relevant State or Union Territory.
Documents required under Section 18
- Memorandum: A memorandum stating the society's name and its objects or purposes.
- Governing body particulars: The names, addresses and occupations of the persons comprising the governing body.
- Certified rules and regulations: A copy of the society's rules and regulations certified in the manner required by Section 2.
- General meeting proceedings: A copy of the report of the proceedings of the general meeting at which registration under the Act was resolved upon.
Related definitions and legal provisions
Governing body - Section 16
Under Section 16, the governing body means the governors, council, directors, committee, trustees or other body entrusted with managing the society's affairs under its rules and regulations.
Eligible older societies and members' assent - Section 17
Section 17 concerns certain literary, scientific or charitable societies established before the 1860 Act, including those registered under Act 43 of 1850. It requires assent to registration from three-fifths of the members present personally or by proxy at a general meeting convened for that purpose. Section 18 supplies the corresponding filing requirements.
Memorandum and certification - Section 2
Section 2 addresses the memorandum and the certification of the rules and regulations. Section 18 expressly incorporates that certification requirement.
Practical filing considerations
Before submitting an application, the society should verify the governing body's authority, preserve evidence of notice and the resolution of the general meeting, ensure that the memorandum accurately records its objects and management particulars, and check the State-specific registration rules, forms, fees and filing portal. Section 18 should not be treated as a universal procedure for every newly formed society: its express subject is the class of older societies referred to in Section 17.
Official legal resources
Consult the India Code legislative database for central enactments and the e-Gazette of India for official notifications. For State amendments and registration requirements, consult the relevant State legislature, Gazette or Registrar of Societies.
Frequently asked questions
Does Section 18 apply to every new society?
No. Its wording specifically covers the societies described in Section 17, generally relating to societies established before the enactment of the 1860 Act.
Is a general meeting resolution necessary?
Yes. Section 18 requires a report of the meeting at which registration was resolved upon, while Section 17 provides the applicable assent requirement.
Which details must be included in the memorandum?
The name and objects of the society and the names, addresses and occupations of its governing body must be provided, along with the other documents prescribed in Section 18.