Societies Registration Act, 1860 | Act 21 of 1860

Section 3 - Registration and Fees under the Societies Registration Act, 1860

Section 3 of the Societies Registration Act, 1860 governs the issue of a registration certificate after the prescribed memorandum of association and certified rules and regulations have been filed. It also deals with the registration fee and its accounting to the State Government. State amendments and locally applicable laws can change these requirements.

Text of Section 3 - Registration and fees

Upon such memorandum and certified copy being filed, the Registrar shall certify under his hand that the society is registered under this Act. There shall be paid to the Registrar for every such registration a fee of fifty rupees, or such smaller fee as the State Government may, from time to time, direct; and all fees so paid shall be accounted for to the State Government.

Source: India Code - official consolidated text of the Societies Registration Act, 1860.

Meaning and legal requirements of Section 3

1. Filing of memorandum and certified rules

The expression "such memorandum and certified copy" refers to the documents prescribed by Section 2. The memorandum specifies the society's name, objects, and the names, addresses and occupations of the persons entrusted with management. A copy of the rules and regulations must be certified as correct by at least three members of the governing body.

2. Certificate issued by the Registrar

Under the general text of Section 3, once the required documents are filed in accordance with the applicable law, the Registrar certifies that the society is registered. The certificate is formal evidence of registration under the Act. Local statutory scrutiny, prescribed forms, verification and restrictions under applicable state law must also be satisfied.

3. Registration fee

The central or general text refers to a fee of Rs. 50 or a smaller amount directed by the State Government. This must not be treated as the current fee throughout India. Several states have amended Section 3, introduced different fee schedules or enacted separate legislation. Applicants should confirm the amount with the competent Registrar and the latest state rules or notifications before payment.

4. Accounting for fees

Section 3 requires the registration fees collected under its general wording to be accounted for to the State Government. This is an administrative requirement relating to public revenue.

Important state-specific variations

Registration of societies is subject to the legislation in force in the relevant state or Union territory. For example, the consolidated India Code text records amendments in Uttarakhand providing for digital filing and digitally signed certificates and different fee categories. It also records amendments concerning Haryana and provisions restricting or refusing registration in specified circumstances. In Uttar Pradesh, the amended scheme also addresses registration and renewal. These illustrations are not an exhaustive statement of current state requirements.

Practical caution: Some jurisdictions operate under separate societies registration enactments rather than the unmodified 1860 Act. Always check the current local Act, amendments, rules, fee notifications and official Registrar instructions.

Related sections and registration procedure

Section 1 - Societies formed by memorandum of association and registration; the general Act contemplates seven or more persons for eligible purposes.
Section 2 - Contents of the memorandum and certified rules.
Section 4 - Annual list of the managing body.
Section 20 - Classes of societies to which the Act applies.

Frequently asked questions

Does Section 3 itself prescribe all documents for registration?

No. Section 2 sets out the memorandum and certified rules, while state legislation and administrative rules may require further particulars and supporting documents.

Is the registration fee always Rs. 50?

No. Rs. 50 appears in the general text, but amendments and applicable state rules can prescribe different fees.

Does registration automatically grant income-tax exemption?

No. Registration as a society and eligibility for income-tax benefits are separate legal questions governed by the applicable provisions of the Income-tax law.

Official legal resources

Consult the India Code central Act record, the consolidated Act with state amendments, and the Delhi Government's published Act text. For actual applications, use the relevant state Registrar's official portal.