A society is essentially an association of persons
(seven or more) united together to achieve some common purpose. Such objects are normally charitable, scientific, literary
etc. Theoretically, a society need not be registered but registration gives the society legal recognition and is essential
for opening of bank accounts, filing of legal suits, obtaining Income Tax approvals, lawful vesting of properties etc. |
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A society is registered under the Societies
Registration Act, 1860. In addition various states have framed their respective acts and rules for ensuring propriety
in functioning of societies, including provisions for compulsory division, amalgamation or dissolution. The registration is
done under the auspices of the various state governments in whose territories the 20 organisation is located. An organisation
can be registered in any district of India with the Assistant Registrar of Societies within that district. |
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A society is a distinct legal entity entirely independent
of the members constituting it. Thus, it can sue or be sued independent of its members. No member either independently or
jointly can claim ownership rights in the assets of a society during its existence. On its dissolution, the surplus assets
are given to some other society with similar objects. The membership rights are non transferable and it has perpetual succession
not affected by the changes in its membership or employees. Along with having the flexibility to undertake a wide range of
activities, a society also has a more democratic set up with membership and an elected body to mange it. The original members
can continue to remain in control as long as they are elected to the managing committee. The society can exist beyond its
original members and there is a possibility of a complete renewal of members and objects can be modified easily. |
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