Society Registration Act- 1860 and Indian Trusts Act- 1882

Jitendra Saini 2012MSW006

Background Society Registration Act1860

Defined as a company or an association of

persons united together by mutual consent to deliberate, determine and act jointly for same common purpose. Minimum seven persons, eligible to enter into a contract, can form society. When an NGO is constituted as a society, it is required to be registered under the Societies Registration Act, 1860.

Background S
Societies are usually managed by a governing

council or managing committee, whereas trusts are governed by their trustees. Individuals or institutions or both may be members of a society. Unlike trusts, societies may be dissolved. Dissolution must be approved by at least threefifths of the society's members.

Background Indian Trusts Act, 1882

Under the Indian Trusts Act, 1882, unlike other trusts

created for the benefit of specific individuals, is for the benefit of society generally or for certain sections of society. Charitable objectives can be classified under the following divisions:

Public Trust means an express or constructive trust for

either a public, religious or charitable purpose or both and includes a temple, a math, a Wakf, church, synagogue, agiary or other place of public religious worship, a Dharmada or any other religious.

Advancement of religion; II. Advancement of knowledge III. Advancement of commerce, health and safety of the public IV. Advancement of any other object beneficial to mankind.
I.

TRUST

SOCIETY

Legislation

Indian Trusts Act- 1882

Societies Registration Act, 1860

Jurisdiction

Deputy Registrar/Charity commissioner As trust

Registrar of societies

Registration

both as a society and as a trust

Registration Document

Trust deed

Memorandum of association and rules and regulations

Stamp Duty

Trust deed to be executed No stamp paper required on non-judicial stamp paper, vary from state to state

TRUST

SOCIETY

Members Required

Minimum two trustees. No Minimum seven managing upper limit. committee members. No upper limit.

Board of Management

Trustees / Board of Trustees

Governing body or council/managing or executive committee

Mode of Succession on Board of Management

Appointment or Election

Appointment or Election by members of the general body

TRUST

SOCIETY

Objects

Charitable, socially beneficial

Charitable, Literary, Scientific Simple procedure

Alteration of Objects

Bound by covenants of Trust deed. Normally only settlor can modify

Formation

Simple& easy

Simple& easy

Name

Comparatively simple

Comparatively simple

Management

Very Few restrictions imposed by Act

Few restrictions imposed by Act

TRUST

SOCIETY

Meetings

No provision laid down

According to law

Penalties

Very negligible

Few penalties

Legal Status

Legal status with certain limitations

Legal status with certain limitations

Indian Trusts Act- 1882

Chapter- 1 Preliminary

Chapter- 2 Of the Creation of Trusts

Chapter- 3 Of the Duties and Liabilities of Trustee Chapter- 4 Of the Rights and Powers of Trustees Chapter- 5 Of the Disabilities of Trustees Chapter- 6 Of the Rights and Liabilities of the

Beneficiary Chapter- 7 Of Vacating the Office of Trustee Chapter- 8 Of the Extinction of Trusts

Society Registration Act- 1860

Societies formed by memorandum of association and registration Memorandum of Association Registration and Fee Annual list of managing body to be filed Property of Society how vested Enforcement of judgment against society Recovery or penalty accruing under bye-law Members liable to be sued as strangers Members guilty of offences punishable as strangers Societies enabled to alter, extend or abridge their purposes Provision for dissolution of societies and adjustment of their affairs Upon a dissolution no member to receive profit Member defined Governing body defined Registration of societies formed before Act Such societies to file memorandum, etc., with Registrar of Joint-stock companies Inspection of documents To what societies Act applies

Bibliography
Society Registration Act- 1860

Indian Trusts Act- 1882

www.google.com www.wikkipedia.com

Thank You