The section 20 of the Societies Registration Act, 1860 states that military orphan funds, charitable societies, societies formed for the promotion and development of science, literature, instruction, the diffusion of useful knowledge and political education, the foundation, preservation or maintenance of libraries or reading rooms, mechanical and philosophical inventions, societies established at the various presidencies of India, public museums and galleries of paintings, collection of natural history and instruments or designs can be registered under this act. It is to be noted that Societies Registration Act, 1860 is a federal act in India. Another significant point is that the states with charity commissioner not only need to be registered under the Societies Registration Act, but also under the Bombay Public Trusts Act.
The Societies Registration Act, 1860 can be enacted in case the society is formed by memorandum of association and registration. In simple words, a group of 7 or more than 7 persons connected for any scientific, literary or charitable objective as mentioned in section 20 of the act. The individuals need to subscribe their names to a MOA (memorandum of association), and file it with the Registrar in order to be formed as society under the Societies Registration Act, 1860.
The memorandum of association must state and define the name of the society; the object of the society; the names, occupations and addresses of the council, directors, governors, the concerned governing body and committee. Moreover, it is to be taken care that the copy of the rules and regulations of the society, which is certified to be accurate copy by minimum three of the members of the governing body is permissible to be filed with the memorandum of association.
As far as the Registration and fees of the memorandum and filed certified copy are concerned, the Registrar is required to certify and affirm that the society is registered under Societies Registration Act, 1860. An amount of Rs. 50 as a fee needs to be paid to the Registrar for the registration purpose. Apart from this, one must be made certain about the fact that the paid fee is accounted to the State Government. The State Government changes the fee from time to time, thus an individual must verify.