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Society and Trust

In India nonprofit / public charitable organizations can be registered as trusts, societies. Non-profit organizations in India (a) exist independently of the state; (b) are self-governed by a board of trustees or 'managing committee'/ governing council, comprising individuals who generally serve in a fiduciary capacity; (c) produce benefits for others, generally outside the membership of the organization; and (d), are 'non-profit-making', in as much as they are prohibited from distributing a monetary residual to their own members.

It is the main instrument of any public charitable trust, wherein the aims and objects and mode of management (of the trust) should be enshrined. In every trust deed, the minimum and maximum number of trustees has to be specified. The trust deed should clearly spell out the aims and objects of the trust, how the trust should be managed, how other trustees may be appointed or removed, etc. The trust deed should be signed by both the settlor/s and trustee/s in the presence of two witnesses. It is the the main instrument of any public charitable trust, wherein the aims and objects and mode of management (of the trust) should be enshrined. In every trust deed, the minimum and maximum number of trustees has to be specified. The trust deed should clearly spell out the aims and objects of the trust, how the trust should be managed, how other trustees may be appointed or removed, etc. The trust deed should be signed by both the settlor/s and trustee/s in the presence of two witnesses. 

About Society

According to section 20 of the Societies Registration Act, 1860, the following societies can be registered under the Act: 'charitable societies, military orphan funds or societies established at the several presidencies of India, societies established for the promotion of science, literature, or the fine arts, for instruction, the diffusion of useful knowledge, the diffusion of political education, the foundation or maintenance of libraries or reading rooms for general use among the members or open to the public, or public museums and galleries of paintings and other works of art, collection of natural history, mechanical and philosophical inventions, instruments or designs

Trustees: A Society needs a minimum of Eight managing committee members; there is no upper limit to the number managing committee members. The Board of Management is in the form of a governing body or council or a managing or executive committee.

Application for Registration:
Registration can be done either at the state level (i.e., in the office of the Registrar of Societies) or at the district level (in the office of the the local office of the Registrar of Societies).(1) The procedure varies from state to state. However generally the application should be submitted together with: (2) memorandum of association and rules and regulations; (3) consent letters of all the members of the managing committee; (4) authority letter duly signed by all the members of the managing committee; (5) an affidavit sworn by the president or secretary of the society on non-judicial stamp paper of Rs.10-/, together with a court fee stamp; and (6) a declaration by the members of the managing committee that the funds of the society will be used only for the purpose of furthering the aims and objects of the society. All the aforesaid documents which are required for the application for registration should be submitted in duplicate, together with the required registration fee.

About Trust

A public charitable trust is usually floated when there is property involved, especially in terms of land and building.

Trustees:A trust needs a minimum of three trustees; there is no upper limit to the number of trustees. The Board of Management comprises the trustees. 

Application for Registration:
The application for registration should be made to the official having jurisdiction over the region in which the trust is sought to be registered. After providing details (in the form) regarding designation by which the public trust shall be known, names of trustees, mode of succession, etc., the applicant has to affix a court fee stamp of  to the form and pay a very nominal registration fee which may range from depending on the value of the trust property. The application form should be submitted, together with a copy of the trust deed. Two other documents which should be submitted at the time of making an application for registration.

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