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Clubs and Societies

 

Team LawDocs

Club In Legal Light

A voluntary, unincorporated association of persons for purpose of social, literary, or political nature etc a club is not a partnership. Hence, the word “club” has not definite meaning in itself in legal parlance. Clubs are formed for all sought of purposes an there is no uniformity in their operating constitution and rules in public domain.

Society as per law

The society is registration Act, 1860 is a legislation in India which allows the registration and establishment of entities generally involved in the benefit of society – like education, health, employment, co-operative activities etc. it is a formal organization of groups of like minded people gathered for a common purpose. 

Trust be registered under the Societies Registration Act

Trusts can be register in the office of Sub Registrar of local jurisdiction. Societies are membership organizations that may be register for charitable and religious purpose. Societies are govern by the societies registration Act, 1860, unlike trust societies may be dissolve as per the legal provision of the act.

Process to Register a Society

Following is the process mention for registering the society:-

  1. Selection of a unique name..
  2. Selection of the purpose for which society is being register.
  3. Preparation of memorandum of association rules and bylaws of the society.
  4. Other important documents proving the establishment of the society
  5. Submission of documents and registration.

Purpose for which a Society can be Registered

As per section 20 of the societies registration Act, 1860 a society can be register for the following purpose:-

  1. Grant of a charitable assistance.
  2. Creation of military orphans funds.
  3. Promotion of science.
  4. literature.
  5. Promotion of fine arts.
  6. Promotion of instruction or diffusion of useful knowledge.
  7. Diffusion of political education.
  8. Foundation of public museum or art galleries. 

Club

A club is define as a society of persons associate together, not for the purpose of trade, but for social reasons, the promotion of politics, sport, art, science or literature, or for any other lawful purpose. The trading activities, do not destroy the nature of a club if they are merely incidental to the purpose of club. The association must be private and have some element of performance.

A club may be of two kinds,

  • A members club
  • A proprietary club.

The properties of the club generally vest in the members, while in the proprietary club, and individual or a limited company or a society owns the property. The objectives of the formation of club may be mention in the memorandum of association. The copy of the rules and regulations of the society shall be file with the memorandum of association with the registrar of companies or society as the case may be. The proceedings of such a society must conform to the provisions of the societies registration Act or companies Act, 1956 as the case may be.

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