Procedure for establishing a Nursing Institute in Rajasthan
Querist :
Anonymous
(Querist) 16 December 2009
This query is : Resolved
Good Morning friends....
Iwant to know the procedure for establishing a nusrsing institute in Rajasthan under socities registration act.
What are the legal formalities to be complied and is there any forms to be filed as filed in case of incorporating a Company???
I need this urgently.
N RAMESH.
(Expert) 16 December 2009
The information you require is very enormous and valuable and it costs high.
Querist :
Anonymous
(Querist) 16 December 2009
From where can i get these information?
A V Vishal
(Expert) 16 December 2009
The Societies Registration Act 1960 as its preamble show has been enacted to make provisions for improving the legal conditions of societies established for the purpose given under Section 1 to 20 of the Act. A society registered under this Act acquired the legal status capable to use and be used Section 6 of the Act are:
The purpose given under section 20 of the Act are: Charitable Societies, the Military, Orphan funds and Societies established for the promotion of Science, Literature the fine art for instruction the diffusion of useful knowledge the foundation or maintenance of libraries or reading rooms for general use among the members or open to the public or public Museums and Gallaries of paintings and other works apart designs promotion of social welfare, sports games, activities conducted to the protection and improvement of natural beneficiaries forests, lakes rivers, wild life and compassion wildly creature
Only the societies formed for the purpose laid down under section 1 to 20 of the Act and having these purpose as under aim and objects may be registered under the Act
The name of the society should be such as does not attract the provision of emblems and Names (P.I.U.) Act 1960. The name proposed shouldnot suggest or be calculated to suggest the patronage of Govt. of India or the Govt. of state or connection with any legal authority under the law for the time being in force.
The name of the and emblem s Act 1960 also prohibits the use of any name emblem, officials seals, colourable invitation tearof as specified in the Act, without previous permission of competent authority. It also prohibits the use of nameof national heros and other names etc. mentioned in the Act. Thus societies thereof advised to consult this act also before proposing the name etc. for registration.
The two main documents are required to be filled under section 2 of the said societies Registration Act 1860 for registration of a society under are listed and those should be necessarily be filled in duplicate. 1. Memorandum of Association 2. Rules and Regulation.
Memorandum of Association: Memorandum of the Association of the socities and defines the permitted range of its enterprises. The purpose of the Aims and objective of which society is formed have to incorporate in the memorandum.
The society should be carefully understand the incorporated in the Memorandum
Desirous persons or the persons a subscription the names the Memorandum should not be in any case be less than seven. If a proposes to give ALL INDIA Character to the Society and the word All India character or Akhil Bhartiya formed part of the name of society the must be a minimum of eight different persons from eight different states of Union to the Memorandum.
The memorandum of Association may be prepared according to the model from given below:
MEMORANDUM OF ASSOCIATION
Name of the Society : The Name of the society shall be ____________________________
Registered office : The office of the society shall remain in ......................... and at present is its following address.
Aims & Objectives: : The aims and objects for which the Society is established are as under:
a)
b)
c)
d) and so on.
NOTE :
Please add this clause in the Memorandum after completing the objects.
All the income earnings, moveable immovable properties of the Societies shall be solely utilized and applied towards the promotion of its aims and objects only setforth in the Memorandum of the Association and no profit on thereof shall be paid or transferred directly or indirectly by way of dividends bonus profits or in any manner whatsoever to the present or past membersof the Society or to any persons claiming throughout any or mo of the present or past members. No Member of Society shall have any personal claim on any moveable or immoveable properties of the Society or make any profit, whatsoever by virtue of his Membership.
Governing Body: The names, addresses occupations and designationsofthe Membersof the present members of the Governing body to whom the management of the Society is entrusted as requiredunder section 2 of the Societies Registration Act 1860 as applicable to the Union Territory ofDelhi are as follows:
_____________________________________________________________________
S.No. Name in capital Address Occupation Designation in
the society
-------------------------------------------------------------------------------------------------------
1.
2
4
to
7
Desirous persons: We, the undersigned are desirous of forming a Society namely.........................under Societies Registration Act 1860 as applicable to the Union Territory of Delhi in pursuance of the Memorandum of Association of the Society.
S.No. Name and address Occupation Signature
---------------------------------------------------------------------------------------------------------
1.
2
3
4
Note: The Memorandum should close after clauses given in the above model form.
All the signatures of the desirous persons shall subscribers as given in clause 5 of the Memorandum and must be witnessed by an Oath Commissio Notary Public Rs. 3/- Notari stamps affixed or Gazetted officer ner, /Advocate or Magistrate Ist Class with their Rubber official stamps and complete in all respect.
The names of the persons mentioned in clause 4 (Governing body of the model of the Memorandum must necessarily be included under clause 5(i) in the list of desirous persons or subscriber to the Memorandum. This is to say that members of the Memorandum cannot be outside the list of the desirous persons subscribers to the Memorandum. This is essential requirement.
Rules & Regulations: For carrying out the aims and objectives given by the Memorandum and for internal management of the Society rules and regulations may be made by the society these rules and regulations are known to the society.
That these rules and regulations of the society should be filled along with the Memorandum with the registering Authority for the purpose of registration of the society.
10. If the rules and regulations of the society are inconsistent with the provisions of the Act they are invalid and the fact that till they are invalid and they are deleted with the Registering authority for the purpose of registration of the society cannot be made them valid.
Rules & Regulations:
Name of the Society
Membership defined
Admission and qualifications of membership
Subscription
Appeal and re-admission of members
Rights and privileges of membership
General Body
General body defined
Power and duties functions of the General body
Noticesof meeting and periodically of meeting.
Managing/Governing/Executive Committee
Managing/Governing body/ExecutiveCommittee defined
Minimum and maximum strength including office bearers.
Composition
Election and its mode.
Terms of the office of the Governing body
Powers and duties of the office bearers
Quorum and notice of the meeting
Filling up casual vacancies
Sub-Committee, if any, formation II(composition III) duties and functions.
Sources of income and utilization of funds
Audit or Accounts
Operation of Bank account
Annual List of Managing/Governing body (Section 4 of the Act). Once in every year a list of the officebearers and Members of the Governing body of the society shall be filed with the Registrar of Societies ............... as requiredunder section 4 of the Societies Registration Act 1860.
Legal Proceedings (Section 6 of the Act)
The society may sue or be sued in the name of the President Secretary as or be sued in the name of the President, Secretary as per provisions laid down under Section 6 of the Societies Registration Act 1860 as applicable to the state of................
Any amendment in the Memorandum of Association or Rules will be carried out in accordance with procedure laid down under section 12 and 12-A of the Societies Registration Act 1860.
Dissolution and Adjustment of Affairs
If the society need to dissolved it shall be dissolved as per the provisions laid down under section 13 and 14 of the Societies Registration Act 1860 as applicable to the state of.................
Application of the Act
All the provisions under all the sections of the Societies Registration Act 1860 as applicable to the state of................ shall apply to this society.
Essential Certificate
Certified that this is the correct copy of the Rules and Regulation of the Society Sd/ Sd/ Sd/ (President) (Secretary) (Treasurer)
INSTRUCTIONS
The two documents for registration vis. Memorandum of Association and Rules & Regulations should separately be typed neatly andproper with separate page making good quality durable paper should be used for typing as to the documents for permanent records.
At least one and half inch margin must be on left side and and one inch from right side of each sheet on the thick paper while typing on double space lining and the types on the one side only.
The aims and objects given under Clause 3 of the Memorandum should not be repeated in the Rules and Regulations like wise, the activities of the programmes of working direction towards attainment of the aims and objectsand society should not figure in Memorandum.
Specific language given in the Guidelines for particular clauses may be adopted while preparing the documents.
In case management of or reference to a particular existing places of worship like mandir, masjid, gurudwara, church or budh vihar etc. is involved, sufficient, documentary proof is required that the society is legally competent for the same.
An affidavit on Rs. 2/- (Rupees Two only) Non-judicial stamp paer from the President or Secretary of the Society should be furnished regarding the relationship between the subscribers (desirous persons) to the Memorandum as are given under clause 5 of he Memorandum and also an undertaking to the name of the society will be changed if the said name already found registered in our records. This affidavit must be attested by the Oath Commissioner. Notary Public (Rs.3/-) Notarial stamp affixed thereon) or Magistrate Ist Class.
Documentary proof in the shape of sale-deed/lease deed/General Power of Attorney alongwith Ration Card/Electricity Bill and an allotment letter in the case of Government Quarter in respect of premises shown as registered office of the society under clause 2 of the Memorandum should also be furnished alongwith no Objection Certificate from the owner of the premises on Rs. 2/- (Rs. Two only) Non-judicial stamp affixed thereon.
Rs. 50/- (Rupees Fifty only) in case as the Registration fees of the Society shall be demanded when the formalities are completed and Registrar of Societies has approved the same case.
Ration Card/Election P Card/ or any other identity proof required in respect of all desirous persons.
Signature of three office bearers requiredon each & every page of Mod & R/R on both sets.
AFFIDAVIT No.2 SPECIMEN OF N.O.C.
I ................................... resident
Of .................................do hereby solemnly affirm and declare as under:
1. That I am the legal owner/General Power of Attorney holder/allottee and in possession of property bearing No....................
2. That I shall have `No objection’ if the registered office of the society named.......................... Shall be situated at my above said premises.
DEPONENT
VERIFICATION
Verified at .............., on this the day of 2009 that the contents of the above affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed therefrom.
DEPONENT
Ajay Bansal
(Expert) 16 December 2009
This question is not for legal expert,rather for a clerck of concerned department.
