Societies
Societies in India were originally registered under Societies Registration Act 1860 (Act XXI of 1860) unless there is some local legislation in the State. The old Act (Act XXI of 1860) was repealed in its application to West Bengal with effect from 1st April 1963. The old Act was modelled after the Library and Scientific Institution Act 1854 of England.2 In West Bengal they are now registered under the W.B. Societies Registration Act 1961 (West Bengal Act XXVII of 1961). Any seven or more individuals associated with any of the objects—religious, charitable or literary, prescribed under sub-section 2 of section 4 of the Act—form a society by filing with the Registrar a Memorandum of Association and a copy of the Regulations.
The society so registered is neither a corporation nor a limited company incorporated under the Companies Act.3 It is an independent registered association but not a partnership of individuals which has acquired a legal status by virtue of its registration with the Registrar appointed by the State Government under the provisions of the Societies Registration Act. It enjoys the status of a legal entity apart from the members constituting the same. Every member of a corporation or an incorporated company join the same on that basis. The majority of the members is entitled to exercise its powers and control its operation generally. The same would be the position in the case of unincorporated associations of individuals whether the same be registered under the Societies Registration Act or not. The rule of majority is the normal basis of these associations. The members join these associations whether incorporated or unincorporated, whether registered or unregistered, knowing fully well that affairs of these associations would be conducted normally by the vote of the majority of the members thereof. In the absence of any specific rules and regulations governing the conduct of these affairs, this would be normal presumption and no member who joins any association would be heard to contend to the contrary. The properties belonging to any society vest in the trustees and in the absence thereof are deemed to vest for the time being in the governing body.
Societies Registration Act XXVI of 1961
Memorandum of Association
1. The name of the society shall be "	"
2. The Registered Office of the society shall be situated at 	,
	in the State of West Bengal.
3.	The aims and objects of the society are as follows:
(a) To perpetuate the memory of	
(b) To help and give relief to the poor and indigent and other deserving person or persons by providing food, shelter, periodical distribution of cloth, medicine and money and other necessities, also to provide books to deserving students and sanyasis and to distribute alms in cash or kind annually out of the funds of the society.
(c) To give lessons and instructions on the Geeta, Bible, Koran and other religious scriptures and arrange for and provide all suitable and necessary ways and means for the daily worship and
3   Satyavarat v Arya Samaj AIR 1946 Bom 516 (519); 48 Bom LR 34.
periodical festivals of	 according to the wishes of	
and offering of Puja and Bhoga to	and for observance of
such other occasional religious festivals at the Samadhi Mandir
at	 as may be decided by the society from time to
time.
(d)	To perpetuate, keep and maintain the aforesaid Samadhi Mandir
and other premises and the land attached thereto at	in
good state and condition and make such additions, alterations and repairs thereto as may be necessary.
(e)	To construct, maintain, extend, alter, repair or improve any
temple building and premises that may be acquired by the
Ashram. To undertake administration of any religious or
charitable institution or endowment, e.g. church, temple, math
or others.
(f) To receive and collect any gifts, subscriptions and donations either in cash or in kind, or acquire by any other lawful ways and means and spend the same in fulfilment of all or any of the aims and objects of the society. The income and properties of the society shall be applied solely for the promotion and fulfilment of the aims and objects of the society, provided if any donor intends that his contributions, donation or subscription shall be applied to the attainment of any particular object or objects of the Ashram, such contribution, donation, subscription shall be spent towards the promotion of that particular object or objects only.
(g) To acquire by purchase, take on lease, hire or by gift or otherwise and hold any movable or movables and also any immovable property or properties or any rights or privileges that may be deemed necessary or useful for the advancement of the objects of the Ashram or any of them.
(h) To arrange and/or provide for the long-standing practice of annual
observation of	 Utsava at the Samadhi Mandir of
	at..\.	
(i) To do all such other lawful acts, deeds and things as are incidental and conductive to the attainment of the objects or any of them.
(j) To manage and administer any orphanage, nursing home, hospital, library, reading room, trust, school, college and other institution irrespective of caste, creed or social status.
(k) To take over, absorb or amalgamate with any other society or association or institution whose objects are similar to the objects of the society.
(l) To apply the income and properties of the society for the fulfilment of its objects and not to pay any portion thereof by way of profit or dividend or bonus.
4. Without prejudice to the generality of the above objects and for
effectively carrying out the same the society shall have power to receive,
hold and possess any property including securities of any kind and to
construct and maintain any building, to manage transfer or otherwise
dispose of or deal in any property of security and to enter into any
contract for or in connection with the purposes of the society to raise moneys
and funds including debentures and to establish provident fund or funds
for the benefit of the employees of the society and to accept the management
of any trust or endowment in which the society may be interested. The
society shall have also the power to frame rules and bye-laws under its
Constitution.
5. The management and control of the	shall be in the hands
of a Committee of Management of the society to be elected annually by the
Mantra Sishyas of	and shall be carried on in accordance with
the rules as may be framed or modified from time to time by the said Committee of Management, whose names, addresses and descriptions are subscribed hereunder:
The following persons shall be the members of the first governing body of the society:
Name	Address	Description
1.	Sri    		President
2.	"     		Secretary
3.	„     		Treasurer
4.	«     	         Assistant Secretary
5-    "     	
6.    n     		Member
8.	n     	
9.	a     	
We the undersigned are desirous of forming a society named
"	"in pursuance of this Memorandum of Association:
Signature	Address	Occupation
Witness:

Signature	Address	Occupation