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elango.parameswaran (Officer)     01 June 2022

Registration of employees welfare association

We are contractual employees of a GoI Health Programme. Our staff include Medical, Para Medical ,Clerical and other category around 42000. We intend to form an Employees Welfare Association to safeguard our legitimate rights and to protect the forerunners of the Association. Kindly advise us as to whether we can register the Association under Labour Laws or Societies Registration Act. Which one is beneficial to us legally. Please advise


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 1 Replies

Anila Sabu   27 June 2022

Dear Qurist,

Under the Act societies may be formed, by way of a memorandum of association, by any seven or more people associated for any literary, scientific or charitable purpose. The memorandum of association has to be filed with the Registrar of Societies.

The Association under Labour Laws or Societies Registration Act would be beneficial as a registered society is treated as a distinct legal organisation and is given particular powers that permit the various objectives.  Some of the being:

·       Less compliance is required when a registered society transfers property into its own name.

·       The registered Society has the authority to have legal matters enforced in court.

·       A tax return can be filed by the Society operating under the Act.

·       Transfer the old property to another organisation without having to deal with onerous paperwork or strict compliances.

·       Defend the incorporated body's assets from anyone attempting to claim ownership of them.

·       circumvents the restrictions that preclude opening a bank account in its name.

·       assemble money from external sources.

·       The property may be vested in a Registered Society's name without being subject to any provisions about ownership transfer.

Unregistered Societies are not treated as separate legal entities by the law.

As a result, such entities are unable to enjoy the aforementioned advantages. Until it chooses to register, the unregistered Society won't firmly establish its position within the legal system. There are, in fact, countless benefits to society registration that allow the organisation to operate freely from legal entanglements.
 


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