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NGO is the short form of the commonly used word Non Governmental Organization which originated from UNO and adopted by several countries throughout the world. In India a NGO can be in various forms but mainly three forms of NGO are prevalent which enjoy more acceptance and credibility in the Indian system.
- Society as a NGO under The Societies Registration Act, 1860
- Registered Trust
- Non Profit Company under Section 25 of The Companies Act, 1956
1. GUIDELINES NGO REGISTRATION INDIA AS A SOCIETY:
A Society under The Societies Registration Act, 1860 can be registered by a group of seven desirous persons who can form the bye laws and the rules governing the society and submit the same for registration before the Registrar of Society according to the local rules and the Registrar after due verification of all compliances issues a Certification of Registration of the Society. The affairs of the society can be regulated in accordance with the bye laws and the common laws.
The steps as guidelines NGO Registration India involved with the formation of a Society are described hereunder:
- STEP-I: Forming a group of minimum seven people as desirous persons agree to form the said society.
- STEP-II: Clearance of the name of the society from the Registrar concerned where the office of the society is proposed to be located. In case of all India Society the name is cleared by the Ministry.
- STEP-III: Drafting of the deed of society as per the Society Registration Act 1860 and all other standing orders issued from time to time which contains the rules and regulations for running the society and the bye laws. (The format is available on our website www.legalhelplineindia.com in the legal format section) .
- STEP-IV: Obtaining a NOC from the owner of the premises where the office of the society is proposed to be located.
- STEP-V: Filing the proof of residence and identification of the desirous persons.
- STEP-VI: Submitting the society documents alongwith all the relevant documents and the drafted deed before the registrar for registration.
- STEP-VII: Issuance of the Registration Certificate by the Registrar of Society.
- STEP-VIII: Obtaining a PAN card for the society from the Income Tax Department.
- STEP-IX: Opening a bank account for the society for the regulation of funds of the society.
- STEP-X: Getting the exemption under Section 80 (G) of the Income Tax Act for exempting the donations from taxation.
- STEP-XI: Getting clearances from RBI for receipt of foreign funds in the society.
- STEP-XII: Filing of ITR for the society after the end of the financial year.
Important tips of Guidelines NGO Registration in India as a Society:
Request letter to the Registrar of Society on the letter head of the proposed society.
Two sets of neatly typed Memorandum of Association of the Society including the list of the Governing body and all the desirous persons.
Two sets of neatly typed Rules and Regulations framed for the operation and functioning of the Society.
Affidavit on the Stamp Paper of Rs-10/- duly sworn by the President/Secretary of the Society as per the format issued from the office of the Registrar.
Copy of the proof of residence of the desirous persons with their photographs.
Proof of the legal ownership of the office of the Society and non objection affidavit by the owner of the premises regarding the location of the office of the Society.
All pages to be signed by the President, Vice President, General Secretary of the Society.
In case of management of or reference to a particular existing places of worship like Mandir ,Gurudwara, Masjid, Church or Boudh Vihar etc. is involved, then sufficient documentary proof is required that the society is legally competent for the same.
Guidelines NGO Registration in India for the name of Society:
The name of the society proposed should not attract the provisions of The Names and Emblems (Prevention of Improper Use) Act 1950 i.e. the name proposed should not imply any connection with Government of India, or Government of State or any connection with legal authority
The name proposed for the registration of the society should not be identical to name of any other society which has already been registered or resembles such name likely to deceive the public or the members of the society.
There is prohibition of use of any name, emblems, official seals specified under the Names and Emblems Act without permission of the appropriate authority.
There is prohibition of the use of the name of the national heroes or other names mentioned in the Names and Emblem Act,1950 .
The registrar of Societies can be approached with alternative names to ascertain whether the same are not undesirable and are not being used by any other existing societies.
The name of the Society should not suggest obscenity or be against decency and decorum. It should not be undesirable in the opinion of the Registrar.
2. GUIDELINES FOR NGO REGISTRATION IN INDIA AS A TRUST:
Any legal entity can establish a Trust in India through a registered Trust Deed which becomes a legal entity. All activities of a NGO can be done through the aims and objectives of the said trust. The registration of Trust in India involves the following simple steps:
- STEP-I : Selecting the name of the trust.
- STEP-II: Drafting the Trust Deed which should contain all the important aims and objectives of the trust.
- STEP-III: One settlor or trustee can also run the said trust however a board of trustees can be also named and several persons can be involved in the running of the trust.
- STEP-IV: Getting the PAN card for the trust after its registration.
- STEP-V: Opening a bank account for the trust after its registration.
- STEP-VI: Getting the exemption under Section 80 (G) of the Income Tax Act for exempting the donations from taxation.
- STEP-VII: Getting clearances from RBI for entitling the trust for receipt of foreign funds.
- STEP-VIII: Filing of ITR of the trust.
3. GUIDELINES FOR NGO REGISTRATION IN INDIA AS A COMPANY:
Section 25 (1) (a) and (b) contemplate that a Company can be established for the purposes of promoting art, culture, science, religion, charity, or any other useful object provided the profits, if any, or other income is applied for promoting only the objects of the company and no dividend is paid to its members.
- STEP-I: Application alongwith a fees of Rs 500/- submitted for clearance of name of the proposed Company. The office of the Registrar of Companies accordingly approve the name if found under the rules.
- STEP-II: Three sets of printed Memorandum and Articles of Association of the proposed Company duly singed by the promoters is submitted alongwith a declaration by a CA, Advocate that the same are in accordance with the provisions of Act and all the requirements of law have been complied with in this regard.
- STEP-III: Three sets of the details of the promoters giving their names, addresses and occupations with all details of the proposed Directors if they are already Director in any other company.
- STEP-IV: A statement showing the details of the assets and liabilities of the association, as on the date of the application or within seven days of that date.
- STEP-V: An estimate of the future annual income of the proposed Company, specifying the source of its income and the objects of the expenditure.
- STEP-VI: A statement giving the brief description of the work already done by the association and of the work proposed to be done by it after the registration in pursuance of Section 25.
- STEP-VII: A statement specifying the grounds on which the application is being made in brief.
- STEP-VIII: A declaration by each of the persons making the application that he/she is of sound mind, not an undischarged insolvent, not convicted by a court for any offence and does not stand disqualified under section 203 of the Companies Act 1956, for appointment as a director.
- STEP-IX: The applicant is required to furnish to the Registrar of Companies (of the state in which the registered office of the proposed company is to be, or is situate) a copy of the application and each of the other documents that had been filed before the Regional Director of the company law board.
- STEP-X : Publication of a notice in a Newspaper, within a week from the date of making the application to the regional director of the company law board, in the prescribed manner at least once in a newspaper in a principal language of the district in which the registered office of the proposed company is to be situated or is situated and circulating in that district, and at least once in an English newspaper circulating in that district.
- STEP-XI: The regional director may, after considering the objections, if any, received within 30 days from the date of publication of the notice in the newspapers, and after consulting any authority, department or ministry, as he may, in his discretion, decide, determine whether the licence should or should not be granted.
- STEP-XII : The Registrar may issue the certificate of incorporation of the Company which makes the legal existence of the Company and all the formalities relating to the issuance of PAN, Bank Account etc are taken thereafter.
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