❖ NGO Registration Procedure in India
NGOs are essentially self-governed organizations with certain non-profit and charitable objectives, which generally have one or more private sources of income, to fund their social developmental or welfare projects and campaigns. The Article 19(1) (c) of the Constitution of India grants all its citizens the exclusive rights to form unions or associations for certain charitable and social welfare motives. NGOs (Non-Governmental Organizations) have now emerged out as a significant supporter and promoter to various social developmental programs and activities of the State and Central Governments, in countries all across the world including India. In India, these NGOs can be established in the popular forms of Trusts, Societies, or Section-25 Companies. Ours this highly informative article on NGOs offers all-round and refined information regarding the ngo registration procedure in india, in connection with these three most popular and preferred categories of NGOs.
The ngo registration procedures are described below explicitly, for each of these categories- Trusts: For formation of a trust, there are needed only two trustees, at a minimum; there being no limit to the maximum number of persons or trustees to the trust. In India, trusts with diverse objectives are registered under the relevant State Trust Act, or the Indian Trust Act of 1882. Involvement of real estate property is most common in connection with trusts. The most important document regarding the formation and management of a trust is the Trust Deed. Executed on the non-judicial stamp paper, the trust deed contains the objectives behind the formation of the trust, goals of the trust, how the trust would be managed, how works of the trust would be performed or evaluated, how more trustees would be appointed, etc. Registration of trusts is made with the regional Deputy Registrar/Charity Commissioner. Along with the trust deed, other documents required for trust registration are Affidavit and Consent Letter.
- Societies: For establishing a Society with certain developmental motives, there are required at least seven members within State level, and eight members at the national level. There being no upper limit to the members of managing committee. Registration of societies is made under the Indian Societies Registration Act of 1860, with the Registrar of Societies in the related State. The most significant documents in connection with the registration of a society are – the Memorandum of Association and the Rules and Regulations of the association. No stamp paper is necessary for preparation of these documents. Other documents submitted along with the application form (for registration of a society) and these vital documents, are – consent letters of all managing committee members; authority letter signed by all MC members; affidavit on non-judicial stamp paper sworn by the president or secretary of the society; declaration letter in support of the objectives of the society.
- Section-25 Companies: The section-25 companies are not-for-profit companies, to be established for promoting specific philanthropic and noble objectives in spheres like science, art, charity, religion, commerce, etc. These social welfare companies are registered under the section-25 of the Indian Companies Act of 1956. The minimum number of members required for the formation of such companies is three. The procedure for registration of a section-25 company is almost same as the registration of a commercial company with the Registrar of Companies in the concerned State. The most important documents for registration of such a company are the Memorandum of Association (MOA) and the Articles of Association (AOA), which require no stamp paper. The management of the section-25 company is supervised and regulated by the Board of Directors or Managing Committee.