How is an NGO registered?
How is an NGO registered in Delhi? What all is required?
"Registration of a society in Delhi have been provided under the Societies Registration Act, 1860 as applicable to the NCT of Delhi".
NGO formation in India is basically a legal process. In India NGOs can be registered as trusts, societies, or a private limited nonprofit company, under section 25 of Companies Act, 1956. Generally NGOs are registered under the Societies Registration Act, 1860, which is a central Act and applicable in Union Territory of Delhi also. Formalities of registration and requirement of documents etc. may differ slightly from State to State. But, generally the procedure includes:
All the documents mentioned above are required to be submitted in duplicate, together with the required registration fee. In my knowledge normally fee of Rs 50/- is payable as registration fee of a society and it should accompany the request for registration payable in cash or by Demand Draft. In Union Territory of Delhi the Registrar intimates the applicant society by a letter stating that all the formalities have been completed and the documents filed are acceptable. The applicant society is required to deposit the registration fee after receipt of this letter.
On receiving the documents mentioned above the Registrar shall satisfy himself about the compliance of the provisions of the Act and correctness in his hand that the society is registered under the Principal Act 1860 or other corresponding Acts.
An NGO can be registered as a trust, a society, or a private limited company. Let us see the requisites of each of them separately.
A Charitable Trust is not legally obliged to obtain registration; unless the Trust wants to claim income tax exemptions. Nevertheless, it can be registered in the following manner.
· Indian Trusts Act, 1882.
· Since, the trust shall be registered in Delhi; a minimum of two trustees should be from Delhi.
- Personal details of all the trustees with address proof.
- Main Object of the Trust.
- Office Address Proof of the Society.
- Details of the settler.
- Two witness with personal details.
- A copy of the trust deed (executed on stamp paper).
- Consent letter
The application form, with the above documents has to be signed by the applicant before the regional officer or superintendent of the regional office of the charity commissioner or a notary. A very nominal registration fee is paid at this time.
Section 3 read with section 4 and section 20 of the Societies Registration Act, 1860.
- Memorandum of Association and rules and regulations (need not be executed on stamp paper).
- A minimum of seven managing committee members;
- Consent letters of all the members of the managing committee;
- Authority letter duly signed by all the members of the managing committee;
- Declaration by the members of the managing committee that the funds of the society will be used only for the purpose of furthering the aims and objects of the society.
- Affidavit sworn by the president or secretary of the society.
All the aforesaid documents which are required for the application for registration should be submitted in duplicate, together with the required registration fee.
Note: In case any government servant holds elective office, previous sanction of the government is mandatory.
Section 25 of the Indian Companies Act 1956.
- An application for availability of name to the registrar of companies (Form no. 1A, together with a fee of Rs.500/.)
- Memorandum of Association and Articles of Association (duly signed by all the promoters with full name, address and occupation).
- A declaration by an advocate or a chartered accountant that rules have been duly complied with.
- A list of the names, addresses and occupations of the promoters , the members of the proposed board of directors, together with the names of companies, associations and other institutions in which such promoters, partners and members hold responsible positions, if any.
- A statement showing in detail the assets and the liabilities of the association.
- A statement giving a brief description of the work.
- A statement specifying briefly the grounds on which the application is made.
- 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.
The applicant should submit all the above to the regional director of the company law board. And within a week, publish a notice in a newspaper in Hindi (Since, it is in Delhi) and in any English newspaper circulating in that Delhi.
The regional director on being satisfied of the requisites grant the licence.
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