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NGO Registration in India – An Introduction to NGO Registration under the Society Registration Act, 1860
Introduction
In India, registering a non-governmental organization (NGO) is essential for carrying out various social, charitable, and humanitarian activities. NGO registration process in India is governed by various laws and acts, including the Society Registration Act, 1860, the Indian Trust Act, 1882, and the Companies Act, 2013. The Society Registration Act, 1860 is one of the popular legal mechanisms used for the registration of NGOs in India. In this article, we will focus on the process and requirements for NGO registration under the Society Registration Act, 1860.
What is Society Registration Act, 1860?
The Society Registration Act, 1860 is a central legislation passed by the British government in the year 1860 for the registration of societies for the promotion of literature, science, or fine arts, for charitable purposes, or for any other useful purpose. This act provides a legal framework for the registration of societies and governs their functioning.
The Society Registration Act, 1860 has been enacted to facilitate the registration of societies for various non-profit activities including public charitable activities, education, welfare of children and women, religious and cultural activities, environmental protection, and other social development activities. The Act provides a legal basis for the establishment and operation of non-profit organizations in India.
Procedure for NGO Registration under Society Registration Act, 1860
The process of NGO registration under the Society Registration Act, 1860 is relatively simple and involves the following steps:
Step 1: Formation of a Governing Body
The first step for registering an NGO under the Society Registration Act, 1860 is the formation of a governing body. The governing body is a group of individuals who will be responsible for managing the affairs of the NGO. The governing body should consist of at least seven members (as per the Act). It is essential for the governing body members to be Indian citizens and above 18 years of age.
Step 2: Name Selection and Reservation
Once the governing body is formed, the next step is to select a name for the NGO. The name should not be identical or similar to the name of any existing society or body corporate. The selected name should not violate any provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950. After selecting the name, an application for name reservation needs to be filed with the Registrar of Societies.
Step 3: Preparation of Memorandum of Association and Rules & Regulations
The next step in the registration process is the preparation of a Memorandum of Association (MoA) and Rules and Regulations of the NGO. The MoA is a document that contains the objectives of the society and rules and regulations that govern its operations. The Rules and Regulations detail the internal functioning and management of the NGO. Both the MoA and Rules and Regulations need to be submitted with the application for registration.
Step 4: Submission of Application for Registration
After the MoA and Rules & Regulations are prepared, the next step is to prepare an application for the registration of the NGO. The application should be submitted to the Registrar of Societies along with the following documents:
i. Covering letter
ii. Memorandum of Association
iii. Rules and Regulations
iv. List of governing body members with their names, addresses, and occupations
v. Declaration by the governing body members
vi. Consent letters of governing body members
vii. Registered office address proof
viii. No-objection certificate from the owner of the registered office
Step 5: Scrutiny and Approval
Once the application and accompanying documents are submitted, the Registrar of Societies will scrutinize the application. If all the required documents and information are in order, the Registrar will issue the Certificate of Registration. The NGO comes into existence from the date of the issuance of the Certificate of Registration.
Benefits of NGO Registration under Society Registration Act, 1860
NGO registration under the Society Registration Act, 1860 offers various benefits to the organization. Some of the key benefits include:
i. Legal Recognition: Registration under the Society Registration Act, 1860 provides legal recognition to the NGO as a separate legal entity. It enables the NGO to enter into contracts, acquire property, and engage in legal proceedings in its own name.
ii. Tax Exemptions: Registered NGOs are eligible for tax exemptions under various provisions of the Income Tax Act, 1961. Donors to registered NGOs are also entitled to tax benefits on their donations.
iii. Fundraising: Registered NGOs can access a wide range of funding opportunities from government agencies, international organizations, and corporate entities.
iv. Greater Credibility: Registration enhances the credibility and trustworthiness of the NGO among donors, beneficiaries, and the general public.
v. Transparency and Accountability: Registration provides a framework for proper governance, transparency in operations, and accountability of the NGO to its stakeholders.
vi. Recognition for Foreign Contributions: Registered NGOs are eligible to receive foreign contributions under the Foreign Contribution (Regulation) Act, 2010.
Conclusion
The Society Registration Act, 1860 provides a legal framework for the registration of NGOs in India. It facilitates the formation and operation of societies engaged in various charitable, social, and philanthropic activities. NGO registration under this Act offers several benefits including legal recognition, tax exemptions, fundraising opportunities, credibility, and transparency. By following the prescribed procedures and fulfilling the requirements, NGOs can obtain registration under the Society Registration Act, 1860 and contribute to the social and economic development of the country.
In conclusion, the registration of an NGO under the Society Registration Act, 1860 is an essential step in establishing and operating a non-profit organization in India. The process of registration is relatively simple and provides legal recognition, credibility, and access to various benefits and opportunities for the organization. NGOs are encouraged to fulfill the necessary requirements and undergo the registration process to contribute effectively to the well-being of society.,
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This article is only published for informational purposes. Please consult your Chartered Accountant or Financial Advisor before making any important financial decisions. This article has been written by Chartered Accountant Avik Kedia.The images displayed here have been generated using openai chatgpt or google gemini or microsoft bing copilot or google bard or Twitter Grok Ai other X AI artificial intelligence ai tools and plugins and scripts and websites and applications. You may download and use these images for your personal projects at your own discretion.
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