I want to know the procedure of making NGO and all other related matter.
1. Before you register your trust you will need to decide the following: a) Name of the trust b) Address of the trust c) Objects of the trust(charitable or Religious) d) One settler of the trust e) Two trustees of the trust f) Property of the trust-movable or immovable property (normally a small amount of cash/cheque is given to be the initial property of the trust, in order to save on the stamp duty). 2. Prepare a Trust Deed on stamp paper of the requisite value (8% of the value of property of the trust in Delhi. The rate varies from state to state)
**In India an NGO can be formed by way of Charitable Trust or Society or Section 8 Companies under Companies Act 2013.** **Trust:-** 1. Before you register your trust you will need to decide the following: a) Name of the trust b) Address of the trust c) Objects of the trust(charitable or Religious) d) One settler of the trust e) Two trustees of the trust f) Property of the trust-movable or immovable property (normally a small amount of cash/cheque is given to be the initial property of the trust, in order to save on the stamp duty). 2. Prepare a Trust Deed on stamp paper of the requisite value (8% of the value of property of the trust in Delhi. The rate varies from state to state) 3. Requirement for registration of Trust Deed with the Local Registrar under the Indian Trusts Act, 1882: a) Trust Deed on stamp paper of requisite value (as stated on point no.2 above) b) One passport size photograph & copy of the proof of identity of the settler c) One passport size photograph & copy of the proof of identity of each of the two trustees. d) One passport size photograph & copy of the proof of identity of each of the two witnesses. e) Signature of settler on all the pages of the Trust Deed f) Witness by two persons on the Trust Deed. 4. Go to the local registrar & submit the Trust Deed, along with one Photocopy, for registration. The photocopy of the Deed should also contain the signature of settler on all the pages. At the time of registration, the settler & two witnesses are required to be personally present, along with their identity proof in the original. 5. The Registrar retains the photocopy & returns the original registered copy of the Trust Deed. **Society: -** A society can be formed by a group of seven or more people provided they are not connected by way of Blood Relation and collectively it will be called the Governing Body. **Documents required for Society** • Registration can be done either at the state level (i.e., in the office of the Registrar of Societies) or at the district level (in the office of the District Magistrate or the local office of the Registrar of Societies) • Memorandum of association and Bye – Laws containing rules and regulations • Consent letters of all the members of the managing committee • Authority letter duly signed by all the members of the managing committee • An affidavit sworn by the president or secretary of the society on non-judicial stamp paper of Rs.20-/, together with a court fee stamp • A 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. **SECTION 8 COMPANIES :**- In order to incorporate Section 8 Company we need followings: 1) Director Identification Number of Applicant (At least two) – Apply in FORM DIR -3 2) Digital Signature of directors 3) Make and application to Registrar for reservation of name for section 8 company in INC - 1 4) Make an application in Form No.INC.12 to the Registrar for a license under sub-section (1) of section 8. **Following Documents are to make an application:-** (a) The draft memorandum and articles of association of the proposed company; (b) the declaration in Form No.INC.14 by an Advocate, a Chartered Accountant, Cost Accountant or Company Secretary in practice, that the draft memorandum and articles of association have been drawn up in conformity with the provisions of section 8 and rules made there under and that all the requirements of the Act and the rules made thereunder relating to registration of the company under section 8 and matters incidental or supplemental thereto have been complied with; (c) An estimate of the future annual income and expenditure of the company for next three years, specifying the sources of the income and the objects of the expenditure; (d) The declaration by each of the persons making the application in Form No. INC.15. 5) After obtaining license applicant have to file Form INC-7, INC-22 and DIR-12 **For Form INC – 7** we will need followings: (a) MOA and AOA (b) Declaration in Form INC 8 (c) Affidavit from each of the subscriber to the memorandum in Form No. INC.9 (d) Proof of residential address (e) Specimen Signature in Form INC.10 (f) Proof of identity (g) PAN Card **For Form INC – 22** we will need followings: (a) Proof of Registered Office address (Conveyance/ Lease deed/Rent Agreement along with the rent receipts) etc. (b) Copies of the utility bills as mentioned above (not older than two months); (c) A proof that the Company is permitted to use the address as the registered office of the Company if the same is owned by any other entity/ Person (not taken on lease by company); (d) Copy of order of competent authority; **For Form DIR-12** we will need followings: (a) Declaration by the First Director
**REGISTERED NGO** Formation and Registration of a Non -Profit organisations in India 1) Trust 2) Society 3) Section-25 Company Additional Licensing/ Registration Registration Procedure -Society According to section 20 of the Societies Registration Act, 1860, the following societies can be registered under the Act: ‘charitable societies, military orphan funds or societies established at the several presidencies of India, societies established for the promotion of science, literature, or the fine arts, for instruction, the diffusion of useful knowledge, the diffusion of political education, the foundation or maintenance of libraries or reading rooms for general use among the members or open to the public, or public museums and galleries of paintings and other works of art, collection of natural history, mechanical and philosophical inventions, instruments or designs.’ Legislation : Societies are registered under the Societies Registration Act, 1860, which is a federal act. In certain states, which have a charity commissioner, the society must not only be registered under the Societies Registration Act, but also, additionally, under the Bombay Public Trusts Act. Main Instrument : The main instrument of any society is the memorandum of association and rules and regulations (no stamp paper required), wherein the aims and objects and mode of management (of the society) should be enshrined. Trustees : A Society needs a minimum of seven managing committee members; there is no upper limit to the number managing committee members. The Board of Management is in the form of a governing body or council or a managing or executive committee Application for Registration : Registration can be done either at the state level (i.e., in the office of the Registrar of Societies) or at the district level (in the office of the District Magistrate or the local office of the Registrar of Societies).(2) The procedure varies from state to state. However generally the application should be submitted together with: (a) memorandum of association and rules and regulations; (b) consent letters of all the members of the managing committee; (c) authority letter duly signed by all the members of the managing committee; (d) an affidavit sworn by the president or secretary of the society on non-judicial stamp paper of Rs.20-/, together with a court fee stamp; and (e) a 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. All the aforesaid documents which are required for the application for registration should be submitted in duplicate, together with the required registration fee. Unlike the trust deed, the memorandum of association and rules and regulations need not be executed on stamp paper.
Hie Rohit , **Brief step-by-step guide for starting your own NGO in India :-** 1.Lay down the issues that your NGO wants to address, and identify the mission and vision. 2. Before registering the organization, you need to have a governing body in place, that will be responsible for all activities and decisions of the organization. The governing body will be involved in all matters of strategic relevance, including strategic planning, financial management, human resources and networking. 3.Every NGO in India is legally required to document a trust deed/ Memorandum of Understanding/Bylaws that contain the name and address of the NGO, mission and objectives, details of governing body members, human resource and staffing information, rules and regulations, administrative laws and procedures. 4. In India, you may register an NGO under any of the following Acts: - Indian Trusts Act: A Charitable Trust is not legally obliged to obtain registration; unless the Trust wants to claim income tax exemptions or is based in a state that is governed by the Public Trusts Act, such as Maharashtra. - Societies Registration Act: A society can be formed by a group of seven or more people. Its formation is more complicated than that of a trust, but it also affords more flexibility in terms of regulations. - Companies Act: An association that is formed for the promotion of art, science, commerce, religion or charity can be registered as a company but its members cannot be paid a dividend. All profits should be utilized for furthering the objectives of the company. 5. Raise funds through internal sources (membership fees, sales, subscription charges, donations, etc.) or grants-in-aid from the Government, private organizations or foreign sources. Inflow of foreign funds is governed by the Foreign Contribution Regulation Act (FCRA) 1976. Many NGOs are eligible for tax exemptions - be sure to check your eligibility status and file your application if the exemption applies to you. 6. Besides meeting the above mandatory requirements, you need to build a wide professional network with other NGOs, government agencies, media and the corporate sector. Like most other organizations, an NGO thrives primarily on the strength of partnerships.