How to register Non Governmental Organisation/ Non Profit Organisation (NGO/NPO) can be defined and followed according to the accepted type of the registration under the certain type and process. Registration of Non Governmental Organisation depends upon that what kind of NGO registration type is accepted then registration process can be defined as per the registration type like it is registered as Trust, Society, Non Profit Company or any other type of NGO under Trust Act, Society Act, Company Act or any other ACt or law. The registered Process for registration of Non Profit Organisation are different according to the different kind of types of NGO as Trust, Society or Non-Profit Company.
For the registration of Voluntary Organisation there are some conditions and requirements are same.
The following requirements are applicable there according to the type of NGO if any one want to register NGO:
1. More than one Members are required to register any Social Organisation. Members can be Two or more than that according to the Registration type valid under any Act.
2. Identification Proof (ID Proof) of every member is required in any process to show and verify that the persons exists with the given identity in the ID proof. ID proof can be any of the Government recognised and registered ID Cards with address such as Aadhar Card, Voter ID Card, Driving License, Passport or any other Government ID card with address is applicable as ID with address proof of the member. PAN can not be accepted as ID proof for Registration as the address is not mentioned in it.
2. Photograph of passport size are required. Photograph can be two or three according to the registration type.
3. Address proof of the Office where the NGO is to be registered. Address must be valid and according to the concerned registrar and according to the different areas of the jurisdiction of registration. There are certain rules applicable on the Registration office but sometimes it depends upon the certain Babus and Registrar that they apply their own rules out of the legal parameters. According to the Office address the jurisdiction is decided and the registration can be done in the related area of the related registrar. It can be society, Company or Trust or any other but the areas will be according to the defined parameters and rules.
4. Memorandum or Constitution (Sanvidhan/संविधान) or Article of Association or Trust Deed is required for the registered of the NGO. The type of the Memorandum can be defined differently according to the registration Act type as Article of Association, Memorandum or Trust Deed but have to submit at the time of registration to register NGO. Without the Memorandum or Constitution or Trust Deed or Article of Association the registration is not possible as this is the ground, base and the document and proof that proves the existence of the Non Governmental Organisation that it exists or not. To identify any organisation as the registered Organisation as Non Profit Organisation or as Non Governmental Organisation the Memorandum is the proof that shows the existence of the organisation is registered.
After registration of NGO the registration certificate is issued along with the Memorandum/ Article of Association/ Constitution/ Trust Deed. The registration Certificate are of different type. For Trust the Registration Certificate are printed in the any back page of the Trust Deed and for society and Company different Registration Certificates are issued by Registrars. All kind of the Registration Certificates, that are issued from the concerned registrars, are accepted at the various places, Government Departments, Ministries, Income Tax Department, Funding Agencies, banks, Governmental authorities, any other places in India and out side India.
5. The rules, regulations, acts, laws, clauses of the related rules, acts and laws of the registration type of process must be included in all kind of Memorandum/ Article of Association/ Constitution/ Trust Deeds. The included rules and bylaws are one part of the Memorandum that define, express, explain, show, clear, guide, mention, verify the working of the members, decisions of the members, way of working of the members and the body of the members, executive committees of the members, area of working of the members, applied rules on the organisation and its members as authorities, recognition to open the bank accounts by the organisation, to register the organisation under Income Tax rebate and other Governmental Departments for different types of registrations, availability of members for existing and new members, tenure of the members/ executives/ bodies and tenure of the registration period of Organisation and many other bylaws, rules, regulations and clauses.
According to the bylaws, clauses and sub clauses the concerned authorities can recognise and authorise the organisation as registered and entitled Non Profit organisation (NGO). Area of operation can be defined and mentioned in the clauses and bylaws of the Memorandum of the NGO. The area of operation can be different and dependent upon the type of registration and place of registration and certain different kind of process and involvement of members of different area depends upon the registration type as Society, Trust or Non Profit Company.
6. The Aims and Objectives are the another part of the Memorandum/ Article of Association/ Constitution/ Trust Deeds. The objectives included in the Memorandum decides the aims and purpose of the Organisation that on what and which areas, sectors, issues and topics the organisation has to work ar may work any of them one of them or all of them. The area of operation can be mentioned and include in the clauses with the Aims and Objectives of the Memorandum. The Aims and Objective can be included and excluded after the registration but the different process depends upon different kind of registration Acts and laws.
7. Signature of the Founder is required. Signatures and photographs are also required of Other members in certain different registrars of different areas, localities, jurisdiction and states in different kind of registration process. In Trust Act the Organisation registered as Charitable Trust is form of NGO has the different rules of the physical presence, consent and/or present the photo IDs on the members.
In some states and some jurisdiction at the time of registration presence of all members are required or and in some states presence is not required in Trust or Society. In society registration presence of al members are not required at he time of registration but some states and in some jurisdiction area presence may required.
In Delhi – in case of the Trust registrations at the time of submission of documents for registration some registrars ask some different requirements of the photos and signatures of all members, some require photos , and signatures of all members whether they are present or not, some registrars ask photos of members and signature of only of the settler, some registrars ask signature and photo of only of the Settler in case other members are not present, and some registrars asks the photo and signature of Settler even all other members are present at the time of submission of registration documents. In Delhi if all the members do not want to present then the only original photo IDs are required with signature on the photocopy of the photo IDs of members. If some members out of all members are present then the registrar allow the presence of Settler not some. There is no rule and law in this regard so they do the Babugiri according to their will and own decisions and somehow the tradition of acceptance on the previous Trust Deeds.
8. Certain Required fees ib to be submitted for the registration. The fee deposit process depends upon the different registrars in different type of registration method and different states and different jurisdictions.
9. The age facture is not decided in almost all acts of registration especially for the registration under Trust Act. But sometimes some registrars accept the membership of the age 21 years of male and 18 years of female. But the mature age is required at all places without any exception at most of the registrar offices.
10. There is no requirement of educational qualification in any kind of registration type.
11. Name of NGO is required to mention in the Memorandum of NGO. The names restricted under emblem act are not allowed for the registration with the restricted name. Sometimes the registrars and concerned authorities can not accept the names similar to Government names. Even in case the names are not mentioned as restricted names then the Babus and registrar can refused to register the NGO with such names that do not suits their desires. In such cases it can be challenged to the higher authoritis, legal authorities or in court for such restriction that are out of law.
Different kind of registration process are applicable under the different kind and types of Act. So it will be clear by reading and knowing the following process that How to Register NGO.
How to Register NGO under Trust Act:
To register NGO Trust Act the NGO must be registered for Charitable Purpose. The Trust registered for Charitable purpose shall be registered as Non Governmental Organisation, as the NGO. Sometimes copied and paste material in the memorandum can create problems so the registration must be submitted through experienced Consultants.
To register NGO under Trust Act the following process and requirement is necessary:
1. Name of NGO is Required
2. Aims and Objectives are required. If any specific aim and objectives or the founders want to focus on some specific issue, then those must me included primarily and highlight them as the main objectives and other general social welfare and social development related projects must be included. If some common objectives are not included then there can be some issue if the specific general issues are not included in the Memorandum that is Trust Deed.
3. At least minimum two members are required. There is no limit of maximum number of members/Trustees. The Trustees are members and members are called Trustee in the Trust Act.
4. There is no need to mention the names of the Executive Body members and their Designation i the Trust Deed.
The Executive Body of NGO/Trust is to be formed after completion of registration.
In case of new members are added after registration then the new members shall be member of the General Body and they can or can not be member or any designation holder in Executive Body of NGO. It depends upon the decision of majority of members.
5. Photo Identification (ID) Proof with address is required must be issued by any Governmental authority such as Aadhar Card. Voter ID, Passport, Driving License etc.
5. Two photographs of each member.
6. Trust Deed as the Memorandum must be prepared.
7. In the Trust Deed Bye Laws must be added according to the Trust and related acts.
8. In the Trust Deed Aims and Objectives must be included. Objectives are the purpose for which NGO is to be formed.
9. Presence of one person as a founder and Settler or Auther of te Trust must be present at the time of submission of Documents for registration in registrar office.
10. Physical Presence of all members other than Settler are necessary in some states but not necessary in Delhi and other few states. The signature, thumb scanning and photographs will be taken by official camera and all will be printed and added on the Trust Deed.
11. The legal fees must be deposited for registration. Fees depends upon the different kind of registrars and the moveable or immovable property is mentioned in the Trust Deed/Memorandum.
The fees is deposited in cash, Demand Draft or by online submission process. At the time of registration the demand draft or online submission slip is to be submitted along with other documents for registration.
11.When the documents and Trust Deed is to be submitted then the photographs and thumbnail print is required on the Trust Deed.
12. The Two witnesses with Photo ID proofs are required at the time of registration in the registrar office. The signatures, thumb scanning and photographs will be taken in registrar office and photographs will be taken by official camera and will be printed on and added on the Trust Deed.
13. After registration document submission the acknowledgement slip is provided to the members or their representative who can collect the Trust Deed Document that is Memorandum.
14. After the certain time the Trust Deed can be collected from the registrar office where it is submitted. In most of the registrar offices seven days are maximum time if there is no other any issue in the registration process.
If you can you have to register at your level. But it is important to prepare memorandum, objectives, byelwas and other required legal process you have to contact legal Consultants. You can contact here to NGO Consultant for NGO Registration.
It is not necessary to register NGO if you want to do Social work only. Without registering the NGO you can do Social work. But you are expecting to get funds and money for the work then you have to spend for the legal consultation to register NGO. If you have entrepreneurial vision and professionally want to work then you must proceed for get consultancy services.
You can know more about Why to Register NGO.