NGO Registration in Jaipur
NGO in Jaipur can be registered either as a Society, Trust or Section 8 Company. The purpose of all the three types of NGO is same i.e to carry on the activities in the nature of charitable, social welfare, non-profit etc.
NGOs are legally established organizations which are generally considered to be non-profit oriented groups whose ultimate purpose is to work for public interest towards the welfare of the public, child education, a social agenda, care of environment, wildlife, etc and they work independently from the Government. Generally, the activities of NGO’s are to promote the interests of the poor, protect the environment, provide basic social services, or undertake community development and to promote the art, culture and science in India. The full form of NGO is Non-Governmental Organization, NGO’s are also referred to as Non-Profit Organizations (NPO’s) sometimes
These are organizations that operate independently of the government and focus on various social, environmental, or cultural causes. NGOs play a pivotal role in driving positive change by addressing issues such as education, healthcare, environmental conservation, and more.
Meaning of NGO
NGO stands for non-governmental organization. While there is no universally agreed-upon definition of an NGO, typically it is a voluntary group or institution with a social mission, which operates independently from the government.
NGOs or similar organizations exist in all parts of the world. What is considered an NGO in one country may not qualify as an NGO in another, as legal definitions, permitted activities, monitoring, and oversight differ from country to country. The term can encompass many types of organizations. Now lets understand the different Acts under which an NGO can be registered in Jaipur.
Benefits of NGO Registration in Jaipur
Types of NGO Registration in Jaipur
Section 8 Company Registration
A NGO could be registered as a Section 8 Company or commonly known as a Non-Profit organization as per the provisions of the Companies Act 2013.Such companies are incorporated in a manner similar to a public or private company, except the fact that they primarily work for social welfare objectives such as promotion of education, arts, science, research or any similar one, rather than for the purpose of generation of profits.
Section 8 Companies are similar to a Trust or Society as the Societies and Trusts. However, Societies and Trust work as per the State Government regulations whereas Section 8 Company is registered under the Central Government’s “Ministry of Corporate Affairs (MCA)”. Being recognized centrally Section-8 Companies/NPOs have higher credibility amongst the stakeholders and donors.This type of NGO is favorable for those who want to work on PAN India Basis and on a greater scale. Minimum members required to incorporate Section-8 Foundation is 2 members.
Documents Required for Section-8 Foundation
- Address Proof of the Members and Directors (Utility Bill/Telephone Bill/Mobile Bill/Bank Statement not older than two months)
- Business Address Proof Owned Property: (Copy of Registry and Latest Govt. Electricity Bill or Water Bill)
- Identity Proof of the Member and Directors of the proposed Company (Aadhar /Voter ID/Driving License/Passport)
- PAN Card of the Member and Directors of the proposed Company
- Latest passport size photograph of Member and Directors
- Passport in case of Foreign Nationals
Trust Registration
Section 2(11) defines Public trust as:
Public trust” means an express or constructive trust for either a public, religious or chartable purpose or both and includes a temple, a math, dharmada or any other religious or charitable endowment or institution and a society formed either for a religious or charitable purpose or for both
Indian Trust Act, 1882 governs the procedure of registration and maintaining the trust in India although various states also enacted their own trust acts. Minimum members required for registration of Trust is 3 members. Further, the instrument by which this entire trust is created is called the “trust deed”.
Documents Required for Trust Registration in Jaipur
- The details of Trustees-Name, Father’s name, Age, Residential Address, Occupation, Contact Number and Email address with two latest photographs
Address Proof-Any address proof of the Trustee & the Settlers – Voter I.D / Driving license / Passport
Proof of Property –Electricity Bill or House Tax Receipt or Water Bill Receipt or ownership proof of property. If the property is rented, then a Rent Deed duly notarized with Rent Receipts and NOC
Section 20 states that The following societies may be registered under this Act, namely: –
Societies established for charitable purposes; military orphan funds; societies established for the promotion of [Khadi & Village Industry], literature, science or the fine arts; societies established for instruction the diffusion of useful knowledge or political education; societies established
for the foundation or maintenance of libraries or reading rooms for general use among the members or open to the public or public museums
Society NGO is incorporated under the Society Registration Act, 1860. Societies are formed to serve society and not to earn profits. A minimum number of 7 persons who are above 18 years of age can form a society or an association. There is no such limit for maximum number of persons. The States have defined their own act for formation of societies and their scope of area of work is restricted to the State in which it is registered.
Documents Required for Society Registration in Jaipur
- Address proof Owned: Registry Copy and Electricity Bill
- List of all members forming society
- Aadhar card of all member proposed for registration of society
- PAN card of all member proposed for registration of society
- Covering letter containing objective behind formation of society
- Address Proof Rented: Rent Agreement and Electricity Bill
NGO Registration Procedure in Jaipur
Step 1: Determine the Type of NGO: Choose the appropriate type of NGO structure, such as a trust, society, or section 8 company, based on the organization’s objectives and activities.
Step 2: Select a Unique Name: Select a distinctive name for the NGO that represents its mission and purpose and is not similar to any existing registered entities.
Step 3: Prepare the Memorandum of Association (MoA) and Articles of Association (AoA): Draft the MoA and AoA, which outline the objectives, rules, and regulations governing the NGO’s operations and management.
Step 4: Formulate the Governing Body: Establish a governing body or managing committee comprising individuals who will oversee the NGO’s functioning and decision-making processes.
Step 5: Provide a Registered Office Address: Designate a registered office address for the NGO, where official communications and legal documents can be sent.
Step 6: Prepare the Required Documentation: Gather the necessary documents, including identity proofs, address proofs, and photographs of the governing body members.
Step 7: File the Registration Application: Submit the registration application, along with the required documents, to the appropriate authority such as the Registrar of Societies, Registrar of Trusts, or Registrar of Companies, depending on the chosen NGO structure.
Step 8: Review and Approval: The registration authority will review the application and supporting documents. They may seek additional information or clarification, if necessary.
Step 9: Obtain the Registration Certificate: Upon successful review and approval, the registration authority will issue a registration certificate, confirming the legal status of the NGO.
Step 10: Apply for Tax Exemptions: After obtaining the registration certificate, apply for tax exemptions under the Income Tax Act by obtaining certifications such as 12A and 80G.
Step 11: Ensure Compliance and Reporting: Adhere to ongoing statutory requirements, including maintaining proper accounts, filing annual returns, and submitting audited financial statements.
FAQ on NGO Registration
Q1:Do I need to own office property to start an NGO?
No, you can start an NGO in a rented property as well. You will need a No Objection Certificate (NOC) from the owner of the rented property.
Q2:What type of NGO should I register - Trust, Society or Section-8?
Depending on the type of work and the area of operations, you should choose the type of NGO. It is better to consult any professional to understand the concepts.
Q3:Can a government employee become a trustee?
Yes, a government employee can become a trustee in an Indian trust.
Q4:How many members are required to form an NGO?
The minimum numbers of members required to form an NGO are:
Trust : 3 members
Society: 7 members
Section-8 Foundation : 2 members
Q5:How to register an NGO?
choose between Trust, Society and Section-8 Foundation. Depending upon the entity chosen, choose the name of your Organisation and collect the documents required
Practice area's of B K Goyal & Co LLP
Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice