for more info check at http://www.ngosindia.com/resources/ngo_registration.php
NGO Registration Methods - 1
1. Trust 2. Society, and 3. Non profit Company
In India non profit / public charitable organisations can be registered as trusts, societies, or a private limited non profit company, under section-25 companies. Non-profit organisations in India (a) exist independently of the state; (b) are self-governed by a board of trustees or ‘managing committee’/ governing council, comprising individuals who generally serve in a fiduciary capacity; (c) produce benefits for others, generally outside the membership of the organisation; and (d), are ‘non-profit-making’, in as much as they are prohibited from distributing a monetary residual to their own members.
Section 2(15) of the Income Tax Act – which is applicable uniformly throughout the Republic of India – defines ‘charitable purpose’ to include ‘relief of the poor, education, medical relief and the advancement of any other object of general public utility’. A purpose that relates exclusively to religious teaching or worship is not considered as charitable. Thus, in ascertaining whether a purpose is public or private, one has to see if the class to be benefited, or from which the beneficiaries are to be selected, constitute a substantial body of the public. A public charitable purpose has to benefit a sufficiently large section of the public as distinguished from specified individuals. Organisations which lack the public element – such as trusts for the benefit of workmen or employees of a company, however numerous – have not been held to be charitable. As long as the beneficiaries of the organisation comprise an uncertain and fluctuating body of the public answering a particular description, the fact that the beneficiaries may belong to a certain religious faith, or a sect of persons of a certain religious persuasion, would not affect the organisation’s ‘public’ character.
Whether a trust, society or section-25 company, the Income Tax Act gives all categories equal treatment, in terms of exempting their income and granting 80G certificates, whereby donors to non-profit organisations may claim a rebate against donations made. Foreign contributions to non-profits are governed by FC(R)A regulations and the Home Ministry.
CAF would like to clarify that this material provides only broad guidelines and it is recommended that legal and or financial experts be consulted before taking any important legal or financial decision or arriving at any conclusion.
Formation and Registration of a Non -Profit organisations in India
1) Trust
2) Society
3) Section-25 Company
Additional Licensing/ Registration
I. Trusts
A public charitable trust is usually floated when there is property involved, especially in terms of land and building.
Legislation : Different states in India have different Trusts Acts in force, which govern the trusts in the state; in the absence of a Trusts Act in any particular state or territory the general principles of the Indian Trusts Act 1882 are applied.
Main Instrument : The main instrument of any public charitable trust is the trust deed, wherein the aims and objects and mode of management (of the trust) should be enshrined. In every trust deed, the minimum and maximum number of trustees has to be specified. The trust deed should clearly spell out the aims and objects of the trust, how the trust should be managed, how other trustees may be appointed or removed, etc. The trust deed should be signed by both the settlor/s and trustee/s in the presence of two witnesses. The trust deed should be executed on non-judicial stamp paper, the value of which would depend on the valuation of the trust property.
Trustees : A trust needs a minimum of two trustees; there is no upper limit to the number of trustees. The Board of Management comprises the trustees.
Application for Registration :
The application for registration should be made to the official having jurisdiction over the region in which the trust is sought to be registered.
After providing details (in the form) regarding designation by which the public trust shall be known, names of trustees, mode of succession, etc., the applicant has to affix a court fee stamp of Rs.2/- to the form and pay a very nominal registration fee which may range from Rs.3/- to Rs.25/-, depending on the value of the trust property.
The application form should be signed by the applicant before the regional officer or superintendent of the regional office of the charity commissioner or a notary. The application form should be submitted, together with a copy of the trust deed.
Two other documents which should be submitted at the time of making an application for registration are affidavit and consent letter.
II. 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.
III. Section-25 Company
According to section 25(1)(a) and (b) of the Indian Companies Act, 1956, a section-25 company can be established ‘for promoting commerce, art, science, religion, charity or any other useful object’, provided the profits, if any, or other income is applied for promoting only the objects of the company and no dividend is paid to its members.
Legislation : Section-25 companies are registered under section-25 of the Indian Companies Act. 1956.
Main Instrument : For a section-25 company, the main instrument is a Memorandum and articles of association (no stamp paper required)
Trustees : A section-25 Company needs a minimum of three trustees; there is no upper limit to the number of trustees. The Board of Management is in the form of a Board of directors or managing committee.
Application for Registration :
1.An application has to be made for availability of name to the registrar of companies, which must be made in the prescribed form no. 1A, together with a fee of Rs.500/-. It is advisable to suggest a choice of three other names by which the company will be called, in case the first name which is proposed is not found acceptable by the registrar.
2.Once the availability of name is confirmed, an application should be made in writing to the regional director of the company law board. The application should be accompanied by the following documents:
Three printed or typewritten copies of the memorandum and articles of association of the proposed company, duly signed by all the promoters with full name, address and occupation.
A declaration by an advocate or a chartered accountant that the memorandum and articles of association have been drawn up in conformity with the provisions of the Act and that all the requirements of the Act and the rules made thereunder have been duly complied with, in respect of registration or matters incidental or supplementary thereto.
Three copies of a list of the names, addresses and occupations of the promoters (and where a firm is a promoter, of each partner in the firm), as well as of 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 of the proposed board of directors are directors or hold responsible positions, if any, with description of the positions so held.
A statement showing in detail the assets (with the estimated values thereof) and the liabilities of the association, as on the date of the application or within seven days of that date.
An estimate of the future annual income and expenditure of the proposed company, specifying the sources of the income and the objects of the expenditure.
A statement giving a brief description of the work, if any, already done by the association and of the work proposed to be done by it after registration, in pursuance of section-25.
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.
3.The applicants must also furnish to the registrar of companies (of the state in which the registered office of the proposed company is to be, or is situate) a copy of the application and each of the other documents that had been filed before the regional director of the company law board.
4.The applicants should also, within a week from the date of making the application to the regional director of the company law board, publish a notice in the prescribed manner at least once in a newspaper in a principal language of the district in which the registered office of the proposed company is to be situated or is situated and circulating in that district, and at least once in an English newspaper circulating in that district.
5.The regional director may, after considering the objections, if any, received within 30 days from the date of publication of the notice in the newspapers, and after consulting any authority, department or ministry, as he may, in his discretion, decide, determine whether the licence should or should not be granted.
6.The regional director may also direct the company to insert in its memorandum, or in its articles, or in both, such conditions of the licence as may be specified by him in this behalf.
IV. Special Licensing
In addition to registration, a non-profit engaged in certain activities might also require special license/permission. Some of these include (but are not limited to):
A place of work in a restricted area (like a tribal area or a border area requires a special permit – the Inner Line Permit – usually issues either by the Ministry of Home Affairs or by the relevant local authority (i.e., district magistrate).
To open an office and employ people, the NGO should be registered under the Shop and Establishment Act.
To employ foreign staff, an Indian non-profit needs to be registered as a trust/society/company, have FCRA registration and also obtain a No Objection Certificate. The intended employee also needs a work visa.
A foreign non-profit setting up an office in India and wanting staff from abroad needs to be registered as a trust/society/company, needs permission from the Reserve Bank of India and also a No Objection Certificate from the Ministry of External Affairs.
Sunday, July 31, 2011
Thursday, June 23, 2011
Monday, February 21, 2011
village geographical information
1. Collecting village geographical information
2. Agricultural lands
3. Length of Major and minor Roads
4. Resources in village
2. Agricultural lands
3. Length of Major and minor Roads
4. Resources in village
5 simple steps to eradicate corruption
1. Uniqueness of person or material or activity
2. Maintaining Records at every stage
3. Feedback control system (FBS) at every Govt/Private organisations
4. FBS controlled by Non Political system
5. Instant punishments with in a definite time period.
2. Maintaining Records at every stage
3. Feedback control system (FBS) at every Govt/Private organisations
4. FBS controlled by Non Political system
5. Instant punishments with in a definite time period.
Tuesday, January 25, 2011
what to do ?
well , welcome to the next step ! . so you have decided to do some thing !. great ! and cheers.
Your little contribution will change lot of peoples life.
Read the Village architecture post and take the one that you are interested and collect the information that is useful for village development and put your ideas. For example take village lighting , collect information that is best suitable for village lighting and cost of laying for 1 km road and various sources that we can buy it for best price and cost of erection and implementation etc ...
Finally all the information will be collected and we will choose the best one for implementing it.
Thanks in advance
Village master
Monday, January 10, 2011
Please read my word first
Motivation, Target, Aim , Goal .. what ever the word will be, after reading this message, if you think that you want to do something for our country, I feel that I have crossed one step further to reach my goal.
We born and struggled a lot to complete our education and finally got a job . Some of them might be married and have good family and we are some what comfortable in our life. May be many of us started thinking about your families like your parents does. But we are forgetting the past, all the struggle that we faced and we just following and living like a common living being . in my word , every living being in this world doing the same thing and there is no difference.
We are human beings what makes difference with them ? ever body forgetting why we are studying and what for ? . If you reach your personal goals that is limited to you and only to you. what is the use for others ? . unless you share your knowledge and time your life will be incomplete and no difference with other living beings.
Normally after seeing our day to day problems, we think that some one has to come to change this world. But every body forgetting why can't he be the some one. we completely forgetting our inner energy and never take it out. when we are in struggle or in problem we think of some one to help us and when we are at comfort we completely forget to help others. Once we get the job we forgetting our country and we focus is limited our family and we are using our knowledge and time for self development. I will not say it is incorrect, but there must be a threshold limit for that. Like we developed ourselves , we should develop our country and many people waiting for our help.
We educated, energetic and techno guys make a step further and use our expertise and spare some time for developing a process that fill the holes that causing the corruption, I hope we can change the world. What is missing in this current government system is feed back control system at every step, may be you remember this used to get quality output. Though our government has vigilance/CBI system, they will work after everything is submersed in deep sea and recovery takes even longer time.
The closed loop control system , this is one missing in our day to day government projects and that leads large scams at the end of the some day. In my word if we use transparent system in each every process most of the holes will be filled up easily. For this to accomplish, it will be better to use IT, to develop efficient processes using our expertise that no one can break this and make a solid path for better future for our next generations.
I hope to start the process , I feel better to start from roots of our country , i.e. villages. if roots are strong the tree will be strong and live a long life. I wish to put my efforts and knowledge to develop a software for village management system and for this I need your valuable sources ,suggestions, inputs or what ever the way you like to help your country to develop to achieve this goal.
In my opinion if each and every corporate companies , take one village each year for development using their corporate skills and efficient processes, India development will be accelerated in few years. Take for example a 5000 employee corporate company, If each employee can donate a minimum of Rs 100 each month , it sums to a minimum of Rs 60 Lakhs. If company can adds up to that , we can easily make use of this money for developing a village each year and it can move forward to another village each year.
To achieve our goal, I am putting my efforts to develop village management software that maintains user database, government project/schemes database, the plans for developing village by consolidating various inputs from you all, and utilize the village resources for the developing of their own village. This template village is inspiration to other villages .
so guys decide how do you want to live ! and show your patriotism.
regards
village master
Saturday, January 8, 2011
Model village architecture
1. Know more about panchayat Raj
2. the heads of the village and organization structure
3. Various goverment resources for the village
4. Current activities in the village
5. Immediate activities can be done
6. Creating Trust for the village development
7. Take a tour of the village. Gathering with people.
8. How many houses in the village
9. Using GPS for calculating Geographical areas
10. How many main roads
11. Cost of roads per km, both concrete, and Tar
12. Drainage costs per km
13. Indentify the cost of Lighting for houses and roads
14. Cost of laying pavments for the roads
15. Land for debris
16. Employees for collecting debris
17. Cost of constructing common/individual bath rooms
18. Employees for common bath room maintenance
19. Welfare activities
20. Indentifyng right people for each project
what Village master and Trust will do ?
Develops a software after consolidation of various inputs from this post.
The idea is Best utilizing village resources for the same village development and develop prototype village
1. Develop software for village management
2. Records of each person including relations, contacts, idproofs, photo, qualifications
3. Nature of work, willing to work ?
4. interest to work for free for the village ?
5. Records of Village Geographical information
3. Records for Accounting
4. Records for each project
5. Balance sheet
6. Current Activities
7. Recording village Issues and developing ideas
8.Village information Center
9. 1 or 2 computers
10. Telephone
11. Customer care Staff
12. information gathering staff
13.Gathering List of people
14. Identifying position/job/Education with photographs
15. Starting with grand father information
16. Report of how many men, women, children, job holders, areas of job interest
17. Agricultural Area
18. Housing
19. Public Area
20. Existing Roads length
21.Collecting village problems
22. Reportig mechanism
23. Idetifying simple and low cost problems and prioritize
24.Gathering suggesions/ideas for the development
25. Reportig mechanism
26. Idetifying simple and low cost problems and prioritize
27.Identifying resources for the village
28. Health/Medical
29. Clean and Greeen
30. Electricity lighting
31. Roads
32. Sulabh Complexes
33. Water Supply
34. Agriculture infrastructure
35. Elementary Schools
36. High Schools
37. Libraries
38.Drainage
39 .Identifying Government resources
40. Village Development Groups
41. Government Schemes
42.Develop Village Welfare system
43. Feed back system
44. Problem reporting
45. Ideas/suggestions
46. Cost calculation
47. Fund/Expense Calculation
48. Notification/Reports
49. Funds calculations
50.Gathering infrastructure cost
51. Cost of laying Roads/per km, Cement, Tar
52. Cost of lighting/km
53. Solar lighting
54. Agriculture equipment/Tools cost
55.Identifying Trust Rules and Limitations
56. No political interests
57. Take help of Political heads for any government execution is needed
58. Funds collection
42. Quotations
1. Manam baguapdatham, Manathopatu mana gramannni bagupaduddam
2. mana inti subrham chesinatte, mana gramanni subrahpadutham
3. Mana raboyi tharaniki manchi vyavashtha erapatu cheddam
4. Mana abivruddi padtham lo prabuthavaniki mana vanthu sahayam cheddam
5. Grama abivrudde desasbhi vruddi
6. mana gramam desaniki machhuthunakala vundali
7. rojulo konhtasamayanni sankhemaniki vupayoiddam
8. Desabakhthi ante samvatharam ki oksari jenda egaraydam tho saripodhu, man thoti baratheeyoullaku
sahayam padadam, dasaabivtuddiki mana vanthu sahayanni addidam
9. Gramabi vriddiki sahayam chesi , mana desabhakthini chatudham
10.Mana thotivari anandham, mana anandham kavali
11.Grameena nyavyavasthanu punaruddhariddam
Panchayat Raj
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