What are the formalities involved in starting an All India level NGO?
I want to start an NGO at all India Level. What are the legal formalities involved in it?
NGO can be registered under Societies Registration Act, 1860. All the states in India have adopted this act (with or without modifications) to create authorities at state level that register non-profit organizations.
1. The main documents in the registration of a society are Memorandum of Association (MOA) and Rules and Regulations (RR). These two documents are written/printed/typed on plain papers.
2. Minimum seven people are required to form a society. There is no upper limit on the number of members.
3. These members have various designations that can be decided among themselves. Common designations are President, Vice-Present, Secretary, Joint-Secretary and Treasurer etc.
4. These members are collectively called the Governing Body. This body directs and controls the functioning of the society.
5. All the members of society are elected for a specific period (which should be mentioned in the MOA).
After expiry of this period; the post is filled through elections in which members of the Governing Body take part.
6. Because of the involvement of election process –societies are more democratic than trusts. But at the same time –power struggle and politics may also creep in as drawbacks. In case of societies, through election politics, it is possible to remove the person who had initiated the society in the first place.
7. Unlike trusts, societies function only within a specified geographical area. To make an all India level society, you would need at least eight members (of which five should be from different states of India)
8. The Memorandum of Association must mention:
1. Name of the Society
2. Address of the registered office
3. Names, designations, addresses and occupations of the members of first governing body
4. Objectives of the society
9. No stamp paper is required for MOA and RR
10. Most important part of the MOA that you should pay attention to is objectives. You should be as thorough as possible in writing down objectives so that you can function smoothly without any problems.
11. Related people (i.e. belonging to the same family) cannot be part of the governing body.
12. Members of the Governing Body can not draw any remuneration from the society funds.
13. While executing their duties as members, expenses incurred by the members of the Governing Body can be reimbursed from the society funds.
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