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Procedure for shutting down a registered NGO
29-Nov-2023 (In Documentation Law)
I registered my organisation about 11 months before as an NGO in chennai. I didn't apply for PAN card due to some issues in local address prof etc. We didn't receive any major donation or any donation and the organisation is basically self funded.so we are running at a loss, and i want to shut this NGO and open a pvt with same ideals what should I do ?and how ?
NGOs are government (legally) registered private organizations that do not work for profit making and hence they are sometimes also referred as Nonprofit Organizations. Most of the activities performed by NGOs are social. NGOs are generally constituted by people with an intention to bring change in society. Different NGOs can have their different goal. Some work to bring social awareness in a particular society. Some work for poor and underprivileged children and so on. Most NGOs depend on funding to maintain their operation. In many countries funding to an NGO can give a benefit of tax exemption. In India one can register his own NGO under Societies Registration Act, 1860.
Provision for dissolution of societies and adjustment of their affairs
Any number not less than three-fifths of the members of any society may
determine that it shall be dissolved, and thereupon it shall be dissolved forthwith,
or at the time then agreed upon, and all necessary steps shall be taken for the
disposal and settlement of the property of the society, its claims and liabilities
according to the rules of the said society applicable thereto, if any, and if not,
then as the governing body shall find expedient, provided that, in the event of any
dispute arising among the said governing body or the members of the society,
the adjustment of its affairs shall be referred to the principal court of original civil
jurisdiction of the district in which the chief building of the society is situate; and
the court shall make such order in the matter as it shall deem requisite.
Assent required: Provided that no societies shall be dissolved unless three-fifths
of the members shall have expressed a wish for dissolution by their votes
delivered in person, or by proxy, at a general meeting convened for the purpose:
Government consent: Provided that 4
[whenever any Government] is a member
of, or a contributor to, or otherwise interested in any society registered under this
Act, such society shall not be dissolved 5
[without the consent of the Government
of the 6
[State] or registration].
Provision for dissolution of societies and adjustment of their affairs
Any number not less than three-fifths of the members of any society may
determine that it shall be dissolved, and thereupon it shall be dissolved forthwith,
or at the time then agreed upon, and all necessary steps shall be taken for the
disposal and settlement of the property of the society, its claims and liabilities
according to the rules of the said society applicable thereto, if any, and if not,
then as the governing body shall find expedient, provided that, in the event of any
dispute arising among the said governing body or the members of the society,
the adjustment of its affairs shall be referred to the principal court of original civil
jurisdiction of the district in which the chief building of the society is situate; and
the court shall make such order in the matter as it shall deem requisite.
Assent required: Provided that no societies shall be dissolved unless three-fifths
of the members shall have expressed a wish for dissolution by their votes
delivered in person, or by proxy, at a general meeting convened for the purpose:
Government consent: Provided that 4
[whenever any Government] is a member
of, or a contributor to, or otherwise interested in any society registered under this
Act, such society shall not be dissolved 5
[without the consent of the Government
of the 6
[State] or registration].
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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