Overview of NGO registration in Jharkhand
Jharkhand is the most mineral-rich state in India. Because of its resources, it has always been a hub for various factories and industries such as steel plants, power generation plants, automobile plants, cement plants etc. Apart from this, many people in the state work in the agriculture sector. Yet a significant population is dependent on not-for-profit organisations for their welfare and development. Currently, many organisations focus on issues such as education for all, environment conservation, child healthcare, fostering sports and empowering women. There are many ways to complete an NGO registration in Jharkhand, such as:
- NGO registration as Trust
- NGO Registration as Society
- NGO Registration as Section 8 Company
Basic Requirements for Registering an NGO
Irrespective of the type of NGO registration, there are certain basic requirements an organisation needs to comply with:
- Number of members: it is mandatory for an organisation to register as NGO to have more than one person as its member. All three registration types require the organisation to have more than one member. Otherwise, the registration won't be possible.
- Identification: The members of the registered organisation need to provide valid government-authorised proof of identification. This can include Aadhar card, voter-id, driving license or passport.
- Official Address: The applicant must own a place for the registration of the NGO. The address is mandatory for all the applications. It also enables finding the jurisdiction of the appropriate registrar to submit the fees and documents. If the land is taken on rent, an NOC must be obtained from the owner before submitting the application.
- Memorandum: The members must prepare a memorandum of association or deed (in the case of Trust). These documents are essential for the registration of an NGO. The memorandum must clearly state the reason for the organisation's formation and the objectives it must follow.
Bye Laws: Each organisation must prepare a set of Bye-laws and rules for the functioning of the NGO. These are the internal rules based on which the members shall carry out the day-to-day activities of the NGO.
Types of NGO Registration in Jharkhand
The NGO Registration in Jharkhand can be completed in any of the following ways:
- Trust: these are charitable trusts that can be registered as NGOs. In such type of NGO registration, there is a Settlor who shall give away his property to a group of people called the trustees. These trustees shall look after the property for the welfare of third parties known as the beneficiaries. The settlor must draft a trust deed that denotes the property to be used, its trustees, and the purpose for which the property must be used. To register a trust, one should meet norms laid down by the Indian trust Act.
- Society: Society is an entity created by like-minded people who work to foster arts, culture, education, and social welfare without making any monetary gain. The societies registration Act, 1860, governs this type of NGO. A minimum of 7 members are required to register a Society as an NGO.
- Section 8 Company: The Section 8 Company under the Companies Act 2013 is registered for promoting non-profit activities like charitable work, religious work, social welfare and environmental protection. If the company earns any profit, it should be again invested in promoting the objective of the NGO rather than distributing them as dividends to shareholders. A minimum of two people are required to register for this type of NGO.
Documents required for NGO registration in Jharkhand:
The following documents are required for Ngo registration in Jharkhand
Section 8 Company
Procedure for NGO registration in Jharkhand:
An NGO registration can be completed in the following ways:
- NGO registration as a Trust in Jharkhand:
- The members must select an appropriate name for the trust. The settlor must ensure that the name does not violate any Emblems and Names Act provisions.
- The settlor must draft a trust deed that clearly states the Trust's objectives.
- The settlor must select the trustees, and the trust must have a minimum of two trustees.
- Then a memorandum of association must be prepared. The memorandum will state the purpose and objective of the trust for the members.
- Once the steps mentioned above are completed, the requisite fee must be paid.
- When the documents are submitted, the applicant shall receive the certified copy of the Documents within the span of one week.
- An application must be made to the local registrar along with certified copies.
- If everything is upto the mark, the registrar shall issue the certificate of registration within the next seven days.
- NGO registration in Jharkhand as a Society:
- Select an Appropriate name for the society. It should conform to the norms of the society registration act 1860. Nothing in the name should suggest the society has any affiliation to the central or the state government.
- Society must have a well-drafted memorandum. It should be able to elucidate the ideas and objectives of the members.
- All the members of the society need to sign the society's memorandum of association.
- The society must provide all the relevant documents that include the name of the society, address proof of the entity, Identity proof of all the members and copies of the bye-laws and MoA.
- The registrar shall cross-check all the information. If he is satisfied, then the certificate of registration shall be provided to the entity.
- NGO registration in Jharkhand as a Section 8 Company:
- The first step is to obtain a digital signature certificate
- Next, the name of the organisation must be reserved through the SPICE+ portal. However, an entity should not use words such as foundation, chambers, association council etc.
- The applicant must complete the SPICE+ Part A –this shall also include the DIN application.
- The next step is to complete the SPICE+ Part B- this shall include forms such as-, SPICe+MoA, AGILE-PRO, SPICe+AoA INC-9, and URC-1
- Then the memorandum of association and the articles of association needs to be prepared and uploaded on the website.
- The entity is required to make the necessary declaration under the INC-9.
- Fill in the necessary information such as ESIC/EPFO, Bank Account and GST details in the AGILE PRO.
- The applicant must conduct a pre-scrutiny check and pay the required fees.
- If Authorities are satisfied with the application, they shall issue a certificate of Incorporation from the registrar of the companies.