Registration of NGO in West Bengal

Registration of NGO in West Bengal: Non-Governmental Organizations (NGOs) play a vital role in driving social change and addressing community needs. In West Bengal, starting an NGO involves a systematic registration process governed by specific laws and regulations. This blog explores the step-by-step process for NGO registration in West Bengal, the required documents, legal frameworks, and the benefits of registering your NGO. Trustlink India, a trusted partner in business and NGO registration services, can assist you with the entire process, ensuring a seamless experience.

1. What is an NGO?

An NGO is a non-profit organization that works for societal, cultural, educational, or environmental welfare. It operates independently of the government and focuses on uplifting marginalized communities, providing education, healthcare, and other essential services. NGOs can be registered under different laws, depending on their structure and objectives.

2. Types of NGOs

NGOs can be classified into three main types based on their legal structure:

• Trust: Governed by the Indian Trust Act, 1882, trusts are suitable for charitable purposes like running schools or hospitals.
• Society: Registered under the Societies Registration Act, 1860, societies focus on promoting science, arts, culture, and other social causes.
• Section 8 Company: Incorporated under the Companies Act, 2013, these organizations focus on charitable objectives and enjoy corporate governance benefits.

3. Benefits of Registering an NGO

• Legal Recognition: Establishes the NGO as a legitimate entity.
• Tax Benefits: Exemptions under Section 12A and 80G of the Income Tax Act.
• Access to Funding: Eligibility for government grants and donations.
• Credibility: Builds trust among stakeholders and donors.

4. Legal Framework for NGO Registration in West Bengal

The registration process is governed by specific laws, depending on the type of NGO:

• Indian Trust Act, 1882
• Societies Registration Act, 1860
• Companies Act, 2013 (Section 8)

Each act has its unique requirements, benefits, and compliance obligations.

5. Documents Required for NGO Registration

A. For Trust Registration

1. Trust Deed: Outlines the objectives and rules of the trust.
2. ID Proofs of Trustees: Aadhaar, PAN, or Passport.
3. Address Proof of Trustees: Utility bills, rental agreement, or property ownership documents.
4. Registered Office Address Proof: Electricity bill, water bill, or rent agreement.

B. For Society Registration

1. Memorandum of Association (MoA): Specifies the objectives and scope of the society.
2. Rules and Regulations: Governs the functioning of the society.
3. ID Proofs of Governing Body Members: Aadhaar, PAN, or Passport.
4. Address Proofs: Recent utility bills or other valid proofs.
5. Registered Office Address Proof.
6. Signatures of Founding Members: At least seven members are required.

C. For Section 8 Company Registration

1. Digital Signature Certificate (DSC): Mandatory for directors.
2. Director Identification Number (DIN): Unique number for directors.
3. MoA and Articles of Association (AoA): Defines the company’s objectives and internal rules.
4. ID Proofs of Directors: Aadhaar, PAN, or Passport.
5. Address Proofs of Directors.
6. Registered Office Address Proof.

6. Step-by-Step Process for NGO Registration in West Bengal

A. Trust Registration

1. Draft the Trust Deed: Specify the objectives, trustees, and rules of the trust.
2. Select Trustees: Appoint a minimum of two trustees.
3. Notarize the Trust Deed: Get the deed notarized by a public notary.
4. Submit Documents to the Registrar: Provide the trust deed and other required documents.
5. Obtain Registration Certificate: The registrar reviews the application and issues the certificate.

B. Society Registration

1. Draft MoA and Rules: Prepare these documents, clearly defining the objectives and operational guidelines.
2. Select Governing Members: Minimum of seven members required.
3. Submit Application to the Registrar: Provide the MoA, rules, and supporting documents.
4. Verification and Approval: The registrar verifies the documents and issues the registration certificate.

C. Section 8 Company Registration

1. Apply for DSC and DIN: Obtain these for all directors.
2. Reserve Name: File the RUN (Reserve Unique Name) application on the MCA portal.
3. Prepare MoA and AoA: Clearly define the objectives and governance structure.
4. File SPICe+ Form: Attach all documents and submit the application online.
5. Receive Incorporation Certificate: Upon approval, the registrar issues the certificate.

7. Compliance Requirements for NGOs

Once registered, NGOs must adhere to the following compliance obligations:

1. Maintain Financial Records: Accurate bookkeeping and audited financial statements.
2. File Annual Returns: Submit returns to the registrar and income tax department.
3. Renew 12A and 80G Certificates: Ensure continuous tax exemptions.
4. Conduct Meetings: Regular meetings of trustees or governing members.
5. Follow Governance Guidelines: Adhere to the rules specified in the MoA or Trust Deed.

8. Challenges in NGO Registration

1. Incomplete Documentation: Missing or incorrect documents lead to delays.
2. Legal Complexities: Understanding the laws governing different types of NGOs.
3. Verification Delays: Prolonged verification by authorities.

Trustlink India simplifies the registration process by ensuring all requirements are met, minimizing delays and rejections.

9. How Trustlink India Can Help

Trustlink India offers end-to-end support for NGO registration in West Bengal, including:

• Document preparation and verification.
• Guidance on choosing the right type of NGO.
• Assistance with legal compliance and filings.
• Fast and efficient application processing.

With our expertise, you can focus on your mission while we handle the paperwork.

10. Frequently Asked Questions (FAQs)

1. How long does it take to register an NGO in West Bengal?

• The process typically takes 15-30 days, depending on the type of NGO and completeness of documents.

2. Can a single person register an NGO?

• Yes, a single person can register a trust or Section 8 company. However, a society requires at least seven members.

3. What are the tax benefits for NGOs?

• NGOs registered under 12A and 80G enjoy tax exemptions and can offer donors tax benefits.

4. Is it mandatory to have a registered office for NGO registration?

• Yes, a registered office is required, and proof must be submitted during the application process.

5. Can foreign nationals be part of an NGO in India?

• Yes, foreign nationals can be trustees or members, subject to compliance with the Foreign Contribution Regulation Act (FCRA).

6. What is the cost of registering an NGO in West Bengal?

• Costs vary depending on the type of NGO and professional services availed. Trustlink India offers affordable packages.

7. Can an NGO engage in profit-making activities?

• NGOs can undertake income-generating activities, but profits must be used for charitable purposes.

8. What is the role of the registrar in NGO registration?

• The registrar verifies documents, ensures compliance, and issues the registration certificate.

9. How can I ensure compliance after registration?

• Maintain proper financial records, file annual returns, and renew tax exemption certificates.

10. Why choose Trustlink India for NGO registration?

• Trustlink India provides expert guidance, ensures compliance, and handles all paperwork for a smooth registration process.

11. Conclusion

Registering an NGO in West Bengal is a rewarding endeavor that enables you to contribute to society effectively. By following the step-by-step process outlined in this guide and ensuring proper documentation, you can establish a legally compliant and credible organization. Trustlink India is here to assist you every step of the way, making the registration process seamless and hassle-free. Focus on your mission, and let us handle the complexities of registration and compliance.