WHAT IS NGO ?
Non-Governmental Organizations or NGO’s as they are popularly called include groups or institutions that are either entirely or largely independent of Government and that have primarily humanitarian or co-operative rather than commercial objectives. These are private agencies that support international development organised regionally or nationally; and member groups in villages. NGO’s support charitable and religious associations that mobilize private funds for social and economic development of the country or humanity in general. They function mainly independent of any external or political control and aim at bringing change in a community and society they operate in. The democratic nature of these organizations ensures that their sphere of activities are not limited to doing social service but also extending their operations to socio-economic-cultural activities. For such reasons they have been also traditionally referred to as Voluntary Organizations, Voluntary Agencies, Voluntary Development Organizations and Non-Governmental Development Organizations.
NGO’s AND GOVERNANCE
The Government has enunciated welfare state as one of the Directive Principals of State Policy and essentially the society and social organizations also have a role to play in providing basic needs and amenities to and to addressing the problems of the downtrodden, destitute and the weaker section. In India where there is wide disparity between the rich and the poor the government finds it an arduous task to reaching out to these vulnerable sections of the society. NGO’s with their field knowledge of the ground realities are able to address such issues effectively. Government thus see a great advantage in partnering with NGO’s to address their governance agendas. Similarly foreign governments and international agencies like the UN also have similar agendas of development and seek the expertise of such organizations to achieve their social and humanitarian objectives.
NGO’s work independent of the governmental machinery and as most of NGO’s generally have separate legal entity status under the various Laws which ensures that there functioning comes directly under the scrutiny of governmental organizations. At the same time the NGO’s are not tied down by red tape and their democratic structure ensures that the beneficiaries receive their services directly. Accountability towards governmental agencies ensures that governments as well as donors develop trust and confidence in the NGO’s functioning and their ability to execute projects making NGO’s as the most preferred medium for executing governmental projects.
NGO AND VOLUNTARY ORGANISATION
Although the terms NGO and Voluntary organizations are used inter-changeably, both of them differ significantly. Voluntary organizations though similar to NGO’s operate outside the domain of the government and are non-profit/charitable organizations which may or may not have a separate legal personality apart from its member. NGO’s on the other hand have a wide spectrum of forms and are therefore popularly understood as organizations which may or may not be non-government, quasi/semi-governmental, voluntary, non-voluntary, partisan, non-partisan, formal, informal, profit or non-profit oriented bodies, having a separate legal entity status under law. Such as under The Societies Registration Act, Indian Trust Act, or the Companies Act 2013. The fact that most of NGO’s generally have separate legal entity status under the various Laws ensures that there functioning directly come under the scrutiny of governmental organizations.
FORMATION OF NGO
NGO’s are more or less the preferred mediums by which governmental agencies as well as international organizations can ensure that their resources reach the intended beneficiary without being caught in Red Tape. In this endeavour they may look forward to authorize the NGO’s with funds that they would have allocated for the cause. These governmental authorities as well as donor organization for reasons of accountability show prefer ability towards such organizations that may be registered under any existing statues and therefore could have their credentials verified. As per the existing laws NGO’s can get themselves registered as Charitable Trust, Societies or a non-profit making company under the Respective law in force.
We at FIGBIRD CONSULTANTS with our experienced panel of associates provide a Hassel Free and systematic process of getting registrations and due diligence work done for your NGO. Our services include:
- Drafting of relevant MOA, Trust Deeds, Incorporation of company
- Documentation and due diligence work
- Review and follow-up with the Registrar’s/Government office
Of all the prescribed procedures for registration and incorporation under the Societies Registration Act, The Indian Trust Act as well as well as under the Companies Act 2013 etc...
We at FIGBIRD CONSULTANTS will keep you updated with the position of your case with all the latest means of communication be it telephone, email etc.
Formation Of an NGO therefore popularly are covered under the following Laws that prescribe the following procedures:
1. CHARITABLE TRUST (under The Indian Trust Act)
2. SOCIETY (under The Societies Registration Act)
3. COMPANY (under the Companies Act 2013)