A Non Governmental Organization is perceived to be an
association of persons or a body of individuals.
An association of persons with non-profit motive may be registered under any of the following Indian Acts:
- As a Charitable Trust
- As a Society registered under the Societies Registration Act
- As a Company licensed under section 25 of the Companies Act
Trust – “Trust” is defined as an obligation annexed to the ownership of property, and arising out of a confidence reposed in and accepted by the owner or declared and accepted by him for the benefit of another, or of another and the owner.
PROCEDURES OF FORMATION
A Trust may be created by any language sufficient to know the intention and no technical words are necessary.
A trust deed, generally, incorporates the following:
- The name(s) of the author(s)/settler(s) of the trust;
- The name(s) of the trustee(s);
- The name(s) if any, of the beneficiary/ies or whether it shall be the public at large;
- The name by which the trust shall be known;
- The name where its principal and/or other offices shall be situate;
- The property that shall devolve upon the trustee(s) under the trust for the benefit of the beneficiary/ies;
- An intention to divest the trust property upon the trustee(s);
- The objects of the trust;
- The procedure for appointment, removal or replacement of a trustee. Their rights, duties and powers etc;
- The rights and duties of the beneficiary/ies;
- The mode and method of determination of the trust.
A charitable trust is not required to obtain registration under the Indian Registration Act.