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Friday, May 30, 2025

What are NGOs and How are they Regulated in India?

 A NGO is a non-profit entity that functions independently of the government, focusing on humanitarian, social, or developmental objectives.

Formation of NGOs in India:

Societies: Registered under the Societies Registration Act, 1860.

Trusts: Private Trusts are registered under the Indian Trusts Act, 1882 which is a central legislation.

Public Trusts are registered under respective state laws.

Charitable Companies: Registered as non-profit companies under Section 8 of the Companies Act, 2013. 


6 comments:

  1. Foreign Contribution Regulation: NGOs that receive foreign contributions or donations must obtain prior registration or permission under the Foreign Contribution (Regulation) Act (FCRA), 2010, administered by the Ministry of Home Affairs (MHA).

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  2. The FCRA, 2010 governs the receipt and utilization of foreign funds by individuals, associations, or companies, including NGOs.

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  3. Its core objective is to prevent foreign contributions from undermining India’s sovereignty, integrity, security, economic or scientific interests, public order, or leading to any offence or harm to individuals.

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  4. Key Amendments in the Foreign Contribution (Regulation) Amendment Act, 2020:
    Mandated that all foreign contributions be received only through a designated "FCRA Account" at a specified bank (State Bank of India, Delhi).
    Prohibited transfer of foreign contributions from the recipient to any other person or entity.

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  5. Reduced the permissible limit for administrative expenses from 50% to 20% of the foreign funds received.

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  6. Empowered the Central Government to:
    Restrict or suspend further receipt or utilization of foreign contributions following a summary inquiry.
    Require Aadhaar or other identification documents for office bearers, directors, and key functionaries of NGOs.

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