35AC Registration Process and Benefits

Non Government Organizations are formed for the welfare of the society and socio – economic growth of the country. But welfare activities and socio economic growth is not possible without adequate funds. NGO can get funds from various sources like Government Funding, Corporate Funding, Foreign Funding, FCRA & Individual Donors. In order to get funding every NGO should get their Trust or Society registered under 12A, 80G and 35AC. In case of 12A, 80G a donor or a Funding agency who donates fund will get a benefit of 50% Tax Exemption of the total donated amount. FCRA registration will help them to get funds from foreign countries or foreign agencies who contribute funds for social development. To know about FCRA please follow our last blog on FCRA. Today our blog is all about 35AC Registration, Benefits etc.

Unlike 80G certificate 35AC is not given to any organization as a whole, but it is given to only eligible and approved organizations. The best part of 35AC is that a donor gets 100% tax exemption. But the amount donated must be towards an approved project or scheme.

These are some of the projects which are eligible for approval:-

1. Construction and maintenance of drinking water projects in rural areas and in urban slums, including installation of pump-sets, digging of wells, tube wells and laying of pipes for supply of drinking water.
2. Construction of school buildings primarily for children belonging to the economically weaker sections of the society.
3. Establishment and running of non-conventional and renewable sources of energy systems.
4. Construction and maintenance of bridges, public highways and other roads.
5. Establishment and running of educational institutions in rural areas, exclusively for women and children up to 12 years of age;
6. Establishment and running of hospitals and medical facilities in rural areas, exclusively for women and children up to 12 years of age;
7. Construction of hostel accommodation for women or handicapped individuals or individuals who are of the age of sixty-five years or more;
8. Establishment and running of institutions for vocational education and training in rural areas or towns which consist of population of less than 5 lakhs.
9. Establishment and running of institutions imparting education in the field of engineering and medicine in rural areas or towns which consist of population of less than 5 lakhs.
10. Any programme of conservation of natural resources or of a forestation.

Information Required for 35AC Registration

1. Title of project or scheme;
2. Date of commencement;
3. Duration and the likely date of completion;
4. Estimated cost of the project ;
5. Category or class of persons who are likely to be benefited from the project or scheme;
6. Affirmation that no benefit from the project or scheme other than remuneration or honorarium, will accrue to persons managing the affairs of the NGO.

All approved NGO’s are required to issue a tax exemption certificate in Form58A to donors for all donations received under 35AC.

Please contact us for more details. BR NGO Consultancy, Phone - 7503145802

HOW TO REGISTER A NGO IN INDIA…?

Whenever we see a beggar without shelter in a rainy day or rag picker we often feel sad and always wish that how to help those peoples. So many of you have planned a NGO but due to certain technical problem you might have not been able to form a NGO. Yes, today I am trying to guide you how to form a NGO and help those helpless peoples.

NGO – Non Government Organisation are also known as Non Profit Organsation are the best platform provided by Indian Government to work towards the promotion of certain causes or the welfare of a target population.

With the largest number of active NGO’s, India is now having one NGO for every 400 people. Central Government of India has been the largest donor for these organizations apart from large number of Corporates taking part now a days.

In India NGO are registered under Societies Act 1860, which is a central Govt. Act. According to Section 20 of the Act, the following societies can be registered: charitable societies, military orphan funds or societies, societies established for the promotion of science, literature, or the fine arts, for instruction, the diffusion of useful knowledge, the diffusion of political education, the foundation or maintenance of libraries or reading rooms for general use among the members or open to the public, or public museums and galleries of paintings and other works of art, collection of natural history, mechanical and philosophical inventions, instruments or designs.

Steps to Register a NGO in India

Ø  Mission and Vision of your NGO – You should plan your mission and vision of your NGO before starting a NGO. You should lay down your issues that you are are planning to address through your NGO.

Ø  Governing Body – Before starting a NGO you should form a governing body. The governing body will be responsible for all the activities and decisions. Governing body should consist of President , General Secretary & Treasurer apart from other members of the NGO.

Ø  Trust Deed or MOU – Before registering a NGO you have to have Trust Deed or Memorandum of Understanding. Trust Deed or MOU consists of Governing Body member details , Bylaws or the objectives of NGO, Rules & Regulations, Human Resource and Staffing Details.

Ø  Acts under which NGO can be formed – In India NGO can be formed under the following Acts

(a)   Indian Trust Act , 1882 ,

(b)   Bombay Public Trust Act 1950,

(c)    Charitable and Religious Trust Act , 1920

(d)   Societies Registration Act , 1860

(e)   Companies Act under Sec 25, 1956

Ø Funding of NGO – Funding is considered to be a backbone when you are planning to serve a huge mass or a big social cause. Indian Govt. provides funds to NGO under various schemes given under Central Govt. and States Govt. funding criteria. To get Foreign Funding NGO must be registered under FCRA (Foreign Contribution Regulation Act , 1976)

Foreign Contribution Regulation Act (FCRA) in India.

Foreign Contribution Regulation Act is defined as donation received from foreign sources. FCRA was enacted through Foreign Contribution Regulation Act 1976, it was redefined and changed in 2010 as the previous act was unable to keep the pace with the India’s Economic growth. The basic objective of this FCRA Act, 2010 as mentioned in the preamble of this Act is “to consolidate the law to regulate the acceptance and utilisation of foreign contribution or foreign hospitality by certain individuals or associations or companies and to prohibit acceptance and utilisation of foreign contribution or foreign hospitality for any activities detrimental to the national interest and for matters connected therewith or incidental thereto.”

As per FCRA 1976 and FCRA 2010, any individual or organisation carrying out a definite cultural, educational, economic, religious or social programme is required to be registered with the Central Government or obtain prior permission of the Central Government before accepting any foreign contribution. Such an NGO cannot in turn transfer the foreign contribution received by it to any other person unless such other person is also registered or has obtained prior permission under FCRA.

The process of registration is strict and loaded with bureaucratic process. Unless the NGO has a track record of at least 3 years, as a matter of practice, registration has generally not been granted under FCRA 1976. As per FCRA 2010, the requirement of having a track record is now codified, as this Act specifically provides that before granting registration, the Central Government shall verify whether the NGO has undertaken reasonable activity in its chosen field for the benefit of society. If the NGO is not able to fulfil the requisite conditions for registration, then the only alternative would be to apply for prior permission, which would be valid only for the specific purpose and source for which it is obtained. Even for prior permission the NGO would have to show that it has a done some reasonable projects for the benefit of society for which the foreign contribution is proposed to be utilised.

Previous FCRA Act 1976 was simpler as per as registration is concerned whereas under FCRA 2010, it is specified that application for registration or prior permission should, after inquiry, be ordinarily granted within 90 days of the application or the Government should communicate the reasons for not granting the same.

But the FCRA registration is valid only for 5 years after that the organization should apply for a fresh registration again. Foreign funding should be received in a separate bank account and the books of accounts to be maintained properly for the said transactions which later should be sent to Central Government with every transaction details of foreign contributions. They should also give details of funds routed through them to a specific authority.

NGO Fund Sources

Non-Government Organisations are formed to deliver services towards various sections of society and to promote various underdeveloped segments. In order to deliver services every NGO whether it is Trust or Society needs funds on long term basis. Because without adequate funds it is not possible to convert various social services into reality. Amount of funds required by a NGO can vary with the size and scope of work they are planning to do. Whereas small NGO need limited budget to operate but large NGO may have annual budgets in millions or billions of dollars.

Donations are the major source of funds for NGO-Society and Trust in order to operate their activities. Donations can be received from various sources like Government Funding, Corporate Funding, Foreign Funding & Individual Donors.

To be eligible for Government funding NGO should complete 3 years and they should have 12A and 80G registration. Once they have completed 3 years and possesses 80G they can apply for huge amount of Government funds under various schemes.  There are various schemes available under State Government as well as Central Government.

Corporate funding can be received under Corporate Social Responsibility i.e CSR funds.  Under the new Companies Act , 2013 all profitable companies with a sizeable business would have to spend every year at least 2 % of 3 year average profit on CSR activities. This would apply to all the companies with net worth of Rs 500 crore or more, or a turnover of Rs 1,000 crore or more, or a net profit of Rs 5 crore or more. During financial year 2012-13, state owned oil companies like ONGC and OIL Corporations spent almost Rs 385 crore in CSR activities as per statement from Oil Ministry. As per latest reports there are more than 500 corporate companies spending around 63 billion in CSR activities to fulfill the 2% norm.

Foreign Funding plays a major role in funding now a days. But in order to receive foreign funding NGO must register under FCRA (Foreign Contribution Regulation Act). In order to get permanent FCRA registration NGO should complete 3 years. Foreign Funding can be received under AIDS Control and Awareness, Women Empowerment, Eradication of Child Illiteracy, etc. But Foreign funding has always been a matter of controversy as it has been found to be a source of corruption for both government as well a nongovernmental level. Most development countries expect that on every dollar spent for developmental support, 40% returns back through volunteering and consultancy and only 60% actually reaches organizations.

Individual donors play a very important role as a source of funding for NGO. There are various fund raising activities that NGO’s organized on regular basis to attract donors like businessman, celebrities , politicians , and dedicated donors.

In order to receive funds from all the sources NGO should prepare Annual Project report so that they can show what kind o activities they have done and what they are planning to do.