need draft for registering charitable institution

Trupti (Querist) 03 February 2010 This query is : Resolved
Dear Experts

Can anyone help me to get full draft of the document for registering a charitable insitution? We want to register such an institution for social purpose including educational and social activities in Thane district of Maharashtra state.

Thanks

Mrs. Trupti Patil
Cell-9870180525

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R.R. KRISHNAA (Expert) 03 February 2010
Are you registering it as a trust or society?

Raj Kumar Makkad (Expert) 03 February 2010
MODEL TRUST DEED OF A PUBLIC CHARITABLE TRUST
THIS DEED OF TRUST executed on this _______________________ day of __________________ year 20____, _______________________ BETWEEN __________________________________________ (Party of the first part) hereinafter called " SETTLOR OF THE TRUST" ________________________________________________________
________________________________________ AND _____________________________________ .
1. SHRI. S/O. SHRI , of ____________ &
2. SHRI. S/O. SHRI. , of ____________ &
3. SMT. W/O SHRI. , of ____________
(Hereinafter called " The Trustees" which expression shall unless repugnant to the context or meaning thereof be deemed to include the survivors or survivor of them and the trustees or trustee for the time being of these presents and their heirs, executors and administrators of the last surviving trustee, their or his assignees) of the other part;
WHEREAS the party hereto of the first part is possessed of the sum of Rs. ___________/- (Rs. __________ Only) as his absolute property and he is desirous of creating a Religious/ Charitable/Educational Trust for the benefit of the humanity at large.
AND WHEREAS each of the parties hereto of the "Other Part" has individually and jointly has agreed to act as Trustees of the Trust, proposed by the party of the first part.
AND WHEREAS nothing contained in this deed shall be deemed to authorize the trustees to do any act which may in any way be construed statutory modifications thereof and all activities of the trust shall be carried out with a view to benefit the public at large, without any profit motive and in accordance with the provisions of the Income-tax Act, 1961 or any statutory modification thereof.
AND WHEREAS the trust is hereby expressly declared to be a public charitable trust and all the provisions of this deed are to be constituted accordingly.
NOW THIS INDENTURE WITNESSTH AS FOLLOWS :
1. SETTLEMENT
The party of the first part, the settlor, does hereby settle the sum of Rs._______ /- (Rs. __________ only) in Trust, with the name and for the objects hereinafter stated, by delivering the said amount in cash which the party of the other part, the Tustees, have accepted the receipt of which they do hereby acknowledge, to hold the same in and to the Trustees with the powers and obligations as provided hereinafter.

2. NAME
The name of the Trust shall be "____________________________".

3. PLACE
The principal office of the Trust shall be situated at ______________________ or such other place as the Trustees may from time to time decide. The Trust may also carry on its work at any other place or places, as decided by the Trustees.

4. OBJECTS
a. Educational â€“ to run, maintain or assist any educational or other institution for coaching, guidance, conselling or vocational training or to grant individual scholarships for poor, deserving and needy students for elementary and higher education.
b. Medical â€“ to run, maintain or assist any medical institution, nursing home or clinics or to grant assistance to needy and indigent persons for meeting the cost of medical treatment.
c. Relief of the poor â€“ to give financial or other assistance in kind by way of distribution of books, notebooks, cloths, uniforms, or meals for the poor and indigent and to the persons suffer due to natural calamities.
d. Other objects of general public utility â€“
i. to acquire property for the sole use for public good by making it available for public purposes as for example, housing a library clinic, crÃ¨che and/or as a community ball to be available for public use as training classes, seminars, discourses and other public functions for benefit of the community in general.
ii. to undertake any other activity incidental to the above activities but which are not inconsistent with the above objects.
PROVIDED the Trust may assist/donate the other TRUST to carry out the various objects mentioned in the objects clause in such manner and to the extent the Trustees may decide upon from time to time.

5. FUNDS
The Trustees may accept donations, grants, subscriptions, aids or contributions from any person, Government, Local authorities or any other charitable institutions, in cash or in kind including immovable property without any incumbrance, but the Trustees shall not accept any receipt with any condition or terms inconsistent with the objects of the Trusts. While applying such receipts to the objects, the Trustees shall respect the directions, if any, by the granter. Any receipt with specific direction to treat the same as part of the corpus of the Trust or separate fund shall be funded accordingly.

6. INVESTMENTS
i. All monies, which shall not immediately required for current needs shall be invested by the Trustees in eligible securities and investments, or in banks. Such investments shall be in the name of Trust or Trustees.
ii. That the trustees shall invest the trust fund, carry on any business with the trust fund and/or enter into partnership on behalf of the trust, as they may deem fit.
iii. That the trustees shall manage the trust fund and investments thereof as a prudent man would do the same. They shall recover all outstandings and meet all recurring and other expenses incurred in the upkeep or management thereof.
iv. That the trustees shall receive and hold the income of the trust on behalf and for the benefit of the beneficiaries under the trust.

7. POWER OF TRUSTEES
That the trustees shall have the following powers :
. to manage all the assets and/or properties of the trust including the conduct of business;
i. to appoint employees and to settle the terms of their service, remuneration and termination;
ii. to look into the management of the trust;
iii. to invest the funds of the trust, in bank or in the purchase of company shares or securities or other movable and movable and immovable properties;
iv. to sell, alter, vary, transpose or otherwise dispose or alienate the trust properties or any investment representing the same for consideration and to reinvest the same;
v. to pledge or mortgage the trust properties for raising loans;
vi. to open the bank accounts in the name and on behalf of the trust and to operate the same;
vii. To enter into a partnership on behalf of the trust with any other party or parties;
viii. To pay all charges, impositions and other outgoings payable in respect of the trust properties and also to pay all cost of the incidental to the administration and management of the trust properties;
ix. To file suit on behalf of the trust and to refer to arbitration all actions proceedings and disputes touching the trust properties and to compromise and compound the suits filed;
x. To accept any gift, donation or contribution in cash or in kind from anyone for the objects of the trust;
xi. To seek legal opinion of lawyers and/or Chartered Accountants as and when required;
xii. To nominate their representatives for any of the aforesaid purposes.

8. The number of the trustees shall not be less than two but not more than five.

9. In case of any difference between the trustees, the opinion of the minority shall
prevail.

10. Every trustee will be at liberty to nominate or appoint attorneys or agents and to delegate all or any of the duties and powers vested in him to such attorney or agent, and to remove such attorney or agent and reappoint other or others in his place.

11. No trustee shall be responsible or liable for any loss or any act of omission or commission by his constituted attorney or agent or employees or other trustees unless occasioned by his wilful neglect or default.

12. Any of the trustees may retire on giving one monthâ€™s notice in writing to the other trustee(s).

13. If any trustee dies or retires or becomes incapable or unfit to act, the continuing or surviving trustee or trustees shall appoint a successor in the place of such trustee.

14. If at any time the number of the trustees is less than two, the existing trustee shall appoint one or more trustees.

15. Upon the appointment of a new trustee the trust properties shall vest in the new trustee jointly with the continuing or surviving trustees, with the duties and power of the trustees set out hereinabove in this deed.

16. If the trust is determined by efflux of time, the corpus of the trust shall be divided amongst the beneficiaries in the shares as fixed by the trusees.

17. BANKING ACCOUNT
All income, subscription and pecuniary donations for the general purposes of the Trust and the income, investments and all other moneys from time to time forming part of the general revenue of the Trust shall on the same being received be paid into a banking account with any scheduled bank for the purpose of the Trust. The bank accounts shall be operated by the Managing Trustee along with any one of the remaining Trustees.

18. ACCOUNTS AND AUDIT
. The Trustee shall keep proper books of account of all the assets, liabilities and income and expenditure of the Trust and shall prepare an Income and Expenditure Account and Balance Sheet for every year as on the last day of March.
i. The accounts of every year shall be audited by a Chartered Accountant or a firm of Chartered Accountants who shall be appointed for that purpose by the Trustees and the audited accounts shall be placed at a meeting of the Trustees, which shall be held before the end of the succeeding year.

19. IRREVOCABLE
This Trust is irrevocable.

20. AMALGAMATION
The trustees may amalgamate the trust with another Charitable Trust or Institution having similar objects with prior permission of the Charity Commissioner/Court/any other law as may be applicable for the time being.

21. WINDING UP
In the event of dissolution or winding up of the Trust the assets remaining as on the date of dissolution shall under no circumstances be distributed amongst the Trustees but the same shall be transferred to some other similar Trust/Organisation whose objects are similar to those of this Trust with the permission of the Charity Commissioner / Court / any other law as may be applicable for the time being.
The Trustees shall be indemnified against all losses and liabilities incurred by them in the execution of the Trust and shall have a lien over the funds and properties of the Trust for such indemnity.
IN WITNESS WHEREOF, The Parties hereunto have signed and delivered the presents on the day and year first hereinabove written.
SETTLOR
WITNESS : 1. TRUSTEE ____________
1. 2. TRUSTEE ____________
2. 3. TRUSTEE ____________

Form of Application for Registration of a Public Trust
Schedule II (Vide Rule 6)

Court Fee Stamp
of Rs. 2/-

To
The Deputy/Assistant Charity Commissioner,
............................................................................ Region/Sub-Region
In the matter of Public Trust* ..............................................................
.......................................................................................................
I ............................................. trustee of the above named public trust, hereby apply under section 18 of the Bombay Public Trust Act, 1950 for the Registration of the said public trust.
2. I submit the following necessary particulars:â€“
(ai) The designation by which the public trust is or shall be known.
(Name of the Public Trust)
(i) Names of the trustees and managers with their addresses
(ii) Mode of succession to the trusteeship and managership
(iii) Objects of the trust :
(iv) (a) Particulars of documents creating the trust
(attach copies)
(b) Particulars other than documents about the origin or
creation of the trust.
(v) Particulars of the scheme, if any, relating to the trust
(attach copy).
(vi) Movable property with estimated value of each class
of such property.
(Note:â€“ Entries should be made by board description
of classes of such property, e.g., furniture, books, etc.,
rather than of each individual article. Entry regarding
cash should be made only if such cash forms part of
the capital of the trust. In the case of scripts give
particulars of each security, stock, share and debenture
including the number which it bears).
(vii) (a) Details of immovable properties showing the
village or town where situate, along with C. S.,
Municipal or Survey No., area, assessment or Judi
and description of the tenure on which held (attach
certified copies of the entries in the Record of Rights,
city survey record or municipal record relating to
the properties). 1.

2.

3.
(b) Estimated value of each immovable property:â€“ 1.

2.

3.
(viii) Sources of income of the trust.
(ix) Average gross annual income:â€“ 1. From Movable:â€“
2. From Immovable:â€“
(x) Average annual expenditure
(xi) Amount of average annual expenditure:â€“
(a) on remuneration to trustees and manager ..
(b) on establishment and staff ..
(c) on religious objects ..
(d) on charitable objects ..
(e) on miscellaneous items ..
(xii) Particulars of encumbrances, if any on trust Property â€“
(xiii) Particulars of title deeds pertaining to trust
property and the names of trustees in possession thereof â€“
(xiv) Remarks, if any â€“
3. Fees of Rs

............................../- (...............................................) accompanies
4. Any communication to the trustee or manager in connection with the trust, may be sent to the following address :â€“
Name .......................................................
Address ....................................................
...............................................................
Date ................. Signature of Applicant.................

I, the above named ............................................. inhabitant residing at ......................................... do solemnly affirm and say that what is stated in the above application is true to the best of my information and belief.
Solemnly affirmed at .................................. ]
aforesaid this ................... day of .............. ] Signature ................................
200... ]
Before me.

* Give full name and address of the trust.
* If the Wakf or Trust is registered under the old Acts, no fees under 3 are payable.

CONSENT LETTER
To
Deputy Charity Commissioner/Assistant Charity Commissioner
.............................. Region
Sir,
Shri ..............................................................................................................................................
(Name of Applicant)
For Charitable Institution/Association/Trust ........................................................................... have applied for registration under B.P.T. Act, 1950, on .................................... The information provided in the application are true, we have not to say anything more than that. We state that a separate notice for the details of the said application is no more necessary. We have no objection for the issue of Registration Certificate in the name of applicant. Please note that.
Name of other trustees
(including the applicant)
Signature
1. .................... .................
2. .................... ....................
3. .................... ....................
4. .................... ....................
5. .................... ....................
6. .................... ....................
7. .................... ....................
I know all the above said signatories.
(Applicant Sign.)

Date :

To
The Asst. Registrar of Societies
Greater Bombay, Bombay
Sub: Registration of Society under Societies Registration Act, 1860
Name of the Society
Dear Sir,
I request you to kindly register the aforesaid society under the Societies Registration Act, 1860. I forward herewith to you the following documents.
1. Memorandum of Association
2. True copy of Rules and Regulations
3. Consent letters of all the members of Managing Committee
4. Authority letter duly signed by all the members of Managing Committee
5. An Affidavit of the President or Secretary in respect of the address and property of the society duly stamped together with the Court Fee Stamp of Rs. 1.25
6. A declaration given by Managing Committee assuring the use of the fund of the society for the purpose for which they are collected
I further declare that the object, of the captioned society are in consonance with Section 20 of the Societies Registration Act, 1860 and that no other society exists, having the same or similar name to the name of the captioned society. I also declare that the captioned society is not registered under any other law and that I am agreeable to pay the registration charges of Rs. 50/-.
In view of aforesaid, I request you to register the aforesaid society immediately under the captioned Act.
Yours faithfully,
(Name & Address)
Encls: As aforesaid.
RULES AND REGULATIONS OF SOCIETY
1. Definition of terms used in Bye-laws.
2. Area of Operation.
3. Accounting Year.
4. Membership and procedure for enrolment.
5. Kinds of membership.
6. Termination of membership.
7. General Body Meeting, its powers and functions.
8. Notice of General Body Meeting and quorum.
9. Extraordinary General Body Meeting and its functions.
10. Managing Committee, Office Bearers.
11. Term of Managing Committee and procedure of election of office bearers.
12. Office-bearers of Managing Committee and their duties.
13. Meeting of the Managing Committee and meeting on requisition.
14. Notice of Meeting of Managing Committee and quorum.
15. Rules of election of Managing Committee.
16. Filling of vacancies in Managing Committee.
17. Powers and duties of Managing Committee.
18. Funds and income of the society or its utilisation.
19. Objectives based provision for expenditure (Percentage).
20. Provision for loans and deposits.
21. Provision regarding purchase and sale of immovable property
22. Operation of bank accounts and other financial matters (who is empowered to operate the bank account).
23. Maintenance of register of members.
The applicant should sign the format of application as mentioned in schedules 1, 2 and 6 to the Registration of Societies (Maharashtra) Rule, 1971 and the bye-laws should provide for the same.
24. Provision for amendment in Rules and Regulations.
25. Provision for change in the name and ] Implementation will be according to Ss.12 object of the society ] and 12A of the S. R. Act, 1060
26. Desiplution of the society will be according to Ss. 13 and 14 of the S. R. Act, 1960.
MEMORANDUM OF ASSOCIATION
1. Name of the Society :
2. Office Address :
3. Objects of the Society :
4. The names, addresses, designations, ages, occupations and nationalities of all the members of the first Managing Committee of the Society to whom the management and business of the society is entrusted.
Every page
of this
Memorandum
must be signed
by minimum
3 members
Sr. No. Name Address Designation Age Nationality Occupation

1.
2.
3.
4.
5. (For registration, the minimum requirement is seven)
6.
7.
5. We the following member signatories of the society desire to form our society under the Societies Registration Act, 1860 and accordingly we have formed the said society, today; i.e., ........ and we have signed the Memorandum for the purpose of the registration of the society under the Societies Registration Act, 1860.

Sr.No. Member Full Name and Address Signature

(If the member of the Managing
Committee is more than seven,
then name, address of all should
be given and all should sign)
Place :
Date :
I know the aforesaid persons who have signed this Memorandum in my presence.
Date : Sign/S.E.M./Advocate/C.A./Notary
Full Name & Address with seal.
CERTIFICATE
Certified to be the true copy of the bye-laws of the society.

Name & Designation of Office Bearers Signature

1.
2.
3.

Place :
Date :
Note: Minimum three office bearers should certify.
CONSENT LETTER
To
The Asst. Registrar of Societies
Bombay.
Dear Sir,
Sub: Registration of ..................................................... Society under Societies Registration Act, 1860.
We the undersigned being the members of the first Managing Committee of ...................................... Society do hereby consent to Act according to the aims, objects and bye-laws of the society. We have signed this letter in token of our consent towards the registration of the aforesaid society under the Societies Registration Act, 1860.
Yours faithfully,

Sr. No. Name Signature

1.
2.
3.
4.
5.
6.
7.
(to be signed by the office bearers of the Managing Committee)
Place :
Date :
I know the persons who have signed as aforesaid, signed in my presence.
Signature with Date
(S.E.M./Advocate/C.A./Notary)
Full Name, Address & Seal.
To
The Asst. Registrar of Societies
Bombay
Dear Sir,
We the undersigned members of the Managing Committee ............................................. Society do hereby authorise Shri ................................................................(Name and Designation) to carryout any changes/amendments in the papers necessary for registration of the Society. We further assure that the funds raised for the society will only be utilised to achieve the objectives of the society,

Sr.No. Name Signature

1.
2.
3.
4.
5.
6.
7.

Place :
Date : Accepted
(One who accepts the Signature with Date)

Form No. 10A
[See Rule 17A]
Application for registration of charitable or religious trust or institution
under section 12A(a) of the Income-tax Act, 1961
To
The Chief Commissioner or Commissioner of Income-tax,
................................
Sir,
I, ..................................................... on behalf of ..............................................................
(Name of the trust or institution)
hereby apply for the registration of the said trust/institution under section 12A of the Income-tax Act, 1961. The following particulars are furnished herewith:â€“
1. Name of the *trust/institution in full (In Block letters)
2. Address
3. Name(s) and address(es) of author(s)/founder(s)
4. Date of creation of the trust or establishment of the institution.
5. Name(s) and address(es) of trustee(s)/manager(s).
I also enclose the following documents:
(1) (a) *Original/certified copy of the instrument under which the trust/institution was created/established, together with a copy thereof.
(b) *Original/certified copy of the document evidencing the creation of the trust or the establishment of the institution, together with a copy thereof.
(The originals if enclosed will be returned)
(2) Two copies of the accounts of the *trust/institution for the latest *one/two/three years
I undertake to communicate forthwith any alteration in the terms of the trust, or in the rules governing the institution, made at any time hereafter.

Date ..........................
Signature..........................
Designation..........................
Address..........................

* Strike out whichever is not applicable

Form FC-1
Application for seeking prior permission of the Central Government for
accepting foreign contribution by or on behalf of an organisation of
political nature not being a political party
[See rule 3(a)]
[Sections 5(1) and 5(2)(a) of the Foreign Contribution (Regulation) Act, 1976]
1. a. Particulars of the organisation (Full name in block letters, and address)
b. Address of the principal/head office of the organisation
2. Full particulars of the person applying on behalf of the organisation:
b. Name in full (in block letters)
c. Name of father
d. Occupation
e. Residential address
f. If an office bearer, the office held in the organisation
3. Reference of the order published by the Central Government in the Official Gazette specifying the organisation as an "organisation of political nature, not being a political party".
4. Nature and full details of contribution including value, to be received.
5. The mode/channel of receipt.
6. Purpose for which foreign contribution is proposed to be received.
7. Particulars of the foreign source from which contribution to be received:
. If an individual, his personal particulars including name, present address, permanent address, nationality, profession
a. If an organisation/institution/association/trust/foundation/trade union, etc., full particulars thereof including:â€”
i. Full name and complete address
ii. Address of head office/principal office
iii. Aims and objects
iv. Particulars of important office bearers
2. Nature of connection/dealings with the foreign source
3. Any other information of significance which the applicant may like to furnish
DECLARATION
I hereby declare that the above particulars furnished by me are true and correct.
Place ........................
Date ......................... Signature of the applicant
Note : In case of application by an organisation, it should be signed by the chief functionary.

1[Form FC-1A
Application for seeking prior permission from the Central Government under the
Foreign Contribution (Regulation) Act, 1976 (Hereinafter referred to as the Act)
for the acceptance of foreign contribution by an Association having definite cultural, economic, educational, religious or social programme
No. ................... Date ..................
To
The Secretary of the Government of India,
Ministry of Home Affairs, Lok Nayak Bhavan, Khan Market,
New Delhi - 110 003

Subject : Application for seeking the prior permission of the Central Government under the Foreign Contribution (Regulation) Act, 1976 for acceptance of foreign contribution.
Sir,
I, ......................., on behalf of the Association named hereafter, apply for seeking prior permission of the Central Government for the acceptance of foreign contribution under proviso to sub-section (1) of section 6 or under sub-section (1A) of that section or clause (b) of section 10 of the Act.
1. i. Name of the Association and its complete postal address:
Name
Address
Town/City
State
District
Pin Code
ii. If the Association is a registered trust or Society please indicate its-
a. registration number,
b. place of registration,
c. date of registration, (certified copy of the registration certificate to be attached.)
iii. Nature of Association:
(a) religious (b) cultural (c) economic (d) educational (e) social.
Note: If a religious Association, then state whether (a) Hindu (b) Sikh (C) Muslim (d) Christian (e) Buddhist (f) Others.
iv. Please indicate the main aims(s) and object(s) of the Association (enclose copy of the Memorandum of Association and/or the Articles of Association, if applicable).
v. Please furnish the names and addresses of the members of the Executive Committee/Governing Council etc. of the Association including the Chief Functionary, in the following manner:
Sl.No. Name Name of
Father/
Husband Nationality Occupation Office held in
the Association,
if any Relation with
other office
bearers, if any Address
1 2 3 4 5 6 7 8

2. Please indicate whether any member of the Executive Committee/Governing Council etc. of the Association, including the Chief Functionary has, in the discharge of his/her official functionsâ€”
b. been convicted by any court of law;
c. a prosecution for any offence pending against him/her;
d. been found guilty of diversion or misutilisation of funds of the Association or any other Association in the past.
2. Please indicate whether the applicant/Associationâ€”
. is a branch/unit/associate of foreign based organisation or another Association already registered under the Act. If so, name and address of the parent organisation should be furnished;
a. has been directed by the Central Government in terms of the proviso to sub-section (1) of section 6 of the Act to seek prior permission. If so, the number and date of the relevant order should be furnished;
b. has been directed by the Central Government in terms of section 10 of the Act to seek prior permission. If so, the number and date of the relevant order should be furnished.
3. Please indicateâ€”
. whether the Association ever applied for registration under the Act in the past, if so,
a. the date of submission of application for registration;
b. the number and date of last reference, if any, received from the Ministry;
c. whether registration was refused;
d. whether the application for registration is still pending;
i. whether the Association has close links with another Association, or its unit or branch which has been
a. refused registration under the Act,
b. prohibited from accepting foreign contribution.
2. Please indicate,â€”
. whether the Association was,â€”
a. granted prior permission to receive foreign contribution under the Act in the past. If so, the number and date of the letter granting prior permission should be furnished;
b. whether the account of the receipt and utilisation of the foreign contribution received above was sent to the Central Government in the prescribed form. If so, the date of submission of the accounts should be furnished;
c. If the prior permission was granted in the current year, details of the foreign contribution received and utilised, purposewise, showing the unspent balance should be annexed.
i. whether the Association has received foreign contribution without the prior permission of the Central Government, in the past. If so, â€“
a. full particulars of the foreign contribution received, address of the branch of the bank and account number in which deposited should be furnished;
b. whether the said violation has been condoned by the Central Government;
c. whether the Association has been prohibited from accepting foreign contribution under the Act.
3. Please indicate whether the Associations is owner/printer/publisher, editor of a publication which is a "registered newspaper" under the Press and Registration of Books Act, 1867.
4. Please furnishâ€”
. details of the activities of the Association during the past three â€“ years;
i. Copies of the audited statement of accounts of the Association for the past three years.
5. i. Please indicate theâ€”
a. nature and value of the foreign contribution to be received (a copy of the latest commitment letter from the donor should be furnished);
b. the purpose for which the foreign contribution is proposed to be received and utilised indicating also the geographical area(s) to be covered
ii. a copy of the proposal/project which has been approved by the foreign source for funding, including projected outlays/budget breakup, should be enclosed.
iii. a copy of the proposal/project which has been approved for funding out of the foreign contribution should be enclosed (This column applies only to subsequent recipients)
6. Please indicateâ€”
ii. the name of the bank and address of the branch through which the foreign contribution is proposed to be received;
iii. the account number in the said branch of the bank.
7. Please indicate the particulars of the foreign source or the sources from which, the foreign contribution is proposed to be received:â€”
. If an individual, his personal particulars including name, present address, permanent address, nationality, profession;
a. If an organisation/institution/association/trust/trade union etc. full particulars thereof, includingâ€”
i. Full name and complete address.
ii. Address of the Head office/principal office.
iii. Particulars of Chief Functionary and important office bearers.
b. Please indicate whether the foreign source is a Government of a foreign country or agency thereof.
10A. Whether a recommendation certificate from the competent authority is attached (Yes/No).
11. Any other information which the Association may like to furnish.
Yours faithfully,
Signature of the Applicant
[Name of the Chief Functionary or
authorised office bearer (with seal of the Association)]
DECLARATION
I hereby declare that the above particulars furnished by me are true and correct.
Place:
Date :
Signature of the applicant
[Name of the Chief Functionary or
authorised office bearer (with seal of the Association)
* If the foreign contribution, whether currency or articles is to be received from any person or Association who has received the same as first, second or subsequent recipient, particulars of such person or Associations should be given against column 10 above.
Note: 1. An incomplete application i.e., without necessary documents/details/explanations is likely to be rejected summarily.
2. In case the space against any column is insufficient, separate annexure should be attached.
3. Please use Capital letters
4. The application should be signed by the Chief Functionary or authorised office bearer of the Association.
1[Certificate
1. This is to certify that the ................. (name of the Association having its registered office at .............. (Address) has been formed for undertaking welfare activities in its chosen (Economic, Educational, Cultural, Religious and Social) field of activity. The antecedents of the organisation have been verified and there is nothing adverse against them.
2. Its proposed project would be undertaken in the ............ (District ) of ............ (State).
The said project is likely to prove beneficial to the people living in the area.
3. Grant of prior permission to the aforementioned association to accept foreign contribution amounting to ........... (Currency/Amount) from ........ (Name and address foreign donor) under the Foreign Contribution (Regulation) Act, 1976 for the said project is recommended.
(Recommending Authority)**
(With Seal)
* Strike out whichever is not applicable.
** Any concerned.
(1) Collector of District.
(2) Department of the State Government.
(3) Ministry/Department of the Government of India]
(To be submitted in triplicate)

1. Substituted by GSR 8 (E), dt. 4-1-1999, w.e.f. 17-4-2000.
1. Substituted by GSR 755(E), dt. 5-11-1984, w.e.f. 5-11-1984.

1[Form FC-2
Application for seeking prior permission of the Central Government
to accept foreign hospitality
[See rule 3(b)]
[Section 9, read with sections 10(d) and 11(1) of the Foreign Contribution (Regulation) Act, 1976]
1. Name in full (in block letters)
2. Date of birth
3. Name of father/husband
4. Present address
5. Permanent address
6. Passport particulars (if already in possession)
7. Status:
a. Member of Legislature
b. Office-bearers of a political party
c. Judge of Supreme Court/High Court
d. Government servant
e. Employee of a company/corporation
f. Any person or class of persons not specified in section 9
8. Names of countries/places to be visited with duration of stay
9. The countries and places where foreign hospitality is to be accepted
10. Duration and purpose of visit to the country(ies)/place(s) mentioned in Column 9 with specific dates
11. Particulars of host(s):â€”
a. If an individual, his personal particulars including name, present address, permanent address, nationality, profession
b. If an organisation/institution/Association/Trust/Foundation/Trade Union, etc., full particulars thereof including,â€”
i. Full name and complete address
ii. Address of head Office/Principal Office
iii. Aims and objects
iv. Particulars of important office-bearers
12. *Full particulars as in serials II(a) and (b) of the foreign source in case the actual source extending the hospitality is located in a country other than actually proposed to be visited.
13. Nature and duration of #foreign hospitality proposed to be accepted with specific dates and with specific details
14. Nature of connection/dealings with the host and/or foreign source extending the hospitality
15. Approximate expenditure to be incurred on hospitality
16. Any other information of significance which the applicant may like to furnish.
DECLARATION
I hereby declare that the above particulars furnished by me are true and correct.
Place ............
Date ............. Signature of the applicant
* Delete if not applicable
# "Foreign Hospitality" means any offer, not being a purely casual one, made by a foreign source for providing a person with the cost of travel to any foreign country or territory or with free board, lodging, transport or medical treatment.

1. Substituted by GSR 755(E), dt. 5-11-1984, w.e.f. 5-11-1984.

Form FC -8
Application for seeking registration with the Central Government Under the Foreign Contribution (Regulation) Act, 1976 (Hereinafter referred to as the Act) for the acceptance of foreign contribution by an association having a definite cultural, economic, educational, religious or social programme
[Rule 3A)
No................... Date..............
To
The Secretary to the Government of India,
Ministry of Home Affairs, Lok Nayak Bhavan, Khan Market,
New Delhi - 110 003
Subject : Application for registration under the Foreign Contribution (Regulation) Act, 1976 for the acceptance of foreign contribution.
I ....................... on behalf of the Association named hereafter apply for registration of the Association under clause (a) of sub-section (1) of section 6 of the Act for the acceptance of foreign contribution.
1. i. Name of the Association and its complete postal address:
Name:
Address:
Town/City:
District:
State:
Pin Code:
ii. If the Association is a registered trust or Society please indicate its:â€”
a. registration number:
b. place of registration:
c. date of registration:
(certified copy of the registration certificate to be attached).
iii. Nature of Association
(a) religious (b) cultural (c) economic (d) educational (e) social.
Note: If a religious Association, state whether (a) Hindu (b) Sikh (c) Muslim (d) Christian (E) Buddhist (f) Others.
iv. Please indicateâ€”
b. the main aim(s) and object(s) of the Association (enclose a copy of the Memorandum of Association and/or the Articles of Association, if applicable);
c. the main object(s) and definite programme(s) for which the foreign contribution is to be accepted/utilised.
v. Please furnish the names and addresses of the members of the Executive Committee/Governing Council etc. of the Association, including the Chief Functionary in the following manner:
Sl. No. Name Name of
Father/
Husband Nationality Occupation Office held in
the Association,
if any Relationship with
other office-
bearers, if any Address
1 2 3 4 5 6 7 8

2. Please indicate whether any member of the Executive Committee/Governing Council etc. of the Association, including the Chief Functionary has in the discharge of his/her official functionsâ€”
b. been convicted by any court of law;
c. a prosecution for any offence pending against him/her;
d. been found guilty of diversion or misutilisation of funds of the Aassociation or any other association in the past.
2. Please indicate whether the applicant Associations is a brand/unit/associate of foreign based organisation or another associations already registered under the Act. If so, the name and address of the parent organisation.
3. Please indicate,â€”
ii. whether the Association was,â€”
a. granted prior permission to receive foreign contribution under the Act in the past. If so, the number and date of the letter granting prior permission should be furnished;
b. whether the account of the receipt and utilisation of the foreign contribution received above was sent to the Central Government in the prescribed form. If so, the date of submission of the accounts should be furnished;
iii. whether the, â€”
a. Association has received foreign contribution without the prior permission under Act in the past. If so, full particulars of the foreign contribution received along with complete address of the bank branch and bank account number in which deposited should be furnished;
b. said violation has been condoned by the Central Government;
c. Association has been prohibited from accepting foreign contribution under the Act.
2. Please indicate whether the Association is functioning as editor, owner, printer or publisher of a publication required to be registered as "newspaper" under the Press and Registration of Books Act, 1867. If so, the details thereof.
3. Please indicate.â€”
ii. Whether the Association ever applied for registration under the Foreign Contribution (Regulation) Act, 1976, if so, â€”
a. the date of submission of application for registration;
b. the number and date of the last communication, if any, received from the Ministry;
c. whether registration was refused;
d. whether application for registration is till pending
iii. whether the Association has close links with another association, or its unit or branch which has been â€”
a. refused registration under the Act;
b. prohibited from accepting foreign contribution
4. Please furnish,â€”
. details of the activities of the Association during the past three years,
i. copies of the audited statement of accounts of the Association for the past three years.
ii. details of the area(s) of operation.
5. Please indicate whether the Association has been specified as an organisation of a political nature, not being a political party, under section 5 of the Act. If so, the details of the notification should be furnished.
6. Please indicate,â€”
. the name and address of the branch of the bank through which the foreign contribution shall be received;
i. Please specify the account number in the said branch of the bank.
9A. Whether a recommendation certificate from the competent authority is attached (Yes/No).
10. Any other information which the Association may like to furnish.
Yours faithfully,
Chief Functionary for and on behalf of the Association (Name of Association)
DECLARATION AND UNDERTAKING
The Association named hereinabove affirms that the information furnished above is correct and undertakes:â€”
i. to inform the Central Government (Ministry of Home Affairs) within thirty days, if any, change takes place in regard to the name of the Association, its address, its registration, its nature, its aims and objects with documentary evidence effecting the change;
ii. to obtain prior permission for change of office bearer(s), if, at any point of time such change causes replacement of 50% or more of the office bearers as were mentioned in the application for registration under the Foreign Contribution (Regulation) Act, 1976 and undertakes further not to accept any foreign contributions except with prior permission till the permission to replace the office-bearer(s) has been granted;
iii. not to change the bank or branch of the bank without prior permission of the Central Government. The reasons for change of bank or branch of the bank shall have to be relevant and justifiable; and
iv. not to accept any foreign contribution unless it has obtained either the registration number, as applied for hereinabove, or prior permission of the Central Government under sub-section (1A) of section 6 of the Foreign Contribution (Regulation) Act, 1976.
(Chief Functionary)
for and on behalf of the Association (Name of the Association)
Note :
i. The receipt of application for registration is not a commitment for grant of registration by the Central Government.
ii. An incomplete application; i.e., without the required documents/details/explanations is likely to be rejected summarily;
iii. In case the space provided against any column is insufficient separate sheets should be attached; and
Please use Capital letters.
1[Certificate
1. This is to certify that the .............................. (Name of the Association) having its registered office at ............... (Address) has been engaged in economic, educational, cultural, religious, social activities in the ............. (District) of .............. (State) for the last ............ years.
2. It has undertaken commendable welfare activities in the area and has incurred substantial expenditure (excluding administrative expenditure) amounting to ......... (Amount in rupees) during the last three years on its chosen ...... (Economic, Education, Cultural, Religious and Social) field of activity.
3. The antecedents of the organisation have been verified and there is nothing adverse against them
4. Grant of registration to the aforesaid Association to accept foreign contribution under the Foreign Contribution (Regulation) Act, 1976 is recommended.
** (Recommending Authority)
(With Seal)
* Strike out whatever is not applicable.
** Any concerned
(1) Collector of District
(2) Department of the State Government
(3) Ministry/Department of the Government of India]
(To be submitted in triplicate) (This form has been last modified on 24-1-2000)

CHARITABLE INSTITUTIONS FORMED BY REGISTERING AS A COMPANY U/S. 25 OF THE COMPANIES ACT
POINTS TO BE COVERED UNDER MEMORANDUM OF ASSOCIATION
AND ARTICLE OF ASSOCIATION
I. Memorandum of Association is
1. Name of the Company is ______
2. The Registered office of the Co. will be situated in the state of _____________
3. Objects
a. Main objects of the Co. to be perused on incorporation.
b. Objects incidential or ancillary to the attainment of the main objects
c. Other objects if any.
4. The objects of the Co. extend to the whole of India and all other countries of the world.
5. Distribution of Income and Property of Company.
6. Alteration of MOA & AOA.
7. Liability of the members is limited.
8. Contribution of members in the event of winding up.
9. Accounts and Audit.
10. Distribution of surplus amount on winding up.
We, the several persons whose names, addresses, descriptions and occupations are hereupto subscribed are desirous of being formed into a company not for profit, in pursuance of this M.O.A.
Name, Address Description &
Occupation of the Subscribers Signature of
Subscribers Signature, Name, Address,
Description & occupation of witness.

Place :
Date :

II. Article of Association :
a. Interpretation
b. Members including appointment and cessation
c. Annual Budget and Subscription
d. Copies of Memorandum & Articles to be sent to members
e. Borrowing powers
f. Meeting of members
g. Meeting of Board of Directors
h. Minutes
i. Registers
j. Powers of Board of Directors
k. Remuneration to Directors
l. Administration
m. The Seal
n. Books and Documents
o. Accounts and Balance Sheets
p. Audit
q. Documents and Notices
r. Indemnity
s. Winding up.
We, the several persons whose names, addresses, descriptions and occupations are hereupto subscribed are desirous of being formed into a company not for profit, in pursuance of this M.O.A.
Name, Address Description &
Occupation of the Subscribers Signature of
Subscribers Signature, Name, Address,
Description & occupation of witness.

Place :
Date :

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