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NGO related query

Guest (Querist) 15 March 2009 This query is : Resolved 
An NGO is intended to be registered under the Society Registration Act. With one of the main object to provide legal advice on a pro bono basis i.e. free of cost. To provide legal opinion and guidance, to poor persons, to the poor prospective litigants to the procedure for pre-litigation settlement, with special emphasis on ADR, Para Legal Clinic, Lok Adalat and Arbitration Etc. Guidance to poor litigants for getting free legal aid. To conduct periodic legal advice camps wherein they intend to invite prominent lawyers to render legal advice to the needy. Such advice shall be given free of cost.
Proposed object clause of the NGO is as follows;
" a. To provide free legal aid to poor and indigent persons. b. To provide free legal aid to every person who has to file or defend a case and who by reason of financial incapability is unable to do so.
c. To provide guidance to the prospective litigants to the procedure for pre-ligation settlement, with special emphasis on ADR, Para Legal Clinic, Lok Adalat and Arbitration. d. To educate the mass about their legal rights. e. To organise camps, seminars, symposiums for promotion of legal education. f. To undertake consumer awareness programme. g. To file a consumer complaint before the authorities established under The Consumer Protection Act. 1986 on behalf of a consumer or member of our society. h. To provide free online legal advice and opinion. i. To undertake and provide for documentation and publication of journals, research papers and books, and use information and communication technology for knowledge empowerment and betterment of the society.”

Can a NGO run such activities? Is there any legal bar or any legal prohibition?
AEJAZ AHMED (Expert) 15 March 2009
With concerned to the ' extent ' of your query, as per me there is no such legal bar, any prohibitions or restrictions for getting registration of the NGO.

According to section 20 of the Societies Registration Act, 1860, the following societies can be registered under the Act:

Charitable societies :

• Military orphan funds or societies established at the several presidencies of India
• 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

But what about the further activities, Fund, Funds raising either national or internationally, Accounts and Taxes, because there are some restriction on NGOs from Ministry of Home Affairs.

For further detail informations kindly go through the following sites:

http://www.ngoconsultancy.in/fcra.htm

http://www.ngosindia.com/
Guest (Querist) 15 March 2009
any other opinion from Seniors???????
M. PIRAVI PERUMAL (Expert) 15 March 2009
Kindly refer the article uploaded in the file/article section, which gives you a more clear picture.
Manish Singh (Expert) 16 March 2009
these shall be proper objects of a society which shall term it as "charitable society" and you will be entitled to get IT exemptions as well as serv tax exemptions.


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