CIVIL SOCIETY ORGANISATIONS LEGAL FRAMEWORK SUDHIR VARMA FCA; CIA(USA)

CIVIL SOCIETY ORGANISATIONS

LEGAL FRAMEWORK

SUDHIR VARMAFCA; CIA(USA)

UNDERSTANDING THE TERM

1. CSO-Civil Society Organizations

2. NGO – Non Government Organizations

3. NPO – Not for Profit Organizations


Laws effecting Civil Society Organizations

1. Registration

2. Operations

3. Work Force


1. REGISTRATION

Charitable and Religious Trusts Act, 1920. Charitable Endowments Act, 1890. Emblems and Names (Prevention of

Improper Use) Act, 1950. Registration Act, 1908 Societies Registration Act, 1860. Indian Stamp Act, 1899. Indian Trusts Act, 1882. The Companies Act, 1956

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2. OPERATIONS Consumer Protection Act, 1986 Indian Contract Act, 1872. Copyright Act, 1957. Designs Act, 2000. Environment Protection Act, 1886. Hire Purchase Act, 1972. Limitation Act, 1963. Negotiable Instruments Act, 1881. Patents Act, 1970. Public Liability Insurance Act, 1991. Sale of Goods Act, 1930. Trade Marks Act, 1999. Water (Prevention and Control of Pollution) Act, 1974 The Companies Act, 1956 Foreign Contribution Regulation Act VAT Service Tax


3. WORK FORCE

4. Employers’ Liability Act, 1938.5. Employees’ Provident Fund & Miscellaneous Provisions Act, 1952.6. Employees’ State Insurance Act, 1948.7. Equal Remuneration Act, 1976.8. Labour Laws (Exemption from Furnishing Returns and Maintaining

Registers by Certain Establishments) Act, 1988. 9. Maternity Benefit Act, 1961.10.Minimum Wages Act, 1948.11.Payment of Bonus Act, 1965.12.Payment of Gratuity Act, 1972.13.Payment of Wages Act, 1936.14.Personal Injuries (Compensation Insurance) Act, 1963.15.Sale Promotion Employee ( Conditions of Service) Act, 1976.16.Weekly Holiday Act, 1942.17.Workmen’s Compensation Act, 1923.


LEGISLATION TO DISCUSS1. REGISTRATION

- Indian Trust Act, 1882

- Societies Registration Act, 1960

- The Companies Act, 1956

2. OPERATIONS - Indian Contract Act, 1872

- Negotiable Instruments Act, 1881

- The Companies Act, 1956

- Foreign Contribution (Regulation) Act, 1976

3. WORKFROCE - Employees’ Provident Fund & Misc. Provisions at 1952

- Employees’ State Insurance Act, 1948

- Payment of Bonus Act, 1965

- Payment of Gratuity Act, 1972

- Weekly Holiday Act, 1942

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INDIAN TRUST ACT, 1882

1. The settlor

2. The trustees. Minimum 2

3. Corpus fund

4. Stamp duty on the corpus fund

5. Trust deed

6. Governing the trust

7. The Registrar


SOCIETIES REGISTRATION ACT, 1860

1. An Act to register and monitor literary, scientific

and charitable societies.

2. A common Act giving powers to each state to make their own rules.

3. Inspector General of Registration


REGISTRATION

1. Minimum 7 desirous persons required to register a society.

2. Minimum 8 desirous persons from 8 different states required to register a society with All India status.

3. The desirous persons must meet to resolve to register the society and a draft Memorandum of Association and Rules and Regulations are approved.


Documents required for registration :-

1. Memorandum of Association - Name - Registered Office - Area of Operations - Objects : Main Objects & Incidental Objects - Governing Body - Office Bearers - Desirous Persons This document must be signed and witnessed by all the desirous

persons on each page.

2. Rules and Regulations specifying how the society will be managed and governed.This document must also be signed by all the desirous persons on every page.

3. An affidavit from the Secretary that none of the desirous persons are related by blood.

4. Proof of address of the registered office.5. Power of attorney from all the desirous persons.


THE COMPANIES ACT, 1956

Salient features are :-

1. Civil Society Organizations can be registered under Section 25 of the Companies Act, 1956.

2. The words “Private Limited“ or “Limited” need not be used.

3. The company need not have a capital.

4. Proposed name approved by Registrar of Companies.

5. Proposed Memorandum & Articles of Association is approved by the Regional Director who also then issues a license.

6. After the license, the Registrar of companies will then register the company at a fee of Rs. 50/-.

7. Normal papers for registration, Form 1, 18 and POA to be deposited.


THE COMPANIES ACT, 1956


1. 17 sections of the Act not applicable.

2. The Board / Governing Body

3. Meetings of the Governing Body

4. Meeting of Members

5. Annual returns to Registrar

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FCA; CIA(USA

INDIAN CONTRACT ACT, 1872


1. A contract can be oral and binding.2. A valid contract should have

An offer An Acceptance properly communicated Consideration from each party Object to be legal and viable Person should be major with sound mind Free consent, undue influence, misrepresentation,

fraud, mistake.3. Specific Performance

SUDHIR VARMA

FCA; CIA(USA

NEGOTIABLE INSTRUMENTS ACT, 1881


1. Promissory note

2. Bills of exchange – cheque

3. Dishonored cheques – notice within 15 days


FOREIGN CONTRIBUTION (REGULATION) ACT, 1976


1. Applicable to persons, organizations, branches

2. Regulator – Ministry of Home Affairs

3. Designated bank account

4. Prior Permission (Form FC 1A)

5. Registration (Form FC 8)

6. Annual Return (Form FC 3)


EMPLOYEES’ PROVIDENT FUND & MISC. PROVISIONS ACT, 1952


1. More than 20 people

2. Payable on basic pay

3. Cap of Rs. 6,500/-.

4. Current rate 12.5%.

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FCA; CIA(USA

EMPLOYEES’ STATE INSURANCE ACT, 1948


1. Applicable to production units / factories.

2. More than 10 with power and more than 20 without power.

3. Current contributions

Employer 4.75%

Employee 1.75%

SUDHIR VARMA

FCA; CIA(USA

PAYMENT OF BONUS ACT, 1965


1. Applicable where employees are more than 20 including branches and departments.

2. Payable @ 8.33% of basic pay

3. Not applicable to “Not for Profit Units”.


PAYMENT OF GRATUITY ACT, 1972


1. Applicable to units with more than 10 employees

2. Continuous employment of 5 years.

3. 15 days salary for each completed year of service.

4. Not applicable to “Not for Profit Units”.


WEEKLY HOLIDAY ACT, 1942

Salient features are :

1. Applicable to shops, restaurants and theatres

2. One complete holiday in a week

3. No deduction of pay

4. Cannot change weekly by more than once in three months.

5. State Government can specify different working hours for

- different classes of shops

- different areas

- different times of the year


Thank You

S.M. VARMA & CO., Chartered AccountantsB-57, 2nd Floor, New Rajinder Nagar, New Delhi – 110 060

28741848, 28742468, 28741778 Fax : (011) 28741540E-mail : [email protected]

SUDHIR VARMA

FCA; CIA(USA)

CIVIL SOCIETY ORGANISATIONS LEGAL FRAMEWORK SUDHIR VARMA FCA; CIA(USA)

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