Starting a non-governmental organization (NGO) in Bihar can be one of the most rewarding ways to create a positive social impact. Whether you’re passionate about education, healthcare, environmental protection, or community development, registering your organization legally is the crucial first step toward making your vision a reality.
If you are wondering about the registration process in Bihar, you can find all the details here. In this comprehensive guide, we will walk you through everything you need to know about registering a Trust, Society, or Section 8 Company in Bihar.
Why Register Your NGO ?
Before diving into the specifics, let’s understand why registration matters. A registered NGO enjoys several benefits:
- Legal recognition and credibility with donors and government agencies
- Tax exemptions under various sections of the Income Tax Act
- Access to government schemes and funding opportunities
- Ability to receive donations with tax benefits for donors
- Protection of your organization’s name and brand
Three Options for NGO Registration in Bihar
In Bihar, you have three main options for registering your NGO:
- Public Charitable Trust Registration
- Society Registration (under the Societies Registration Act, 1860)
- Section 8 Company (under Companies Act, 2013)
Each structure has its advantages, processes, and requirements. Let’s explore each option in detail.
Option 1: Trust Registration in Bihar
Why Choose Trust Registration?
Trust registration is often the preferred choice for many organizations in Bihar due to its simplicity and ease of use. One of the main advantages of forming a trust is that it has a straightforward registration process with simple regulations. It’s particularly suitable if your organization focuses on managing property or assets for charitable purposes.
Key Requirements
- Minimum Members: A minimum of three members(practically preferable) is required for the formation of the Trust
- Timeline: It takes hardly 7-10 days for the registration of Trust from the date of filing of the application.
Step-by-Step Process
Step 1: Choose Your Trust Name. Select a unique name that reflects your organization’s mission and doesn’t conflict with existing registered entities.
Step 2: Draft the Trust Deed. This is the most crucial document, as it defines your Trust’s objectives, management structure, and operational guidelines. The Trust Deed shall be prepared on a stamp paper whose value should be a certain percentage of the total value of the Trust’s property. This percentage varies from state to state.
Step 3: Submit to Sub-Registrar. A public charitable trust must be registered with the office of the Sub-Registrar of the Revenue Department. The jurisdiction of the Sub Registrar is the locality of the office address of the Trust.
Documents You’ll Need
- Trust Deed on stamp paper of requisite value
- Passport-size photograph & self-attested copies of the Proof of identity of the settler
- Passport-size photographs & self-attested copies of the Proof of identity of each trustee
- Address Proof of all trustees
- Registered office address proof
Registration Fees
You will need to pay a fee of Rs. 1100 for this process. Of this amount, Rs. 100 will be the registration fee, and Rs. 1000 will be the charges of keeping a copy of the Trust Deed with the sub-registrar.
Option 2: Society Registration in Bihar
When to Choose Society Registration
Society registration is ideal for organizations focused on specific activities, such as education, research, the arts, or social welfare. It provides adequate legal protection and is widely recognized by government departments.
Key Requirements
Under the Act, societies may be formed by way of a memorandum of association by any seven or more people associated with any literary, scientific, or charitable purpose. This means you need at least seven founding members to start a society.
The Registration Process
Step 1: Name Approval Get your proposed society name approved by the Registrar of Societies to ensure it’s unique and doesn’t violate any naming guidelines.
Step 2: Prepare Documentation Draft your Memorandum of Association and Rules & Regulations that will govern your society’s operations.
Step 3: Submit Application File your application with the Registrar of Societies under the Bihar Government.
Required Documents
- Bye-laws duly signed by the members along with the seal of the first three members, i.e., President, General Secretary, and Treasurer.
- Memorandum of Association
- Address of village/ward/house number, if any, of all the executive members and office-bearers
- No Objection Certificate of the house owner where the office is functioning
Benefits of Society Registration
- Exemption from income tax
- Separate legal identity
- Strong legal framework for governance
Option 3: Section 8 Company Registration
Why Consider Section 8 Company?
If you’re seeking maximum credibility and aiming to secure substantial funding, a Section 8 Company may be your best option. Credibility: Section 8 companies are generally considered more credible and reliable than other forms of charitable organizations.
Key Advantages
- No minimum capital requirement
- Tax Benefits: The Company Auditor’s Report Order (CARO) does not apply to the Section 8 Company
- Better access to international funding
- Professional management structure
Requirements
- To register a Section 8 Company, a minimum of two directors is required, and there is no minimum paid-up capital requirement to set up such a company.
- At least one director must be a resident of India.
Registration Process
Step 1: Name Approval Apply for name approval from the Ministry of Corporate Affairs (MCA).
Step 2: Prepare Legal Documents Articles of Association (AOA) and Memorandum of Association (MOA) must clearly state your non-profit objectives.
Step 3: Submit Application File your application with the Registrar of Companies (ROC).
Required Documents
- Articles of Association (AOA) and Memorandum of Association (MOA)
- Declaration by the first director(s) and subscriber(s)
- Digital Signature Certificates (DSC) for all directors
- Director Identification Numbers (DIN)
- Identity and address Proof of all directors
Timeline
The registration process typically takes between 10-20 days.
Additional Registrations You’ll Need
NGO Darpan Portal Registration
Proper Proof of registration on the NGO-Darpan Portal of Niti Aayog is mandatory for accessing government schemes and funding. This is a central database of all non-governmental organizations (NGOs) in India.
Income Tax Registrations
12AB Registration: Provides income tax exemption for your organization’s surplus income.
80G Registration: Enables donors to claim tax deductions when they contribute to your organization, making it more attractive for fundraising purposes.
Choose the Right Structure Based on Comparision
| Aspect | Trust | Society | Section 8 Company |
| Minimum Members | 3 | 7 | 2 |
| Registration Time | 7-10 days | 30-45 days | 10-20 days |
| Complexity | Low | Medium | High |
| Credibility | Good | Good | Excellent |
| Funding Access | Good | Good | Excellent |
| Compliance | Simple | Moderate | Strict |
Get Professional Help
While you can handle the registration process yourself, working with an experienced chartered accountant can save time and ensure all documentation is perfect. Professional help is particularly valuable for Section 8 Company registration due to its complexity.
Key Takeaways
- Choose your registration type based on your organization’s scale, objectives, and funding requirements
- Prepare all documents carefully – incomplete applications cause delays
- Plan for additional registrations like NGO Darpan, 12AB, and 80G for maximum benefits
- Consider professional assistance for complex registrations
- Please start the process early, as it can take few weeks to complete
