Non-profit Laws of India - Special Licensing

Special Licensing

Society 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

In addition to registration, a non-profit engaged in certain activities might also require special license/permission. Some of these include (but are not limited to):

1. A place of work in a restricted area (like a tribal area or a border area requires a special permit – the Inner Line Permit – usually issues either by the Ministry of Home Affairs or by the relevant local authority (i.e., district magistrate).
2. To open an office and employ people, the NGO should be registered under the Shop and Establishment Act.
3. To employ foreign staff, an Indian non-profit needs to be registered as a trust/society/company, have FCRA registration and also obtain a No Objection Certificate. The intended employee also needs a work visa.
4. A foreign not-for-profit may be registered as a branch, liaison or project office after the requisite permission has been granted by the RBI. Upon receipt of approval from the RBI, the foreign office must within 30days seek registration under the Companies Act, 1956. Alongside of these permissions, the office must acquire tax registrations.