ImpactMojoHow Your NGO Exists — Trusts, Societies & Section 8, annotated
An NGO in India exists as one of three things — a trust, a society, or a Section 8 company. This guide takes the core provisions of all three governing statutes, reproduced word-for-word from the authoritative India Code text, and adds a plain-language reading and a development-sector practitioner's note on setting up and running each.
PDF · 7 pages · three statutes · delivered to your inbox within 24 hours of payment.
Why an annotated guide?
Choosing how your NGO exists — trust, society, or Section 8 company — shapes everything after: who governs it, how funders see it, how heavy the compliance, whether CSR money can reach you. But the governing laws are scattered across three separate statutes, none written with a development organisation in mind.
This guide brings the core provisions of all three together. The statute is exact — transcribed verbatim from the authoritative India Code versions. The annotations are ours: a plain-language gloss and a practitioner's note on what each provision means for setting up and running your organisation — the "three certainties" of a valid trust deed, why the Trusts Act 1882 doesn't govern public charitable trusts, the seven-member floor and annual filing that keep a society alive, and the credibility-and-compliance trade-off of the Section 8 company.
What's inside — the three vehicles
- The Trust — Indian Trusts Act 1882, § 6. Creating a valid trust (the three certainties) — and the crucial caveat that this Act doesn't govern public charitable trusts (your state's Public Trusts Act does).
- The Society — Societies Registration Act 1860, §§ 1, 4, 5, 6. The seven-member registration, the annual list that keeps you alive, how property vests in the governing body, and who sues on the society's behalf.
- The Section 8 Company — Companies Act 2013, § 8. The Central-Government licence, the bar on dividends, revocation for breach, and why CSR donors trust it.
Each provision: the verbatim statutory text (illustrations and all), a one-line plain-language reading, and a development-sector practitioner's note. A companion decision aid for choosing between the three.
Sample
A watermarked preview of the format. The file you receive is clean, print-ready and fully yours.
This is the “three certainties” that make a trust deed valid. But read the big caveat first: the Indian Trusts Act 1882 governs private trusts and does not apply to public charitable endowments — which is what most NGO trusts are. Use s. 6 as the drafting logic for your deed, but register and comply under your state's Public Trusts Act.
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Study the law free first
The free Law Guides for the Social Sector cover FCRA, CSR, POSH and more in plain English — the compliance that follows once your NGO is set up.
FAQ
Is the statutory text reliable?
Yes. Each provision is reproduced verbatim from the authoritative India Code versions of the Indian Trusts Act 1882, the Societies Registration Act 1860 and the Companies Act 2013. Nothing is paraphrased. The annotations are clearly marked as ImpactMojo's own commentary.
Does this cover state laws?
Partly. Societies and public charitable trusts are also governed by state-level Acts (e.g. state Societies Registration and Public Trusts Acts), which vary. The guide reproduces the central statutes and flags where your state's law takes over — but for a specific registration, check your state's Act and a local lawyer.
Is this legal advice?
No. The annotations are practitioner commentary to help you understand and apply the Act in development work — they are not legal advice, and do not create a lawyer–client relationship. For a specific matter, consult a lawyer.
What exactly do I get?
A single print-ready A4 PDF (7 pages) covering the three NGO vehicles — the Indian Trusts Act 1882 (s. 6), the Societies Registration Act 1860 (ss. 1, 4, 5, 6) and the Companies Act 2013 (s. 8) — each provision with the verbatim text, a plain-language reading, and a development-sector practitioner's note.
How fast is delivery?
Within 24 hours of confirming payment, usually much sooner. We verify the UPI reference, then email you a private download link.
Can I print it and use it with my team?
It's licensed for your own and your organisation's learning and field use — print it, annotate it, take it into a training. Please don't resell or post it publicly.