Our Buddhist trust in New Delhi wants to register with the state, what is the procedure under the law?

Detailed Legal Analysis

To register a Buddhist trust in New Delhi, the procedure is primarily governed by the Indian Trusts Act, 1882, and the specific regulations set forth by the Societies Registration Act, 1860, if the trust aims to operate as a society as well.

The following steps outline the procedure to register a Buddhist trust:

• Draft a Trust Deed:
  • Prepare a trust deed that outlines the objectives, rules, and regulations of the trust.
  • The deed should mention the name of the trust, the names of the trustees, and the purpose of the trust.
• Trustee Details:
  • At least two trustees are required to form a trust.
  • Trustees must be competent to contract as per Section 11 of the Indian Contract Act, 1872.
• Registration under the Indian Trusts Act:
  • Visit the local registrar’s office in New Delhi.
  • Submit the following documents:
    • Original trust deed and copies for record.
    • Identity proof and address proof of trustees.
    • Passport-sized photographs of the trustees.
    • Proof of the address of the trust (e.g., utility bill, lease agreement).
  • Pay the requisite registration fee as per the applicable state laws.
• Tax Exemption Registration:
  • After registration, apply for tax exemption under Section 12A of the Income Tax Act, 1961, if the trust intends to receive donations and operate on a non-profit basis.
  • This involves filing Form 10A with the income tax department.
• Compliance with State Regulations:
  • Check for any additional requirements or compliance under the Delhi Registration Act, 1908.
  • Ensure adherence to local laws governing trusts, if any.

It is advisable to consult a legal expert or a chartered accountant familiar with trust registration to ensure compliance with all legal requirements and to facilitate the process effectively.