Same Name can be in Trust but not in Society and Non Profit Company
To get and wish to register NGO then the name of the NGO is necessary part of this procedure and system. If you are thinking to get registration with certain name then you should be clear that if you are registering NGO as Non-Profit Company under Section 8 of Companies Act 2013 then the similar name can not be permitted by Registrar of Company; and if you are registering NGO as Society under Society Registration Act then the similar name can not be permitted by the Registrar of Society in the same jurisdiction/District of that Registrar. But as for NGO Registration Trust under Indian Trust Act the NGO can be registered with the same and similar name with that name/words any NGO is already registered previously in any jurisdiction or in the same jurisdiction or under the same Registrar/Sub Registrar.
Names Prohibited in Emblem Act or Similar Names to the Names of Government Authorities
When proceed to register the NGO in Trust or Society or Non Profit Company, then if the name is similar or equal to any Government name, Government Authority name, Government Institution name, declared Government Project name in Government Gazette, or any name that is restricted and prohibited to not to use as registered for name of any organisation. The name of the NGO can not be similar to the names and words of Government names, banned names for use, restricted names mentioned under Emblem Act or any other applicable Act or Rule. If the name is in or under any restriction then the Sub Registrar, Registrar, Charity Commissioner or Registration Official Authority can make objection and refuse or cancel and it can not be challenged to take the same decided name.
It can be challenged to get the unrestricted name for NGO
If the name is not in or under any restriction of Emblem Act or Rule or Law and the Sub Registrar, Registrar or Officials can make objection then it can be challenged and appealed to take the same decided name for the Non Profit Organisation. So if the founder members decides to register NGO with a certain name, in this case if the authorised Registrars or Registration Authorities of Government of any Government Authority/Ministry refuse, deny or make it pending for certain time then it is subjection of the Registrar, Concerned authorities according to his/her/their opinion to do so; and in this case it is the liability of the founder members who wish to register with the exact decided certain objectionable name. In this case we do not take responsibility at our consulting part but we suggest and recommend that founder must use the such recommended names of NGO without any possibility of objection on the certain words in the name.
Change of Name option
If the registrar or concerned authorities have any objection and denial on the name then the founder can or have to change the name for the Trust or Society or NGO. To get any expected name of Non Governmental Organisation with surety is not responsibility and liability of Consultants or Consultancy. We do not assure anyone to get the exact name that are similar to Government names or similar to restricted names under Emblem Act or such Name is refused or cancelled by the concerned Registration Authority. In this case thre is option that the founder members and associates have to decide to change the name of social organisation, to proceed the completion of registration process.
Appeal option to Challenge the refusal of the desired name that is not prohibited
If any desired name of the social organisation is not under the prohibition or restriction of any parameter of Emblem Act or any other Government Law or Rule then it can be appealed against such cancellation or refusal of the registration of the NGO based on that name placed to get registration as identity of the organisation. If the founder members want then we can legally appeal to challenge the refusal or cancellation if the Registrar of any concerned registration authority denies or refuses or cancels to register with certain names. The option of the appeal is also based on the availability of this justification that if such names that are already registered with certain words, and in that case any rules or laws such as Emblem Act or any other Act/Law do not applicable or the such required names can not be refused or denied on legal parameters.
So the founder of NGO who wish to Register NGO and aim to work as the positive change maker in society, must be ready to face and challenge such unwanted objection that is not part of any law and can be challenged. Presently there are some kind of objection in Delhi and in some other area due to certain reasons that may be due to some determined parameters beyond laws, or due to equate and look alike with other objectionable names/words or due to willful stubborn of some Officials, on the names/words of NGO, with that names/words previously thousands NGOs are already registered with certain names and words. According to law such names already must be registered that are not under the Emblem Act or are not under the objectionable parameters and the names are already registered previously in the concerned same jurisdiction of the Registrar/Authority, that is also applicable on the Officials who make objection, but they can make objection and make delay with certain due intentions. It can be challenged if any objection on certain names/words that are already accepted and registered, if the founder wants to do so.
Chanakya NGO Consultancy and associated Consultants can and will challenge such matter in front of the responsible authority or challenge at the Ministry/Department or can challenge in court for justice with the consent of the founders or their representatives. To challenge such issues that are not part of regular registration process and that part will be the under the legal consulting work and process, apart from the Registration Consulting. So it will be legally challenged with the consent of the founder and the separate consulting fee will be applicable whatever that is decided with mutual concern.
