Legal consequences of NGO registration

NGOs have been proliferating at both national and international levels because of their role in formulating and shaping the policy of a state as wtell as their humanitarian contributions through aid and other services. Bangladesh, being no exception to that, has also been swayed by the massive expansion of NGOs. According to the NGO Affairs Bureau of Bangladesh, as of 2020, a total of 2543 NGOs are currently operating in Bangladesh comprising of both local and international NGOs. However, an automatic functioning of an NGO-like entity does not lead to the attaining the status of an NGO in Bangladesh.  It is also important that such an entity is duly registered. In this regard, Foreign Donations (Voluntary Activities) Regulations Act, 2016 (FDRA) is the primary legal instrument detailing the process for the registration of an NGO.

The FDRA defines NGOs, be they national or international, as organisations which carry out voluntary activities and are registered under the FDRA. Here, "voluntary activities" include non-profit social, religious, and educational activities as well as activities related to democracy and good governance, human rights, and gender equality, among others. However, for the purpose of registration, according to section 4 of the Act, both international and national NGOs are required to submit an application to the Director General of the NGO Affairs Bureau and that also involves the payment of prescribed fees. In this regard, there are some particulars that must be mentioned during the application process. An application for an NGO registration must contain, inter alia, "the source of foreign donation", if there is any, the source that indicates its availability, and the utilisation of the fund. If the information so provided in the application seem to be correct, the Director General will issue a registration certificate for the concerned NGO which would be valid for an initial period of 10 years. It is worth mentioning that granting such a registration certificate is nevertheless subject to the opinion of the Ministry of Home Affairs and the Bank and Financial Institution department of the Ministry of Finance of Bangladesh.

Once satisfied, the Director General will approve a renewal certificate for further 10 years. The registration certificate of an NGO, however, can be cancelled or postponed, if there is an offence committed by an NGO.

However, the renewal of an NGO in every 10 years would be dependent on whether such an NGO has been able to carry out their tasks successfully for the licensed term and whether the information included in the application submitted six months before the expiration of 10 years period for renewal is correct. Once satisfied, the Director General will approve a renewal certificate for further 10 years. The registration certificate of an NGO, however, can be cancelled or postponed, if there is an offence committed by an NGO. Section 14 of the Act stipulates that slanderous remarks against the Constitution or any constitutional institutions of Bangladesh, patronising or financing terrorist activities and human trafficking of children and women are usually the offences for which the registration of an NGO may be cancelled. Besides, the Director General may take any necessary actions to make the NGO accountable and in some cases, may provide a warning asking the NGO to be rectified within a certain period of time. Furthermore, as section 16 of the Act provides, in the case of cancellation of registration of an NGO, the Director General with prior approval of the Government can transfer the assets of the NGO either to the concerned foreign donor or to the government and can also appoint an administrator who will help wind up the NGO and conduct litigation process, among others. But, any NGO or person who is dissatisfied with a decision made by the Bureau may file an appeal within 30 (thirty) working days of the decision with the Secretary of the Prime Minister's Office who is considered the appellate authority in this regard.

It can be said that an NGO being registered under the FDRA act means that it is acting within the law. As a consequence, it ensures good functioning, and better professional regulation of an NGO in which the public can have confidence. Hence, it is important that each NGO operating in Bangladesh is registered and act within the periphery of laws.

The writer completed his LLM from the University of Dhaka.