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How is an NGO, a Trust and a Foundation Different?

From a legal standpoint, there is hardly any difference. An NGO or a Foundation cannot be registered. The legal viewpoint is that an NGO has one of three entities; its either a Public Trust or a Society or a not-for-profit organization or foundation. Under the Income Tax Act, all 3 entities are tax-exempt entities.Both trust and society alike are two types of a non-profit or non-government organization in India. Therefore if anyone intends on doing social work and for this purpose needs a legal entity, then either a trust or a society can be registered. One can also register a company under section 25 but in most cases, a registered is a norm or society for benevolent work.Trust is a comparatively simpler entity and can be easily registered and operated. Such organizations are fundamentally rooted in trust. Donations are purely based on trust that the donated funds would be fully utilized to serve the purpose mentioned in one’s trust deed. Trustees do not owe any explanation to anyone other than the Charity Commissioner and the applicable laws. Any tax breaks u/s 80g and 12a can be revoked if trustees do not abide by the rules, laws, and regulations of the Income Tax department. Analyzing NGO Registration people seem to think that even with lack of funds if NGO registration is done then their goals and objectives can be attained. Truth is as quickly as some NGOs are being registered they are also winding up quickly or even leaving it in the middle. If NGOs are registered with the intention or mindset of obtaining external grants and donations then such NGOs would not be sustainable in the long run. A company donating a chunk of funds to charity on a regular basis, then in such cases an NGO can be registered with enhanced sustainability planning.  In India, there are many registered NGOs only on paper and only about a little over half of NGOs are actually working for the betterment of society. NGOs can be formed in no time at all. However, when project funds from local government schemes or contributions from foreign countries are on hold indefinitely then the entire NGO comes to a screeching halt. Rather than looking for easier options for forming an NGO, for NGO registration its imperative to analyze the actual requirement and the strength to form, manage and maintain such NGO is far more important.Call 7604047601 for consultation with a registered expert Trust and Society NGO lawyers on Vidhikarya.

Posted By

Avik Chakravorty

4 weeks ago

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Why is RTI Amendment Bill So Controversial?

Although the Lok Sabha has passed and ratified The Right to Information Amendment Bill 2019 the Opposition is dead against it. Invectives like ‘dangerous’ and ‘dark day for democracy’ have been hurled against the bill. Changes have been suggested in regard to the terms and conditions of appointment of information commissioners at the center and state levels. The three provisions of the RTI amendment bill have been challenged by the members of Opposition in Parliament and by protesters in the field.Nonetheless, prior to going forward, the basic things that the RTI Act of 2005 does is based on the existing law which says that the public authorities are required to disclose on·        their organization, functions, and structure·        rights and duties of its officers and employees·        financial dataIf the public authorities do not provide the required information of their own volition, then, in that case, its citizen’s right to demand it from them based on the RTI Act. "Public authorities" refer to ministers and government servants among others.The head of the central information commission is the chief information commissioner and other information commissioners appointed by none other than the President representing the Central Government for a fixed term of five years with the salary of the chief election commissioner’s, as well as the election commissioner's salary respectively. The intent and purpose of this initiative were granting autonomous powers to the central information commission as well as provide protection from government surveillance. The amendments ` ` ` `The RTI amendment bill of 2019, excludes the five years tenure of the chief information commissioners and the information commissioners. The payouts on account of salary have been revised. Separate notifications will be sent by the government to both. Politically, what this means is that the government can and will pose a threat or entice the chief information commissioner and information commissioners with random removal or extension and curtailment or increase in salary depending upon their suitability for the ruling dispensation.Call 7604047601 for consultation with a registered expert right to information lawyer on Vidhikarya.

Posted By

Avik Chakravorty

4 weeks ago

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Shreyash Mohta

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Divorce
  • Domestic Violence
  • Family
  • Muslim Laws
  • Bankruptcy And Debt
Hi, this is Shreyash Mohta I have graduated from University of Calcutta and I am a practicing Advocate. I deal mostly with criminal & quasi criminal cases with exp of 1-1.5yrs. My prime area of expertise is in matters related to Family Disputes, Divorce, Domestic Violence, etc. View Full Profile
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Mrighankhi Chakraborty

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Divorce
  • Cheque Bounce
  • Family
Hi, This is Mrighankhi Chakraborty I have graduated from University of Calcutta and I am a practicing Advocate. I deal mostly with Divorce cases with exp of 1-1.5yrs. My prime area of expertise is in matters related to Family Disputes, Divorce, Domestic Violence, etc View Full Profile
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Debasis Mitra

BA.LLB
Exp
Kolkata , West Bengal

Specialization

  • Civil
  • Arbitration And Mediation
  • Power Of Attorney
  • Landlord And Tenant
Debasis Mitra & Associates is one of the most renowned and has experience in the legal domain representing various clients from different court ,forums & Tribunal. We have an extensive network of Lawyers and Counsels for support of our clients throughout India. View Full Profile
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Vaswati Banerjee associates

Advocate/Partner
Exp
Kolkata , West Bengal

Specialization

  • Cheque Bounce
  • Property
  • Divorce
  • Arbitration And Mediation
Expertise in 138 matter.1)Family Case lawyer , Civil and .property disputes and verification of the property, Registration of property, Divorce lawyer, , Domestic violence lawyer. View Full Profile
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Debashish Tandon

Lawyer
Exp
Kolkata , West Bengal

Specialization

  • Criminal
  • Divorce
  • Real Estate
I am a lawyer with an active litigation experience of more than 11 years in a variety of matters like the Service, Civil, Criminal, Arbitration execution, N.I. Act, Corporate, Labour Laws, property matters. I have experience working in District Court, High Court of Kolkata, Bihar and Uttar Pradesh. View Full Profile
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Bose and Das Associates

Partner
Exp
Kolkata , West Bengal

Specialization

  • Divorce
  • Civil
  • Cheque Bounce
  • Partnership
  • Contracts And Agreements
We are a West Bengal based law firm looking forward to get justice for each and every client. View Full Profile
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Dipankar Majumdar

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Tax-GST
  • Customs, Excise
  • Sale
  • Tax-Sales Tax
  • Tax-Service Tax
I am an advocate practicing in Kolkata on civil as well as criminal side before High Court, Tribunals as well as District & Sessions Courts. I have specialization and deep experience in Indirect Taxes (GST, Customs, VAT, Excise, Entry Tax, etc.) and allied civil commercial laws. View Full Profile
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SUVAJIT GHOSH DASTIDAR

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Criminal
  • Divorce
I completed law in the year 2016 and has been providing services in various fields of law. View Full Profile
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Arnab Banerjee

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Criminal
  • Administrative Law
  • Arbitration And Mediation
  • Animal Laws
  • Debt And Lending Agreement
i am good at research work and documentation work of all kind. View Full Profile
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Dhrubaraj Bhowmik

Practicing lawyer
Exp
Kolkata , West Bengal

Specialization

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