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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

1 month 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

1 month ago

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Consult Top Admiralty and Maritime Lawyers in India

Dsouza

Dsouza

Advocate
Exp
Mumbai City , Maharashtra

Specialization

  • Admiralty and Maritime
  • Arbitration and Mediation
  • Aviation
  • Corporate And Incorporation
  • Debt And Lending Agreement
All types of Civil & Criminal matters at the Hon'ble High Court at Bombay & also the Hon'ble High Court of Bombay at Goa. Kindly view my website www.civilandcriminaladvocateinmumbai.com View Full Profile
HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Admiralty and Maritime
  • Civil
  • Criminal
  • Cheque Bounce
  • Domestic Violence
Advocate Harish Kaushik has been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired over 8 years of professional experience in providing legal consultancy and advisory services. View Full Profile
Asha  Bhuta

Asha Bhuta

LAWYER, PROPRIETOR, PARTNER, MEDIATOR
Exp
Mumbai City , Maharashtra

Specialization

  • Admiralty and Maritime
  • Property
  • Arbitration and Mediation
  • Banking
  • Divorce
I AM AN ADVOCATE, ENROLLED WITH BOMBAY BAR ASSOCIATION SINCE 1993. I HAVE MY LAW FIRM BY THE NAME OF BHUTA & ASSOCIATES. I AND MY TEAM PRACTICE IN CIVIL LAW. WE SPECIALIZE IN PROPERTY, BANKING, CORPORATE, FAMILY AND MANY OTHER FIELDS OF LAW. INTEGRITY, SINCERETY AND DETERMINATION IS OUR MOTO. View Full Profile
Abhijeet  S.K RAI

Abhijeet S.K RAI

Advocate
Exp
Bangalore , Karnataka

Specialization

  • Admiralty and Maritime
  • Civil
  • Criminal
  • Arbitration and Mediation
  • Election Campaign And Political Laws
My core practice areas are civil litigation, arbitration, corporate litigation, consumer cases, education matters, drafting contracts, agreements and deeds and rendering legal opinions on real estate. I also handle matrimonial and criminal cases and other diverse areas in law. View Full Profile
M.Indira Priyadharsh  Dharshini

M.Indira Priyadharsh Dharshini

Legal Associate and Advocate
Exp
Bangalore , Karnataka

Specialization

  • Admiralty and Maritime
  • Civil
  • Administrative Law
  • Arbitration And Mediation
  • Advertising
I passionate towards my service and striving hard to achieve my goals . View Full Profile
 Vishwabandhu  Chaudhary

Vishwabandhu Chaudhary

SENIOR LAWYER
Exp
Jabalpur , Madhya Pradesh

Specialization

  • Admiralty and Maritime
  • Criminal
  • Privacy
Criminal Cases Handel View Full Profile
Total Answers Given : 291
Sunil Kumar  Singh

Sunil Kumar Singh

Lawyer,Attorney,Solicitor
Exp
Kanpur , Uttar Pradesh

Specialization

  • Admiralty and Maritime
  • Contracts and Agreements
  • Commercial
  • Consumer Protection
  • Advertising
Prominent Lawyer,Experience to Assit Court of Justice , He has been providing services in various fields of law, including, but not limited to Civil, Criminal, Arbitration, Labour & Service Matters, Intellectual Property Rights, Trademark, matters relating to Property Law, Copyright, inter Thank View Full Profile
Total Answers Given : 242
Anand  Dhanuka

Anand Dhanuka

Advocate
Exp
Hooghly , West Bengal

Specialization

  • Admiralty and Maritime
  • Civil
  • Power Of Attorney
  • Oil And Gas
I am practising as an Advocate dealing civil cases since October 1997. View Full Profile
Total Answers Given : 25
 Manoj  Kumar Singh

Manoj Kumar Singh

Lawyer
Exp
New Delhi , Delhi

Specialization

  • Admiralty and Maritime
  • Criminal
  • Civil
  • Administrative Law
  • Transportation
we are located in Delhi, we provide services all over Delhi , NCR in all Delhi courts Like High court of Delhi, Tis Hazari court Delhi, Karkardooma Court Delhi , Saket Court Delhi , Dwarka Court Delhi, you can contact us for all kinds of matters we have a team of associates lawyers and experts who. View Full Profile
Total Answers Given : 15
SUBRATHA  RAY

SUBRATHA RAY

Legal Counsel , Lawyer
Exp
Delhi , Delhi

Specialization

  • Admiralty and Maritime
  • Criminal
  • Sexual Harassment at Workplace
  • Divorce
  • Banking
Practicing Lawyer & mastering the law skills in the field of Criminal & Civil Laws. Appointed for Pro Bono Legal Services by Ministry Of Law & Justice, (Department of Justice). Expertise in Bail's & Anticipatory Bails, Civil Cases, Divorce , Patent & Trademark &Copyrights Law, Legal Draftings. View Full Profile
Total Answers Given : 13
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  • What does "maritime law" or "admiralty law" mean?
  • Can a seaman sue his employer for the unseaworthiness of the vessel?
  • Can a seaman get maintenance and cure benefits at the same time he is suing his employer?
  • Who is liable to pay in case of the vessel meeting an accident?
  • What do I do in case my vessel meets with an accident?
  • What are the (local) laws that one should refer to as a seaman?
  • What should you do if you've just suffered a maritime injury?
  • What does "unseaworthiness" mean?
  • What is General Maritime Law?
  • Why hire a Maritime Lawyer?
  • If I file a maritime injury claim, will I be blackballed or blacklisted?

As per Black’s Law Dictionary, Maritime Law refers to the law governing sea or seaport bound actions conducted and commerce transacted. Registration, license, and inspection procedures for ships and shipping contracts, insurance and carriage of goods and passengers are included. Admiralty Law refers to the rules and orders of maritime law. This protects the ships and the sea from harm. Maritime treaties are drafted between international interests.

Vidhikarya will help you find a most suitable lawyer, for you in your city, who will be able to answer all your Maritime related queries and also guide you on how to resolve the matters with ease. What we can do for you is that it will help you in finding and engaging a right and suitable lawyer for your cause.

Vidhikarya will help you find a most suitable lawyer, for you in your city, who will be able to answer all your Maritime related queries and also guide you on how to resolve the matters with ease. What we can do for you is that it will help you in finding and engaging a right and suitable lawyer for your cause.

About the Maritime and Admiralty Laws


Maritime and Admiralty laws are those laws which govern the life and affairs of the seamen both on water and near water meaning on high sea as well as on ports. Usually these are the laws which are looked at when a seaman is fairing on the sea with his ship and crew. They need these laws to ensure the proper regulations of the shipping industry and also to ensure that justice is done with the crew and seamen when any event occurs.

In 2017, India enacted a law which is now the paragon law in the field of admiralty and maritime laws. The Act is known as ‘The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act 2017’ whose main aim is to consolidate the laws relating to admiralty jurisdiction, legal proceedings in connection with vessels, their arrest, detention, sale and other matters connected therewith or incidental thereto.

The Act says that the provisions of the Code of Civil Procedure 1908 shall apply in all the proceedings before the High Court to the extent of them not being inconsistent with any of the provisions the Act. The Act also says that notwithstanding anything contained in any other law for the time being in force, an appeal shall lie from any judgement, decree or final order or interim order of a single Judge of the High Court under this Act to a division Bench of the High Court.

What are the applicable laws to Maritime?


The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act 2017 repealed these following laws;

  • The Admiralty Court Act, 1840;
  • The Admiralty Court Act, 1861;
  • The Colonial Courts of Admiralty Act, 1890;
  • The Colonial Courts of Admiralty (India) Act, 1891; and
  • The provisions of the Letters Patent, 1865 in so far as they apply to the admiralty jurisdiction of the Bombay, Calcutta and Madras High Courts.

Some important facts and cases about and under Maritime law


As per the act, every maritime lien shall have the following order of inter se priority, namely:-

  • Claims for wages and other sums due to the master, officers and other members of the vessel's complement in respect of their employment on the vessel, including costs of repatriation and social insurance contributions payable on their behalf;
  • Claims in respect of loss of life or personal injury occurring, whether on land or on water, in direct connection with the operation of the vessel;
  • Claims for reward for salvage services including special compensation relating thereto;
  • Claims for port, canal, and other waterway dues and pilotage dues and any other statutory dues related to the vessel;
  • Claims based on tort arising out of loss or damage caused by the operation of the vessel other than loss or damage to cargo and containers carried on the vessel.

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