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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 Animal Lawyers in India

parangat  PANDEY

parangat PANDEY

lawyer
Exp
South Delhi , Delhi

Specialization

  • Animal Laws
  • Civil
  • Arbitration And Mediation
  • Adoption
  • Aviation
very sincere and also updated about the latest cases--client is the king for me View Full Profile
Total Answers Given : 8
Anoop  Awasthi

Anoop Awasthi

ceo
Exp
Pune , Maharashtra

Specialization

  • Animal Laws
  • Criminal
  • Domestic Violence
  • Military Laws
  • Police Laws
I handle Criminal, family, Civil, Employment, labour ,corporate matter and all kind of documentation... View Full Profile
HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Animal Laws
  • 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 Narayan Nair

Asha Narayan Nair

BA.LLM (Senior Advocate)
Exp
Mumbai City , Maharashtra

Specialization

  • Animal Laws
  • Criminal
  • Advertising
  • Debt and Lending Agreement
  • Environment and Natural Resources
Namitabh  Kothari

Namitabh Kothari

Advocate
Exp
Mumbai suburban , Maharashtra

Specialization

  • Animal Laws
  • Civil
  • Criminal
  • Divorce
  • Cheque Bounce
18 Years of Legal Practice - Expert in Civil, Criminal, Family and all other types of Court cases Handling matters in Bombay High Court and all other Courts in Mumbai - Thane - Navi Mumbai - Pune View Full Profile
Total Answers Given : 75
Khansaeed  Pathan

Khansaeed Pathan

9
Exp
Beed , Maharashtra

Specialization

  • Animal Laws
  • Criminal
  • Civil
  • Cheque Bounce
  • Child Custody
A confident, enthusiastic and self motivated professional with 9 years of qualitative experience in legal field; expert in handling civil & criminal litigations and consumer cases; View Full Profile
Total Answers Given : 13
Pavamani Mary Gladys

Pavamani Mary Gladys

Formerly worked as principal o
Exp
Kozhikode , Kerala

Specialization

  • Animal Laws
  • --Select--
Total Answers Given : 5
Vinay  Pratap Singh

Vinay Pratap Singh

ADVOCATE
Exp
Bhopal , Madhya Pradesh

Specialization

  • Animal Laws
  • Civil
  • Advertising
  • Aviation
  • Debt And Lending Agreement
Arnab  Banerjee

Arnab Banerjee

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Animal Laws
  • Criminal
  • Administrative Law
  • Arbitration And Mediation
  • Debt And Lending Agreement
i am good at research work and documentation work of all kind. View Full Profile
Total Answers Given : 9
Karnish  Gupta

Karnish Gupta

PARTNER
Exp
Ludhiana , Punjab

Specialization

  • Animal Laws
  • Criminal
  • Administrative Law
  • Adoption
  • Aviation
I AM DRIVEN BY MY DESIRE FOR SUCCESS AND THAT I WORK IN HAND WITH THE CLIENT AS THE CLIENT IS ALWAYS IN TRACK WITH THE CASE I AM A WORKAHOLIC BY NATURE AND STOP AT NOTHING View Full Profile
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  • What is Animal law?
  • Is there any law specifically for animal rights in India?
  • Are there any recent Rules on animal protection?
  • Are there any judgements of courts of India on animal rights?

What is Animal law?


There are certain laws which are made keeping the welfare of animals in mind. The idea of prevention of animal cruelty has been around since a very long time, with Ashoka himself declaring protection of animals in the edicts he made on his pillars.

Intent behind enactment of policies related to animal welfare:


They are made with the intent to prevent infliction of unnecessary pain and/or suffering to animals and for that purpose any type of unwarranted and unreasonable agony caused to an animal is discouraged.

Some of the applicable laws to the topic of ‘Animal Laws’?


  • Article 51A(g) makes it a fundamental duty of every citizen to have compassion for all living creatures, however, this is not enforceable in court.
  • IPC sections 428 & 429 make killing or maiming any animal (stray animals included) a punishable offence.
  • Prevention of Cruelty to Animals Act, 1960 criminalizes cruelty to animals with exceptions made for food & scientific purposes.
  • Breeding of and Experiments on Animals (Control and Supervision) Rules, 1998 sets general requirements for breeding and using animals for research, for example maintaining a register providing the reasons necessitating the performance of the experiment on the animal (as per Section 5 of the Act).
  • As per Section 9, Wildlife (Protection) Act, 1972 - Disturbing or destroying eggs or nests of birds and reptiles or chopping a tree having nests of such birds and reptiles or even attempting to do so constitutes to hunting and attracts a punishment of a fine of up to Rs. 25000, or imprisonment of up to seven years or both.
  • As per Rule 3, Slaughterhouse Rules, 2001 animal sacrifice is illegal in every part of the country with the exception of leaving out acts done with a religious motive.
  • As per the Wildlife (Protection) Act, 1972; “no aquarium can keep, house or display marine turtles, otters, any species listed in the Wildlife (Protection) Act, 1972 (53 0f 1972).
  • Prevention of Cruelty to Animals Act, 1960:
    • Rule 3 states that no animal can be slaughtered in any place except a slaughterhouse.
    • Organising of or participating in or inciting any animal fight is a cognizable offence as per Section 11(1)(m)(ii) and Section 11(1)(n).
    • Abandoning any animal, without reasonable causes, is a punishable offence as per Section 11(1)(i) and Section 11(1)(j).
  • The Ministry of Environment, Forest and Climate Change has released four new Gazette notifications under the Prevention of Cruelty to Animals Act, 1960 to regulate dog breeders, animal markets, aquarium and “pet” fish shop owners. PETA India was involved in the public consultation process for these rules and had provided useful comment to strengthen protections. The rules are the Prevention of Cruelty to Animals are:
    • Dog Breeding and Marketing Rules, 2017
    • Regulation of Livestock Markets Rules, 2017
    • Aquarium and Fish Tank Animals Shop Rules, 2017
    • Care and Maintenance of Case Property Animals Rules, 2017
  • According to these new rules, dog breeders, aquarium and fish ‘pet’ shop owners must register themselves with the state Animal Welfare Board of the respective states.

Important Judgements w.r.t Animal Laws


  • People for Ethical Treatment of Animals v. Union of India: Any film (intended for public viewing) applying usage of an animal needs to obtain the permission of the Animal Welfare Board of India in the form of an NOC
  • Shri Ajay Madhusudan Marathe v. New Sarvodaya CHS Ltd: A society cannot prohibit it’s resident from utilizing the facilities available to him/her for their pets. This case was lodged in the context of pets being allowed to make use of lifts.
  • Ozair Hussain v. Union of India: the non-vegetarian and vegetarian origin of food is to be indicated through the medium of a red or green dot respectively.
  • Animal Welfare Board of India v. A Nagaraja and Others: The practice of “Jallikattu”, was declared illegal and it was observed that Bulls cannot be performing animals.

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