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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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Advocate Upadhye & Associates

Advocate Upadhye & Associates

Director /Advocate/Head counsel
Exp
Pune , Maharashtra

Specialization

  • Debt Collection
  • Divorce
  • Cyber, Internet, Information Technology
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Chief Legal Counsel at Advocate Upadhye and Associates View Full Profile
Total Answers Given : 36
parangat  PANDEY

parangat PANDEY

lawyer
Exp
South Delhi , Delhi

Specialization

  • Debt Collection
  • Civil
  • Arbitration And Mediation
  • Adoption
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very sincere and also updated about the latest cases--client is the king for me View Full Profile
Total Answers Given : 8
Fareed  Ahmed

Fareed Ahmed

Verum Legal Associates - Partn
Exp
Mumbai City , Maharashtra

Specialization

  • Debt Collection
  • Civil
  • Debt And Lending Agreement
  • Financial Markets And Services
  • International Laws
Total Answers Given : 3
Ramgopal  Aiyer

Ramgopal Aiyer

Managing Partner
Exp
Mumbai , Maharashtra

Specialization

  • Debt Collection
  • Criminal
  • Cheque Bounce
  • Banking
  • Commercial
Managing Partner of Kaleeyantey Law Firm presently having offices in Mumbai and Navi Mumbai handling Litigation and Non Litigation matters on Civil side and Criminal side as well. View Full Profile
Total Answers Given : 3
Lawkhart  Legal

Lawkhart Legal

Founder Advocate of Mehrotra & Associates
Exp
Mumbai City , Maharashtra

Specialization

  • Debt Collection
  • Cheque Bounce
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  • Will
I have been providing legal advice and services in various fields of law including Criminal law, Divorce law, Property Law, Default or Fraud Law. We specialize in providing quality and honest legal services at a reasonable rate, so that justice can become affordable. View Full Profile
Total Answers Given : 1
Manish  Priyadarshi

Manish Priyadarshi

Advocate
Exp
Jaipur , Rajasthan

Specialization

  • Debt Collection
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I have extensive experience in Civil and Corporate litigation with special emphasis on land related issues including Land Due Diligence, Arbitration matters, Commercial matters, Debt related matters/Banking matters, Insolvency proceedings, Constitutional Law, drafting of various kinds of agreements. View Full Profile
HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Debt Collection
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  • Criminal
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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
Hari Bhawan  Pandey

Hari Bhawan Pandey

Lawyer
Exp
Allahabad , Uttar Pradesh

Specialization

  • Debt Collection
  • Civil
  • Documentation
  • Government Contracts
  • Industrial Laws
I am practising in Allahabad High Court Allahabad since 2002 the date of Enrollment in Bar Council of Uttar Pradesh. I am giving my best service in CRIMINAL and Service Matters including Central Administrative Tribunals Allahabad. View Full Profile
RAJENDRAPRASAD PV PV

RAJENDRAPRASAD PV PV

ADVOCATE
Exp
Hyderabad , Telangana

Specialization

  • Debt Collection
  • Civil
  • Equipment Finance And Leasing
  • Landlord And Tenant
I AM A PRACTICING LAWYER/ADVOCATE AT HYDERABAD IN ORIGINAL AND APPELLATE COURTS INCLUDING HIGH COURT SINCE THE DATE OF ENROLLMENT AS SUCH ON 18-11-1983 IN THE ROLLS OF BAR COUNCIL OF AP WELL EXPERT IN REDRESSING ALL TYPES OF VARIOUS REMEDIES LEGALLY WITH LEGAL APPROACH View Full Profile
ROHIT  DALMIA

ROHIT DALMIA

ADVOCATE
Exp
Mumbai suburban , Maharashtra

Specialization

  • Debt Collection
  • Arbitration And Mediation
  • Bankruptcy And Debt
  • Contracts And Agreements
  • Debt And Lending Agreement
An Enthused Advocate who looks for challenging cases and assignments. Have Presence at major cities of India through Associate offices. View Full Profile
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  • What are the laws on debt recovery?
  • How do one pay off debt in collections?
  • How long can a debt be collected?
  • What are the main features of debt recovery laws?
  • How to respond to a summon of debt collection?

In 2016, Prakash Sarvankar who used to live in Mumbai committed suicide accusing for his death a recovery agent. Instances like these indicated the terror of recovery agents. Hence laws were made to regulate this aspect of the society.

Some of the governing laws in this topic are:


  • Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Act, 2016
  • Recovery of Debts due to Banks and Financial Institutions Act, 1993
  • Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act)

Some features of Debt-Recovery Laws:


  • Debt Recovery Tribunals in case the defaulter is a company order for the sale proceeds to be distributed amongst creditors
  • Debt Recovery Tribunals are not bound by the Code of Civil Procedure 1908, they’re guided by principles of natural justice.
  • As per Rule 4 of the Debts Recovery Tribunal (Procedure) Rules, 1993; an application filed must set forth concisely under distinct heads, the grounds for such application and such grounds shall be numbered consecutively and shall be typed in double space on one side of the paper.

If banks still employ an illegal assault oriented method of recovering their money, then, informing the police is of importance. In the event that you get intimidating calls, contact the police and let the bank know that you are informing about the issue to the Police. Gripe sharply to the bank. Debilitate suit if require be. Keep an audio recorder prepared to avoid potential risk against additionally calls.

In the discussion, attempt to get the recovery agent to unmistakably say what he needs from you, the name of his organization and which bank has procured him.

On the off chance that the goons visit you, document an objection at the closest police station. Take photos of the individual who has gone to your home and present these to the police.

You can sue the bank exclusively, or approach a Consumer Action Group, some of which are recorded below :

  • Abhay Credit Counselling Centre (Bank of India): www.bankofindia.com/ home/abhay.asp
  • Disha Credit Counselling Centre (ICICI Bank): www.dishafc.org
  • International Consumer Rights Protection Council (ICRPC): www.icrpc.org
  • National Consumer toll free helpline: 1600-11-4000
  • Consumer Education Research Centre (CERC): www.cercindia.org
  • Citizen Consumer and Civic Action Group (CAG): www.cag.org.in
  • Consumer Guidance Society of India (CGCI): www.cgsiindia.org
  • Voluntary Organisation in Interest of Consumer Education: www.consumer-voice.org
  • Consumer Advantage: www.advantageconsumer.com

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