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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 Environment and Natural Resources Lawyers in India

anil reddy  s

anil reddy s

Proprietor
Exp
Bangalore , Karnataka

Specialization

  • Environment and Natural Resources
  • Property
  • Advertising
  • Debt And Lending Agreement
  • Landlord And Tenant
Total Answers Given : 14
Dsouza

Dsouza

Advocate
Exp
Mumbai City , Maharashtra

Specialization

  • Environment and Natural Resources
  • Arbitration and Mediation
  • Admiralty And Maritime
  • Aviation
  • Corporate And Incorporation
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

  • Environment and Natural Resources
  • 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

  • Environment and Natural Resources
  • Criminal
  • Advertising
  • Animal Laws
  • Debt and Lending Agreement
Anilesh  Tewari

Anilesh Tewari

Advocate, Founder AT Law Chamber
Exp
Lucknow , Uttar Pradesh

Specialization

  • Environment and Natural Resources
  • Cheque Bounce
  • Real Estate
  • Consumer Protection
  • Contracts and Agreements
Advocate Anilesh Tewari has been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired many years of professional experience in providing legal consultancy and advisory services. He is an alumni of Jamia Millia Islamia. View Full Profile
L K Janghel

L K Janghel

Advocate and Legal Consultant
Exp
Raipur , Chhattisgarh

Specialization

  • Environment and Natural Resources
  • Civil
  • Debt Collection
  • Sexual Harassment At Workplace
  • Power Of Attorney
My best wishes Every body will be achived whather are reach or poor persion is my gear point of think View Full Profile
Total Answers Given : 3
Vinay  Pratap Singh

Vinay Pratap Singh

ADVOCATE
Exp
Bhopal , Madhya Pradesh

Specialization

  • Environment and Natural Resources
  • Civil
  • Advertising
  • Animal Laws
  • Aviation
Arnab  Banerjee

Arnab Banerjee

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Environment and Natural Resources
  • Criminal
  • Administrative Law
  • Arbitration And Mediation
  • Animal Laws
i am good at research work and documentation work of all kind. View Full Profile
Total Answers Given : 9
kaustav  ghosh

kaustav ghosh

junior associate
Exp
Howrah , West Bengal

Specialization

  • Environment and Natural Resources
  • Civil
  • International Laws
  • Landlord And Tenant
  • Police Laws
I am a Law graduate from a reputed university and obtained first class in graduation. I am looking for a challenging career which demands the best of my professional ability in terms of legal and analytical skills, and helps me in broadening and enhancing my current skill and knowledge. I have speci View Full Profile
Total Answers Given : 1
Shreedhar Ramesh Das

Shreedhar Ramesh Das

Advocate
Exp
Bagalkot , Karnataka

Specialization

  • Environment and Natural Resources
  • Cheque Bounce
  • Debt And Lending Agreement
  • Election Campaign And Political Laws
  • Equipment Finance And Leasing
Practicing since 2004 View Full Profile
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  • What is environmental and natural resources law?
  • What are the natural resources?
  • What are the governing acts and laws on environment and natural resources in India?
  • What kind of cases can be registered in Indian courts on environment and natural resource laws?

It is intriguing to take note of that natural resources had been put away practically untouched in the Earth for many years. Be that as it may, since the begin of the industrial revolution huge measures of these resources had been abused inside a time of only two or three several years at incredible rates, with all the loss from this misuse going straight in the earth (air, water, land) and genuinely harming its natural procedures. Despite the fact that pollution had been known to exist for quite a while (in any event since individuals began utilizing fire a huge number of years back), it had seen the development of genuinely worldwide extents just since the beginning of the industrial revolution amid the nineteenth century.

Preservation and security of environment have been an indivisible piece of Indian legacy and culture. Understanding its significance, the Indian State has likewise revered it in the Constitution which requires both the state and the citizen to "protect and improve the environment" as per the Article 51-A.

The Indian Constitution, as embraced in 1950, did not manage the subject of condition or counteractive action and control of pollution all things considered (until 1976 Amendment). The first content of the constitution under Article 372(1) has incorporated the prior existing laws into the present legitimate framework and gives that notwithstanding the annulment by this constitution of sanctioning alluded to in article 397, however subjected to alternate arrangements of the constitution, all laws in force promptly before the initiation of the constitution might remain in force until adjusted, cancelled or revised by a competent law-making body or other competent authority. Accordingly, even following five decade of freedom. The plenty of such laws is still in operation with no noteworthy changes in them. To secure and improve the environment is a constitutional order. It is the dedication for a nation married to the thoughts of a welfare State. The Indian constitution contains particular arrangements for natural assurance under the sections of Directive Principles of the State Policy and Fundamental Duties. The nonattendance of a particular arrangement in the Constitution perceiving the fundamental right to (spotless and healthy) condition has been set off by legal activism in the current circumstances.

42nd Amendment of the Constitution added Article 48A to the Directive Principles of State Policy which spoke about the State taking steps for the improvement and protection of the environment. Article 51(A) (g) created a similar responsibility on the citizens in the form of a fundamental duty. Some examples of specialised statutes for the aim of upholding environmental concerns in India are The Air (Prevention and Control of Pollution) Act 1981, The Water (Prevention and Control of Pollution) Act 1974, The Indian Forest Act 1927, The Environment (Protection) Act 1986, etc.

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