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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 Immigration Lawyers in India

HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Immigration
  • 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
Karnish  Gupta

Karnish Gupta

PARTNER
Exp
Ludhiana , Punjab

Specialization

  • Immigration
  • Criminal
  • Administrative Law
  • Adoption
  • Animal Laws
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
Biswajit  Das

Biswajit Das

Advocate
Exp
Nalbari , Assam

Specialization

  • Immigration
  • Criminal
  • Bankruptcy And Debt
  • Landlord And Tenant
  • Contracts And Agreements
With warm Regards, I am Biswajit Das, my principal place of practice is Gauhati High Court. Practicing in the field of Criminal and Civil Law, writs, constitutional Law, service matters, company matters, Cheque bounce cases, Domestic violence matters, Bank Debts matters,MACT matters. View Full Profile
Total Answers Given : 15
SUBRATHA  RAY

SUBRATHA RAY

Legal Counsel , Lawyer
Exp
Delhi , Delhi

Specialization

  • Immigration
  • 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
ANSHUMITA  SINGH

ANSHUMITA SINGH

Immigration Lawyer & Solicitor
Exp
Noida , Uttar Pradesh

Specialization

  • Immigration
  • Contracts and Agreements
  • Arbitration And Mediation
  • Environment And Natural Resources
  • International Laws
I am an experienced Lawyer having specialised hard core experience of 8 years in Immigration Law and 11 plus years of experience in the legal industry. Have handled a variety of cases and matters pertaining to Immigration Law, Contract Law, Family Law, Consumer disputes and Maritime & Shipping cases View Full Profile
Total Answers Given : 4
nupur  mittal

nupur mittal

advocate
Exp
Delhi , Delhi

Specialization

  • Immigration
  • Civil
  • Administrative Law
  • Adoption
  • Cheque Bounce
I specialise in Family matters, intellectual property rights, matrimonial cases, arbitration, civil mattes, legal notices, legal opinions, 138 NI act, cyber laws View Full Profile
Total Answers Given : 1
Mohit  kumar

Mohit kumar

Sr. Advocate in Punjab and Haryana High Court
Exp
Chandigarh , Chandigarh

Specialization

  • Immigration
  • Criminal
  • Bankruptcy And Debt
  • Financial Markets And Services
  • International Laws
I am Mohit kumar have 4 years of experience in assisting various central governments standing counsel (CGSCS). I am experienced in disputing for both prosecution and Defense, also fought cases at various High Courts. I am working at the moment in Punjab and Haryana High Court, Chandigarh View Full Profile
Naasha  Anklesaria

Naasha Anklesaria

Associate
Exp
Ernakulam , Kerala

Specialization

  • Immigration
  • Financial Markets and Services
  • Administrative Law
  • Advertising
  • Animal Laws
Varied experience in filings before the District and High Court(s) as well as Corporate experience. Please refer to "Secondary Expertise" or contact me for clarifications. View Full Profile
Velli  Doss

Velli Doss

Lawyer
Exp
Chennai , Tamil Nadu

Specialization

  • Immigration
  • Family
  • Customs, Excise
  • Debt Collection
  • Police Laws
I am having more than 10 years experience in family cases and also civil and criminal case View Full Profile
Vikas  Rana

Vikas Rana

ADVOCATE
Exp
Una , Himachal Pradesh

Specialization

  • Immigration
  • Cheque Bounce
  • Administrative Law
  • Arbitration And Mediation
  • Contracts And Agreements
Doing Practice as a Advocate at District Courts, Una, (HP) View Full Profile
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  • What are Immigration Laws?
  • What are the applicable laws for Immigration?
  • What areas are covered by the Immigration Laws?

Vidhikarya will help you find a most suitable lawyer, for you in your city, who will be able to answer all your Immigration Laws related queries and also guide you on how to resolve this matter with ease.

About the Immigration Laws


Immigration laws are policies guiding the event of foreign nationals migrating into a country. Immigration laws deal with the process of allowing the said migration and also at times the punishment of unauthorised usage of the national territory. There are various ‘Push & Pull Mechanisms’ influencing the act of migration.

What are the applicable laws to Immigration?


  • The Foreigners Act, 1946
  • The Passport (Entry into India) Act, 1920
  • The Extradition Act, 1962
  • The United Nations (Privileges and Immunities) Act, 1947
  • The Indian Constitution
  • The Immigrants (Expulsion from Assam) Act, 1950
  • The Immigration (Carriers’ Liability) Act, 2000

Some important facts of Immigration Laws


  • There are different types of Visas, for eg – Tourist Visa (T Visa), Entry (X) Visa, Student Visa (S Visa), etc. however there is a special type of Visa called ‘Tourist Visa on Arrival’ for nationals of some countries like Japan, Laos, Myanmar, etc., which can be allowed for a maximum validity of 30 days at Delhi, Mumbai, Chennai, and Kolkata Airports.
  • Persons of Indian Origin (PIO) – the PIO Card Scheme, 2002 provides persons of Indian origin in possession of any other country’s passport, certain benefits like not requiring a separate VISA to visit India if they have the PIO Card with them.
  • As per the provisions of ‘The Immigrants (Expulsion from Assam) Act, 1950’, Central Government can order certain immigrants to be subjected to expulsion from Assam.
  • The Nationals of Nepal & Bhutan do not require Visa to enter the Indian Territory.
  • As per the policy of ‘Overseas Citizenship of India’, persons of Indian origin in certain countries can apply for a type of dual citizenship as per which they get certain rights such as being free from a lot of visa registration requirements, however, they will not have the right to vote in Indian elections or acquire certain kinds of real estate.
  • As per Section 2(d) of Extradition Act 1962, an Extradition Treaty refers to an understanding between India & a Foreign State as per which fugitive criminals can be extradited to & from India. Immigrants will be subject to this policy.

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