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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

4 weeks 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

4 weeks ago

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Consult Top International Lawyers in India

Neeraj  Kumar

Neeraj Kumar

Advocate
Exp
Patna , Bihar

Specialization

  • International Laws
  • Cheque Bounce
  • Employment and Labour
  • Bankruptcy and Debt
  • Contracts and Agreements
I am a practicing Advocate at Patna High Court & Delhi High Court having experiences in handling the cases related with Family Disputes, Property Disputes, Service Matters and also the matter related under SARFAESI Act. Apart from the above I am having experiences in Consumer and Labor Cases too. View Full Profile
Total Answers Given : 129
Law Juris Solicitors & Consultants

Law Juris Solicitors & Consultants

Managing Partner
Exp
South Delhi , Delhi

Specialization

  • International Laws
  • Commercial
  • Debt And Lending Agreement
  • Landlord And Tenant
  • Mergers And Acquisition
The Firm is engaged in diverse areas of Law provides spectrum of legal services to domestic and international clients which includes multinationals, (PSU) and private corporate. The firm has dedicated team of lawyers, technical experts, chartered Accountants and Company secretaries committed to meet View Full Profile
Total Answers Given : 18
parangat  PANDEY

parangat PANDEY

lawyer
Exp
South Delhi , Delhi

Specialization

  • International 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 : 7
Fareed  Ahmed

Fareed Ahmed

Verum Legal Associates - Partn
Exp
Mumbai City , Maharashtra

Specialization

  • International Laws
  • Civil
  • Debt And Lending Agreement
  • Financial Markets And Services
  • Mergers And Acquisition
Total Answers Given : 3
Kunwar  Chandresh

Kunwar Chandresh

Advocate & Arbitration counsel, Ex-IES, Executive Engineer
Exp
South Delhi , Delhi

Specialization

  • International Laws
  • Commercial
  • Government Contracts
  • Arbitration and Mediation
  • Contracts and Agreements
Kunwar Chandresh helps client in Contract Management, Dispute Avoidance, Negotiation, Claim Preparation & Documentation for Arbitration and litigation in Courts of Delhi including NCLT and Commercial courts. He also appears before various courts mostly for civil matters. He is a member MCIArb (UK). View Full Profile
Total Answers Given : 1
HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • International 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

  • International Laws
  • Criminal
  • Advertising
  • Animal Laws
  • Debt and Lending Agreement
Anilesh  Tewari

Anilesh Tewari

Advocate, Founder AT Law Chamber
Exp
Lucknow , Uttar Pradesh

Specialization

  • International Laws
  • 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
Namitabh  Kothari

Namitabh Kothari

Advocate
Exp
Mumbai suburban , Maharashtra

Specialization

  • International 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
PARDEEP KUMAR DHINGRA

PARDEEP KUMAR DHINGRA

PARTNER WITH LAW FIRM
Exp
South Delhi , Delhi

Specialization

  • International Laws
  • Arbitration and Mediation
  • Bankruptcy and Debt
  • Contracts and Agreements
  • Trust And Society (NGO)
16 years of Experience in fields of International & Domestic Arbitrations, Corporate & Commercial Litigation, Acquisition, Merger/Demerger, Regular Litigation in Property, Real Estate, Trade Mark, Copy Right, Recovery, Civil disputes, Contracts, Writ, LPA, SLP, FDI, ODI, NCLT (IBC, Insolvency)etc. View Full Profile
Total Answers Given : 2
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  • What is International Law or Law of Nations?
  • What is the Constitutional Recognition of International Law?
  • What are the Examples of International Law?

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

About the International Laws


As per Black’s Law Dictionary, International Law refers to laws governing and determining the rights of independent nations during war or peace times. As per Oppenheim, “Law of Nations or international law is the name for the body of customary and conventional rules which are considered legally binding by civilized States in their intercourse with each other.”

The case of Queen v. Keyn observed that the “law of nations is the collection of usages which civilized State have agreed to observe in their dealings with one another.”

Constitutional Recognition of International Laws


Article 246 along with Entry 14 List I of the Constitution of India makes it very clear that the power of legislating upon international treaties rests solely with the Union Government. Article 253 of the Indian Constitution says the following-

Legislation for giving effect to international agreements notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body.

Constitutional Recognition of International Laws


Law of the Sea is an example of international law. The mammoth policy provider in this domain is U.N. Conference held in Geneva in the year 1958 as well as the one held in 1960 in the same place. These conferences provided for different conventions like –

  • Convention on the Territorial Sea and Contiguous Zone,
  • Convention on the High Seas,
  • Convention on Fishing, and
  • Convention on the Continental Shelf. As per United Nations guidelines, 12 nautical miles from the baseline of a coastal is regarded as the sovereign territory of that State.

Some important facts and cases about and under International law


Supreme Court in the case of Vishaka v. State of Rajasthan (w.r.t sexual harassment at workplaces) observed that-

In the absence of domestic law occupying a field, to formulate effective measures to check the evil of sexual harassment of working women at all work places, the contents of International Conventions and norms are significant for the purpose of interpretation of the guarantees provided by the Constitution. It was observed that any international convention not inconsistent with the fundamental rights and in harmony with its spirit must be read into these provisions to enlarge the meaning and content thereof, to promote the various constitutional guarantees and safeguards.

Many times the principles of international treaties and conferences are exercised through local enactments and legislations. For example, to uphold the principles of Convention on Cybercrime (Budapest Convention on Cybercrime/Budapest Convention), India enacted the Information Technology Act of 2000.

Supreme Court in the case of ‘A.P. Pollution Control Board v. Prof. M.V. Nayadu’ recognised the international customary rule of ‘precautionary principle’.

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