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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 IT Contracts Lawyers in India

Kunwar  Chandresh

Kunwar Chandresh

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

Specialization

  • IT Contracts
  • 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

  • IT Contracts
  • 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
ROHIT  DALMIA

ROHIT DALMIA

ADVOCATE
Exp
Mumbai suburban , Maharashtra

Specialization

  • IT Contracts
  • Debt Collection
  • Arbitration And Mediation
  • Bankruptcy And Debt
  • Contracts And Agreements
An Enthused Advocate who looks for challenging cases and assignments. Have Presence at major cities of India through Associate offices. View Full Profile
ANANT  SHARMA

ANANT SHARMA

Advocate & Managing Partner
Exp
New Delhi , Delhi

Specialization

  • IT Contracts
  • Criminal
  • Customs, Excise
  • Media, Communication, Entertainment
  • Partnership
Having more than 8+ years of experience in the legal field in hard core Litigation and Court practice with the track record of 100% success in my work. Legal Advice Given: 1,500+, Cases Fought: 350+, Court Appearances: 1,000+ I am focused only on one thing "Winning the Case". View Full Profile
A.G.SYAM  KUMAR

A.G.SYAM KUMAR

Advocate
Exp
Thiruvananthapuram , Kerala

Specialization

  • IT Contracts
  • Advertising
  • Maternity
  • Sale
  • Software License
Tejasv  Anand

Tejasv Anand

Advocate
Exp
Delhi , Delhi

Specialization

  • IT Contracts
  • Commercial
  • Arbitration And Mediation
  • Bankruptcy And Debt
  • Contracts And Agreements
I am a lawyer practicing on the commercial, civil, economic crimes, corporate and regulatory field of law in the courts in Delhi, including the District Courts, Hon'ble Delhi High Court and the Hon'ble Supreme Court along with other Tribunals including the NCLT, DRT, APTEL etc. View Full Profile
niranjan  C

niranjan C

LAWYER
Exp
Bangalore , Karnataka

Specialization

  • IT Contracts
  • Banking
  • Cheque Bounce
  • Civil
  • Criminal
Total Answers Given : 58
Pooja  Sathe

Pooja Sathe

Lawyer
Exp
Pune , Maharashtra

Specialization

  • IT Contracts
  • Family
  • Adoption
  • Consumer Protection
  • Cheque Bounce
I have wide experience in Legal opinion relating to Property, litigation & Non-litigation & Corporate Legal field,Civil Matters, Motor Accident Claims Tribunal, Consumer Matters, & Family Matters & cases related to Charity & Right to information Act & matters related to suit properties. View Full Profile
Total Answers Given : 4
Karnish  Gupta

Karnish Gupta

PARTNER
Exp
Ludhiana , Punjab

Specialization

  • IT Contracts
  • 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
Bindu  Dubey

Bindu Dubey

Independent Criminal Lawyer
Exp
Mumbai , Maharashtra

Specialization

  • IT Contracts
  • Criminal
  • Cheque Bounce
  • Divorce
  • Domestic Violence
I am B.Sc, MBA and LLB handling cases in the areas of Criminal, Divorce & Family, Civil, Cheque Bounce, Corporate, etc. I, along with associate team members with average 30 years of experiences handling cases in High Court, Civil & Session Court, Family Court. Know more at: www.advocatebindu.com View Full Profile
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  • What is IT Contracts or E-Contracts?
  • What is the need for IT Contracts?
  • Examples of IT Contracts?
  • What is Electronic Commerce or E-Commerce?
  • How are IT contracts regularized?
  • How is IT Contracts legally recognized in India?

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

About the IT Contracts


Electronic commerce has advanced and numerous issues are evacuated using web-based business which stream as a conventional data. Electronic commerce is a method for the transaction of business electronically and is related with the purchasing and offering of data, items and administrations over mechanized correspondence systems. However, it is a substantially more extensive term incorporating Electronic Data Interchange as well as different types of correspondences, for example, Electronic Mail and Electronic Bulletin Board.

E-Contracts


With the development and relentless development of e– commerce, there is a brisk height in the utilization of e-contracts. Yet, the idea of e-contract is as yet not unclouded, it faces parcel of difficulties. The law of contract in India gives a statutory acknowledgment to the basic contractual run the show. The Indian Contract Act, 1872 does not set out the rights and obligations which the law will authorize yet it manages the restricting standards, subject to which gatherings may make right and obligations for themselves.

Some of the most commonly recognised e-contracts are-

  • Shrink-wrap agreements – mostly observed in instances of software products buying. In such agreements, the opening of the software automatically enforces the terms & conditions on the software. These are accepted at the time of the installation.
  • Click-wrap agreements – these agreements refer to the web based agreements in which the consent is given by way of choosing ‘I Agree’ or ‘Ok’ and so on.
  • Browse-wrap agreements – refers to an agreement made with the intent of binding multiple parties, usually by way of acceptance for certain policies in cases of continuous use.

Regularizing and Legal Recognition of IT Contracts


In India, all the contracts are governed as per the Indian Contract Act 1872, as per which any contract in contravention to the principles mentioned in the Act are incorrect contracts. Section 4 of The Information Technology Act 2000, provided for legal recognition to electronic contracts and records formed thereby.

Electronic contracts are essentially contracts that are regulated by both the Information Technology Act 2000, and the Indian Contract Act 1872. As per the case of ‘Lalman Shukla v. Gauri Datt’, the terms of service, etc. must always be made visible and reasonably communicated to the user, therefore, a mere link to the concerned terms would not be sufficient. Section 85A of the Indian Evidence Act provides for the validity of electronic contracts. Section 10(A) of the Information Technology Act 2008 also provides for the validity of e-contracts, it states the following-

“Where in a contract formation, the communication of proposals, the acceptance of proposals, the revocation of proposals and acceptances, as the case may be, are expressed in electronic form or by means of an electronic record, such contract shall not be deemed to be unenforceable solely on the ground that such electronic form or means was used for that purpose.”

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