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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 Landlord and Tenant Lawyers in India

Shreyash  Mohta

Shreyash Mohta

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Landlord and Tenant
  • Divorce
  • Domestic Violence
  • Family
  • Muslim Laws
Hi, this is Shreyash Mohta I have graduated from University of Calcutta and I am a practicing Advocate. I deal mostly with criminal & quasi criminal cases with exp of 1-1.5yrs. My prime area of expertise is in matters related to Family Disputes, Divorce, Domestic Violence, etc. View Full Profile
Total Answers Given : 1696
Law Juris Solicitors & Consultants

Law Juris Solicitors & Consultants

Managing Partner
Exp
South Delhi , Delhi

Specialization

  • Landlord and Tenant
  • Commercial
  • Debt And Lending Agreement
  • International Laws
  • 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 : 19
anil reddy  s

anil reddy s

Proprietor
Exp
Bangalore , Karnataka

Specialization

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

Debasis Mitra

BA.LLB
Exp
Kolkata , West Bengal

Specialization

  • Landlord and Tenant
  • Civil
  • Arbitration And Mediation
  • Power Of Attorney
Debasis Mitra & Associates is one of the most renowned and has experience in the legal domain representing various clients from different court ,forums & Tribunal. We have an extensive network of Lawyers and Counsels for support of our clients throughout India. View Full Profile
Total Answers Given : 1
Nidhi  Mathur

Nidhi Mathur

Managing Partner
Exp
New Delhi , Delhi

Specialization

  • Landlord and Tenant
  • Consumer Protection
  • Civil
  • Employment and Labour
  • Sexual Harassment at Workplace
20 years' experience in Legal & HR fields. Practicing in Supreme Court & Delhi High Court.Practice area include, Litigation,Civil Law, Family Law,Commercial Laws,Sexual Harassment Law, Labour Law, Real Estate, Consumer Law, Cheque bouncing,Contract drafting, NGO, Company Law matters, IPR, Insolvency View Full Profile
Adrian  Phillips

Adrian Phillips

Partner
Exp
Mumbai City , Maharashtra

Specialization

  • Landlord and Tenant
  • Real Estate
  • Property
  • Human Rights
  • Sexual Harassment At Workplace
An Advocate for 19 years. Worked in the Areas of Criminal and Civil Law as well as in Advocacy. Been on National Drafting Committees and have appeared in the Supreme Court and High Courts in 9 States. Still continue to appear in trial courts across the country. No case is too small or too big. View Full Profile
HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Landlord and Tenant
  • 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
RAJENDRAPRASAD PV PV

RAJENDRAPRASAD PV PV

ADVOCATE
Exp
Hyderabad , Telangana

Specialization

  • Landlord and Tenant
  • Civil
  • Debt Collection
  • Equipment Finance And Leasing
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

  • Landlord and Tenant
  • 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
S.S  Gosavi

S.S Gosavi

Advocate
Exp
Mumbai City , Maharashtra

Specialization

  • Landlord and Tenant
  • Administrative Law
  • Consumer Protection
  • Partnership
  • Police Laws
I do provide legal services in the area of criminal,constitutional,civil,service and consumer laws by practicing in and before the Bombay High Court ,state commission ,MAT and various judicial and qusi-judicial authorities throughout and out of the Maharashtra for last 4 Years. View Full Profile
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  • What is Landlord & Tenant Laws?
  • What is the need for Landlord & Tenant Laws?
  • What is Tenancy Agreements?
  • What are the types of Tenancy Agreements?
  • How is Landlord & Tenant Laws 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 Landlord & Tenant Laws related queries and also guide you on how to resolve this matter with ease.

About the Landlord & Tenant Laws


The term landlord refers to a person who owns property and allows another person to use it for a fee. The person using the property is called a tenant. The agreement between a landlord and a tenant is called a lease or rental agreement. The landlord and tenant relationship has its roots in Feudalism, a system of land use and ownership that flourished in Europe between the tenth and thirteenth centuries. Under feudalism land was owned and controlled by a military or political sovereign ruler. This ruler gave portions of land he or she owned to another person, called a lord. The lord, in turn, could allow another person, called a vassal, to use smaller portions of the lord's land. The vassal pledged allegiance and military or other service to the lord in exchange for the right to live and work on the land.

Regularizing and Legal Recognition of Landlord & Tenant Laws


The tenancy agreements are of 2 major kinds of tenancy agreements, the lease agreements that are governed as per the Rent Control Laws and the license agreement which aren’t.

There are several applicable laws to this topic with special importance for local laws. Some of the applicable laws include Maharashtra Rent Act 1999, Delhi Rent Act 1995, Tamil Nadu Buildings (Lease and Rental Control) Act 1960, Transfer of Property Act, Planning and Development (Housing) and Residential Tenancies Act 2016, Landlord and Tenant Acts, etc. A typical tenancy agreement does not include subleasing.

Both tenants and the landlord enjoy certain rights. The landlord has the right of temporary recovery of possession, to increase the rent, to evict a tenant, to be advised of necessary repairs and so on. The rights of tenants are primarily spoken of in the Residential Tenancies Act, and the Landlord and Tenant Acts 1967 to 1994.

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