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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 Landlord and Tenant Lawyers in India

SV  Geetha Rani

SV Geetha Rani

Advocate
Exp
Chennai , Tamil Nadu

Specialization

  • Landlord and Tenant
  • Divorce
  • Contracts And Agreements
  • IT Contracts
Practicing at High Court Chennai and also all districts of TN. All kinds of Civil , criminal , family , Domestic Violence ,Consumer , Accident claims , cheque cases , company law cases handled . AlsoProperty opinions , documentation , registrations, dispute solvingetc. View Full Profile
Surajit  Chakraborty

Surajit Chakraborty

Practising advocate
Exp
Kolkata , West Bengal

Specialization

  • Landlord and Tenant
  • Property
  • Contracts And Agreements
  • Partnership
  • Power Of Attorney
I'm a partner of a law firm having office opp. High Court. My res-cum-chamber is at Salt Lake, Sector- III. Have put in practice of more than 2 decades. I'm a panel lawyer of Navaratna companies,institutional clients etc. I specialise in divorce, property matters incl registration, corporate matters View Full Profile
Pravinkumar Shivaji Patil

Pravinkumar Shivaji Patil

Advocate
Exp
Sangli , Maharashtra

Specialization

  • Landlord and Tenant
  • Debt and Lending Agreement
  • Maternity
  • Power of Attorney
  • Sale
Romesh Pratap  Singh

Romesh Pratap Singh

Lawyer
Exp
Gwalior , Madhya Pradesh

Specialization

  • Landlord and Tenant
  • Criminal
  • Admiralty And Maritime
  • Administrative Law
  • Arbitration And Mediation
Lawyer for High Court deal the criminal , civil , service and writ matter and also deal matter in District and Session Court and Family Court View Full Profile
Ashish  Mittal

Ashish Mittal

Advocate
Exp
Jodhpur , Rajasthan

Specialization

  • Landlord and Tenant
  • Police Laws
  • Corporate And Incorporation
  • Debt And Lending Agreement
  • Trust And Society (NGO)
Advocate Ashish Mittal is a qualified legal professional. He is an expert in Civil, Right to Information, Tax and practicing since 2017. He has argued in the cases related to His area of expertise. He deals with the matter related to His area of expertise before District Court, High Court . He i View Full Profile
Asheesh  Poddar

Asheesh Poddar

Advocate
Exp
Jabalpur , Madhya Pradesh

Specialization

  • Landlord and Tenant
  • Criminal
  • Animal Laws
  • Debt and Lending Agreement
  • Election Campaign and Political Laws
Arjun  Bhajan

Arjun Bhajan

Associate Attorney
Exp
Kolkata , West Bengal

Specialization

  • Landlord and Tenant
  • International Laws
  • Corporate And Incorporation
  • Contracts And Agreements
  • Debt And Lending Agreement
Have worked with Legal MNC's and with Real Estate Companies. Presently practicing in Calcutta High Court, primarily Civil Laws. View Full Profile
Maruthi  Reddy G.A

Maruthi Reddy G.A

Advocate
Exp
Bangalore , Karnataka

Specialization

  • Landlord and Tenant
  • Civil
  • Police Laws
  • Power Of Attorney
Clients can except fast, effective and work satisfaction from my side View Full Profile
Mithunkumar  S

Mithunkumar S

Practicing Advocate
Exp
Chennai , Tamil Nadu

Specialization

  • Landlord and Tenant
  • Consumer Protection
  • Contracts And Agreements
  • Employment And Labour
  • Sale
I am practicing advocate at Madras High Court and deal with all kinds of civil, criminal, consumer, family, and intellectual property related​ matters. I also draft various deeds such as sale, gift, will aand other legal documents, notuce and complaint. View Full Profile
Saroj Kumar Padhy

Saroj Kumar Padhy

Advocate & Legal Consultants.
Exp
Cuttack , Orissa

Specialization

  • Landlord and Tenant
  • Advertising
  • Animal Laws
  • Debt And Lending Agreement
  • Election Campaign And Political Laws
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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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