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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 Maternity Lawyers in India

Neeraj  Kumar

Neeraj Kumar

Advocate
Exp
Patna , Bihar

Specialization

  • Maternity
  • 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
anil reddy  s

anil reddy s

Proprietor
Exp
Bangalore , Karnataka

Specialization

  • Maternity
  • Property
  • Advertising
  • Debt And Lending Agreement
  • Environment And Natural Resources
Total Answers Given : 14
HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Maternity
  • 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
Braj  Nandan

Braj Nandan

Advocate
Exp
Lucknow , Uttar Pradesh

Specialization

  • Maternity
  • Divorce
  • Domestic Violence
  • Family
  • Consumer Protection
I am specialist in family matter and consumer case. Hence, What I think, What I want, I achieved any how... View Full Profile
Total Answers Given : 2
Aditya  Shrivastava

Aditya Shrivastava

Advocate
Exp
Raipur , Chhattisgarh

Specialization

  • Maternity
  • Civil
  • Debt Collection
  • Outsourcing Agreement/Laws
  • Partnership
Hey everyone, I am from Raipur, Chhattigarh, my born and brought up is Raipur only, I have done B.B.A-LL.B (Hons.) [honors in corporate law] from MATS Law School, MATS University. View Full Profile
Total Answers Given : 1
Vinay  Pratap Singh

Vinay Pratap Singh

ADVOCATE
Exp
Bhopal , Madhya Pradesh

Specialization

  • Maternity
  • Civil
  • Advertising
  • Animal Laws
  • Aviation
A.G.SYAM  KUMAR

A.G.SYAM KUMAR

Advocate
Exp
Thiruvananthapuram , Kerala

Specialization

  • Maternity
  • Advertising
  • Sale
  • Software License
  • Torts
RANPAL  AWANA

RANPAL AWANA

Advocate
Exp
Gautam Buddha Nagar , Uttar Pradesh

Specialization

  • Maternity
  • Cheque Bounce
  • Civil
  • Consumer Protection
  • Criminal
Total Answers Given : 1
Ashish K Dongre

Ashish K Dongre

Advocate
Exp
Thane , Maharashtra

Specialization

  • Maternity
  • Criminal
  • Divorce
  • Civil
  • Cheque Bounce
12 Years of qualitative experience in legal field, Represent clients in criminal and civil litigation and other legal proceedings, draw up legal documents, ,manage or advise clients on legal transactions, Specialization in Family law, divorce proceeding ,Property Matters etc.. View Full Profile
Total Answers Given : 347
Pooja  Sathe

Pooja Sathe

Lawyer
Exp
Pune , Maharashtra

Specialization

  • Maternity
  • 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
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  • What is Maternity Laws?
  • What is the need for Maternity Laws?
  • How is Maternity Laws legally recognized in India?
  • What are the benefits of Maternity Laws?

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

About the Maternity Laws


India now qualifies among the 16 countries having the longest paid leave for new mothers, ensuring a smooth transition when they finally return to work. The primary statute under this statute is “The Maternity Benefit Act it was declared a valid law since March 27, 2017 when the President gave his assent to this bill.

Regularizing and Legal Recognition of Maternity Laws


Maternity Benefit (Amendment) Act, 2017: Some of the major highlights of this Act are:

  • Creche facility – New Act makes crèche facility a compulsory feature for every organisation involving 50 or more employees, with women employees being allowed to visit it 4 times during a day.
  • Option of working from home – there is now a provision for women which allows them to work from home after the period of ’26 weeks’ leave period ends.
  • Increased Paid Maternity Leave- As per the new provisions, period of the paid maternity leave has been increased to 26 weeks.
  • Provision for adoptive & commissioning mother – provides for 12 weeks of maternity leave for women from the date of adoption.
  • It also makes spreading of awareness about the maternity benefits available a compulsory activity.

Some facts about Maternity Laws


Khaitan Law Firm’s comment on the new Act:

Various aspects of the MB Amendment Act need further clarity, for example, period up to which the crèche facility could be extended to the concerned woman as well as the aspect of availability, frequency and extent of nursing breaks. It is also unclear whether increased maternity benefits will apply to women who are presently undergoing maternity leave. Employers may have to wait until the rules are issued clarifying the position on the arrangements which could be made with third party service providers for crèche facilities with specific requirements in terms of distance from workplace, dimensions and other related aspects.

Moreover, the rationale for having separate effective date for implementing "work from home" option is also unclear, given the fact that work from home is an enabling provision to encourage the employers to provide such option to a woman depending upon nature of work being handled by her and not a statutory requirement under the MB Amendment Act. We expect the Ministry of Labour to shortly come out with rules clarifying these aspects.

The MB Amendment Act has come into force from 1 April 2017. All establishments covered under the MB Amendment Act would be required to amend their existing maternity benefit policies in accordance with the MB Amendment Act with effect from 1 April 2017.

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