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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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HARISH KAUSHIK

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  • What is Police Law?
  • What is Police Law?
  • Where to Complain?

We have a police force to provide citizens with a sense of safety and security. The police are there to maintain peace and order in society as well as prevent and detect crime. They are there as the law enforcers – to make sure that everyone, including the police force itself, follows the law at every step.

What Is Police Law?


Police Laws are the Laws dealing with regulation and code of Conduct of Law Enforcement Officials. Many of these Laws deal with Issues such as the use of excessive force by police Officers, Police Misconduct, giving suspects their Miranda rights, Corruption, Interrogation Practices and Police Brutality.

Why Police Law?


The Police Act of 1861 governs the police force. Laws like The Code of Criminal Procedure also regulate the functioning of Police.

The police for certain types of offences does not have the power to make arrests without a due warrant. As per the guidelines currently in effect, police cannot arrest a woman after sunset and before sunrise even in the presence of a woman constable. In cases where a woman has committed a serious crime, police need to get in writing from the magistrate the explanation as to why such an arrest made after sunset & before sunrise is necessary(arrest made under unavoidable circumstances are exempted). Also, Police cannot compel a woman to come to the police station for purposes of interrogation under Section 160 of the Criminal Procedure Code if the police has the option of carrying out the concerned interrogation at place of her residence, such interrogation should take place in the presence of a woman constable and a relative/ friend.

Why is Police Law Useful?


The Police Act basically talks about what the police can and cannot do; how the police forces will be organised; what ranks there will be; who will supervise the force; who will make appointments; what punishment and disciplinary actions the police will face for doing wrong. It also lays down rules for the public to follow.

A police officer is always on duty. The 1861 Police Act makes it clear that a police officer is "considered to be always on duty". But that does not mean that he is never allowed to rest. It just means that wherever he is, in or out of uniform, he must act to uphold the law. He cannot say "I am not on duty" if he witnesses a crime taking place or hears a call for help.

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