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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 Work Permits Lawyers in India

anil reddy  s

anil reddy s

Proprietor
Exp
Bangalore , Karnataka

Specialization

  • Work Permits
  • Property
  • Advertising
  • Debt And Lending Agreement
  • Environment And Natural Resources
Total Answers Given : 14
Aditya  Shrivastava

Aditya Shrivastava

Advocate
Exp
Raipur , Chhattisgarh

Specialization

  • Work Permits
  • Civil
  • Debt Collection
  • Maternity
  • Outsourcing Agreement/Laws
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
gunjan  shah

gunjan shah

Advocate
Exp
North 24 Parganas , West Bengal

Specialization

  • Work Permits
  • Divorce
  • Arbitration And Mediation
  • Debt And Lending Agreement
  • Debt Collection
Practicing as an advocate/private attorney at the Hon’ble High Court, Calcutta, District Courts, Tribunals such as Land Administrative Tribunals, Central and State Administrative Tribunals and Forums including The Consumer Forums and dealing in Arbitration matters as representing counsel. View Full Profile
Vinay  Pratap Singh

Vinay Pratap Singh

ADVOCATE
Exp
Bhopal , Madhya Pradesh

Specialization

  • Work Permits
  • Civil
  • Advertising
  • Animal Laws
  • Aviation
Abhijit  Banerjee

Abhijit Banerjee

Lawyer
Exp
South Delhi , Delhi

Specialization

  • Work Permits
  • Arbitration and Mediation
  • Cheque Bounce
  • Civil
  • Commercial
19 years of experience in Litigation in Supreme Court, various High Courts, NCDRC, Trial Courts, Forums and Regulatory Authorities. Have successfully handled numerous Matrimonial Disputes, Civil Cases & Criminal Cases. View Full Profile
Ashish K Dongre

Ashish K Dongre

Advocate
Exp
Thane , Maharashtra

Specialization

  • Work Permits
  • 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
Swapnil S Bhalerao

Swapnil S Bhalerao

Advocate
Exp
Pune , Maharashtra

Specialization

  • Work Permits
  • Civil
  • Arbitration And Mediation
  • Administrative Law
  • Contracts And Agreements
Highly logical, experienced, solution oriented and client comfort focused while delivering deserved justice. View Full Profile
Total Answers Given : 58
Jaswan Singh  Katariya

Jaswan Singh Katariya

Advocate
Exp
Gurgaon , Haryana

Specialization

  • Work Permits
  • Civil
  • Contracts And Agreements
  • Documentation
  • Debt Collection
Advocate Jaswant Singh Katariya (MBA, BBA, LL.B) is a Gurugram based lawyer practising law since 2017, holding extensive experience in working in the most complex areas of Civil Cases, Consumer Protection, Cheque Bounce, Property Real Estate Law, Family Matters, GST Registration and Return & RERA. View Full Profile
Sunil  Jain

Sunil Jain

Lawyer
Exp
Ghaziabad , Uttar Pradesh

Specialization

  • Work Permits
  • Criminal
  • Bankruptcy And Debt
  • Contracts And Agreements
  • Customs, Excise
I am a criminal lawyer by profession based in Ghaziabad with appearance before all Courts and Tribunals in Delhi / NCR including Allahabad High Court and adjoining Districts of Western Uttar Pradesh like Meerut Moradabad Bulandshahr Muzzafarnagar Hapur Noida. View Full Profile
Deepak Yashwantrao Bade

Deepak Yashwantrao Bade

Lawyer and legal associate
Exp
Nagpur , Maharashtra

Specialization

  • Work Permits
  • Criminal
  • Family
  • Civil
  • Torts
Practicing lawyer and legal associate in bombay high court nagpur bench and district court nanded, washim, JMFC CJJD court nagpur,nanded,washim,mangrulpir,manora dist washim. View Full Profile
Total Answers Given : 2220
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  • What is Work Permit Laws?
  • What are the Laws applicable to Work Permit?
  • What is Business Visa?
  • What is Employment Visa?

What is Work Permit Laws?


Non-nationals of India require the appropriate form of permission from the Indian government to carry on their work. These permissions are regulated by the Work Permit Laws. There are two major visas for those non-nationals planning on working in India, they are the ‘Business Visa’ & the ‘Employment Visa’.

What are the applicable laws to the Work Permit?


  • Double Taxation Avoidance Agreement
  • 1950 Indo-Nepal Treaty of Peace and Friendship – Work Visa not required for Nepal’s citizens
  • Passport (Entry into India) Act 1950
  • Registration of Foreigners Rules 1992
  • Foreigners Act 1946

What is Business Visa?


Business visa is given strictly to those who make business related trips to India such as making sales or establishing contact on behalf of the company outside India.

To be eligible for Business visa, applicant should satisfy the following conditions:

  • The applicant should be a person of assured financial standing and has expertise in the field of the intended business.
  • The applicant is not visiting India for the business of money lending or petty trading or for a full-time employment in India including payment of salary in India.
  • The applicant will have to comply with all other requirements like payment of tax liabilities etc.
  • The grant of Business Visa is subject to any instructions issued by the Government of India on the basis of reciprocity with other foreign countries from time to time.

What is Employment Visa?


Employment Visa (E) Employment visas are issued to foreigners who are working in India, for an organization registered in India. Employment visas are usually granted for one year, or the term of the contract. It can be extended in India.

Features of Business Visa:


There are certain conditions for fulfilment for the grant of a Business Visa. Some of them are-

  • Foreign national must have valid travelling documents and a re-entry permit if required under the law of the country of nationality of the applicant
  • Foreign national must comply with requirements such as payment of tax liabilities and other things as required by law of the land.
  • Grant of Business Visa is subject to any instructions issued by the Government of India on the basis of reciprocity with other foreign countries from time to time.
  • Foreign nationals coming to India for recruitment of manpower are eligible for Business Visa
  • A Business Visa can be granted for a period up to 5 years or a shorter duration as per requirement. Indian Missions abroad can grant Business Visa with 10 years validity to Nationals of the United States of America, however, it should be issued with the stipulation that each visit shall not exceed 6 months.
  • For Business Visas, not for a period less than 5 years, to get extension, the following should be satisfied-
    • Gross Sales/turnover from business activities isn’t less than Rs. 1 Crore per annum(within 2 years of setting up the business)
    • 1st extension to be granted by the Ministry of Home Affairs, with further extensions (if required) being granted by the State Govt./ Union Territory Administration/ FRROs/ FROs. The period of extension shall not be beyond 5 years from date of issue of Business Visa.
  • Documents required for application for a Business Visa-
    • Valid travel document and a re-entry permit, if required under the law of the country concerned
    • Proof of financial standing and expertise in the field of intended business
    • Documents/papers pertaining to proposed business activity such as the registration of the company under the Companies Act, proof of registration of the firm with the State Industries Department or the Export Promotion Council concerned or any recognised promotional body in the relevant field of industry or trade etc.

Features of Employment Visa


There are certain conditions for fulfilment for the grant of an Employment Visa. Some of them are-

  • The applicant must be a highly skilled and/or qualified professional who is being engaged or appointed by an organization in India on contract or employment basis
  • Employment Visa shall not be granted for jobs for which qualified Indians are available, it shall also not be granted for routine, or clerical jobs
  • Foreign national must comply with legal requirements like payment of tax liabilities.
  • Foreign national having the employment visa must be drawing the a salary in excess of US $ 25,000 per annum with the exception of (a) Ethnic Cooks, (b) Language Teachers/Translators, (c) Staff working for an Embassy
  • Duration of an employment visa may be up to 5 years, multiple employments visa’s for a period of 180 days or less may be issued.
  • Documents required for application of Employment Visa –
    • Valid travel document and a re-entry permit, if required under the law of the country concerned.
    • Proof of the employment of the foreign by a relevant organization
    • Documentary proof of his educational qualifications and professional expertise
  • No change of employer shall be permitted during the currency of the Employment Visa within India except in respect of charge of employment between a registered holding company and its subsidiary and vice-versa or between subsidiaries of a registered holding company.

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