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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 Licensing Lawyers in India

Adrian  Phillips

Adrian Phillips

Partner
Exp
Mumbai City , Maharashtra

Specialization

  • Licensing
  • 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

  • Licensing
  • 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
Vivek  Tanwar

Vivek Tanwar

Founder/Director, Law Offices of Kr. Vivek Tanwar Advocate & Associates.
Exp
Gurgaon , Haryana

Specialization

  • Licensing
  • Criminal
  • Arbitration and Mediation
  • Banking
  • Bankruptcy And Debt
Graduated from MDU, Rohtak, in B.A.LLB. (Hons). Started legal practice in 2000. Appointed as the SPECIAL PUBLIC PROSECUTOR by the Govt. of Haryana, having an excellent record in conducting heinous criminal cases. Member of NPAC & ICABA. A qualified professional conducting successful arbitration. View Full Profile
gunjan  shah

gunjan shah

Advocate
Exp
North 24 Parganas , West Bengal

Specialization

  • Licensing
  • 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
Shivaleela  Gujare

Shivaleela Gujare

lawyer
Exp
Pune , Maharashtra

Specialization

  • Licensing
  • Cheque Bounce
  • Banking
  • Adoption
  • Civil
Total Answers Given : 2
Swapnil S Bhalerao

Swapnil S Bhalerao

Advocate
Exp
Pune , Maharashtra

Specialization

  • Licensing
  • 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
Pooja  Sathe

Pooja Sathe

Lawyer
Exp
Pune , Maharashtra

Specialization

  • Licensing
  • 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
Vivek  Arya

Vivek Arya

Advocate
Exp
Gurgaon , Haryana

Specialization

  • Licensing
  • Criminal
  • Cheque Bounce
  • Administrative Law
  • Arbitration And Mediation
I am a practicing advocate registered at Bar Council of Punjab & Haryana. I practice in Family Courts, Labour Courts, NCLTs, Consumer Courts, Tribunals, City Civil & Sessions Courts, Punjab & Haryana High Court. I practice criminal law and also handle matters related to IPC, Domestic Violence. View Full Profile
Total Answers Given : 1
Urfi  Ansari

Urfi Ansari

Lawyer
Exp
Mumbai , Maharashtra

Specialization

  • Licensing
  • Civil
  • Criminal
  • Industrial Laws
  • Muslim Laws
I will guide you through all your legal problem View Full Profile
Sunil  Jain

Sunil Jain

Lawyer
Exp
Ghaziabad , Uttar Pradesh

Specialization

  • Licensing
  • 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
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  • What is Licensing Laws?
  • What is the need for Licensing Laws?
  • How is Licensing Laws legally recognized in India?
  • What are the different types of Licenses?
  • What is Lease and License?

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

About the Licensing Laws


As per Black’s Law Dictionary, License refers to

(i) as per the law of contracts a permission, accorded by a competent authority, conferring the right to do some act which without such authorization would be illegal, or would be a trespass or a tort

(ii) as in real property law an authority to do a particular act or series of acts upon an- other's land without possessing any estate therein,

(iii) as per international law, Permission granted by a belligerent state to its own subjects, or to the subjects of the enemy, to carry on a trade interdicted by war.

Regularizing and Legal Recognition of Licensing Laws


As per Indian Law, the governing act for licenses is the Indian Easement Act 1882 (hereinafter referred to as the Act). According to Section 52 of the Act, license is a permission by one person to the other or a group of people to carry out any activity on the property of the grantor, which without such permission from the grantor would be considered unlawful.

Types of Licenses


There are two major forms of licenses, Bare License and License coupled with a grant.

  • A bare license can be characterized as a personal consent which is allowed with no consideration. A bare license can be renounced whenever. A bare license acts as a resistance to the act of trespass. On the off chance that a man is permitted to enter a property for some specific reason, yet on entering the property accomplishes something unique, it'll be considered as an act of trespass. When one gathering awards another gathering to bear on a few activities on the land without changing the nature of the land, it is a bare license.
  • A license combined with grant or interest implies that the consent is given to bear on activities in the property or premises of the other to earn some benefit and endeavour the interest given in the land. For example, the administration offers license to contractors to enter a forested region to gather timber. A license combined with a grant is assignable, and it additionally can't be renounced whenever. The gatherings must give each other some sensible time before the consent is renounced.

Some facts about Licenses and Lease and License Agreements


As per Indian policies, granting of a license are governed by Section 53 & 54 of the Act. Section 53 deals with the question of who can grant licenses. Section 54 of the Act gives recognition to granting of a licence in both express & implied manner.

A lease and a license are two separate legal ideas that offer distinctive rights and duties. A lease is an understanding between a landlord and a tenant that gives the tenant a selective enthusiasm for a property. A license is authorization from the proprietor to a licensee to do something on the proprietor's property.

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