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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 Mail Fraud Lawyers in India

Aditya  Shrivastava

Aditya Shrivastava

Advocate
Exp
Raipur , Chhattisgarh

Specialization

  • Mail Fraud
  • 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
Sunil  Jain

Sunil Jain

Lawyer
Exp
Ghaziabad , Uttar Pradesh

Specialization

  • Mail Fraud
  • 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
MANOJ  SINGHAL

MANOJ SINGHAL

Advocate
Exp
Delhi , Delhi

Specialization

  • Mail Fraud
  • Civil
  • Sexual Harassment at Workplace
  • Divorce
  • Child Custody
After having worked in the Industry for over a Decade, I deal in all kinds of Matrimonial matters in the Family Court (Divorce, 125, child custody, DV, Dowry 498A) and in the High Court including Writ Petitions, Revision, Appeals. I also take up matter pertaining to consumer disputes. View Full Profile
Sumit  Arora

Sumit Arora

Criminal Attorney
Exp
Dhanbad , Jharkhand

Specialization

  • Mail Fraud
  • Criminal
  • Child Custody
  • Cyber, Internet, Information Technology
  • Juvenile
Personal and Individual service to all clients. Dedicated to securing for each client the best possible outcome. Specialises all areas in the field of criminal law. Successfully defending clients at the courts. View Full Profile
Total Answers Given : 1
Shishupal Singh  Gurjar

Shishupal Singh Gurjar

An Advocate/ Lawyer
Exp
New Delhi , Delhi

Specialization

  • Mail Fraud
  • Criminal
  • Cyber, Internet, Information Technology
  • Documentation
  • Landlord And Tenant
Om  Swarup

Om Swarup

Advocate
Exp
Bhubaneswar , Orissa

Specialization

  • Mail Fraud
  • Civil
  • Administrative Law
  • Adoption
  • Advertising
Carries vast knowledge started my practice at supreme Court but now practicing at Bhubaneswar View Full Profile
Anand  Bajpai

Anand Bajpai

Lawyer
Exp
New Delhi , Delhi

Specialization

  • Mail Fraud
  • Corporate and Incorporation
  • Bankruptcy And Debt
  • Contracts And Agreements
  • Customs, Excise
A Corporate & Commercial Lawyer, Corporate (IBC & Company Law), Cheque bounce138 NI Act, Legal notices, Civil & Arbitration at DRT, NCDRC, NCLT, NCLAT, HIGH COURT, RBI, PMLA, SFIO, FCRA-MHA, Corporate Affairs(MCA), ROC, Regional Director (RD), Appellate DFS-MOF, MHA and ALL District Court View Full Profile
AFZAL  SYED

AFZAL SYED

Advocate
Exp
Warangal , Telangana

Specialization

  • Mail Fraud
  • Criminal
  • Banking
  • Cheque Bounce
  • Commercial
Practicing since 2014 View Full Profile
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  • What is Mail Fraud Laws?
  • What is the need for Mail Fraud Laws?
  • How is Mail Fraud Laws legally recognized in India?
  • What are the examples of Mail Fraud?

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

About the Mail Fraud Laws


Mail fraud occurs when mail services, or other internet services are used in furtherance of a criminal act to rob someone of their property or ‘honest services’.

In India, there are several legal provisions which are in place to deal with the offences that may happen with the usage of Internet. The principles of Indian Penal Code enjoy universal application to all the cases wherein the provisions can be attracted. For example fraudulent emails can be tried under the purview of Section 420 of the Indian Penal Code.

Regularizing and Legal Recognition of Mail Fraud Laws


India has a special statue called The Information Technology Act 2000 which deals with the issues related to the IT domain. There are several types of provisions which can deal with offences under this Act, some of them are-

  • Chapter IX-Offences-66 – about hacking with computer system
  • Section 43 – which is about destroying, altering, or deleting information in a computer resource which ends up in diminishing its value or utility or affects it injuriously
  • Section 66C – which is about punishment for identity theft. The text says that- Whoever, fraudulently or dishonestly make use of electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh.
  • Section 66D – Punishment for cheating by personation by using computer resource.

The text says that-

Whoever, by means of any communication device or computer resource cheats by personation, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to one lakh rupees.

Some facts about Mail Fraud Laws


The offence of phishing has gained prominence in the recent years. Black’s law dictionary defines Phishing as an act of illegally gaining access to a computer, stealing private information and then utilizing that information for harmful activities. Phishing is usually popular through various email frauds and internet related activities

Some common examples of mail fraud, and other cyber- crime email account hacking, web defacement, introduction of viruses/worm/Trojans/and so on, credit card fraud, etc.

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