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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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Lawkhart  Legal

Lawkhart Legal

Founder Advocate of Mehrotra & Associates
Exp
Mumbai City , Maharashtra

Specialization

  • Media, Communication, Entertainment
  • Cheque Bounce
  • Divorce
  • Domestic Violence
  • Will
I have been providing legal advice and services in various fields of law including Criminal law, Divorce law, Property Law, Default or Fraud Law. We specialize in providing quality and honest legal services at a reasonable rate, so that justice can become affordable. View Full Profile
Total Answers Given : 1
HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Media, Communication, Entertainment
  • 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
ROHIT  DALMIA

ROHIT DALMIA

ADVOCATE
Exp
Mumbai suburban , Maharashtra

Specialization

  • Media, Communication, Entertainment
  • Debt Collection
  • Arbitration And Mediation
  • Bankruptcy And Debt
  • Contracts And Agreements
An Enthused Advocate who looks for challenging cases and assignments. Have Presence at major cities of India through Associate offices. View Full Profile
ANANT  SHARMA

ANANT SHARMA

Advocate & Managing Partner
Exp
New Delhi , Delhi

Specialization

  • Media, Communication, Entertainment
  • Criminal
  • Customs, Excise
  • IT Contracts
  • Partnership
Having more than 8+ years of experience in the legal field in hard core Litigation and Court practice with the track record of 100% success in my work. Legal Advice Given: 1,500+, Cases Fought: 350+, Court Appearances: 1,000+ I am focused only on one thing "Winning the Case". View Full Profile
A.G.SYAM  KUMAR

A.G.SYAM KUMAR

Advocate
Exp
Thiruvananthapuram , Kerala

Specialization

  • Media, Communication, Entertainment
  • Advertising
  • Maternity
  • Sale
  • Software License
niranjan  C

niranjan C

LAWYER
Exp
Bangalore , Karnataka

Specialization

  • Media, Communication, Entertainment
  • Banking
  • Cheque Bounce
  • Civil
  • Criminal
Total Answers Given : 58
Advocate Manish  Kumar

Advocate Manish Kumar

Advocate
Exp
South Delhi , Delhi

Specialization

  • Media, Communication, Entertainment
  • Civil
  • Customs, Excise
  • Cyber, Internet, Information Technology
  • Debt Collection
Advocate Manish Kumar has been practicing judiciously and serving the legal fraternity in Delhi High Court for more than 11 years. I am professionally dealing with cases in the field of law pertaining to civil, Criminal, company matter, contract law, property matter Arbitration Family litigation in View Full Profile
Total Answers Given : 2
Karnish  Gupta

Karnish Gupta

PARTNER
Exp
Ludhiana , Punjab

Specialization

  • Media, Communication, Entertainment
  • Criminal
  • Administrative Law
  • Adoption
  • Animal Laws
I AM DRIVEN BY MY DESIRE FOR SUCCESS AND THAT I WORK IN HAND WITH THE CLIENT AS THE CLIENT IS ALWAYS IN TRACK WITH THE CASE I AM A WORKAHOLIC BY NATURE AND STOP AT NOTHING View Full Profile
Sunil  Jain

Sunil Jain

Lawyer
Exp
Ghaziabad , Uttar Pradesh

Specialization

  • Media, Communication, Entertainment
  • 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
SUBRATHA  RAY

SUBRATHA RAY

Legal Counsel , Lawyer
Exp
Delhi , Delhi

Specialization

  • Media, Communication, Entertainment
  • Criminal
  • Sexual Harassment at Workplace
  • Divorce
  • Banking
Practicing Lawyer & mastering the law skills in the field of Criminal & Civil Laws. Appointed for Pro Bono Legal Services by Ministry Of Law & Justice, (Department of Justice). Expertise in Bail's & Anticipatory Bails, Civil Cases, Divorce , Patent & Trademark &Copyrights Law, Legal Draftings. View Full Profile
Total Answers Given : 13
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  • What is Media Laws?
  • What is the need for Media Laws?
  • How is Media Laws legally recognized in India?

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

About the Media Laws


The different frameworks of Mass Media of this world are distinct as they are shaped by factors such as the polity, religion, culture, economy etc. Communist & societies following totalitarianism like the former USSR and China practised a very strict regulation and limitation on the extent of Media’s freedom, whereas, States like the USA followed a very liberal and non-restrictive attitude towards the Media.

Regularizing and Legal Recognition of Media Laws


There are several laws which are applicable in the topic of Media Laws. Some of them are:

  • Press Council Act 1978 – to uphold and improve the conditions of newspaper and news agencies in India, a body by the name of Press Council was established as per this Act.
  • Delivery of Books and Newspaper (Public Libraries) Act 1954 – publishers of newspapers and books were required to deliver free of charge a copy of every book to the National Library at Calcutta and one copy each to three other libraries specified by the Central Government.
  • The Newspaper (Prices and Pages) Act 1956- which was held incorrect by the case of Sakal Papers v. Union of India
  • Laws related to Intellectual Property
  • Code of Conduct of the News Broadcaster Association
  • Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act 1981 – this legislation provided protection to the employees in the industry by the imposition of certain obligations on motion picture producers and theatre owners.

Some facts about Media Laws


Mass Media laws in India can be traced back to the time of British Rule. In 1799, Lord Wellesley enacted the Press Regulations as per which pre-censorship of the publishing industry came into effect.

In 1878, the ‘Vernacular Press Act 1878’ was passed as per which the government had the authority of clamping down on publications deemed seditious.

Freedom of Speech is one of the fundamental rights under the constitution and curbing this right without a reasonable restriction is a violation of constitutional principles.

In the case of ‘Sakal Papers v. Union of India’ a govt. order restraining the number of pages for a newspaper as held to be unconstitutional.

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