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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 Military Lawyers in India

J S  Pawar

J S Pawar

Lawyer
Exp
Mumbai , Maharashtra

Specialization

  • Military Laws
  • Civil
  • Consumer Protection
  • Criminal
  • Adoption
I am an ex Army person practising as Lawyer in Bombay High Court with civil n criminal, consumer, testamentary, rent, property adoption, bail, anticipatory bail, appeals n revision matters View Full Profile
Total Answers Given : 324
Anoop  Awasthi

Anoop Awasthi

ceo
Exp
Pune , Maharashtra

Specialization

  • Military Laws
  • Criminal
  • Domestic Violence
  • Animal Laws
  • Police Laws
I handle Criminal, family, Civil, Employment, labour ,corporate matter and all kind of documentation... View Full Profile
HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Military Laws
  • 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
Kamal  Grover

Kamal Grover

Advocate
Exp
Chandigarh , Chandigarh

Specialization

  • Military Laws
  • Civil
  • Debt and Lending Agreement
  • Landlord and Tenant
  • Power of Attorney
Total Answers Given : 4
Vinay  Pratap Singh

Vinay Pratap Singh

ADVOCATE
Exp
Bhopal , Madhya Pradesh

Specialization

  • Military Laws
  • Civil
  • Advertising
  • Animal Laws
  • Aviation
Arnab  Banerjee

Arnab Banerjee

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Military Laws
  • Criminal
  • Administrative Law
  • Arbitration And Mediation
  • Animal Laws
i am good at research work and documentation work of all kind. View Full Profile
Total Answers Given : 9
Mangesh  Yeole

Mangesh Yeole

Advocate
Exp
Akola , Maharashtra

Specialization

  • Military Laws
  • Banking
  • Cheque Bounce
  • Civil
  • Divorce
Hello, myself Adv Mangesh Yeole. A practicing advocate in Akola with over three years of experience in the field of criminal, family, consumer laws. Also provide services in drafting and registration of land and property verification report. Recovery suits and cheque bounce cases. View Full Profile
Total Answers Given : 7
Advocate Manish  Kumar

Advocate Manish Kumar

Advocate
Exp
South Delhi , Delhi

Specialization

  • Military Laws
  • 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

  • Military Laws
  • 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
Pawan  Sharma

Pawan Sharma

Advocate
Exp
South Delhi , Delhi

Specialization

  • Military Laws
  • Criminal
  • Customs, Excise
Economic Offences, Criminal and Civil matters, and commercial matters is my core competence apart from legal issues of varied nature. View Full Profile
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  • What is Military Laws?
  • What is the need for Military Laws?
  • How is Military 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 Military Laws related queries and also guide you on how to resolve this matter with ease.

About the Military Laws


Indian Military Laws draw their origins from British Military Laws, primarily due to the prolonged British Rule in India. After Independence, a need for revising laws related to the military forces was felt which led to the enactment of The Army Act 1950, The Air Force Act 1950 and the Navy Act 1957.

Regularizing and Legal Recognition of Military Laws


  • The Army Act, 1950
  • The Air Force Act 1950
  • The Navy Act 1957
  • The Armed Forces Tribunal Act 2007
  • Armed Forces (Special Powers) Act – grants special powers to the armed forces w.r.t “disturbed areas”
  • The Disturbed Areas (Special Courts) Act, 1976 – for purposes of declaring an area as ‘disturbed’.

Some important facts and cases about and under Military Laws


Initially there was no provision regarding appeals from the orders of Court Martial. Then in the case of “Lt. Col. Prithi Pal Singh Bedi etc v. Union of India & Others” it was observed that absence of even one Appeal from the order of Courts Martial is a glaring lacuna in the country regarding the rights of the Armed forces personnel, subsequently the Acts were amended however the observations were not fully implemented. Eventually ‘The Armed Forces Tribunal Act, 2007’ was passed as per which there is original as well as appellate jurisdiction.
The “Armed Forces (Special Powers) Act is a very controversial legislation. This statute provides unique powers to Armed forces when they are in operation in disturbed areas. Some powers are:

  • Power to arrest without warrant any person suspected of being engaged in a cognizable offence
  • Army officers enjoying legal immunity over their actions
  • Power to enter a premise and carry on ‘search’ without warrants
  • Power of making usage of any degree of force after giving a warning.

Supreme Court observed that the military litigants cannot appeal against orders of the Armed Forces Tribunal to the High Court under Article 227, and against those orders for which appeal to the Supreme Court lies under Section 31 (1) of the Armed Forces Tribunal Act.
As per the case of ‘Union of India & Ors. V. Manoj Deswal & Ors.’, discharging of personnel on unauthorised leave without show cause notice is allowed.

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