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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 Motor Accident Lawyers in India

Rajeev  Srivastava

Rajeev Srivastava

Senior Advocate
Exp
Ghaziabad , Uttar Pradesh

Specialization

  • Motor Accident
  • Criminal
  • Divorce
  • Cheque Bounce
  • Consumer Protection
Practising since 1984. I am having good experience in handling the cases related with Divorce, Domestic violence, Maintenance, Criminal, Accident claims, Workmen's compensation claims . Real estate disputes, Insurance cases, and consumer cases including RERA View Full Profile
Total Answers Given : 13
Anil  Kumar

Anil Kumar

Advocate
Exp
Bangalore , Karnataka

Specialization

  • Motor Accident
  • Civil
  • Criminal
  • Divorce
  • Will
PRACTICE AREAS 6 years Experience.Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Civil, Criminal, Divorce, Documentation, Domestic Violence, Family, Property,Language(s) Spoken: English, Hindi, Kannada,Telugu, Tamil. View Full Profile
Khansaeed  Pathan

Khansaeed Pathan

9
Exp
Beed , Maharashtra

Specialization

  • Motor Accident
  • Criminal
  • Civil
  • Cheque Bounce
  • Child Custody
A confident, enthusiastic and self motivated professional with 9 years of qualitative experience in legal field; expert in handling civil & criminal litigations and consumer cases; View Full Profile
Total Answers Given : 13
PRABHU N  SAVANUR

PRABHU N SAVANUR

ATTORNEY
Exp
Dharwad , Karnataka

Specialization

  • Motor Accident
  • Arbitration And Mediation
  • Sexual Harassment At Workplace
  • Power Of Attorney
  • Will
Completed my Law degree in August 2018, University Topper, Gold Medalist, Practicing at High Court of Karnataka, Designated as Ambassador of International Council of Jurists, London & serving various Insurance Companies dealing with Motor Vehicle Insurance Cases. View Full Profile
Total Answers Given : 1
Abhijit  Banerjee

Abhijit Banerjee

Lawyer
Exp
South Delhi , Delhi

Specialization

  • Motor Accident
  • 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
PRASHANT KUMAR  KUSHWAHA

PRASHANT KUMAR KUSHWAHA

Practicing in Civil Court
Exp
Ranchi , Jharkhand

Specialization

  • Motor Accident
  • Civil
  • Criminal
  • Cheque Bounce
  • Contracts and Agreements
Sahej  Uban

Sahej Uban

Lawyer
Exp
South Delhi , Delhi

Specialization

  • Motor Accident
  • Criminal
  • Family
  • Civil
  • Consumer Protection
Sahej Uban & Associates (A Law Firm) is a result oriented firm and works all day long to furnish best legal services for their clients. View Full Profile
GIRRAJ  PRASAD

GIRRAJ PRASAD

Legal Adviser and Advocate
Exp
Jaipur , Rajasthan

Specialization

  • Motor Accident
  • Divorce
  • Cheque Bounce
  • Consumer Protection
  • Criminal
I am practing advocate since 2013. I am dealing all types of cases such as civil, criminal, settlement, liasoning with authority etc. It is paid service platform where client has to bear nominal amount. So, you shall consider monetary value for service and be ready for payment in given account. View Full Profile
RANPAL  AWANA

RANPAL AWANA

Advocate
Exp
Gautam Buddha Nagar , Uttar Pradesh

Specialization

  • Motor Accident
  • Cheque Bounce
  • Civil
  • Consumer Protection
  • Criminal
Total Answers Given : 1
Adv. Jamal Sait

Adv. Jamal Sait

Advocate
Exp
Bangalore , Karnataka

Specialization

  • Motor Accident
  • Cheque Bounce
  • Civil
  • Criminal
  • Bankruptcy and Debt
I am an Advocate practicing primarily before Hon'ble High Court of Karnataka and courts sub-ordinate to it. My specialization is in both criminal, famil and civil law. I have independently argued various nature of cases ranging from Bail Petitions, Suit for Declaration and Injunction etc View Full Profile
Total Answers Given : 10
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  • What is Motor Accident Laws?
  • What is the need for Motor Accident Laws?
  • How is Motor Accident 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 Motor Accident Laws related queries and also guide you on how to resolve this matter with ease.

About the Motor Accident Laws


Due to a congestion of cars coupled with neglectful negligence has led to a rise in road accidents. Road accidents are caused due to multiple factors like faulty vehicle, faulty roads, the road user, and so on.

Regularizing and Legal Recognition of Motor Accident Laws


The major legislation in this topic is The Motor Vehicles Act 1988.

As per the 7th Schedule of the Indian Constitution, India has a list system according to which the jurisdiction of legislating on certain matters is enumerated. As per Entry 23 of List A to the Seventh Schedule, the subject of motor vehicles is regulated by the Central Government.

There is a Union Ministry of Road Transport & Highways. The transport wing of this ministry regulates issues related to road transport which is inclusive of motor vehicle legislation.

Some of the laws that are related to the topic are:

  • The Carriage by Road Act 2007
  • The Motor Vehicles Act 1988
  • The National Highways Act 1956
  • The National Highways Authority of India Act 1988
  • The Control of National Highways (Land and Traffic) Act 2002
  • The Multimodal Transportation of Goods Act 1993
  • The Fatal Accidents Act 1855
  • Indian Penal Code 1860

Some important facts and cases about and under Motor Accident Laws


The Motor Vehicles Act is applicable to the whole of India. It talks about matters related to the maximum time for which a motor vehicle might be used. Section 59 of the Act gives the power to fix the age limit of a motor vehicle. Central government has the power to make rules as per Section 110, and Section 111 confers the power on State Governments to make certain rules.

The speed limit is dealt with under Section 112 of the Act. Various types of offences re recognised as per the Act, to list a few are Sections3-6, 23, 36, 112, 129, 185, 189, and so on. Section 129 is with respect to the usage of protective head gear. Section 185 is with respect to a drunken person driving or a person under the influence of drugs in charge of a vehicle.

Due sensitization of the automobile engineers and those connected with sale, servicing and maintenance of vehicles to the provisions of the Motor Vehicles Act 1988 is a functional necessity. Section 304A of the Indian Penal Code confers criminal liability for the rash and negligent acts of a driver. A man who is driving or riding holds a definitive obligation to control his vehicle. Such a man is prima facie blameworthy of negligence if his vehicle dashes into something or somebody unless he has motivation to clarify that he made every effort to monitor the vehicle however the mishap was inescapable. This rule was set up in the milestone case of Ratlam v.s Emperor.

On account of Chintaram v.s State of Madhya Pradesh, the deceased was strolling on the widely appealing so the blamed was driving by the left for the street endeavouring to keep a separation from her. At the point when the accused reached near the perished she suddenly took a left turn and got struck by the cruiser. For this situation, the accused was not careless. The whimsical choice of the casualty did not give any sensible time to the motorcyclist to maintain a strategic distance from her so he was acquitted.

Some other provisions of the Indian Penal Code which deal with the subject of Motor Accident Laws are Section 279, 336 to 338, 427, etc.

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