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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 Partnership Lawyers in India

rushi  Vakil

rushi Vakil

advocate
Exp
Surat , Gujarat

Specialization

  • Partnership
  • Arbitration and Mediation
  • Civil
  • Consumer Protection
  • Real Estate
I am Professionally qualified Advocate/litigator. View Full Profile
vivek  pathak

vivek pathak

ADVOCATE
Exp
New Delhi , Delhi

Specialization

  • Partnership
  • Contracts and Agreements
  • Arbitration and Mediation
  • Debt and Lending Agreement
  • Intellectual Property, Copyright, Patent, Trademar
My ability to determine strategy in the context of clients’ business objectives and experience in understanding aims and expectation is a fundamental factor in achieving regular success. View Full Profile
Dileep  Mishra

Dileep Mishra

Advocate
Exp
Lucknow , Uttar Pradesh

Specialization

  • Partnership
  • Criminal
  • Police Laws
  • Sale
  • Contracts And Agreements
Cases deals with criminal and civil nature.... View Full Profile
Om  Swarup

Om Swarup

Advocate
Exp
Bhubaneswar , Orissa

Specialization

  • Partnership
  • Civil
  • Administrative Law
  • Advertising
  • Animal Laws
Carries vast knowledge started my practice at supreme Court but now practicing at Bhubaneswar View Full Profile
mallappa  nesaragi

mallappa nesaragi

individual
Exp
Belgaum , Karnataka

Specialization

  • Partnership
  • Administrative Law
  • Civil
  • Arbitration And Mediation
  • Corporate And Incorporation
Very simple sincerely appreciate in honestly dynamic in practice View Full Profile
Nehal M Raval

Nehal M Raval

Patent & Trademark Attorney
Exp
Ahmedabad , Gujarat

Specialization

  • Partnership
  • Civil
  • Employment And Labour
Best Lawyer View Full Profile
PARI  Ramaiah

PARI Ramaiah

SENIOR ADVOCATE AND SOLICIT
Exp
Chennai , Tamil Nadu

Specialization

  • Partnership
  • Contracts and Agreements
  • Property
  • Arbitration and Mediation
  • Documentation
I have more than 25 years of standing in Bar specialisation in indian and international contracts-drafting,vetting,negotiations and finalising contracts and property and succession related issues ,writ laws apart from general civil laws and IPR in Indian laws. View Full Profile
Jitendra  Giri

Jitendra Giri

Advocate
Exp
Patna , Bihar

Specialization

  • Partnership
  • Civil
  • Bankruptcy And Debt
  • Animal Laws
  • Arbitration And Mediation
With dedication and sincerity i do every work/legal work.I do practice in Patna high court. I'm fond of listening to Gurubani / songs and of reading books written by word fame writers. View Full Profile
Vijay  Beniwal

Vijay Beniwal

Lawyer
Exp
Jaipur , Rajasthan

Specialization

  • Partnership
  • Criminal
  • Customs, Excise
  • Industrial Laws
  • Maternity
I HAVE EXPERIENCE OF ABOVE 15 YEARs STANDING ADVOCATE AT BAR. I HAVE SPECIALISATION IN CRIMINAL LAW BY VIRTUE OF THE EXPERIENCE AND STANDING A SPECIALISATION FROM ....... UNIVERSITY. View Full Profile
VIKAS  NEGI

VIKAS NEGI

Advocate
Exp
East Delhi , Delhi

Specialization

  • Partnership
  • Civil
  • Criminal
  • Landlord And Tenant
  • Mergers And Acquisition
I am a hardworking Advocate,who work to give relief to his clients. View Full Profile
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  • What is Partnership?
  • Why Partnership?
  • Which Laws Govern Partnership?
  • How to End Partnership?
  • What are the Liabilities of Partners in Partnership?

Prior to 1932, Chapter XI (Sections 239 to 266) of the Indian Contract Act, 1872 contained the law relating to partnership in India. As these provisions were not exhaustive, it was considered expedient and necessary to separate the law relating to partnership and to embody it in a separate enactment. Hence, the Indian Partnership Act, 1932 was brought to the fore.

What Is Partnership?


It is a type of Business where two or more persons pool money, skill and other resources and share the profit of such business as per agreed terms in Partnership Agreement. The liabilities and risks associated in such business is shared as per the Agreement or if there is no agreement then it is shared proportionately.

Advantages of Partnership


  • Easy to establish.
  • Easy to Raise Funds.
  • Wide pool of Knowledge, Skill and Contacts.
  • Improved Management.
  • Sharing of Profit and Loss.
  • Equal Rights in Management.

Laws Governing Partnership


  • A partnership firm is not a distinct legal entity apart from the partners constituting it, i.e. a partnership firm is not a ‘person in law’ but is merely an association of individuals.
  • As per Section 4 of the Act, Partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all.
  • An agreement of partnership need not be express but can be inferred from the course of conduct of the parties to the agreement
  • As per Section 11 of the Act, the mutual rights and duties of the partners of the firm may be determined by contract between the partners, and such contract may be expressed or may be implied by the course of dealing.
  • As per Section 29 of the Act, a transfer by a partner of his rights in the firm, either absolute or by mortgage, or by the creation by him of a charge on such interest, does not entitle the transferee, during the continuance of the firm, to interfere in the conduct of the business, or to require accounts, or to inspect the books of the firm, but entitles the transferee only to receive the share of profits of the transferring partner, and the transferee shall accept the account of profits agreed to by the partners. As per Section 31 of the Act, no person shall be introduced as a partner into a firm without the consent of all the existing partners.
  • As per Section 33 of the Act, a partner may not be expelled from a firm by any majority of the partner, save in the exercise in good faith of powers conferred by contract between the partners. (Rules of Section 32 can be applicable to an expelled partner)

Dissolution of Partnership


  • Dissolution by Mutual Agreement
  • Dissolution by Court.

Dissolution by Mutual Agreement


  • By Agreement (Section 40 Of Indian Partnership Act,1932).
  • By Compulsory Dissolution (Section 41 Of Indian Partnership Act,1932).
  • Dissolution by Happening of a Contingent Event (Section 42 Of Indian Partnership Act,1932).
  • Dissolution by Notice (Section 43 Of Indian Partnership Act,1932).

Dissolution by Court


  • Insanity of Partner.
  • Incapacity of Partner.
  • Misconduct of Partner.
  • Constant Breach of Agreement of Partner.
  • Transfer of Interest.
  • Continuous Losses.

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