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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 Privacy Lawyers in India

anil reddy  s

anil reddy s

Proprietor
Exp
Bangalore , Karnataka

Specialization

  • Privacy
  • Property
  • Advertising
  • Debt And Lending Agreement
  • Environment And Natural Resources
Total Answers Given : 14
Ramgopal  Aiyer

Ramgopal Aiyer

Managing Partner
Exp
Mumbai , Maharashtra

Specialization

  • Privacy
  • Criminal
  • Cheque Bounce
  • Banking
  • Commercial
Managing Partner of Kaleeyantey Law Firm presently having offices in Mumbai and Navi Mumbai handling Litigation and Non Litigation matters on Civil side and Criminal side as well. View Full Profile
Total Answers Given : 3
HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Privacy
  • 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
Asha Narayan Nair

Asha Narayan Nair

BA.LLM (Senior Advocate)
Exp
Mumbai City , Maharashtra

Specialization

  • Privacy
  • Criminal
  • Advertising
  • Animal Laws
  • Debt and Lending Agreement
Namitabh  Kothari

Namitabh Kothari

Advocate
Exp
Mumbai suburban , Maharashtra

Specialization

  • Privacy
  • Civil
  • Criminal
  • Divorce
  • Cheque Bounce
18 Years of Legal Practice - Expert in Civil, Criminal, Family and all other types of Court cases Handling matters in Bombay High Court and all other Courts in Mumbai - Thane - Navi Mumbai - Pune View Full Profile
Total Answers Given : 75
Aditya  Shrivastava

Aditya Shrivastava

Advocate
Exp
Raipur , Chhattisgarh

Specialization

  • Privacy
  • 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
Vinay  Pratap Singh

Vinay Pratap Singh

ADVOCATE
Exp
Bhopal , Madhya Pradesh

Specialization

  • Privacy
  • Civil
  • Advertising
  • Animal Laws
  • Aviation
Sahej  Uban

Sahej Uban

Lawyer
Exp
South Delhi , Delhi

Specialization

  • Privacy
  • 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
Akhilesh  Jamdar

Akhilesh Jamdar

Advocate
Exp
Mumbai , Maharashtra

Specialization

  • Privacy
  • Real Estate
  • Criminal
  • Will
  • Banking
I provide the following legal services: 1. Affordable Legal Notices 2. Real Estate Due Diligence and Advisory 3. Criminal Law View Full Profile
Total Answers Given : 2
Radha  Sri

Radha Sri

ADVOCATE
Exp
Hyderabad , Telangana

Specialization

  • Privacy
  • Divorce
  • Family
  • Employment And Labour
  • Maternity
LLM. (M Law) From Osmania University. Insurance Professional in Life and Non Life 13+ years of experience Standing Counsel 4 insurance companies to deal MACT cases. Experiened in dealing with many critical family cases View Full Profile
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  • What is Privacy Law?
  • Which Act Governs Privacy?
  • Why such Law is important?

On 24th August, 2017 Supreme Court declared Privacy to be a fundamental right. Right to privacy refers to the right to maintain a domain around us, which could be inclusive of all those things that are intrinsically associated with us like our home, body, feelings, identity, etc. We are the masters of allowing access to this domain. Privacy rights are about the respect of an individual, it must be upheld unless a compelling reason to override someone’s privacy exists. Right to Privacy has been interpreted as an extension of Article 21 of the Indian Constitution.

What is Privacy?


Privacy is the “right to be let alone; the right of a person to be free from unwarranted publicity; and the right to live without unwarranted interference by the public in matters with which the public is not necessarily concerned”. ‘Privacy is the condition or state of being free from public attention to intrusion into or interference with one’s acts or decisions’.

Necessity of Privacy


  • Limit on Power of the Government.
  • Respect of Individual.
  • Reputation Management.
  • Trust.
  • Control Cover on One’s Life.
  • Freedom of Thought and Speech.

What is Privacy Law and What Laws Govern Privacy?


Article 17 of the International Covenant on Civil and Political Rights, 1966 says that no person should be subjected to unlawful/arbitrary interference with their privacy, with every person having the right to protection of the law against such interference.

Article 12 of the Universal Declaration of Human Rights 1948, says that no person would be subjected to an arbitrary interference with respect to their privacy, home, family or an attack on their honour & reputation.

Right to privacy has been given recognition in the Information Technology Act as well in Section 43 as per which unauthorized access into a computer resource invokes liability.

As per the case of ‘People’s Union for Civil Liabilities v. Union of India’, tapping of a phone attracts violation of privacy and its due protection being a part of Article 21. Hence, tapping of a phone require the due process to be followed, and the process has to be just, fair, and reasonable.

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