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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 RTI Lawyers in India

Saurabh  Agrawal

Saurabh Agrawal

Advocate
Exp
Korba , Chhattisgarh

Specialization

  • RTI
  • Consumer Protection
  • Civil
  • Family
  • Cheque Bounce
Dealing With all Kinds of Matters Anywhere Anytime... Consumer Forum, Divorce, Cheque Bounce, Criminal, Civil, Family Matters, Compliance, Service Matters, Revenue, Banking, IT, Recovery, Fraud, Bail & other's at Chhattisgarh High Court & Every Districts Courts of Chhattisgarh & others places View Full Profile
Vinay Kumar Nukathoti

Vinay Kumar Nukathoti

Advocate
Exp
Hyderabad , Andhra Pradesh

Specialization

  • RTI
  • Family
  • Arbitration and Mediation
  • Banking
  • Cheque Bounce
Anand  Bajpai

Anand Bajpai

Lawyer
Exp
New Delhi , Delhi

Specialization

  • RTI
  • Corporate and Incorporation
  • Bankruptcy And Debt
  • Contracts And Agreements
  • Customs, Excise
A Corporate & Commercial Lawyer, Corporate (IBC & Company Law), Cheque bounce138 NI Act, Legal notices, Civil & Arbitration at DRT, NCDRC, NCLT, NCLAT, HIGH COURT, RBI, PMLA, SFIO, FCRA-MHA, Corporate Affairs(MCA), ROC, Regional Director (RD), Appellate DFS-MOF, MHA and ALL District Court View Full Profile
Adv Fauziya  Shaikh

Adv Fauziya Shaikh

Manual
Exp
Akola , Maharashtra

Specialization

  • RTI
  • Criminal
  • Adoption
  • Child Custody
  • Documentation
eager to learn new View Full Profile
Sonia  Sharma

Sonia Sharma

Lawyer
Exp
South Delhi , Delhi

Specialization

  • RTI
  • Family
  • Motor Accident
  • Contracts And Agreements
  • Documentation
I am a practising lawyer at all Delhi District & High Court and Rajasthan District & High Court. View Full Profile
Akash  Kashyap

Akash Kashyap

Managing partner
Exp
New Delhi , Delhi

Specialization

  • RTI
  • Employment and Labour
  • Property
  • Real Estate
I have been in litigation since 4 years in Delhi district and courts and consumer commission and also well aware of the labour laws. I also have knowledge of Cheque bounces cases and service agreement breach cases and have also dealt with Matrimonial and divorce cases also View Full Profile
RAM  KUMAR

RAM KUMAR

ADVOCATE
Exp
Palwal , Haryana

Specialization

  • RTI
  • Criminal
  • Cheque Bounce
  • Child Custody
  • Consumer Protection
Advocate , LL.B. , 11 years of Experience in Legal practice. Practise in Palwal, Faridabad, Hodal, Nuh, Ferozpur Jhirka Criminal, Civil, Matrimonial, Consumer cases, Labour Cases, NI Act, Recovery matters, Insurance cases, Property Disputes, MACT, Contract act, Corporate Law, Legal Notices, NCLT,DRT View Full Profile
Madhu  Tyagi

Madhu Tyagi

Advocate
Exp
South West Delhi , Delhi

Specialization

  • RTI
  • Civil
  • Divorce
  • Arbitration And Mediation
  • Contracts And Agreements
I am second generation lawyer and started my career in the 2005 my main area of expertise is Matrimonial and family litigation and Civil Law and main practicing in Delhi High Court and District Courts of Dwarka. I am an Advocate on Record at Supreme Court of India since 2013 and handle all kinds of View Full Profile
Jaskaran Lal  Maurya

Jaskaran Lal Maurya

Advocate
Exp
Lucknow , Uttar Pradesh

Specialization

  • RTI
  • Criminal
  • Military Laws
  • Police Laws
  • Property
I am civil & Criminal Lawyer In Lucknow .. View Full Profile
Gurvinder  Singh

Gurvinder Singh

Advocate
Exp
Fatehabad , Haryana

Specialization

  • RTI
  • Administrative Law
  • Consumer Protection
  • Civil
  • Criminal
Having good hold on civil, criminal, motor accident claims, cyber laws, consumer forum, family and miscellaneous matters in District & Session Court Fatehabad plus Civil Courts Ratia. View Full Profile
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  • What is RTI?
  • What cannot be Sourced from RTI?
  • How to file RTI?
  • What can be the Reliefs on filing RTI?

What is RTI?


Right to Information or RTI is the provision which enables citizens to request information from a “public authority” (body of the Government or an instrumentality of the State). It mandates timely response to the request filed by citizen for a government information.

What information is exempt from the Right to Information Act?


As per Section 8 of the RTI Act, certain types of information are exempt from being provided under an RTI application. Some of the exemptions have been listed below:

  • Any information which would affect the sovereignty, integrity, and strategic interests of the Indian State are exempt.
  • Disclosure of any information which would constitute contempt of court, or which has been expressly barred from publication by any tribunal, or the disclosure of which would cause a breach of privilege of Parliament or State Legislature.
  • Information which is made available to a person in capacity of their fiduciary relationship with someone.
  • Information which is personal information the disclosure of which would not have any public interest would be exempt as it would cause an unwarranted breach of privacy.

What is the Governing Law of RTI?


The Right to Information Act, 2005.

Procedure for RTI filing-


Following is the summarised process for filing an RTI:

  • Identifying relevant department of the government would be giving the information, for example in RTI’s related to tax matters, the concerned authority would be Income Tax Department.
  • Writing the application as per the prescribed format However, following the format is not necessary and it can be submitted on a plain paper in Hindi/English or other language.
  • Payment of fees- An amount of Rs. 10 is charged on an RTI application, which is made in form of an Indian Postal Order which is to be attached in the application.
  • Send Application- After the completion of above steps, the RTI application can be sent via speed post/registered post. If a reply is not received within 30 days, then the central information commission can be approached.

Some Legal facts of RTI:


Following is the summarised process for filing an RTI:

  • As per Section 6(2) of the RTI Act, 2005 – the applicant making request for the information is not under the obligation to provide any reason for the requesting of his information.
  • Article 370 of the Indian Constitution keeps the state of Jammu & Kashmir outside the ambit of RTI. However, there is an act called ‘Jammu and Kashmir Right to Information Act of 2009’.
  • Exception to RTI – if an information, which is beyond the domain of a state government, is requested for to the State Information Commission, then they can revert back suggesting you to file an application to the Central Information Commission or the relevant Central Authority.
  • Subhash Chandra Agrawal v. Office of AG – Delhi High Court held that office of the Attorney General of India is a public authority under the Right to Information Act.
  • Jiju Lukose v. State of Kerala – Kerala High Court said that the police are obligated to provide a copy of the FIR on an RTI application unless a relevant authority under Section 8 of the RTI Act exempts from the copy being provided.

Reliefs provided under Right to Information Act:


If the applicant doesn’t receive a response to the application within the prescribed time period, then he may file an appeal under Section 19 of the RTI Act, the first appeal is addressed to the first appellate authority which is designated in each public department/authority.

RTI applicants can also directly approach the State Information Commission or the Central Information Commission if they do not get a response on their RTI application within the stipulated time period.

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