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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 Sale of Goods Lawyers in India

Shreyash  Mohta

Shreyash Mohta

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Sale of Goods
  • Divorce
  • Domestic Violence
  • Family
  • Muslim Laws
Hi, this is Shreyash Mohta I have graduated from University of Calcutta and I am a practicing Advocate. I deal mostly with criminal & quasi criminal cases with exp of 1-1.5yrs. My prime area of expertise is in matters related to Family Disputes, Divorce, Domestic Violence, etc. View Full Profile
Total Answers Given : 1696
anil reddy  s

anil reddy s

Proprietor
Exp
Bangalore , Karnataka

Specialization

  • Sale of Goods
  • Property
  • Advertising
  • Debt And Lending Agreement
  • Environment And Natural Resources
Total Answers Given : 14
SUNDARAVADIVELU  VELU

SUNDARAVADIVELU VELU

Proprietor
Exp
Chennai , Tamil Nadu

Specialization

  • Sale of Goods
  • Tax-Income Tax
  • Civil
  • Partnership
  • Trust And Society (NGO)
SPECIALISED IN DIRECT AND INDIRECT MATTER, CHEQUE BOUNCE CRIMINAL CASES, PROPERTY DOCUMENTATION View Full Profile
Total Answers Given : 10
HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Sale of Goods
  • 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

  • Sale of Goods
  • Criminal
  • Advertising
  • Animal Laws
  • Debt and Lending Agreement
S.S  Gosavi

S.S Gosavi

Advocate
Exp
Mumbai City , Maharashtra

Specialization

  • Sale of Goods
  • Administrative Law
  • Consumer Protection
  • Landlord And Tenant
  • Partnership
I do provide legal services in the area of criminal,constitutional,civil,service and consumer laws by practicing in and before the Bombay High Court ,state commission ,MAT and various judicial and qusi-judicial authorities throughout and out of the Maharashtra for last 4 Years. View Full Profile
Khansaeed  Pathan

Khansaeed Pathan

9
Exp
Beed , Maharashtra

Specialization

  • Sale of Goods
  • 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
PARDEEP KUMAR DHINGRA

PARDEEP KUMAR DHINGRA

PARTNER WITH LAW FIRM
Exp
South Delhi , Delhi

Specialization

  • Sale of Goods
  • Arbitration and Mediation
  • Bankruptcy and Debt
  • Contracts and Agreements
  • Trust And Society (NGO)
16 years of Experience in fields of International & Domestic Arbitrations, Corporate & Commercial Litigation, Acquisition, Merger/Demerger, Regular Litigation in Property, Real Estate, Trade Mark, Copy Right, Recovery, Civil disputes, Contracts, Writ, LPA, SLP, FDI, ODI, NCLT (IBC, Insolvency)etc. View Full Profile
Total Answers Given : 2
gunjan  shah

gunjan shah

Advocate
Exp
North 24 Parganas , West Bengal

Specialization

  • Sale of Goods
  • Divorce
  • Arbitration And Mediation
  • Debt And Lending Agreement
  • Debt Collection
Practicing as an advocate/private attorney at the Hon’ble High Court, Calcutta, District Courts, Tribunals such as Land Administrative Tribunals, Central and State Administrative Tribunals and Forums including The Consumer Forums and dealing in Arbitration matters as representing counsel. View Full Profile
Nayan Rajesh Mehta

Nayan Rajesh Mehta

Advocate
Exp
Rajkot , Gujarat

Specialization

  • Sale of Goods
  • Civil
  • Debt and Lending Agreement
  • Landlord and Tenant
  • Police Laws
Best Lawyer In Rajkot View Full Profile
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  • What is Sale of Goods Law?
  • What Laws are Applicable on Sale of Goods Law?
  • What is the Importance of Sale of Goods Act?

What is Sale of Goods Law?


Sale of Goods Laws are a kind of sub-branch of the Contract laws. These laws aim at facilitating the event of selling of goods in accordance with the relevant legal principles and ideas in mind. Barring the state of Jammu & Kashmir, this law is actionable to the whole of India.

Laws applicable on Sale of Goods Law-


  • Indian Sale of Goods Act 1930
  • Indian Contracts Act, 1872

What Indian Sale of Goods Act, 1930 says-


  • There must be a buyer & a seller w.r.t the contract which should be related to goods, i.e., movable property for this act to be applicable
  • All the essential elements of a Contract as per the Indian Contract Act are applicable here as well.
  • As per Section 2(7) of the Act, ‘goods’ refers to every kind of movable property apart from actionable claims & money (stocks & shares inclusive).

    Rights of Unpaid Seller-

    • Right of Lien – legal right of retaining possession of goods until the due consideration is received [Section 46(1)(a) and Section 47 to 49]
    • Right of Stoppage in Transit – seller has the right of preventing the transit of goods and reacquire possession until he receives the due consideration [Section 50 to 52]. He can do so even when the buyer becomes insolvent prior to the expiry of the initial credit period granted.
    • Right to Re-Sale – failure of providing the due consideration on part of the buyer within a reasonable time allows the unpaid seller for re-sale of his goods if the concerned goods are of a perishable nature, or if seller provided notice to buyer about his intention to resale despite which the buyer did not pay the due consideration, or if the seller expressly reserved his Resale rights.
    • The seller can also opt for resale if he had exercised his Right of Lien/ his right of stopping the transit but has to provide a notice to the buyer about the intention of re-sale to which he must respond to in a reasonable time. The seller may, on failure of the original buyer paying the due consideration, opt for re-sale and sue the original buyer for damages which may have occurred due to the breach of contract on the buyer’s part. [Section 54(2) of the Act]
    • Right of Withholding Delivery – when goods haven’t passed to the buyer and are still in seller’s possession he may retain the possession till he is paid. It is similar to the concept of ‘Right to Lien’.
    • Suit for Price- As per Section 55 of the Act, unpaid seller has the right to sue the buyer for price. As per Section 56 of the Act, the seller may sue for damages regarding ‘non-acceptance’ when the buyer wrongfully neglects or refuses to pay for the goods.

    Rights of Buyer-

    • As per Sections 31 & 32, he has the claim to the delivery of goods as per the agreed terms. He can reject goods if they don’t match the description provided for as per the agreement.
    • As per Section 41, buyer has the right of enjoying reasonable opportunity of the inspection of concerned goods.
    • As per Section 57, the buyer can sue the seller in the event of the seller refusing or wrongfully neglecting the delivery of goods.

Some important facts and cases about and under Adoption law


Personal belief and faith cannot dictate the adoption
In the case of Shabnam Hashmi Vs. Union of India and Others, 2005, the Supreme Court has decreed that prospective parents irrespective of their religious background are free to adopt children after the prescribed procedure. The court in its order said that 'personal beliefs and faiths, though must be honoured, cannot dictate the operation of the provisions of an enabling statute.

Interest of the Child comes first
Noting that the interests should be kept “first and foremost” during adoption, the Supreme Court on Monday directed the Centre and the States to frame regulations under the Juvenile Justice (Care and Protection) Act, 2015 to implement the new guidelines for in-country and inter-country adoption to make the process transparent, friendly and fool-proof.
“Whether it is in-country or inter-country adoption, the interest of the child should be supreme. There should be no compromise whatsoever,” Chief Justice of India T.S. Thakur, who headed a three-judge Bench, told the Centre.

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