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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 Software License Lawyers in India

anil reddy  s

anil reddy s

Proprietor
Exp
Bangalore , Karnataka

Specialization

  • Software License
  • Property
  • Advertising
  • Debt And Lending Agreement
  • Environment And Natural Resources
Total Answers Given : 14
harish  M

harish M

BAL LLB
Exp
Bangalore , Karnataka

Specialization

  • Software License
  • Corporate and Incorporation
  • Intellectual Property, Copyright, Patent, Trademar
  • Cyber, Internet, Information Technology
  • Divorce
I have been practicing since 2001, my father is also an advocate and I practiced under his guideline and I do independent practice at Bangalore, I am extremely competent in corporate Law, intellectual property, Cyber law, Property verification and Family and divorcee case. View Full Profile
Total Answers Given : 3
HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Software License
  • 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
Jayashree  Hariharan

Jayashree Hariharan

SENIOR ADVOCATE
Exp
Bangalore , Karnataka

Specialization

  • Software License
  • Civil
  • Child Custody
  • Property
Expertise in all type civil matters View Full Profile
Usha  Ganesh

Usha Ganesh

ADVOCATE
Exp
Bangalore , Karnataka

Specialization

  • Software License
  • Contracts and Agreements
  • Employment And Labour
Experienced Lawyer with background civil, criminal and corporate law. Adept at managing successfully a large case load. Bar Council of Karnataka | 2010 Admitted as an Advocate on rolls • Command of Contract management • Drafting of various deeds, agreements, deeds and pol View Full Profile
Total Answers Given : 2
PARDEEP KUMAR DHINGRA

PARDEEP KUMAR DHINGRA

PARTNER WITH LAW FIRM
Exp
South Delhi , Delhi

Specialization

  • Software License
  • 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

  • Software License
  • 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

  • Software License
  • Civil
  • Debt and Lending Agreement
  • Landlord and Tenant
  • Police Laws
Best Lawyer In Rajkot View Full Profile
Vinay  Pratap Singh

Vinay Pratap Singh

ADVOCATE
Exp
Bhopal , Madhya Pradesh

Specialization

  • Software License
  • Civil
  • Advertising
  • Animal Laws
  • Aviation
A.G.SYAM  KUMAR

A.G.SYAM KUMAR

Advocate
Exp
Thiruvananthapuram , Kerala

Specialization

  • Software License
  • Advertising
  • Maternity
  • Sale
  • Torts
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  • What is Software Licensing?
  • What are Software License Laws?
  • Which Specific Laws regulate software Licensing?
  • What is the Importance of Software License?

Enabling an individual or gathering to utilize a bit of software will be Software licensing. Almost all applications are licensed as opposed to sold. There are a wide range of sorts of software licenses. Some depend on the number machines on which the licensed program can run though others depend on the quantity of clients that can utilize the program. Most PC software licenses enable you to run the program on just a single machine and to make duplicates of the software just for reinforcement purposes. A few licenses additionally enable you to run the program on various PCs as long as you don't utilize the duplicates all the while. A software license (or software license in region use) is a legitimate instrument administering the utilization or redistribution of copyright secured software.

What is Software Licensing?


A software license is a legal instrument usually by way of contract law, with or without printed material governing the use or redistribution of software. Under copyright law all software is copyright protected, in source code as also object code form. The only exception is software in the public domain. A typical software license grants the licensee, typically an end-user, permission to use one or more copies of software in ways where such a use would otherwise potentially constitute copyright infringement of the software owner's exclusive rights under copyright law.

Software licenses are categorised as following-


  • Proprietary software is software which is the legitimate property of one party. The terms of utilization for different parties is characterized by contracts or licensing agreements. These terms may incorporate different benefits to share, adjust, and utilize the software and its code
  • A free software license is a software permit which gifts beneficiaries rights to adjust and redistribute the software which would some way or another be denied by copyright law. A free software permit awards, to the beneficiaries, flexibilities as consents to change or disperse copyrighted work.
  • Open source software alludes to any program whose source code is made accessible for utilize or change by clients and is made unreservedly accessible. Open Source empowers the clients to see and adjust the source code.

What are Software Licensing Laws?


There are no specific laws on software licensing in India. A computer Software Contract is governed by the principles of Indian Contract Act,1872. If the software is taken as goods then The Indian Sales of Goods Act,1932.
In the case of TCS the Apex Court considered computer software as goods. Even Intellectual Property once put into a media such as CD or DVD is considered as goods.

Specific Laws regulate software Licensing


Software licence are regulated by the Copyright Laws, Contract Laws, & the Trade Secret Laws.

  • Copyright’s Law – it has been framed in accordance with the changes demanded by TRIPS.
  • Contract Law- breach of contract under section 75 can secure the infringement under software licensing agreements. The infringement of the states of license is however subject to translation and rationale. The licensor however can secure such license by explicitly giving the terms and conditions under the assertion identifying with the rights and liabilities of the licensee and licensor himself. Just issue common in the viable market is the "standard terms" of the license which the licensee frequently overlooks while tolerating the license before downloading the software. The Indian courts have a cracked sentiment with respect to these STANDARD TERMS. Some have favoured the merchants and some have favoured the licensee
  • Trade Secret Law talks about protection of undisclosed information
  • Income Tax- software licensing, income emerging from permitting 'right to use' of Indian software purchasers is really offer of copyrighted article which does not include exchange of copyright and such receipt isn't royalty under Sec 9(1)(vi).

Importance of Software Licensing -


Businesses must be savvy in the licenses they purchase to ensure firstly they are using software legally and secondly, they aren’t paying for licenses that aren’t being used. By acquiring too many software licenses you’re wasting company resources, without enough you leave yourself liable to a potential lawsuit (which is quite costly). Finding the right license agreement can also make it easier to manage software in your company.

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