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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 Telecommunication Lawyers in India

HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Telecommunication
  • 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
gunjan  shah

gunjan shah

Advocate
Exp
North 24 Parganas , West Bengal

Specialization

  • Telecommunication
  • 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
Pooja  Sathe

Pooja Sathe

Lawyer
Exp
Pune , Maharashtra

Specialization

  • Telecommunication
  • Family
  • Adoption
  • Consumer Protection
  • Cheque Bounce
I have wide experience in Legal opinion relating to Property, litigation & Non-litigation & Corporate Legal field,Civil Matters, Motor Accident Claims Tribunal, Consumer Matters, & Family Matters & cases related to Charity & Right to information Act & matters related to suit properties. View Full Profile
Total Answers Given : 4
Advocate Manish  Kumar

Advocate Manish Kumar

Advocate
Exp
South Delhi , Delhi

Specialization

  • Telecommunication
  • Civil
  • Customs, Excise
  • Cyber, Internet, Information Technology
  • Debt Collection
Advocate Manish Kumar has been practicing judiciously and serving the legal fraternity in Delhi High Court for more than 11 years. I am professionally dealing with cases in the field of law pertaining to civil, Criminal, company matter, contract law, property matter Arbitration Family litigation in View Full Profile
Total Answers Given : 2
Karnish  Gupta

Karnish Gupta

PARTNER
Exp
Ludhiana , Punjab

Specialization

  • Telecommunication
  • Criminal
  • Administrative Law
  • Adoption
  • Animal Laws
I AM DRIVEN BY MY DESIRE FOR SUCCESS AND THAT I WORK IN HAND WITH THE CLIENT AS THE CLIENT IS ALWAYS IN TRACK WITH THE CASE I AM A WORKAHOLIC BY NATURE AND STOP AT NOTHING View Full Profile
ANIL KUMAR PC

ANIL KUMAR PC

ADVOCATE
Exp
Ernakulam , Kerala

Specialization

  • Telecommunication
  • Cyber, Internet, Information Technology
  • Banking
  • Cheque Bounce
  • Consumer Protection
'Standing counsel of a Government Company in the High Court of Kerala ,with proven efficiency to handle all types of Cases in High Court and other Courts. Able to handle any sort of cases to render justice to the clients.We are experts in Cyber and telecommunication laws View Full Profile
Total Answers Given : 10
Arvind  Tripathi

Arvind Tripathi

Lawyer
Exp
Allahabad , Uttar Pradesh

Specialization

  • Telecommunication
  • Civil
  • Criminal
  • Cheque Bounce
  • Divorce
Mr. Arvind Tripathi, Advocate is an Advocate with 30 years of experience in Civil and Criminal matters. He specializes in Service and Bail matters. He runs a Law Firm by the name of Mimansa Law Firm which is very reputed firm in the whole of Uttar Pradesh. View Full Profile
Total Answers Given : 2
Prateek  Aggarwal

Prateek Aggarwal

Advocate
Exp
Gurgaon , Haryana

Specialization

  • Telecommunication
  • Arbitration and Mediation
  • Cheque Bounce
  • Civil
  • Commercial
Basically i am into civil litigation, Arbitration, HARERA, Consumer forum, Permanent Lok Adalat and have been practicing for the last 7 years. I do recovery, cheque bouncing, arbitration, commercial dispute, MSME, Family cases, real estate, property dispute, Hindu Succession, will, Insolvency etc View Full Profile
Total Answers Given : 1
Farman  Tyagi

Farman Tyagi

CRIMINAL, CIVIL LAWYER
Exp
Roorkee , Uttarakhand

Specialization

  • Telecommunication
  • Cheque Bounce
  • Debt And Lending Agreement
  • Contracts And Agreements
  • Election Campaign And Political Laws
I AM VERY PUNCTUAL OF TIME I AM VERY SINCERE ABOUT MY WORK I AM VERY HARD WORKER I AM VERY SUPPORTER View Full Profile
Kaveriamma  Monnappa

Kaveriamma Monnappa

Corporate Lawyer
Exp
Bangalore , Karnataka

Specialization

  • Telecommunication
  • Contracts and Agreements
  • Government Contracts
  • IT Contracts
  • Licensing
I am an experienced corporate lawyer with over 15 years of experience in Corporate and commercial advisory with legal expertise in IT/ITES and IOT contracts and data privacy compliance. View Full Profile
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  • What is Telecommunications Laws?
  • Which Laws Govern Telecommunications?
  • What is the penalty for not committing to Telecommunications Law?

Due to the rising interest for an extensive variety of telecom hardware, particularly in the region of mobile telecommunications, brilliant open doors for domestic too foreign speculators exists in this area.

What is Telecommunications Laws?

The Department of Telecommunications (DOT) under the Ministry of Communications and Information Technology is the concerned agency for all issues identifying with telecom. DOT is in charge of planning the formative approaches; allowing licenses, and so on.

An independent regulatory body known as Telecom Regulatory Authority of India also exists as per the Telecom Regulatory Authority of India Act. This Act provides for an Appellate Tribunal known as the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).

Laws Govern Telecommunications are:


  • Indian Telegraph Act 1885 – it’s one of the oldest legislations still in effect in India. Some of its features are-
    • Empowerment of Government of India to control telegraph lines along-with planning for expansion of telecommunications
    • Authorising the Government of India to grant licenses w.r.t telecom
  • Indian Wireless Act, 1933 – was enacted for the regulation of possession of wireless telegraphy apparatus.
  • Cable Television Networks (Regulations) Act, 1995
  • Information Technology Act
  • Broadband Policy 2004
  • The Telecom Regulatory Authority of India Act 1997 – talks about the functions of TRAI. Sets up an appellate tribunal.

Penalty for not committing to Telecommunications Law


Mainly monetary penalties are the main form of Penalty as under telecommunications law as it is a Customer and Service Provider relationship. So, if the customer is aggrieved or the service Provider is Lethargic in providing service in that case the punishment is monetary penalty. Penal Actions can only be taken if there is fraud committed by the service provider.

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