Legal Framework
- Charitable Society: Registered under the Societies Registration Act, 1860 or corresponding state acts.
- Trust: Governed by the Indian Trusts Act, 1882 (for private) or state public trust acts (for public).
Founding Members
- Society: Requires minimum 7 members from different states (if national).
- Trust: Can be formed by a single individual or group of individuals.
Governance and Elections
- Society: Managed by a governing council elected periodically.
- Trust: Managed by trustees whose appointment is usually fixed by the trust deed.
Legal Recognition
- Societies must file annual returns and conduct meetings; amendments are easier.
- Trusts have fixed structures; changes often need amendments to the trust deed.
Transparency and Accountability
- Societies must submit annual reports to the Registrar of Societies.
- Trusts may not have mandatory filing unless governed by a public trust act.
Flexibility in Objectives
- Societies may easily expand or modify objects with members’ consent.
- Trusts are bound strictly by the objects mentioned in the trust deed.
Perception and Use
- Societies are often used for educational and social work requiring member participation.
- Trusts are common for asset-based charity work such as temples, hospitals, or shelters.
Documentation and Registration
- Society: Requires Memorandum of Association, Rules, ID/address proof of members.
- Trust: Requires Trust Deed, Stamp Duty, and registration with Sub-Registrar.
What is an NGO Under Indian Law
Definition and Scope
- NGO is a non-profit entity that operates independently of government to promote social welfare, education, health, environment, or humanitarian causes.
Legal Forms
- Registered as Trust, Society, or Section 8 Company.
- Choice depends on objective, scale of work, and preferred governance style.
Registration Process
- Must submit constitutional documents, ID/address proof, and resolutions.
- Registered with respective authorities based on legal structure.
Purpose and Activities
- Engage in activities for public benefit such as charity, education, healthcare, women empowerment, skill development, etc.
Tax Benefits and Recognition
- Can register under 12A for income tax exemption.
- Eligible for 80G certificate to offer tax deductions to donors.
Foreign Funding
- Must register under FCRA to receive foreign donations legally.
- Must open a designated bank account and file FCRA returns annually.
Compliance and Auditing
- Maintain proper accounts, submit annual returns, and undergo audits.
- Must adhere to the laws governing their chosen legal structure.
Governance and Public Accountability
- Run by a managing body, board of trustees, or directors.
- Required to ensure transparency, ethical conduct, and effective use of public or donor funds.



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