Vijay Sardana Memorial Lecture May 6, 2019

Summary of the lecture by Mathew Cherian

Is financial viability of the Voluntary Sector a mirage? The way forward

PART-I

To begin with I would like to thank SRRF for the honour of inviting me to deliver the first Vijay Sardana Memorial Lecture.  I would like to remember Mr. Vijay Sardana, a gentleman and a noble soul, a fellow traveller whom I met 27 years ago when I was with Oxfam and he was with Plan International and a warm friendship we shared. I acknowledge the presence here of Mrs Sardana and family.

In his own quiet way, Vijay Sardana began by experimenting with an important area of financial viability by promoting “KOSH” in ASSEFA, Tamil Nadu, which was one of the big forerunners of the SHGs.  The KOSH savings movement predates Grameen Bank and other models which are popular now. Not much is written about it but is a working model. I am glad that Bunker Roy founder of SWRC Tilonia and my hero in the sector from my younger days is present in the audience. He should have been delivering this lecture.

Vijay Mahajan who set up BASIX said “he learnt all about microfinance from ASSEFA’s KOSH and its learnings”. This was about 30 years ago and the world was yet to know of the Grameen Bank model but it was done in India.  ASSEFA was one of the few organisations which reached viability and still continues its work in southern Tamilnadu around Madurai.

Vijay Sardana was a forerunner in his thinking on the viability of the sector much before his time.  I would like to commend him on his contribution and it is appropriate  that this memorial lecture is dedicated to viability of the sector.

Let us acknowledge the contribution of the voluntary sector which has grown from small beginnings into a huge sector in the new millineum. Indian freedom movement in 1857 got support from in the Indian gangetic plain from civil society as we know it, religious organisations both Muslim and Hindu. Societies Registration Act 1860 was formed to regulate these organisations.

I quote from my book on the non Profit sector “A million missions” “The sector has grown from these small beginning to 3.1 million NGOs and an annual income of Rs 72,792 crores and employs 2.7 million paid workers. The total workforce exceeds 18.2 million workers bigger than the entire public sector workforce in India. Civil society sector has benefitted from private philanthropy”. This data is from the Government’s study of Non profit establishments carried out in 2012 by the Ministry of Statistics and Programme Implementation.

While over a larger time-frame, the bulk of the sector continues to grow, but my observations over the last decade & case studies, point to the fact that non-profits are facing tremendous problems and the last 5 years of NDA rule it has been particularly distressing.

I quote 5 major news items to illustrate this point in the last five years.

  1. Removal of 100 % tax exemption to NGO’s though the revenue foregone was a meagre 31.6 crores in a 3.1 trillion dollar economy which demonstrated the small minds of the present ruling dispensation.
  2. Cancellation of 10,600 NGOs from the FCRA list in 2014 and another 5000 plus in 2017 .
  3. 21 foreign donors placed on the banned list and an additional 15 of them on the watch list. RBI has become stricter than ever before on any foreign transfers to NGO’s. As a aside I think RBI should focus equally on banks & companies!
  4. A Supreme Court case on stricter regulation and audit of the voluntary sector. It also relies on  some facts which are based on an ill informed PIL with little or no resistance from the non profits. There is a clear lack of advocacy by the sector which lacks the skill & PR of chambers of commerce like CII or FICCI.
  5. The amendment brought in by a money bill that foreign company’s donations are no longer foreign money but Indian money that granted retrospective remedy to donations to political parties that recd these donations. I ask whether these rules could have similarly come to the rescue of non-profits? Clearly a case of double standards that only a ngo like ADR could challenge & survive.

The current discourse is anti civil society and the government increasingly paints the human right defenders as anti national, and coined a new word “Urban Naxal“. This makes working in the area of human rights difficult for many non-profits.  The regulatory environment has become stricter and scrutiny is growing I would say selectively. However my personal opinion is that it has made us much stronger.  

So why is the voluntary sector in India so critical?

We have had so many important achievements in the sector, some of which are ‘Right to Information (RTI ) Act’, in microfinance, in watershed programmes and livelihoods. Little is known that the ASHA worker is born of an NGO experiment, the Anganwadi worker came up from NGO work. The NREGA was a replication of “food for work“ programme organised by NGOs in 70’s and 80’s.  Very little is talked of the contribution of Aruna Roy in RTI and Nikhil Dey in MNREGA, Rajender Singh the waterman of India on improving watersheds in dry land areas and reviving old rivers. I can talk of several and even in Vijay Sardana’s days in AFPRO the India Mark 2 pump for drinking water was developed which is the mainstay in many villages in India, Africa and other SE Asian countries.  The Indian voluntary sector needs to be celebrated rather than be pilloried as being done today which along with democracy has kept our freedoms.

A historical look at the sector to understand the viability of the voluntary sector.

I would like to give four examples to prove my point.

 Lala Lajpat Rai started the Punjab National Bank in Lahore and this year they are celebrating 125 years of the Bank, When He migrated to India along with the Bank large parts of Lajpat Nagar named after him were given as compensation. However he set up a voluntary organisation called Servants of the people society to rehabilitate the refugees who came from West Pakistan and many activities were started. They were joined by Purushottamdas Tandon, Congress President and who served them for many years. The good library there is named after Purushottam Tandon and the Main office is called Lajpat Bhawan.  They raise funds through a Nature clinic, an annual fair, fees from the auditorium and also run a school for underprivileged children and sell products and masalas and have earned a huge branding for their spices.. This society Servants of People Society has survived for 70 plus years and is still serving the community. They also run a retirement home “ Godhuli “ in Dwaraka  which is a another fine institution.

A second example of a thriving non profit is an organisation called SPIC MACAY in the field of art and culture and carries out programmes on classical dance, music and also on specific cultural events. It is an organisation run by volunteers and most of the programmes are run on a voluntary basis. The founder Ashok Seth is a full time Professor in IIT Delhi.

A third example is ASSEFA,  a Gandhian Organsiation which originated from the Bhoodan movement, which was started by Acharya Vinobha Bhave . ASSEFA  runs schools in rural areas, organised several savings and credit organisations federated into Kosh and also a fine dairy plant near Madurai supplying fresh milk to the city.

The fourth example is one of the organisations started by HelpAge India called the “Elders for Elders Foundation” after the Tsunami in 2004 in Tamilnadu. It began with starting elder SHGs of the Tsunami victims and the savings were accumulated to begin livelihood enterprises. Today they are federated into 4 district federations and the EFE runs on viable funding from NABARD and NABFIN. Today it is a 30 crore organisation with no external funding and runs health programmes and micro finance programmes which are completely viable. We have proved that there is a second demographic dividend after 60 and elders can still contribute to the local economy and to the GDP. All the four examples of  organisations which run on internal funds raised within the country and are moving forward in their work including HelpAge India, my organisation

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Can an organization receive FCRA Grant before prior permission.

Dear All,

I would like to know about the FCRA Grant receiving before permission,

A organization applied for FCRA permission on July 2018 and received approved on March 2019, Can organization allowed to received FCRA Grant for the period of 1.1.2019 to 28.2.2019, is there any complication or any judgement regarding this matter.

Please suggest your view.

Thanking You,

Kamlesh Barmeda

Posted in FCRA, TAX, LEGAL | 3 Comments

Registration to Darpan portal is now Optional

Vide a public notice of 04th October 2017, FCRA department had made Darpan ID mandatory for all NGOs seeking any FCRA related services. Till now anyone to undertake any activity  on online portal of FCRA, including filing of Annual Return (FC4). Well several NGOs have ben facing problem in getting Darpan Id. Some principally felt that it was wrong to share personal details of Adhar of its Trustees on a public platform. Rajiv Gandhi Charitable Trust (RGCT) was one such entity, which went to High Court that after SC judgement, there was no need to share these details with Govt, since no personal benefit is being derived by RGCT. Delhi HC directed FCRA Dept to allow RGCT to file return manually. 

However since then, FCRA Dept has now reconsidered its stand of compulsory registration on Darpan id and vide a circular dt. 15th January 2019, it has been made optional. Circular can be accessed on following link:

https://fcraonline.nic.in/home/PDF_Doc/Fc_Notice_16012019.pdf

_______________ ‎
Socio Research & Reform Foundation (NGO)
‎512 A, Deepshikha, 8 Rajendra Place, New Delhi – 110008
e-mail: socio-research@sma.net.in

Posted in FCRA, TAX, LEGAL | Tagged , , | 2 Comments

Amendments in Trust Deed

Dear Members,

We are an NGO registered in Trichy, Tamilnadu. The founder trustee resigned and as a result I (Dr.Uma) ‎became the managing trustee henceforth. The Supplementary Deed was registered in Trichy district Sub-Registrar ‎office. Pl. clarify the following.

  • Should I maintain an office in the place of registration (Trichy)
  • Should I inform to the Income officials about our supplementary deed
  • The trust has 12 a and 80 G validity.

Thanks and regards

Dr. Uma

Posted in FCRA, TAX, LEGAL | 5 Comments

Can one FCRA Holder/NGO be able to send money to another NGO with FCRA Registration?

Dear Respected Friends,

Greetings and New Year Wishes to you and to all SRRF team from Isaac Arulappan, Founder – Director of NGO namely Deva Kirubai Social Help Association managing an orphanage namely CORNERSTONE in a Village Mullippadi, Manapparai in Tiruchirappalli District – Tamil Nadu.

Now, I have a request.  Please help me have an answer to this Question

– Can one FCRA Holder/NGO be able to send money to another NGO with FCRA Registration?

Looking forward to receive your reply.

Thanking you in anticipation.

Isaac Arulappan

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Is legislative framework against sustainability in NPOs

Dear Members, ‎

I am working on registering a not-for-profit which will involve itself into research activities in ‎technology. The outcomes will be mostly public goods, in terms of papers, open source code, etc. ‎At the same time, it may generate IP, income from licensing IP and ownership (equity) in ‎companies that come out of the work of the center. This will be used for sustaining the center. ‎

As far as I know, there is restrictions by the IT Act that organizations (for Section 8/Trusts which ‎have IT exemption) can’t own equity and also, their total income (from commercial activities) ‎should not be more than 20% of all receipts. ‎

‎- Does this mean that a not-for-profit cannot generate income to pay off for their expenses? If ‎that is the case, then how do not-for-profits become sustainable?‎

‎- Can NFP own patents or equity? ‎

Thanks for the help.‎
Varun

Posted in FCRA, TAX, LEGAL | 1 Comment

Last Date for Filing FCRA Return for FY 2017-18 extended to 31-March-2019

FCRA Dept made DARPAN ID mandatory for filing FCRA Annual Return (FC-4) for all organization, although several NGOs could not generate Unique ID from the Darpan website. FCRA Dept has now stated that on representation made by various NGOs facing difficulties in generating Unique ID under the DARPAN Portal , it has extended the last date of filing of mandatory FCRA return for the year ending March 2018 from 31st December 2018 to 31st March 2019 vide its notification No. II/21022/58(370)/2018-FCRA(MU) dated 29/12/2018.

This is for information and for some respite for organisations who could not comply with FCRA’s requirement of registration on Darpan portal.

https://fcraonline.nic.in/home/PDF_Doc/fc_notice_29122018.pdf

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FCRA Registration suspended of 156 NGOs whose have not migrated to PFMS

In Dec’17 FCRA Department had ordered NGOs to open their FCRA bank account with the banks integrated with Govt PFMS system within one month of its notice dated 21/12/2017. Most NGOs opened or shifted their bank account to PFMS compliant bank till June 2018, remaining NGOs were served a show-cause notice.

The FCRA Department has now come out with an order suspending FCRA of 156 NGOs for not complying with the orders. Their FCRA has been suspended for a period of 180 days.

During the suspension period, the NGOs cannot withdraw or deposit any foreign contribution in their bank accounts. Donor agencies funding these NGOs should not disburse any more funds till the FCRA registration is restored.

It also seems that some of these have already changed the bank, though the details have not been updated in FCRA database. FCRA Dept has stated that in case there are NGOs who already have migrated to a PFMS compliant bank and its name still appears on the list, they should send an e-mail to support-fcra@gov.in enclosing proof of bank letter.

In case NGOs have not done so, they can still do so, and then request FCRA Department to restore your FCRA.

https://fcraonline.nic.in/home/PDF_Doc/fc_order_12102018.pdf

_______________ ‎
Socio Research & Reform Foundation (NGO)
‎512 A, Deepshikha, 8 Rajendra Place, New Delhi – 110008
e-mail: socio-research@sma.net.in

Posted in FCRA, TAX, LEGAL | Comments Off on FCRA Registration suspended of 156 NGOs whose have not migrated to PFMS

Is GST applicable on GRANT received by a Society

Dear Sir,

We are a Society registered under Societies Registration Act, 1860. Majorly, our receipts are GRANTs, both FCRA and non-FCRA.

We are registered under GST. Want to know, whether GST applicable on a GRANT (both FCRA and non-FCRA grants)?

Regards

Prabhat

Posted in FCRA, TAX, LEGAL | 8 Comments

Can an NGO continue to receive money under FCRA Renewal

Good afternoon

I wanted to know if an NGO whose FCRA is under renewal, can they continue to receive FC money.

Thanks

Sharad

Posted in FCRA, TAX, LEGAL | 3 Comments