Socio Research & Reform Foundation

Dear Members,

I am writing on behalf of India Foundation for the Arts, a grant making organization using FCRA and Indian funds. I would like to know whether we can make grants as per the legal provisions in India.

1. “Can foreign nationals be a principal researcher/grantee in case of a grant made to a non profit organization registered in India”?
2. Can grant be made to PIO and OCO card holders?

Looking forward to your valuable opinion.

Regards,

Shekar

Our NGO has saved non-specific donations in FDs for a ‘rainy day’. Some have exceeded 5 years and we are now told that we have to pay 45% in taxes for under-utilization of funds and if we delay the process it will be 90%. How are we supposed to be self sustaining if this is the case?

Aziza Tyabji Hydari

Dear Members,

In a Society registered in Lucknow under the Societies Registration Act 1860 some assets have been purchased in projects under FCRA . On completion of the project the society has been allowed to retain these assets by donors. What would be the treatment of these assets in the books of Society and how is it to be presented in the balance sheet of the Society as a whole.

With Thanks & Regards

CA Rajeev Sharma
B.Com. F.C.A.D.I.S.A.(ICA)
Rajeev Siddharth & Associates
Chartered Accountants
308 Sahara Shopping Centre
Faizabad Road
Lucknow 226 016

Dear Members,

We are an NGO working on sustainable energy, sustainable agriculture and waste management. An Indian company with 53% foreign holding is offering funds to one of our projects. Please advise whether do we need to treat this as foreign contribution or as an Indian contribution?

Best Regards,

Vidya Sagar Devabhaktuni
President, SKG Sangha
“Mandara” 3rd Main,
Muneshwara Nagar, Antharagange Road
KOLAR – 563 101
Karnataka State, INDIA

Dear Members,

A Society registered in Delhi under the Societies Registration Act 1860 likes to know whether it can have a person of Indian origin with USA citizenship on the Governing Board as an Institutional Representative.

The individual is Chief Functionary of an another Institution registered in India as a Trust that is also registered in the USA according to their own statutes The Individual lives in both the countries from time to time.

Thanks,

Vijay K. Sardana

Dear Dialogue members,

A number of foreign nationals come on a tourist visa and besides sightseeing thye work as volunteers in many NGOs. No payments are given to these volunteers. Are they allowed to work as volunteers on a tourist visa.

Thanks

Dr Kumkum Srivastava
Public Health and Education expert

A foreign consultant needs to be hired for a professional assignment for a FC based project in India. Kindly clarify on the following:-

1. Whether his remuneration and out of pocket expenses can be paid out of the FC funds
2. What approvals are required, if any, relating to his appointment and payment of remuneration and other expenses?

Warm Regards

CA Sharad Kabra

Dear Members,

Please let me know the procedure for amending the Trust deed. Whether Income Tax department permission is mandatory? The proposed amendment is only for Trustees re-appointment and sale of building.

Looking forward to your valuable advice.

Best,

Shekar

Dear Members,

This is related to Maharashtra State.

We are registered under Bombay Public Trust Act, 1950 and our Mumbai office has 12 employees and overall we have around 55 employees.

My Questions are:

1. Do our Trust need to register under Shop and Establishment Act.
2. Labour Welfare fund
3. Registration under ESIC (Trust had taken the Mediclaim for each every employees for the Sum of INR 2 Lakhs)
4. Any registration under Gratuity (We pay gratify to the Staffs as per the gratuity law, no registration had been done)

Thanking you,

With regards,

Ravistan