Socio Research & Reform Foundation

Considering a number of demands from SRRF Dialogue members and even beyond a workshop was organized by SRRF to update the members on 7^th July. Through SRRF Dialogue we have been bringing all our members upto date with the latest provisions on Lokpal.

During the workshop participants were apprised of provisions but also explained that there was a need to write to the Govt on non-practicability of the provisions as well as requesting for extension of date of 31^st July. SRRF is also submitting to Dept of Personnel & Training (nodal Dept) requesting extension of last date for filing of such returns, considering too little time for understanding the law, preparing returns not one but for three years and for entire family. We also request SRRF Dialogue members to send such requests on following address The Secretary, Department of Personnel & Training, Ministry of Personnel, Public Grievances and Pensions, North Block, New Delhi 11001 (email: secy_mop@nic.in)

Some of the faculty and several participants also shared their experience that ‘most Govt servants have not filed the returns and seem oblivious to the requirement’. While that cannot be the reason for not filing the return, however it indicated that it is quite likely that the last date for the return filing could be extended. It may also be noted that the Govt has extended the last date 7 times so far. In view of the same, while no one, except the Govt, can guarantee extension, however we all hope that it will be done. In fact several players both within the Sector and even from corporates are making strenuous efforts in this direction, including writ petitions.

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

Workshop on Facilitating Compliance with Lokpal and Lokayukta Act 2013 organized by Socio Research & Reform Foundation (NGO)-SRRF

SRRF’s Centre for Responsible CSO Boards (CSObGOV) organized  a half day session Facilitating Compliance with Lokpal Act by NGOs at India International Centre (Annexe) on Thursday 7th July 2016 form 2:00 PM to 5:PM

The workshop discussed the latest provisions in the Lokpal & Lokayukta Act 2013. It particularly looked at the applicability of the Act to NGOs, explaining the provisions, going through the format of Returns prescribed (field by field) and consequences of non-compliance. The aim of the workshop was to facilitate NGOs comply with the legislation and bring clarity on this issue to the Sector.

There were 70 (+) participants at the workshop from CSOs (NGOs), and individuals involved and working in this sector.

After a welcome by the President of SRRF, Mr Vijay Sardana, which set the context for the consultation in the light of the need for CSOs to be accountable and transparent, since they performed such an important development role in the country. Mr Sardana highlighted the fact that the Act could be a way to strengthen Boards with strong and good governance and leadership. His note was then added to by CA Subhash Mittal, by highlighting the fact that the Act and its ramifications needed to be looked at in the context of a difficult environment for NGOs and the need for greater accountability and transparency, and ways and means to bring a positive focus on the good development work that CSOs (NGOs) do.

First Technical Session by Mr Mittal covered – major provisions of the Act; applicability to NGOs; annual return filing; consequences of not filing; and current status of implications.

Mr Deepak Bansal then went into the details of the preparation of the annual returns and took the audience through this part, section by section.

The entire proceedings were interspersed with lively questions and repartees.

Some of the key concerns that were voiced were as follows:

• This Act seeks to cover individuals who either work in CSOs (NGOs) or are Board and Executive Committee members- the obligation to report was not of the organization but of the individual.
• As of now the returns have to be filed in with the competent authority mentioned in the Act by 31^st July 2016; most people felt this was unrealistic
• Board members were resigning, as would HNIs (High Net-worth Individuals) who have joined these Boards to contribute to development of society through resources and their expertise. They are not remunerated for these efforts in the NGOs that they support
• Putting this information on websites of MHA violates the confidentiality of this information for the individual concerned
• Many aspects of the Act are linked to interpretation for example to what extent staff is covered and which staff. Are all Board members covered or only those who hold the office of a Secretary, Treasurer or Chairperson.
• NGOs should take up the issues with the right and competent authority in the MHA – appreciating the ambit and focus of the Act but asking for clarifications as well as why it should apply only to CSOs (NGOs) who only deal with limited resources as opposed to the Corporate sector and its office bearers
• The implementation has been postponed many times when the Act earlier applied only to Public servants who were Government employees
• A final recommendation was to join up Groups on this issue and develop a concrete action plan to take to the right authority in the Government with recommendations for changes ASAP – include the comments from this workshop- in a preliminary letter to this authority followed by a meeting.

The session closed with a vote of thanks by Ms. Alka Pathak, Member, Core Team, SRRF’s Centre for Responsible CSO Boards and some high tea for the participants.

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Socio Research & Reform Foundation (NGO)
512 A, Deepshikha, 8 Rajendra Place, New Delhi – 110008
e-mail: socio-research@sma.net.in; website: http://www.srr-foundation.org

Dear Members,

Now that NGOs are under the purview of Lokpal Act, many clarifications are required:

1. What ‘executive’ mean as per the Act? Would it mean ALL staff?
2. Would all trustees become ‘executives’ or only those who are remunerated by AT?
3. Do the ‘executives’ have to fill in the returns every year till they are with the Trust or only during the year when the Trust received more than “One Crore only” from the Central Government or “Ten Lakhs” from foreign source?
4. What is the grant from Central Government? Only if directly received or through a State Health Society, NGO partner? WOuld it be applicable to all those partners who received parts of this One Crore/ten Lakhs also through the Trust?
5. What are the Return forms? If not available, when they would be?
6. What is included in the term Wealth, does it mean immovable and movable property, investments, ornaments, cash and bank? How to value the wealth? Value at the time of purchase? Or current value? Wealth of only the ‘executives’ or ‘the family’ or ‘the spouse’?

Kindly advice.

Thanks and regards

Dhruv Mankad