Socio Research & Reform Foundation

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

Deadline for disclosure of assets and liabilities by central government employee and senior management personal of NGOs receiving government aid and foreign donation has been extended indefinitely.

The government brought an amendment to Lok Sabha after receiving number of representation made from NGOs, Civil Society and other stakeholders expressing concern over provisions in the Lokpal Act which could adversely affect the NGO sector. The Amendment pertains to Section 44 of the Lokpal Act which deals with declaration of assets and the provision of making assets public.

As per the article published in The Indian Express, Government is open for the suggestions to keep the spouses of government servants and NGOs out of the ambit of the bill. It will also depend on the recommendations of the Standing Committee.

—–
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 Sir,

Lokpal and Lokayukts Act, 2013 applicable to NGO from 20th June 2016.  We need your help on following points.  You are requested to give your suggestion so that it helps us to follow this act.

1. Definition of Public Servant as per Act.  Can all the members of the Board of Trustee became a public servant?.
2. In our case we think that our Two Directors and CEO are likely to be covered by the Act as they are the making the day to day decisions of the affairs of the Trust.
3. Act is applicable to those NGO who receive grant/donation from central government directly for more than rupees One Crore OR more than Rs. 10/-lacs from foreign sources.   Our trust is not receiving the funds directly from central government but from different departments of the state governments for more than Rs1/-crore.
4. Our Trust is receiving foreign fund directly from foreign country and also though its branched in India.
5. The applicability is,  If  both the  above conditions ( i.e Point -3 & Point-4)  is not fulfil in particular year whether our trust is cover under this act or not?
6. Office bearers of the trust have to file annual return of assets and liabilities by 31st July every year.  Our point is to whom or to which authority the return is to be filled?  Whether return is to be filled online or off line?
7. The Trust has to file original declaration or annual return may be filled before the Ministry or Department making the highest contribution as financial assistant  and a copy of the return may be sent to all other Ministry or Departments.   Our point is For FCRA fund there is no issue but if we received fund from Ministry under which format we have to file annual return/declaration.

Under the above act, the NGO/Organisation is also covered for the filing the annual return means over and their office barriers?

Your advice will be of great help to us.

With Regards

HARNATH JAGAWAT-TRUSTEE DIRECTOR.
————
N M SADGURU WATER AND DEVELOPMENT FOUNDATION
POST BOX NO. 71, DAHOD – 389 151

Micronutrient Initiative (MI) is a non-profit organization registered in Canada with its head office in Ottawa and branch office at New Delhi. Request to clarify if Lokpal Act is applicable for branch office or only for organizations registered with FCRA.

Thanks

Ramya Haricharan

An other query received on the same topic from Mr. Kushal
Dear Members,

I have two questions.

i. Can any one from this group advise if a Branch office or Liaison Office of an INGO will be covered under this new regulation under Lokpal and Lokayuktas Act 2013 (LLA, 2013?

ii. Will this regulation apply to Section 8 companies as well?

Thanks & Best Regards,

Kushal

Kindly provide your expert opinion

I could not reach through your web site as the same is not get opened

There is an N G O registered under 12 A

During the last financial year it has earned 2.4 lakhs as interest from its fixed deposits and
Savings Bank account

The F D and S B account is from the corpus donations and other accruals of prior years

There is no income other than the bank interest of 2.4 lakhs

No expenditure is there other than office maintenance – which is 3 thousand

Thus there us an income of 2.4 lakhs from interest and expenses of 3 thousand leaving a surplus of 2.37 lakhs.

The utilization is clearly very low

As income/ surplus is below taxable limit (2.50 lakhs), the N GO can claim T D S made by bank

No intimation of cary forward of unutilized fund is filed with the I T O any complications are there

an advise on the matter will be highly appreciated

Regards

H Iyer