Centre forces state to become more humane with hawkers

Several state governments still have stringent punishment for hawkers hawking in the restricted areas. For instance, In Mumbai, for example, a hawker at present can be imprisoned for hawking in a no-hawking zone. This will no longer be considered as a cognizable crime, as objections have been raised by the Central Government. Maharashtra Govt. has now decided to do-away with the 6 months imprisonment for illegal hawking and hawking in a no- hawking zone. Such offences will invite only a monetary fine.

On the basis of a court directive, the state government had formulated legislation to regulate hawking, which was approved by both houses of the legislature in 2010.  It was drafted on the basis of recommendations by an expert panel comprising state officials, hawkers’ union representatives and eminent citizens. After the legislature’s approval, the legislation was sent for Presidential assent.  A clear distinction between illegal and legal trade was drawn, besides introducing new concepts like stationery and mobile hawking. ‘Hawking in a no-hawking area’ cannot be considered as a ‘major offence’, as hawkers are not financially sound and well-educated.

 Adequate measure are also planned to make registration mandatory for the hawkers. The Centre is expected to discuss this and further plans to set up avenues of training and employment for the economically weak urban populations. The welfare measures initiated by the Government might prove to be a great boon for the hawkers, but at the same time, they would end up paying a heavy fine of Rs 5000/-, besides imprisonment, if they are found indulging in illegal trade.

 

Posted in General | Comments Off on Centre forces state to become more humane with hawkers

Poverty Head Count Ratio

It is estimated that India has one third of the world’s poor. Recently, Tendulkar Committee Report has been published. This gives state wise change in poverty figure over the period 2004-05 and 1993-94. Given below is the table indicating this change state wise. As one notices, four of the top states where poverty has been reduced are from the North-East. However there are a few states where it appears poverty has gone up. These states are- Tripura, Goa, Madhya Pradesh, Mizoram and Uttaranchal.

Poverty Head Count Ratio

State

1993-94

2004-05

Decrease/ Increase(-) in Head count
Ratio

Manipur

65.10

38.00

27.10

Arunachal
Pradesh

54.50

31.10

23.40

Meghalaya

35.20

16.10

19.10

Assam

51.80

34.40

17.40


Pondicherry

30.90

14.10

16.80

Karnataka

49.50

33.40

16.10

Tamilnadu

44.60

28.90

15.70

Jharkhand

60.70

45.30

15.40

Andhra
Pradesh

44.60

29.90

14.70

Jammu

26.30

13.20

13.10

Haryana

35.90

24.10

11.80

Himachal

34.60

22.90

11.70

Kerala

31.30

19.70

11.60

Nagaland

20.40

9.00

11.40


Maharashtra

47.80

38.10

9.70

All India

45.30

37.20

8.10

Uttar
Pradesh

48.40

40.90

7.50

Bihar

60.50

54.40

6.10

Gujarat

37.80

31.80

6.00

West

39.40

34.30

5.10

Rajasthan

38.30

34.40

3.90

Delhi

15.70

13.10

2.60

Orissa

59.10

57.20

1.90

Punjab

22.40

20.90

1.50


Chhatisgarh

50.90

49.40

1.50

Sikkim

31.80

31.10

0.70


Uttaranchal

32.00

32.70

-0.70

Mizoram

11.80

15.30

-3.50

Madhya

44.60

48.60

-4.00

Goa

20.80

25.00

-4.20

Tripura

32.90

40.60

-7.70

Posted in General | Comments Off on Poverty Head Count Ratio

82 year old helps save water bodies.

Most of us don’t take initiative on the pretext that a single man cannot make any significant impact to its environment or surroundings. Well, Ram Kishan, an octogenarian and a retired school teacher is an exception, who chose to travel 35 km to the Delhi High Court for a cause- conservation of four water bodies in Ranikhera, Kanjhawala, in North-West Delhi. Ram Kishan, through a relevant PIL, to the Chief Justice, came forth, without any personal interest to nurture a cause relating to the public and environment at large. Not only Kishan came to witness the proceedings, but also produced before the court some valid testimonials and documents pertaining to the water bodies. As a result, the bench asked the Delhi Government, Municipal Corporation of Delhi and Delhi Development Authority to visit the area and ensure that the water bodies are preserved. All this became possible due to the relentless efforts of Ram Kishan, who tried to preserve the aesthetic beauty of the water bodies and further stating the significance of protecting the environment and maintaining the ecological balance. The directive passed by the Delhi High court was possible due to the efforts of Ram Kishan. He is an apt example that others must try to follow and emulate his efforts and conduct.

Posted in Positive Stories | 2 Comments

Can an NGO have two TAN Nos?

Dear friends,

May I raise some query as under:

An NPO (NGO, having its registered office in Delhi has a TAN. Recently a project based in Delhi was started under the same NGO. Is it all right for the project to have separate TAN? If it does, how is the IT return and TDS matters handled at the organisation level?

Glad to have your input.

Thank you.

Kt
(T.Kaithang)
Finance Director,
Emmanuel Hospital Association,
808/92, Nehru Place,
New Delhi. PIN 110019

Posted in FCRA, TAX, LEGAL | 4 Comments

FCRA CANCELLATIONS – Further developments

Friends,

I continue with our Dialogue on cancellation of FCRA. There is no doubt that due to large scale cancellations many genuine organisations have also been put in a lot of difficulty and anguish. Several of them, if not all, have upto date filing of returns.  Despite the same, these organisations are facing uncertainty about their future, due to freezing of their bank accounts. These organisations do not know how to manage their activities. They have to pay salaries, rents, food for children and for other essential and genuine needs. If they withdraw funds from FCRA account, they are going against the law, since they cannot touch that money once FCRA is cancelled. However they may not have much choice considering the ground realities of running projects.

FCRA Dept. seems to live in its own world. While it is acknowledged that they have to weed out non-compliant, but I am sure they can do so in a manner that least disrupts the activities of the genuine organisations. FCRA Dept.’s defence seems to be that they have sent notices to all the cancelled organisations and they took this action only because either these notices have been returned, undelivered or remained unanswered. Such a large number of organisations were untraceable seems a bit difficult to digest, however even if it is accepted, why not consider suspending the registration under S. 13 of FCRA 2010 Act. In fact the very purpose of bringing suspension clause was realisation, at the time of drafting the legislation, that before cancellation a final opportunity needs to be provided considering its severity. However the Dept. has gone ahead and cancelled registration of more than 4100 organisations.

Further S. 14 (2) goes on to state that ‘No Order of cancellation of certificate under this section shall be made unless the person concerned has been given a reasonable opportunity of being heard’. How many have been given this opportunity is anybody’s guess.

This is not the first time that the Dept. has taken such brazen action. Last year, rules required that all organisations transferring funds even to registered organisations would require prior permission from the Dept. This despite several representations submitted to the Dept. by several organisations, including two by SRRF, that this is against the very principle of the FCRA Act which allows registered organisations to receive funds. Soon they realised the Rule was not practical since the Dept. could never handle the scrutiny of such a large volume of transfers. They had to initially issue clarification and subsequently amend the rule.

Address
Some confusion is there, if organisations have to have their registered office address with FCRA Dept. It is clarified that the Dept. asks for ‘postal address’ when one applies for the registration and not registered office address (see new Forms FC3 & FC4 – application for registration & prior permission ). Problem is that once this address has been put on record, and if your postal address has changed, you need to update the same with Dept., otherwise any notices issued by the Dept. may not be received. This is to be done manually by submitting relevant form for the same.

Silver Lining
Even in case of cancellations there may be a silver lining for some of the cancelled organisations who have otherwise complied with the law. It is suggested that all such organisations should immediately submit evidence that they have complied with various provisions of the Act.

A lot of pressure is being built on the Department on this account and let us hope it will result in some positive development, but in the meantime ensure that you have put up your case with the dept.

Hoping for early resolution

Subhash Mittal
 
 
Posted in FCRA, TAX, LEGAL | 7 Comments

A young innovative student designs sensor stick for visually challenged

17 year old Shantanu Gangwar was pained to see his blind friends bump into walls, furniture and other objects. This prompted the aspiring engineer from R K Puram to develop something that warns the visually impaired students about obstacles. Shantanu invented a smart walking stick, which is not only cost effective but is also easy to use. This marvelous invention has helped him to bag the prestigious Diamond Jubilee Invention Award for School Children 2010, from CSIR. The infrared sensors in the walking stick can detect objects within one-foot range. On detecting an obstacle, the sensor sends signals to a motor connected to it, which in turn vibrates, alerting the user. On the ‘Smart Stick’ project, Shatanu took help from his electronics teacher. The project took six months to complete and required an investment of only 800. Shantanu’s invention would prove to be great boon for the visually impaired students, if made on commercial scale. Let us hope some corporate with ‘vision’ will take up the commercial part of the project.

Posted in Positive Stories | 4 Comments

Farm labour shortage and MGNREGA

The agriculture sector in India has been characterized with high supply of labour than demand, low wages, and limited options of earning livelihood. In recent past, due to the increased rural-to-urban migration and the inception of MGNREGS in 2006 and other public works, visible change came into the picture. Schemes like rural MGNREGS are found to be attractive in rural locations. But the government’s move to provide labourers under MGNREGS has not been free from criticism either.

All over the world, agricultural scientists and economists are concerned about the shortage of farm labour, and farm labourers are moving towards urban centers in search of nonfarm labour, the crisis is now reaching new levels. Some blame the implementation of the MGNREGA. The Union Rural Development Ministry states that MGNREGA is not solely responsible for the labor shortage and has validated the same with the following:

•    A study that found high non-farm wages having a more significant role in the diversion from agriculture than MGNREGA. Data from financial year 2010-11 suggests that 70 % of the work in the scheme have been generated during the agriculture lean season.

•    The Union Rural Development Ministry stresses that MGNREGA has rather given the bargaining power to the rural labour working all these decades with suppressed wages. For instance, land owners used to tie up labourers at a pre-determined rate for agricultural seasons to minimise production costs. But it is no longer so.

In spite of the ministry supporting MGNREGA and its positive implementation, the Tamil Nadu Agricultural University (TNAU) recommended that MGNREGA should be put on hold during the agricultural season, so that enough labour will be available for farm operations. It can be implemented during the lean period that will ensure them work for 120 days.  On the demand to suspend all MGNREGA works during the peak agriculture seasons, the ministry says it would be unfair to the surplus labour that may not find employment even during such time. It would be thus unfair to blame MGNREGA solely for the farm hand shortage. The shortcomings cannot be denied but the programme carries a more direct and positive impact on reducing the distress migration by providing work closer to home with decent working conditions. In Anantpur, Andhra Pradesh, the migration level came down from 27% to 7%. Subsequently distressed migration came down to 45% in 2009-10. In Sidhi district of MP, migration reduced by 60%. Though MGNREGA is not free of criticism, it has its positive aspect too which cannot be neglected.

Posted in General | 2 Comments

Query – Documents Required for FCRA Registration

Dear Sir

ours is a Charitable trust registered at Jaipur Rajasthan and we work in two states Raj and UP and have four offices (Project wise locations) three in Rajasthan and one in UP. We are planing to apply for FCRA in next 10-15 days.

Pl let us know what documentation is required for address of Registered office / HO/project office for applying FCRA if our registered office and HO is owned by one of the trustees.

best

Asif Zaidi

Posted in FCRA, TAX, LEGAL | 6 Comments

Amendments in Juvenile Justice Act

Juvenile Justice (Care and Protection of Children) Amendment Bill, 2010, was passed by Rajya Sabha. It will end the segregation of disease-hit children from other occupants of juvenile homes. Replying to a brief debate on the Bill, Women and Child Development Minister Krishna Tirath said segregation of children afflicted with leprosy, sexually transmitted disease, Hepatitis-B, tuberculosis and unsound mind was not required anymore. The Bill seeks to omit and amend certain sections of the original Act, which had provisions for removal of such children from juvenile homes to treatment centers.

Posted in Child Rights | Comments Off on Amendments in Juvenile Justice Act

Financial Inclusion : Indian Perspective

The term “financial inclusion’’ has gained importance since the early 2000s. Financial inclusion is now a common objective for many central banks among the developing nations. As per a estimate by a TCS study India has second largest population around 135 million households which do not have access to formal financial services. It is now Govt’s agenda to bring people under financial inclusion.  Some of the major projects started by different institutions in India include:
•    In India, financial inclusion first featured in 2005, when it was introduced by K C Chakraborthy, the chairman of Indian Bank. Corporation Bank bagged SKOCH financial Inclusion Champion award-2011.
In January 2006, RBI allowed banks to appoint third party entities as Business Correspondents (BCs) to increase banking outreach through suitable technologies while adhering to the prevailing outsourcing guidelines. It has been mentioned earlier in our post “RBI working on major Financial Inclusion Scheme’’. For further reading, kindly follow the link:http://blog.srr-foundation.org/?p=318
•    The Adhar – enabled payment system plays a prominent role in facilitating financial inclusion.
•    RRBs and cooperative banks and other rural financial institutions to launch the Aadhar-enabled payment service to foster financial inclusion. It aims at insuring thousands of domestic workers, drivers in the NCR in cases of death, accidents or health emergencies.
•    Vijaya Bank has announced opening of 191 small branches under the Financial Inclusion (FI) village initiative. Gurgaon-based financial inclusion start-up Swabhimaanya has launched tailor-made insurance schemes for them.
•    SBI has recently proposed to open up 56 ultra small branches in 5 districts of Assam and one district in Manipur.

 

Posted in General | Comments Off on Financial Inclusion : Indian Perspective