Managing challenges of RTE

Posted on November 17, 2011 by SRRF

Right to Education assures every child education. Thus no schools (at least the Govt schools) can now deny admission to one is provided with was implemented some time back, its practical aspects are now manifesting themselves. One such aspect that Education Depts. Across the country are facing are the non-availability of space for schools.

In Delhi this has resulted in the Dept. asking schools to add floors to their present school buildings. Till now considering the safety aspects, Govt school buildings were only upto 2 floors, however now the Education Dept. has asked PWD to add floors. Of course the Dept. has stated that this will not be done in all cases and will be done only if the basic structure is strong enough.

However it is wondered if the agency has considered the safety aspects in the schools. Let us not forget a few years back a disaster stuck in Haryana where around 50-60 children died as the children starting running over each other while coming down from first floor to ground floor. At the same time let us also recognize that most private schools have multi-story buildings.

Amongst our members, we have All India Disaster Mitigation Institute, who have done a lot of work on safety in schools. Perhaps they can through light on this aspect.

Socio Research & Reform Foundation
(A Non Government Organisation)
512 A, Deepshikha, 8 Rajendra Place, New Delhi – 110008
Tele/Fax: +91-11-25821088, 25817157, 25722044
E-mail: socio-research@sma.net.in
Website: www.srr-foundation.org

Posted in Education | 3 Comments

Re-appointment of first trustees with the Charity Commissioner

Posted on November 16, 2011 by SRRF

Dear Sir/Madam,

Need your help.

We are registered on 24/12/2008 under Bombay Charitable Trust Act and like to know whether we have to file for re-appointment of first trustees with the Charity Commissioner.

Thanks,

Regards,

Arvind Balamkar
Finance Associate
for TeachForIndia

Posted in FCRA, TAX, LEGAL | 4 Comments

Insurance portability

Posted on November 8, 2011 by SRRF

Some of you may be aware that effective 1st Oct 2011 anyone can change its health insurance policy from company to another, without losing the benefits. According to the guidelines issued by IRDA, following process needs to be followed for change over

Apply to new insurer at least 45 days before the existing policy is to expire. This time gap will allow new insurer to verify the history of claims that the applicant has made.  While insurance company can still accept if you apply within 45 days, however the right to rejection is available with the insurance company during this period.

  • On receipt of application for portability, the new insurer shall furnish the Portability Form along with proposal form and other relevant product details to the policyholder. The policyholder has to fill in all the forms and submit the same to the new insurer. Within 15 days the insurer must communicate his decision on the application, otherwise it will be deemed to be assumed that the application has been accepted and it subsequently cannot be rejected.
  • No claim bonus will also be transferred to the new insurers. No claim bonus can be used either to reduce the premium or sum assured can be enhanced.
  • Treatment of pre-existing diseases will be done as per the present insurance policy. For example, if the previous insurer has allowed 4 years to lapse before covering any existing disease and say 3 years have already elapsed, than the new insurer can insure this disease also after waiting for a maximum of 1 more year.
  • If a person is covered by a group medical policy (say of an employer), s/he has right to move with the same insurer to individual policy. After one year, the person has right to move to another insurer.
  • It is not necessary that premium after moving to another insurance would remain same, that would be decided as per the premium policies of the new company.

 

____________________________________
Socio Research & Reform Foundation
(A Non Government Organisation)
512 A, Deepshikha, 8 Rajendra Place, New Delhi – 110008
Tele/Fax: +91-11-25821088, 25817157, 25722044
e-mail: socio-research@sma.net.in

 

Posted in Health | Comments Off on Insurance portability

HIV+ to get Insurance cover

Posted on November 7, 2011 by SRRF

Presently persons affected by HIV/AIDS are denied any insurance coverage and at times even withdraw existing policies. A PIL was filed against this practice of insurance company. At present, only one company out of the 24 insurance companies listed with IRDA provides health insurance cover to AIDS patients.

After receiving notice from Delhi High Court on such discriminatory practice, IRDA has now directed all the insurance companies to provide coverage to HIV+ patients to be covered for all ailments other than HIV+.

The Union Health Ministry has also backed IRDA’s proposal and stated that the insurance companies are bound to react positively. It now needs to be seen that how effectively the insurance companies come up with solutions.
____________________________________

Socio Research & Reform Foundation
(A Non Government Organisation)
512 A, Deepshikha, 8 Rajendra Place, New Delhi – 110008
Tele/Fax: +91-11-25821088, 25817157, 25722044
e-mail: socio-research@sma.net.in

Posted in Health | 1 Comment

NEW COMPANIES BILL

Posted on November 4, 2011 by SRRF

Proposed Company Law Bill and its impact on Voluntary sector

As requested by some of the SRRF Dialogue members, in this post major changes proposed in the Companies Bill 2009 which are likely to impact the Voluntary Sector, as well as some other pertinent facts likely to be of interest generally.

  • Objective of the proposed Act is to provide a statutory platform for Corporate Governance requirements essential for functioning of the companies with transparency & accountability, recognizing and protecting the interests of various stakeholders.
  • Numbers of companies have expanded from 30,000 in 1956 to more than 8 lakhs.
  • A new entity in the form of One Person Company to provide for a simpler compliance regime.
  • More stringent regime for companies with charitable objects to check misuse.
  • Based on suggestions rec’d from Parliamentary standing committee, Ministry of Corporate Affairs has proposed that every company having a minimum
    • networth of Rs 500 crore, or
    • turnover of Rs 1000 crore or
    • a net profit of Rs 5 crore during a year

Shall be required to formulate a CSR policy and to ensure that every year at least 2% of its average net profits during the 3 immediately preceding financial years shall be spent on CSR activities as may be approved and specified by the company. In case such a company does not have adequate profits or is not in a position to spend prescribed amount on CSR activities, the director would be required to give suitable disclosure / reasons in their report. CSR activities undertaken during the year have to be given in the Director’s report.

  • S. 25 to be replaced with Clause 4. New allowed objects included are ‘sports, education, research and social welfare’. More stringent penalties in case of defaults.
  • More stringent provisions for independence and integrity of auditor and for holding him more accountable in case of defaults. Auditor prohibited from rendering non-audited services. Auditing Standards now recognized in law.
  • Rotation of individual auditor and audit firm to be mandated in the Bill.
  • Statutory recognition to Audit Committee, which will be mandated to determine remuneration and terms of engagement, evaluation of auditors’ independence, functioning, etc.
  • Whistle blowing mechanisms incorporated in the Bill.

The above summary is based on various reports available, such as, Companies Bill 2009, Parliamentary Committee Report. The provisions mentioned are subject to change, since the decision on final provisions will be taken up only by the Parliament.

________________________________

Socio Research & Reform Foundation

(A Non Government Organisation)

512 A, Deepshikha, 8 Rajendra Place, New Delhi – 110008

Tele/Fax: +91-11-25821088, 25817157, 25722044

e-mail: socio-research@sma.net.in

 

Posted in Corporate Governance | Comments Off on NEW COMPANIES BILL

Delhi Government yet to take action for setting up Human Rights courts despite making promises

Posted on November 3, 2011 by SRRF

Though Delhi Government promised in June 2011 to Delhi High Court that within six weeks it will either establish or designate Human Right Courts. However 5 months have elapsed and there does not seem to be any movement on the issue.

The move came in response to a PIL filed by Asian Centre for Human Rights, who deposed before the court that Delhi Govt. was directed in 1999 by the Central Govt. to set up human rights courts. The Govt at the time promised that it will designate three courts for undertaking human rights cases. PIL stated that the Govt. has not moved in 11 years.

It may be noted that Human Rights Protection Act 1993 requires the state govts to set up human rights court and appointment of special public prosecutor. In fact there have been as many as 7.8 lakh cases registered with National Human Rights Commission between 1993 and 2008.

It is hoped that the Delhi Govt. will not take another 11 years and a PIL to take action for setting up the case.

____________________________________
Socio Research & Reform Foundation
(A Non Government Organisation)
512 A, Deepshikha, 8 Rajendra Place, New Delhi – 110008
Tele/Fax: +91-11-25821088, 25817157, 25722044
e-mail: socio-research@sma.net.in

Posted in Human Rights | Comments Off on Delhi Government yet to take action for setting up Human Rights courts despite making promises

Thanks for adding me

Posted on November 3, 2011 by SRRF

Dear Tanvi,

Greetings of the Day!
Many thanks for adding me in group!

Thanks & Regards,
—
Dr. Mahesh Dattatraya Patil.
(Consulting Physician, Trainer & HSP-PHP)

H.NO.8/710, Dyanvel-Niwas,
Near Bank of Baroda,
Housing Society Colony,
Ambajogai.
Dist:Beed, Maharasthra, India.
Pin:431517
Email: drmdpatil@gmail.com

Posted in General | Comments Off on Thanks for adding me

notional expenses

Posted on November 2, 2011 by SRRF

Dear Subhash ji,

I would like your inputs or maybe inputs from group members.

A common practice followed by various organisations which certain people
call allocations while others call notional expenses are as follows:
1) Charge against use of own buildings
2) Charge against use of infrastructure, convention centre, conference halls
3) Charge against use of own vehicles
4) Charge against use of photocopier, telephone, computers
5) Providing services at a pre-determined rate etc.
6) apportionment of common expenses

In a nutshell many times expenses are charged to the projects either through
a journal entry or sometimes through actual transfer from the project account

While some donors allow it, others object to it saying: if you pay rent to
a conference hall outside it it permitted, while if you use the facility available
with the organisation it is not.

Here again I find that even professionals – surprisingly when they are
engaged by the donor, they start talking in donors language and call them notional
expenses, while when they are engaged by the project holder they start talking
in terms if self reliance and sustainability.

I want to start a discussion on this – whether it is legally permissible to charge
expenses and what is  the common practices followed.

Yours inputs in this regard would be appreciated.
Warm regards
Martin Pinto

Posted in Accountability | 11 Comments

CBDT’s extensive scrutiny of NGOs

Posted on November 2, 2011 by SRRF
Dear Friends,
We share below a news item from recent Business Standard. The news item speaks for itself, so please brace for Govt’s wrath……

CBDT’s extensive scrutiny of NGOs

Santosh Tiwari / New Delhi October 31, 2011, 1:15 IST

 

Tax returns of 100,000 entities under scanner, as preparation for DTC, say officials.

The income tax departments headline-making notices to non-governmental organisations (NGOs) associated with Kiran Bedi, the ex-police officer who is member of social activist Anna Hazares team, is part of an extensive national exercise, say officials.

The exercise being carried out by the Central Board of Direct Taxes (CBDT) to detect tax evasion by all such entities, a senior official told Business Standard.

About 100,000 NGOs have filed tax returns in 2010-11 and the department has started picking up the cases for scrutiny on the basis of certain criteria relating to the type of NGOs and financial activities beyond a specified limit, he added, while declining to provide details.

The charitable activities of NGOs associated with relief to the poor, education, medical relief, protection of the environment and protection of archaeological monuments and any other purpose of general public utility are not taxable. Commercial activities of NGOs in any other purpose of general public utility, however, are taxable, said the official.

We are taking action under this provision of the Income Tax Act and this is going to happen on an extensive basis. Notices to Kiran Bedis NGOs have gone under this exercise, he said.

Under the I-T Act, charitable purpose includes the advancement of any other object of general public utility. However, the advancement of any other object of general public utility is not a charitable purpose if it involves the carrying on of any activity in the nature of trade, commerce or business. Or, any rendering of service in relation to any trade, commerce or business for a cess or fee or other consideration, irrespective of the nature of use or application, or retention, of the income from such activity, if receipts from such activity is more than the specified limit in the previous year.

The Finance Act, 2011, raised the specified limit from Rs 10 lakh to Rs 25 lakh for such activities. The official said under the proposed Direct Taxes Code (from April 1, 2012), the surplus income of NGOs were slated to be taxed at 15 per cent and the department was conducting the current exercise to prepare a map for handling these entities in the new taxation mechanism.

A study commissioned by the government put the number of not-for-profit entities at 3.3 miliion till 2009.

The actual number could be much larger now, as the study, commissioned in 2008, took into consideration only those registered under the Societies Registration Act, 1860 or the Mumbai Public Trust Act and its variants in other states.

 

Source: Business Standards Website

____________________________________
Socio Research & Reform Foundation
(A Non Government Organisation)
512 A, Deepshikha, 8 Rajendra Place, New Delhi – 110008
Tele/Fax: +91-11-25821088, 25817157, 25722044
e-mail: socio-research@sma.net.in

Posted in FCRA, TAX, LEGAL | 7 Comments

Accusations against Kiran Bedi of the India Against Corruption movement

Posted on October 27, 2011 by SRRF

The accusations against Kiran Bedi of the India Against Corruption movement reveals a different face of the NGO. She is accused of having claimed full ticket charges when she was getting subsidised air tickets thanks to her gallentry award subsidies on air fare. But she used the funds for her social work.

Is this method to raise funds for her work justified? Her colleagues have justified it saying   ends justify the means.

Does this show fund crunch among NGOs?  Is this justified? Need your views.

Sreelatha Menon
(journalist)

Posted in Accountability | 13 Comments