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

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

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

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

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

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

S. 80G applications

Dear Asif,

I am sorry for rather delayed reply.

Though intention of the legislature is quite clear that 80G exemption is
now available in perpetuity till withdrawn by the Dept., however our experience
for getting this exemption in perpetuity is as varied as the number of states
(and sometimes even within states).

To be on the safe side, it is suggested that please get apply for getting
S. 80G exemption renewed and get an order from the dept. which states that it is
renewed in perpetuity till withdrawn. This is the safest.

Cases where dept. is not accepting renewal application should take it in
writing from the concerned oficer that it is not required.

rgds

subhash mittal

Posted in FCRA, TAX, LEGAL | 2 Comments

Human Rights Violation may appear in companies’ annual report

Ministry of Corporate Affairs is in the process of drawing up new requirements regarding the inclusion of human rights issues into the wider corporate responsibility framework. The proposed guidelines would call on companies operating in India to submit an annual report to the government documenting their record on human rights, alongside evidence of their efforts to minimize violations.

Companies operating in India will be encouraged to comply with the new guidelines despite the fact that they are likely to be voluntary. The Ministry of Corporate Affairs will require companies who do not submit their human rights records to explain their non-compliance under the strategy of “apply or explain”.

Disclosure of human rights violations will serve as a positive deterrent to companies failing to ensure basic human rights along their supply chain. Companies that report incidences of human rights violations will be faced with reputational risk, thus promoting efforts to ensure adherence and the inclusion of human right monitoring within wider corporate compliance practices.

Companies that fail to perform due diligence along their supply chain will risk complicity in abuses with potential legal and reputational implications. In the long-term, increased scrutiny of corporate practices may help to reduce the frequency of human rights violations, making the investment climate more favourable for responsible businesses.

Although risks are that corporates which do not conform, possibly would not report non-compliance, since their does not seem to be any counter-check mechanism, but of course as an initiative it is better than nothing.

____________________________________
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 Human Rights Violation may appear in companies’ annual report

Employees Provident Fund

Dear Sir/Madam,

We are a registered Society. We have a high school with about 40 workers and are paying their due including the EPF, etc. However there are other employees such as driver, watchman, extra clerical staff, domestic help who look after the children etc. How do we pay these employees? will they have to be included in the Employees Provident Fund and added along with the staff of the school – even when they are not really staff directly of the school but of other works relating to the Society. We have a service benefit fund and the amount and the amount is deposited in a separate bank account month after month. Are we right in doing it or the 20 employees/10 employees rule apply also to us.

As a registered body do we have to pay according to the minimum wage act. Where could I get the details for the 4 states of Goa, Gujarat, Maharashtra and Karnataka specially for the class of driver, domestic help, helper etc. thanking you in anticipation My email id is meena.fma@gmail.com

Meena D’Silva

Sr. Meena D’Silva FMA
Auxilium Centre
Plot No. 84, St.Andrew’s Road
BANDRA, MUMBAI-400 050
PH:(022) 26559605

Posted in General | 4 Comments

Is it necessary to form a trust to opening a nursery school

I have a query on issue ” is it necessary to form a trust for opening a school”, my one of friend wants to start a nursery school with in our residence compound. Is it necessary to form a trust to Opening a nursery school ? Can he start it as a private organisation or otherwise to minimize the compliance ? Please suggest me for the same in detail.

Regards,

Pushkar

Posted in General | 3 Comments

Section 25 Company

HI All,

Can a section 25 company after its formation apply for FCRA registration to MHA?

If yes, does it need to satisfy of RS. 10,00,000 expenditure ( turn over) in its balance sheet?

Regards.

Ranjit Paik,
Freeset Bags & Apparel Pvt. Ltd

172 Ramesh Dutta Street, Kolkata-6
033- 40705187 (0), 90621 66577 (M)
www.freesetglobal.com, SKYPE:ranjit.paik

Posted in FCRA, TAX, LEGAL | 7 Comments