Transfer of FC money outside India

Posted on September 7, 2011 by SRRF

Dear Friends,

I am facing a practical problem. We have recently signed an agreement with EU for a 5 year project. As part of the project proposal we had included GUES, Denmark as one of the partners (In EU language, it is associate) in the project.

1. Can CWS transfer FC funds received in India to GUES?

2. What are the FCRA implications to this?

I would request your feedback on this.

Thanks and regards,
______________________

B V Soma Sastry
Centre for World Solidarity
12-13-438, Street No. 1, Tarnaka
Secunderabad 500 017
Andhra Pradesh
www.cwsy.org

Posted in FCRA, TAX, LEGAL | 9 Comments

CSR and Brand Building

Posted on September 7, 2011 by SRRF
Amid increasing focus on business transparency, a recent survey undertaken by KPMG called ‘India Corporate Responsibility Survey 2011’ indicates that only 16% of the top 100 listed companies in India have a corporate responsibility strategy in place. The global scenario is much brighter, as 73 % of the world’s 250 largest companies have defined objectives, 65 % have key performance indicators related to set objectives and around 60 % report on such identified indicators.

Some of the corporate are now realizing the importance of brand building of the company by integrating it with CSR. For example, Mahindra Group plan is to mould the image of its company as a purpose-driven and socially responsible firm. Mahindra will give away 48 grants totalling Rs 4 crore as seed capital. It has been advertising the initiative, which it says is more a corporate brand initiative than a CSR one. TATA steel also recently released an ad campaign that talks about its values and brings to fore its CSR initiative to empower women and communities.

This trend of demonstrating that the brand is socially responsible is an important development. It is an opportunity for the sector as it can work with the corporate sector on how to make its programmes relevant both socially and help in enhancing the Social Brand Capital of the company. Those companies that authentically and deeply tie their social causes to the essence of their brand will be the winners.

It may be of interest to note that the government, which had been trying to make it compulsory for Indian corporate to spend 2% of net profits on CSR also dropped the idea in mid-July and made the spending voluntary.

____________________________________
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 | 1 Comment

Making ”Smoking Ban” more effective

Posted on September 6, 2011 by SRRF
A few days earlier a Post was shared on Global strategy for curbing use of tobacco products. Ban on public smoking is one major component of this strategy. In this post we share how this legal recourse is panning out in Delhi. It may be noted that the Courts are taking active interest in enforcing this ban.

In an affidavit in a PIL (filed by NGO World Lung Foundation’s South Asia chapter) Delhi Govt stated that more than 16000 persons were fined  during 2010 for smoking in public places, this was more than three times compared to 2007 when around 5900 were fined. These persons paid fines to the tune of Rs 36.7 lakh.

Delhi Govt also prosecuted 2700 vendors for selling tobacco, etc. within 100 meters of a school, college.

The Govt. also informed that to make the ban more effective, schools and colleges have been asked to appoint nodal officers to enforce the ban.

One can understand that the task of implementing a smoking ban is gigantic, perhaps a more rigorous awareness campaign against smoking in public and effect of indirect smoke inhalation would be more appropriate.

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

Posted in Health | 1 Comment

Right to Recall Elected Representatives

Posted on September 5, 2011 by SRRF

Anna Hazare has recently reignited the debate of Right to Recall elected candidates. This demand was first given out by Jayaprakash Narayan in mid-seventies. However the process to recall the elected candidates did not progress much despite the Janta Govt. coming into being. However rather than going into rights and wrongs of the same, it may be more relevant to consider practicality of implementing any such legislation.

Bihar has recently proposed legislation for recall of councilors if 2/3rd of the registered voters sign a petition and submit the same to the Urban Development Dept. of the state, the Dept. would take necessary steps to remove the councilors. A present legislation already exists, which allows removal of a councilor if 2/3rd fellow councilors sign a petition in this regard.

In Chattisgarh process can be initiated only after a councilor has completed a minimum of 2 years. 3/4th of the councilors need to right to District Adm. (DA) asking for the councilors recall. Once DA recommends the case to the state election commission, it holds a confidence vote in the constituency and if the majority votes against the councilor s/he is removed. At least 3 Presidents of Municipal Councils have been removed using this process. The process also applies to Head of Panchayats in the State.

Some of the arguments against recall while this may be feasible in small constituencies how will genuineness of the signatures in large constituencies will be verified, where the number of voters is very large. Second, often the governments have to take unpopular decisions; such a law would make parties shy away from taking such decisions affecting the governance processes.

On a connected issue we provide you here with a link to a website which provides financial, educational & criminal background of all the candidates standing for an election. http://myneta.info/ls2009/

____________________________________
Socio Research & Reform Foundation
(A Non Government Organisation)
512 A, Deepshikha, 8 Rajendra Place, New Delhi – 110008
Tele/Fax: +91-11-25821088, 25817157, 25722044
Posted in Accountability | 1 Comment

Controlling spread of Tobacco to reduce Death & Suffering

Posted on September 3, 2011 by SRRF

Tobacco is one of the largest killers. Globally nearly 6 million people die each year from its use and exposure and could reach 8 million by 2030. WHO which is spearheading the fight against Tobacco, it has developed Framework Convention on Tobacco Control (WHO FCTC) in 2005. The convention has been signed by 172 member states.

The convention includes provisions for reducing demand as well as supply of tobacco products. It has catalysed actions across the globe and elevated the importance of tobacco control as a global health issue. It has stimulated policy changes at the national levels and brought new public and private resources and also helping financially low & middle income level countries.

9 countries, including India, have formulated comprehensive national laws to implement the provisions of the Framework Convention. These laws include banning smoking in public places, prohibiting tobacco advertising, sponsorship and promotions enhancing the warnings of the packs of tobacco products.

India and Thailand have shown innovative ways of financing campaigns against tobacco use. While Thailand uses 2% of its tobacco and alcohol tax for health promotion, India is using 10% cess on tobacco products for financing NRHM. India which was ranked low in health warnings has recently started working on making these warnings more strong using pictures as well as increasing the size of such displays. However GoI which allocates only around Rs 50 lakhs annually for campaigns against tobacco use could certainly do more.


____________________________________
Socio Research & Reform Foundation
(A Non Government Organisation)
512 A, Deepshikha, 8 Rajendra Place, New Delhi – 110008
Tele/Fax: +91-11-25821088, 25817157, 25722044
Posted in Health | Comments Off on Controlling spread of Tobacco to reduce Death & Suffering

First permanent de-addiction centre for Juveniles

Posted on September 2, 2011 by SRRF

Recognizing the special need of Juveniles affected by drug/alcohol addiction, High Court’s persistent efforts have bore fruits. Delhi government joining hands with Society for Promotion of Youth and Masses (SPYM- a Delhi based NGO) has opened a first permanent drug de-addiction centre for juveniles at Sewa Kutir  near Kingsway Camp in North Delhi.

Prior to that there was no regular drug de-addiction centre for juveniles in the city who take to drugs under distress and other circumstances. The centre has come as a ray of hope for such juveniles.

Society for Promotion of Youth and Masses had set up a detoxification-cum-rehabilitation centre at the auditorium of the Sewa Kutir complex. Government has granted the financial sanction for the construction of a kitchen, toilet and the conversion of the auditorium. Supreme Court judge was the chief guest, while Delhi High Court Chief Justice and High Court judges were also present during the inauguration.

____________________________________
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 Social Issues | Comments Off on First permanent de-addiction centre for Juveniles

Final push to wipe out Polio from India

Posted on September 1, 2011 by SRRF

With no polio cases in more than seven months, it would be easy for India to become complacent. However, the Government of India is determined more to give a final push to ensure that polio is eradicated from India.

Inching closer to polio eradication with the lowest-ever number of 42 polio cases recorded in 2010, more than 90 % reduction from 741 polio cases in 2009. This year, only one polio case has been reported from West Bengal, according to health officials.

The focused and collaborative efforts of the Indian Government, the spearheading partners and community organizations have continued to act quickly to identify high-risk groups and devise strategies to address each. One such group consists of migrant workers traveling to and from Uttar Pradesh and Bihar becomes difficult to track them.

Another main challenge in front of our government and health officials is the increasing number of refusals from families to immunize their children. According to Municipal Corporation, Medical Officer in Malegaon 1,020 families refused to vaccinate their children in the month of Feb, 2011 which was 966 in Jan. In December last year 947 Muslim families refused for the pulse polio dose.

____________________________________

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 Final push to wipe out Polio from India

Notification issued on compounding matters

Posted on August 31, 2011 by SRRF
Dear SRRF Dialogue members,
Greetings!!!

Group members please find latest notification on compounding of FCRA violations by the Ministry of Home Affairs on FCRA ACT, 2010  S.O. 1976 (E), Dated 26-8-2011.

 

SECTION 41 OF THE FOREIGN CONTRIBUTION (REGULATION) ACT, 2010 – COMPOSITION OF CERTAIN OFFENCES – SPECIFIED OFFENCES & AUTHORITY

NOTIFICATION NO S.O. 1976(E), DATED 26-8-2011

WHEREAS “foreign contribution” has been defined under clause (h) of sub-section (1) of section 2 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) (hereinafter referred to as the “Act”).

WHEREAS “person” has been defined under clause (m) of sub-section (1) of section 2 of the Act.

WHEREAS section 11 of the Act prescribes that no person, save as otherwise provided in the Act, shall accept foreign contribution unless such person obtains a certificate of registration or prior permission of the Central Government and therefore, acceptance of foreign contribution without obtaining registration or prior permission from the Central Government constitutes an offence under the Act.

WHEREAS sub-section (1) of section 41 of the Act prescribes that notwithstanding anything contained in the Code of Criminal Procedure, 1973, any offence punishable under this Act (whether committed by an individual or association or any officer or employee thereof), not being an offence punishable with imprisonment only, may, before the institution of any prosecution, be compounded by such officers or authorities and for such sums as the Central Government may, by notification in the Official Gazette, specify in this behalf.

NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of section 41 of the Act, the Central Government hereby specifies that the following offences by any ‘person’ may, before the institution of any prosecution, be compounded for the payment of sums as penalty, as indicated against each of the offences under the Act:-

S.No. Nature of offence Quantum of penalty
(i) Acceptance of cheque or draft towards foreign contribution by a ‘person’ without registration or prior permission of the Central Government even in cases where the cheque or draft has not been deposited in a Bank by the ‘person’. Rs. 10,000 or 2 per cent of the foreign contribution involved, whichever is higher.
(ii) Acceptance of cheque or draft by a ‘person’ towards foreign contribution without registration or prior permission of the Central Government and depositing the same in a Bank notwithstanding non-utilisation of the amount of the foreign contribution. Rs. 25,000 or 3 per cent of the foreign contribution involved, whichever is higher.
(iii) Acceptance of foreign contribution by a ‘person’ without registration or prior permission of the Central Government and utilisation of the same notwithstanding any inquiry which revealed that the contribution received was not diverted towards any purpose other than the objectives or purpose for which the same was received, utilisation of the contribution was as per the objectives of receipt of the same and records of receipt and utilisation have been kept properly. Rs. 1,00,000 or 5 per cent of the foreign contribution involved, whichever is higher.
(iv) Acceptance of foreign contribution in kind by a ‘person’ without registration or prior permission of the Central Government notwithstanding that nothing adverse was reported after inquiry. Rs. 10,000 or 2 per cent of the foreign contribution involved, whichever is higher.

 

(2) In exercise of the powers conferred by sub-section (1) of section 41 of the Act, the Central Government hereby specifies that the Director or Deputy Secretary in charge of the FCRA Wing of the Foreigners Division in the Ministry of Home Affairs shall be the authority for exercising the powers for compounding of an offence under the Act.

{F.No. II/21022/10(1)/2010-FCRA-III}
G.V.V. Sarma, Jt. Secy.
With warm Regards,
Tanvi

____________________________________
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 | 2 Comments

Spinal Tuberculosis on the rise

Posted on August 30, 2011 by SRRF

Tuberculosis has always been associated with lungs, but the rising concern nowadays is spinal tuberculosis, which affects the lives of around 1.5 lakh patients in India. The Indian Spinal Injuries Centre took an initiative to create awareness on spinal tuberculosis and its implications. Tuberculosis of the Spine, with its disastrous and often irreversible complications, is becoming a cause for concern. Persistent backaches even while resting, fever, hump in the back and loss of appetite should alert one to consult a doctor without delay, said experts.

This problem is referred to as Pott’s disease, or tuberculosis spondylitis. It can lead to long-term complications such as destruction of the bones, deformity and instability of the spine and can also lead to complete paralysis of both legs and upper limbs, if ignored.

The biggest challenge for the medical community is that very few doctors know that TB can affect the spine. Also diagnosis is complicated because there is no absolute diagnostic criterion for the problem.

Urban lifestyle is the main reason behind the Spinal TB. The need of the hour is people must be aware of the problem and must visit their doctors at early stage to avoid complications.  There are very effective drugs against tuberculosis and the disease can be completely cured with early detection and prompt, required treatment.

____________________________________
Socio Research & Reform Foundation
(A Non Government Organisation)
512 A, Deepshikha, 8 Rajendra Place, New Delhi – 110008
Tele/Fax: +91-11-25821088, 25817157, 25722044

Posted in Health | 4 Comments

Defining Poor

Posted on August 26, 2011 by SRRF

The Government proposes to combine caste survey with survey to identify poor in the country (Below Poverty Line). The survey which has already being undertaken in Tripura is likely to gather momentum as other states start the process. The survey is to be completed by spring of next year.

The survey which is moving away from the earlier proposed calorie intake criteria to more transparent criteria like any family with motorized vehicle even a two-wheeler, refrigerator, a landline phone, 2.5 acres of irrigated land would be excluded from the definition of poor. Households without shelter would be automatically included in the definition of poor. Others would be given scores according to the deprivations, for example in urban areas, non-accessibility to basic services like drinking water, electricity, sanitation, etc. would decide inclusion into the BPL list. Other criteria to be considered include food availability, clothing, footwear, use of durables, access to education and institutional health.

Rural Development Ministry will be the nodal agency for undertaking the survey in rural areas, while Urban Ministry (Dept of Poverty Alleviation) would be responsible for survey in the urban areas.

____________________________________

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 Governance Reforms | Comments Off on Defining Poor