FCRA Bill 2010 (as passed by the Parliament)

As you may be aware, Parliament has passed Foreign Contribution Regulation Bill 2010 on 19th August 2010 replacing the earlier 1976 FCRA Act. The new Act has added, amended a number of provisions.

SRRF Dialogue brings out some the important changes, that will come into force once the law becomes effective, for your information through a series of communications over next few weeks.

Effective Date

  1. The new legislation though passed by the Parliament, it is yet to receive President’s assent. Then it will need to be notified in the Official Gazzette, and only after that it will become applicable. The date of publication in the notification will be the date of the Act becoming effective.

FCRA Registration to be renewed every five years

  1. FCRA Registration Certificate is no longer permanent, but would need to be renewed every 5 years. The persons who are already having their Registration Certificate would also need to apply for renewal of registration after 5 years from the date the new S.11 (1) becomes effective – most likely the date the Act becomes effective.

It could mean that a large number of organizations presently already registered under FCRA would need to apply for renewal almost around the same period. Does our FCRA dept. has so much infrastructure / manpower to handle thousands (if not lakhs) of applications at the same time.

New requirements for Registration

  1. Process for registration has been made far more rigorous.

Applicant

i. not be benami/fictitious

ii. not prosecuted / convicted for indulging in activities of conversion by inducement / force

iii. not prosecuted / convicted for creating communal tension or disharmony

In fact the above two conditions seem rather superfluous since subsequent sub-sections in the Act state that the applicant (in case of individual) or any of the office bearers of the applicant (in case of an organization) should not been convicted / prosecuted for any offense ! Then why prescribe the above two provisions.

iv. not engaged in sedition or advocate violent methods

v. has not been found guilty of mis-utilization /diversion of funds

vi. not likely to use the foreign contribution of for undesirable purposes

vii. not contravened any of the provisions of this Act

viii. has not been prohibited from accepting foreign contribution.

Earlier conditions that the foreign contribution should not affect prejudicially sovereignty, integrity, etc. have been retained.

In addition to above the person making application, should have taken reasonable level of activities in the field for which application is being made. In case of prior permission, the project for which permission is sought should be a reasonable project for the benefit of the society.

More to continue………………

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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 | Comments Off on FCRA Bill 2010 (as passed by the Parliament)

Govt. to provide sanitary napkins

Sanitary napkins will now be provided to young girls in rural areas at Re.1 per pack to promote menstrual hygiene in the country, GoI’s Health ministry has approved a Rs 150 crore scheme under NRHM. A pack of six high quality sanitary napkins will be provided to below poverty line adolescent girls in rural areas at Re.1. Above poverty line girls will be charged Rs.5 per pack, a ministry official said. A total of 235 districts have been identified as ‘focus districts’ and workers will be recruited in them.  ASHA are likely to be involved in distribution of sanitary napkins with an incentive of Re.1 for every pack they distribute. However this is an option and state governments could develop alternative mechanisms.

The scheme will be implemented in three phases

In the first year, the programme will be implemented in 150 districts, which is 25 percent of the country. Of these, 30 districts will be from the four southern states, Maharashtra and Gujarat, and 120 districts will be in the northern, central and north-eastern states. The first phase is expected to cover over 1.5 crore girls with approximately 30 percent of them being below the poverty line.

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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 Govt. to provide sanitary napkins

Poverty Politics

National Advisory Council, with Sonia Gandhi back in the saddle, has been revitalized. It is to play a pivotal role in Govt.’s decision on legislation for Right to Food. Empowered Group of Ministers led by Pranab Mukherjee has asked Planning Commission to come out with criteria for defining poverty. However before planning Commission comes out with final word on this, NAC is likely to discuss the issue. It is likely to cover several issues including specific vulnerable groups as well as broadening the ambit of food security from just cheap food grains to pulses, edible oil, etc.

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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 Poverty Politics

Medieval Mindset

In yet another incident showing medieval mind-set, a caste panchayat in Khurai town in Sagar disitrict of MP, a woman was forced to undergo `agni pariksha’ to prove that she was not a thief. A woman was alleged by her neighbour of stealing from his house. Panchayat who heard the matter ordered her to perform `sara’ ritual. Seven `peepal’ leaves were tried to her palms, she had to was seven steps holding hot iron rods in her hands.

The incident happened in a town and not a tribal village. Often such incidents are explained away on account of tribal culture in remote villages. SDM of Khurai village admitted that what happened was unlawful and action would be taken, but so far it is still awaited.

Source: India Express 9 July 2010

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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 | 1 Comment

National Advisory Council deliberates on Food Security Bill

NAC, in its third meeting on Wednesday, has broadly agreed on the need to universalise food subsidy, though it is yet to finalise its recommendations.

One of the agreement reached is to provide distribution network to cover at least a quarter of every poor district or block in the first year. Although method of distribution is yet to be finalised. The food cover proposed is 35 kg of cereals at Rs 3/- per month per household both in rural & urban areas.

The agreement seem to be a middle ground between govt’s more cautious approach and country-wide coverage covering both BPL as well as APL as suggested by many. It was recognised that creating a country-wide application would require a massive distribution network, which at present is not available.

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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 National Advisory Council deliberates on Food Security Bill

Lack of Ownership in Decision making leads to Tragedy like Khajuri Khas

Remember the stampede in a girl’s school in Khajuri Khas last year, which resulted in death of 5 girls and at least 35 with serious injuries. Well the enquiry report is out which mainly points to lack of planning and timely interventions, being the main reasons behind the tragic incident. At the time there were reports that eve-teasing / molestation by some boys caused a panic among girls causing stampede. While the report has not ruled out this possibility, it has also raised issues what caused it and how simple planning measures could have prevented the same.

In Khajuri Khas, there are different shifts for boys & girls in the same school building. However the authorities decided to conduct common exam for the students of the two shifts. Students generally took the exam in the open ground, however due to heavy rains, the students congregated in the building. Since it was raining, the roofs were leaking and verandahs flooded. Insufficient lighting added to the chaotic situation. Teachers were unable to provide sitting arrangement resulting in a predictable melee. In such a situation, the report observes, that it is very much possible that some boys not only misbehaved, but might have molested some girls, causing panic and the stampede. Thus all this combined with a badly designed staircase caused the stampede resulting in unfortunate loss of life.

Report raises some vital & key issues

  • Why the two schools that too of boys & girls who are not used to interacting with each other were made to assemble at one place? Why the district education authorities made this happen?
  • Did anyone assess the sitting capacity in the school building before making such arrangements?
  • When it had been raining overnight why the students of two school were allowed to assemble?
  • Even at the late stage when children had assembled, and realizing the lack of sitting capacity why the exam could not be postponed?
  • Electric and other maintenance are the responsibility of DSIIDC. Is changing of bulbs or some minor electric repairs by such a centralized agency the most effective /efficient way?

Answers to most such questions are also the pointers to lack of ownership among school authorities, who are the best judge of the situation that they are facing and not a district officer, who is far removed from the situation.  Since the decision-making is centralized at the district level, school authorities consider that their task is only to inform the relevant officer at the district. The district officer’s phone was switched off at the time of incident and hence no decision could be taken by the school authorities.

The report’s findings provide ample evidence of how decentralization of decision-making, better planning and timely intervention could have avoided a tragic incident.

_________________________________

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 Lack of Ownership in Decision making leads to Tragedy like Khajuri Khas

Insensitivity of Police personnel

Probably most of us would have heard about the incident in which a woman who was hit and chased by a policeman ended up delivering a baby in open. We all must have come across such stories of total insensitivity of our police personnel. Another incident comes to memory when a person lost his life around Ashok Vihar in New Delhi, when he went to relieve himself near railway tracks. A policeman posted there to ensure that persons do not defecate first chased him and then hit him by a stick. The person died on the spot.

What is the cause of such insensitivity ? Is it numbing of the sensibilities of the police personnel who are constantly exposed only to the dark side of the society and hence have become immune from any value system when it comes to dealing with public at large. Sensitisation of police personnel possibly is one solution.  Or worse is it just a class value-system where a police personnel regards all beggers / street-dweller a class much below him and hence treats them almost like animal. Will sensitisation help in such a situation ?

How does one ensure that such incidents are not repeated time and again. Would like to hear from others who may have been witness to similar situation or may have something to share on how such incidents could be avoided?

____________________________________

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


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Child Marriage

As per District Level Household & facility Survey (DLHS) conducted for 2007-08, child marriage continues to be a widely prevalent practice in India.

As per the survey of women aged between 20-24, women who had married before 18 years of age was as high as 43% (Rural : 48%; Urban: 29.4%).

The worst five states are Bihar (68%); Rajasthan (58%); Jharkhand (56%); UP (55%) and West Bengal (55%).

The best performance is of Himachal Pradesh at 9%,

–          Courtesy Indicus Analytics

(Figures rounded off to zero decimal points)

We also take an opportunity to wish you a very happy & prosperous new year 2011.

Happy New Year 2011

___________________________________

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 | 10 Comments

Missing Children

Delhi seems to be becoming a hub for human trafficking. In first twenty odd days of January itself as many as 117 children have gone missing from Delhi (almost 5 per day). These are the figures as reported to police and exclude children gone missing but not reported by their families. Most of the children appear to belong from impoverished colonies of Delhi. Families fear that their children have been kidnapped or forced into prostitution, bonded labour, beggary and child marriage.

However Police do not seem to be sufficiently sensitised in this regard, as there is no special cells which is looking into the underlying causes for this trend in increase in the numbers of missing children.

______________________________________________

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 Missing Children

Time govt stopped foreign funding of Civil Society groups

DNA / R Vaidyanathan / Tuesday, May 10, 2011 2:45 IST

Among the largest members of the Indian economy is the NGO sector or what is known as the Third Sector or Civil Society (other than government and private) in academic circles. Two important criteria are that they should be independent from government and organisations not meant for making profit. But many get money from the government or from foreign governments. The type of activities they are involved is mind-boggling which can extent from “aging issues” to “corruption” to “human rights” to “waste management”. Many of them call themselves “Civil Society” and involve in socio-political activities even though they do not directly participate in the electoral process. Many of Church-related organisations involve themselves in human rights issues as a civil society organisation.

The funding for many of these civil society groups is substantially international. The international flow of funds is regulated by the Foreign Contributions Regulation Act [FCRA Act] of the Central Government which the ministry of home affairs is re-formulating now. In the ten years from 2000 to 2009 such organisations received more than Rs 69,000 crore and in the year 2008-09 [of which data is available] it was Rs 10,800 crore. The total number of such organisations was 36,000 in 2008-09 and of them only 20000 [55%] reported their accounts. The list of donor countries is headed by the US (Rs3, 433 crore) followed by the UK  (Rs1,131 crore) and Germany (Rs1,103 crore). The highest amount of foreign contribution was received and utilized for establishment expenses (Rs 5,022 crore)), followed by rural development (Rs 2,834 crore) etc. Establishment expenses consist of buying land, buildings, jeeps, setting up offices, mobiles, laptops, cameras, salaries, consultancy fees, honorarium, and foreign travel etc., constituting nearly 50 % of the expenses and in some cases as high as 70%. This goes against the grain of service motto where the ultimate recipient is supposed to get the maximum. Now, such organisations even recruit “executives” from management institutions.

However, they are not covered by Right to Information Act as they are not part of government. For instance, this writer has tried unsuccessfully to get the annual accounts from the web site of the top 25 recipients, many of whom are often reported in newspapers and TV and stressing the importance of “transparency” in the functioning of the government. Many do not have any information on their web sites. Some of the web sites contain nothing on finances.

Take the site called Friends of Narmada which proclaims: “First, we want to make it clear that we are NOT the Narmada Bachao Andolan (the NGO led by Medha Patkar)”. ‘Friends of Narmada’ has a solidarity network which includes the International Rivers Network which received donations of more than $1 million each from eight organisations including from the Ford foundation during 2008 -according to its web site. Why cannot Friends of Narmada voluntarily post its balance sheet and other accounts on their web site? Ditto all top notch civil society groups who day in day out harangue us on TV talk shows about transparency and disclosures that the government and corporate sector etc., should make.

Recently Russia has approved a bill that introduces stringent control over the activities of foreign funded non-government and non-commercial organisations in a move designed to pre-empt any “coloured revolution” in the country. It says, and to quote “The Kremlin has learnt its lessons from a string of “coloured revolutions” in the former Soviet Republics— the “rose revolution in Georgia, the “orange revolution” in Ukraine and the “tulip revolution” in Kyrgyzstan— all inspired and orchestered by western-funded Civil Society groups”. Incidentally, there is an act in the USA called Foreign Agents Registration Act [FARA] and it provides for penalties up to ten years in jail for acting as a foreign agent or getting foreign funds without notification to the Attorney General. FARA was originally passed in 1938 to prevent the spread of Nazi ideas and propaganda.

It is important that the Government of India bans foreign funding of civil society groups and NGOs who want to reform India. We are no more the “white man’s burden”.

— The author is professor of Finance and Control, Indian Institute of Management-Bangalore, and can be contacted at vaidya@iimb.ernet.in. The views are personal and do not reflect that of his organisation

URL of the article: http://www.dnaindia.com/india/analysis_time-govt-stopped-foreign-funding-of-civil-society-groups_1541344-all

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Posted in Foreign Funding | 22 Comments