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

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FCRA 2010 Act has become effective 1st May 2011. Govt has notified the change

IMPORTANT INFORMATION

FCRA 2010 Act has become effective 1st May 2011. Govt has notified the change. Copy of the notification is attached.

Govt. has made only some minor changes in the Rules, these are as follows:

Description of organisation of political nature but not being a political party

  • Rule 3 (iii) has been amended by removing the words ‘comments’ on political activities. This was mentioned in our feedback to the Dept.  Thus now at least commenting on political activities is not a ground for declaring an organisation to be of political nature.
  • Rule 3 (v) has been amended by removing the words ‘socio-economic’ interests from the definition.
  • Rule 3 (vi) amended with word ‘etc’ removed from the type of actions mentioned. While all other methods as originally mentioned in the rules have been retained.  Thus only a small consolation that the officials would only go by specific actions specified in the rules only.

 

Speculative Activities

  • Rule 4(b) amended to add ‘chits or similar assets’ in addition to land.

Foreign Hospitality

  • Rule 7 (3) which earlier allowed a person to file application in urgent cases for prior permission even less than two weeks before the date of proposed journey, however now the final rule requires that application must be received at least two weeks before such date.

Further earlier this rule allowed the person to make the application within the said period, now it has been made it more clear by stating that the application should reach at least before two weeks.

Bank Accounts

  • Rule 9 (1) (e) has been amended to clarify that FCRA registered or persons with Prior permission can open either one or more bank accounts in the same bank or in more than one bank.

 

Fee for application of registration / prior permission

  • Central Govt. authorised to revise fee amount from time to time.

 

Maintenance of Accounts

  • New Rule 11 added requiring maintenance of a separate set of accounts and records exclusively for the foreign contribution received and utilised. It was there in the 1976 Rules, however draft rules did not have the same.

Renewal of Registration Certificate

  • A new category of persons has been defined for renewal of registration certificate. That is persons implementing multi-year projects would need to apply 12 months in advance before the expiry of the certificate.  Organisations would need to decide if they are falling in this category or not. The rule seems to have been incorporated for allowing the department to have more time / spread to renew the applications which otherwise all of whom would apply just before 6 months of the project. However it is better, since the organisations would have more certainty and can advise their donors about the continuation of their FCRA status.

Custody of foreign contribution where certificate has been cancelled

  • Draft Rule 14(3) which required funds to vest with District Magistrate wherever a persons ceases to exist or the certificate has been cancelled has been removed.

Preservation of records

  • In a welcome development Rule 17(7) requires accounting statements to be preserved for six years. Although rule is not exactly specific since it talks of accounting statements referred to in the preceding sub-rule. Although the preceding sub-rule (6) only talks of bank-statement, however since the context of this rule is submission of financial statements (refer Rule 17(1)), perhaps it can be interpreted that only financial statements and supporting records is the context of the rule.

Transfer of funds to registered / unregistered persons

  • Unfortunately this most unpractical clause has been retained in the final rules. Further in case of unregistered bodies, now while the organisation transferring the funds can apply on their behalf, however but the application needs to be countersigned by the DM of the area in which funds are to be utilised. Though it is specified that the DM would take decision within 60 days, no clarity is there what would happen if such decision is not forthcoming within the said period.  It seems the whole purpose of this clause (facilitating small and remote organisations receiving foreign contribution) has been defeated.


Form FC-4 : Application for Prior Permission

Earlier this form required that prior permission would be obtained if there was more than 50% change in the Executive Committee. Now only an intimation is to be sent within 30 days of such a change.

While we will not like to claim credit for any changes (in fact changes are few and far and we are rather disappointed that many of the changes suggested have not been effective) however we would particularly like to mention that couple of changes (Time limit for records and commenting on political activities) that Mr Kosala had mentioned were sent by us through e-mail and these have been put in effect, so thanks to him.

____________________________________
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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Govt. must provide details of formation of any Expert Committee

Recently Central Information Commission (CIC) has directed the Delhi Govt. to provide the details of setting up of an expert committee.

A Delhi resident recently sought to know whether the Sate government has set up a panel or a committee to decide the extent of hike in circle rates. The Govt. did not wish to provide the details stating that this information fell under the category of cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers, which are exempt from disclosure under the Section 8(1)(i) of the RTI Act.

CIC held otherwise and directed the Govt. to provide the information.

____________________________________

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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PM’s Kins Travel Expenditure needs to be disclosed

Satyanand Mishra, Central Information Commissioner (CIC) has directed PMO to provide details of expenditure incurred on PM’s relatives accompanying him on visits abroad, rejecting the argument by the PMO that it was as per conventions and hence it did not have any such records.

Ayub Ali, a resident of Shahjahanpur in UP filed an appeal under the RTI Act, to obtain facts of expenditure incurred on foreign trips on PM’s kins. Both the PMO and protocol division of the External Affairs Ministry stated they do not have these records. CIC ordered the PMO to collect details and provide it to the applicant within 20 working days.

____________________________________

Socio Research & Reform Foundation

(A Non Government Organisation)

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

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

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Using ICE technology for public good

Governments, at least the Indian ones, are not well known for taking initiatives in finding solutions for its problems using technology. A venture called Mapunity in Banglore is helping the governments reverse such perceptions. It is working on several fronts Urban traffic, law & order, healthcare, public administration, etc.

Its system for management of traffic congestion uses inputs from various sources – teledensity data from mobile towers, videos from police cameras at traffic junctions, location information from GPS-fitted buses and cabs, etc. to help identify traffic jams / potential jams in a real-time situation, so as to help centralised traffic monitoring & management system take measures in real-time to manage the traffic. Efforts are also being made to modify the system to help ambulances to pass quickly even in heavy traffic.

In healthcare system Vaccidate, helps in sending SMSs for reminding parents about the vaccination due dates of their children. In UP a similar system developed by another agency helped it achieve excellent results in improving its immunisation drive. In another initiative it is working with Chennai Govt., the govt. hospitals and private hospitals report into a system on what patients are being treated for. This would help health officials track disease outbreaks early in the cycle.

_________________________________

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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Steps taken to improve teachers quality

Bihar is conducting competency tests of its primary teachers. Tests basically consist of simple objective type questions in various subjects generally set for students below Class V. The test has been undertaken in demand to criticism of its selection criteria while appointing primary teachers. Bihar has appointed around 2.5 lakh teachers in the state in over 51000 primary schools.

To redress the criticism Bihar Govt. has now subjected all the primary teachers to the above test. Around 8% of teachers failed the exam, however the Govt. has decided to give these failed teachers one more opportunity of passing the exam, however if they fail, they will lose their job. The exam will be conducted only once in the lifetime and a teacher can continue till the age of 60.

____________________________________

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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MFIs – Malegam Report ………..(5)

Today’s  issue covers Support to SHGs / JLGs

Support to SHGs / JLGs

A study sponsored by SIDBI over 7 year period (2001-07) states that there was a unanimous demand from group members in all the villages, that skill development and training are imparted to the members of the group for undertaking any income generating activity and that only a loan was not sufficient for the purpose.

Microfinance India 2010 report points out that after the formation of groups, handholding is required to ensure that the group functions within the framework of group discipline and financial discipline. In fact the report states that the past success of SHG-Bank Linkage Programme (SBLP) was largely due to NGOs who worked with zeal and motivation, but this handholding is conspicuous by its absence in recent times. In a communication dt 22 Nov. 2006, RBI has also noted that many MFIs supported by banks were not engaging themselves in the capacity building and empowerment of the groups to the desired level.

Min. of Rural Development has suggested that in order to make branchless banking models work, banks need to re-engineer front end processes and establish a support architecture. National Rural Livelihood Mission has offered to co-invest in this concept.

 

Recommendations

§          Both under SBLP model as well as MFI model greater resources be devoted to professional inputs both in the formation of SHGs/JLGs as also in imparting of skill development and training and of handholding after the group is formed.

§          This would be in addition to and complementary to the efforts of the State Governments.

§          Architecture suggested by Ministry of Rural Development to be explored.

…………to be cont’d


Please do initiate your comments / queries to further broaden the understanding of the developments in the sector.

Particularly, we invite your comments on following

Are the recommendations adequate, considering that the report itself has acknowledged the contribution of the NGOs in making the success of past micro-credit and SHG-Bank Linkage Programmes?

____________________________________
Socio Research & Reform Foundation

(A Non Government Organisation)

512 A, Deepshikha, 8 Rajendra Place, New Delhi – 110008.
Tele/Fax: +91-11-25722044, 25817157, 25821088
e-mail: socio-research@sma.net.in

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MFIs – Malegam Report ………..(4)

Today’s  issue covers Credit Information Bureau and Coercive methods of recovery

 

Credit Information Bureau

As mentioned in the previous issue, MFIs need to be made responsible for curbing multiple-lending. For this it is essential that a data-base is available which provides information about the existing outstanding loan/s of a borrower, as well as the composition of existing SHGs and JLGs.

Micro Finance Institution Network (MFIN) formed in Nov’09 is an industry association which has almost membership of 50 organisations, constituting 80% of the MFI industry. Sa-Dhan is an association of community development finance institutions which also includes MFIs within its members. Both these institutions are in the process of building a Credit Information Bureau with requisite systems, whereby MFIs can report all the necessary information. It may be added that function of the proposed bureau would not be to determine the credit-worthiness of the borrowers.

Recommendations

§          One or more Credit Information Bureau be established and all MFIs be required to become members of the same.

§          In the meantime, MFIs individually will be responsible to ascertain existing borrowings from the borrowers.

Coercive Methods of Recovery

Issue of coercive recovery is linked to multiple/over lending as well as recruitment of untrained staff as well as remuneration structure of MFIs recovery agents (which is often based on recovery rates). Ultimately MFIs have to ensure that coercive recovery does not take place and hence any instances of coercive recovery determined, should result in severe penalties on them. In this regard one could learn from experiences of banks in respect of their retail portfolio which also faced similar situations in past. There should be an ombudsman like structure, which borrowers can approach for their grievance Redressal. These ombudsmen should be located within easy reach of borrower.

AP Micro Finance Institutions (Regulations of Money Lending) Act 2010 includes a list of actions which constitute ‘coercive action’. This includes ‘frequenting the house or other place where such person resides or works, or carries on business’. It also provides that all repayments shall be made by the SHG or its members at the office of the Gram Panchayat or at a public place designated by the District Collector. However committee is of the view, that a collection place which is far off from the borrower’s residence would result in additional burden to the borrower.

Recommendations

§          MFIs will be responsible to ensure that coercive methods of recovery are not used and if used management of MFIs should be severely penalised.

§          Regulator will monitor if MFIs have proper code of conduct / training of their employees to ensure no such coercive methods are used.

§          All recoveries be made at the Group level at a designated central place.

§          Each MFI must establish a proper Grievance Redressal Procedure.

§          RBI to recommend an appropriate mechanism to the lead banks on the lines of Independent Ombudsman.


…………to be cont’d

Please do initiate your comments / queries to further broaden the understanding of the developments in the sector.

____________________________________
Socio Research & Reform Foundation

(A Non Government Organisation)

512 A, Deepshikha, 8 Rajendra Place, New Delhi – 110008.
Tele/Fax: +91-11-25722044, 25817157, 25821088
e-mail: socio-research@sma.net.in

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MFIs – Malegam Report ………..(3)

After a bit of interregnum, series on MFI – Malegam Report continues…

Today issues relating to Multple-lending, Over-borrowing and Ghost borrowers

 

Multiple Lending / Over-borrowing

General perception for multiple lending / over borrowing

A deluge of loan funds available to borrowing resulting in excessive borrowing

Emergence of ring leaders as key intermediaries between MFIs and potential borrowers distorting market discipline

Other reasons as ascertained by the Committee include:

Period of moratorium between disbursal of loan and commencement of repayment schedule is inadequate, particularly considering the loans are for income-generation activities. Often resulting in repayments being from the loan itself, leaving inadequate amount for investment.

MFIs use existing SHGs as target for new borrowers, since this minimises MFIs costs.

Recommendations

§          A borrower cannot be a member of more than one SHG/JLG.

§          MFIs should lend to an individual only if member of a JLG.

§          MFIs need to ensure that a borrower is not a member of another JLG.

§          Not more than 2 borrowers should lend to the same borrower

§          There must be a minimum period of moratorium between grant of loan and commencement of repayments.

§          Recovery of loans given in violation of the regulations be deferred till all prior existing loans are fully repaid.

Ghost Borrowers

Ghost borrowers generally arise in two circumstances, one when borrower on record is benami for the real borrower, and second when actually ficitious loans are recorded in the books.

 

Recommendations

§          All sanctioning and disbursement of loans be done only at a central location and more than one individual be involved in this function.

§          There should be close supervision of the disbursement function.

 

 

…………to be cont’d

Please do initiate your comments / queries to further broaden the understanding of the developments in the sector.

____________________________________
Socio Research & Reform Foundation

(A Non Government Organisation)

512 A, Deepshikha, 8 Rajendra Place, New Delhi – 110008.
Tele/Fax: +91-11-25722044, 25817157, 25821088
e-mail: socio-research@sma.net.in

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MFIs – Malegam Report ………..(2)

Most of us would be aware that RBI had set-up a committee under the chairmanship of Shri YH Malegam. The Committee has submitted its report. Major contents of the report including the recommendations are being shared with the SRRF Dialogue e-group. Comments in bold are recommendations. This is the second part of the continuation of the series on the subject….

Further Information about the MFI Sector

§         As at 31st March 2010 : Number of outstanding loan accounts serviced by MFIs were 26.7 million. (increase of more than 2.5 times within 3 years)

§         Loan amounts outstanding as at 31-3-10 : 18,344 crores from Rs 3800 crores within the same period. An increase of almost 5 times.

Restrictions on Non-MFI Institutions

Aggregate loans of any such institution which cannot be classified as a MFI-NBFC should not exceed 10% of its total assets.

CHARGES BY MFIs

Interest rates & Profit margins for MFIs

Following conditions have been recommended with a view to limit the profit element of MFIs to a reasonable amount, while keeping the incentive for such MFIs to remain in business and provide credit access to people to whom formal credit channels otherwise remain inaccessible.

Recommendations

§          Interest rate on individual loans must not exceed 24%.

§          A ‘margin cap’ of 10% in respect of MFIs which have an outstanding loan portfolio at the beginning of the year of Rs 100 crores and above and a margin cap of 12% in case of MFIs which have an outstanding loan portfolio of upto Rs 100 crores at the beginning of the year.

 

Other charges

In addition to above, different MFIs could be charging other service charges of one nature or other. In past these have included upfront registration or enrolment fee, loan protection fee, etc. Several MFIs also recover insurance premiums as well as insurance administration charges to cover the risk of borrower’s death. Some MFIs have even resorted to practice of taking security deposit, which is deducted from the loan amount.

 

Recommendations

§          There should be only three components (i) processing fee (not to exceed 1% of the gross loan), (ii) interest (iii) insurance premium.

§          No security deposits to be recovered and if already collected must be returned.

TRANSPARENCY

To enhance transparency, the committee has given specific recommendations so that borrower is aware of the costs and terms.

Recommendations

§          MFI to issue a card to each borrower, which should give complete details of charges, effective rate of interest, other terms & conditions, details of instalments paid by the borrower, etc.

§          MFI to display effective rate of interest prominently in all its offices and literature, website, etc.

§          No security deposit to be recovered.

…………to be cont’d

Please do initiate your comments / queries to further broaden the understanding of the developments in the sector.

____________________________________
Socio Research & Reform Foundation

(A Non Government Organisation)

512 A, Deepshikha, 8 Rajendra Place, New Delhi – 110008.
Tele/Fax: +91-11-25722044, 25817157, 25821088
e-mail: socio-research@sma.net.in

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