NGO "officers" are public servants in India under Lokpal Act, warns report marked "for private circulation"

By A Representative
A new report by AccountAid, an organization in the job of closely watching developments around non-government organizations (NGOs) in India, has caused a flutter among top activists of the country. It has “discovered” that the Lokpal Act “covers” most of the NGOs, saying that their officers are "public servants".
AccountAid, after covering different topics related to NGO regulation or accounting, posts or emails these to about 2,000 persons in NGOs, agencies and audit firms for further discussions.
The report, which is marked “for private circulation”, says that these officers “must declare their wealth annually”, like any other public servants need to, and the Lokpal can “look into” complaints received against them. The Act was passed in 2013, when the UPA was in power.
It says, provisions the Act “apply” to officers of three kinds of NGOs, and they would all be “treated as public servants… These are those established by the Central Government, also called ‘Government NGOs (or GONGOs); those which receive Central Government grants exceeding Rs. 1 crore annually; and those receiving donations of more than Rs 10 lakh annually from “foreign sources.”
Especially focusing on NGOs receiving funds under the Foreign Contribution Regulation Act (FCRA) – whether they are societies, trusts and association of persons – the report says, they would be covered under the Lokpal Act, and it does not matter whether “the NGO is registered under FCRA or has only received prior-permission.”
“In fact, it doesn’t even matter if the NGO has received foreign donation without FCRA permission. The Lokpal Act will still be applicable”, the report says, adding, it would be applicable to all types of societies, “registered or unregistered”, and “charitable, literary or scientific”.
“Special types of societies, such as cooperative societies would get covered if they are receiving donations from a foreign source”, the report says, adding, trusts, formed by registration of a trust deed under Registration Act, 1908, including in states, such as Gujarat and Maharashtra, where they are registered under special laws, “would also be covered.”
Significantly, the report says, non-profit companies – which NGOs are increasingly moving to following the recent FCRA clampdown – “are a glaring, but clear omission.” It adds, “This means sec. 25 or sec. 8 companies getting foreign donations are not covered... Therefore, directors and other officers of such companies do not have to comply with Lokpal Act because of this clause.”
Interestingly, the report says, “The Lokpal Act does not mention the term ‘foreign contribution’ at all. Instead, it refers to donations from a foreign source’, as defined in FCRA, 2010.”
It notes, “Foreign contribution covers ‘donation, delivery or transfer’ of money and material from source are to be considered for Lokpal Act”, though adding, “Loans from a foreign source or subscription to share capital of a non-profit company are not donations and will not be considered for this.”
For NGOs, the report underlines, ‘officers’ of all categories are covered. “Many NGOs have an accounts officer” and he/she would be “treated as a public servant” as the Lokpal Act's provision on 'officer' could be “interpreted as indicating a group of people who manage or control the organization”, it says.
“Clerical or administrative work is covered under this, where discretion or judgement do not play a significant role”, the report says, adding, “Clearly this is a fairly wide definition, and includes governing board members, as well as employees forming part of executive management.”
Then, the report says, “Chief functionaries and people designated as CEO, CFO, COO would be covered. People designated as directors could also be covered. In case of trusts, all trustees would get covered, in addition to senior management of the trust.”
As for CFOs who have a consultancy contract with NGOs, the report says, “In such cases, one should look at the substance of the relationship. If the CFO has executive powers, then he/she would be treated as an officer.”

Comments

Countrywide protest by gig workers puts spotlight on algorithmic exploitation

By A Representative A nationwide protest led largely by women gig and platform workers was held across several states on February 3, with the Gig & Platform Service Workers Union (GIPSWU) claiming the mobilisation as a success and a strong assertion of workers’ rights against what it described as widespread exploitation by digital platform companies. Demonstrations took place in Delhi, Rajasthan, Karnataka, Maharashtra and other states, covering major cities including New Delhi, Jaipur, Bengaluru and Mumbai, along with multiple districts across the country.

CFA flags ‘welfare retreat’ in Union Budget 2026–27, alleges corporate bias

By Jag Jivan The advocacy group Centre for Financial Accountability (CFA) has sharply criticised the Union Budget 2026–27 , calling it a “budget sans kartavya” that weakens public welfare while favouring private corporations, even as inequality, climate risks and social distress deepen across the country.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

'Gandhi Talks': Cinema that dares to be quiet, where music, image and silence speak

By Vikas Meshram In today’s digital age, where reels and short videos dominate attention spans, watching a silent film for over two hours feels almost like an act of resistance. Directed by Kishor Pandurang Belekar, “Gandhi Talks” is a bold cinematic experiment that turns silence into language and wordlessness into a powerful storytelling device. The film is not mere entertainment; it is an experience that pushes the viewer inward, compelling reflection on life, values, and society.

From water scarcity to sustainable livelihoods: The turnaround of Salaiya Maaf

By Bharat Dogra We were sitting at a central place in Salaiya Maaf village, located in Mahoba district of Uttar Pradesh, for a group discussion when an elderly woman said in an emotional voice, “It is so good that you people came. Land on which nothing grew can now produce good crops.”

The Epstein shock, global power games and India’s foreign policy dilemma

By Vidya Bhushan Rawat* The “Epstein” tsunami has jolted establishments everywhere. Politicians, bureaucrats, billionaires, celebrities, intellectuals, academics, religious gurus, and preachers—all appear to be under scrutiny, even dismantled. At first glance, it may seem like a story cutting across left, right, centre, Democrats, Republicans, socialists, capitalists—every label one can think of. Much of it, of course, is gossip, as people seek solace in the possible inclusion of names they personally dislike.

Michael Parenti: Scholar known for critiques of capitalism and U.S. foreign policy

By Harsh Thakor* Michael Parenti, an American political scientist, historian, and author known for his Marxist and anti-imperialist perspectives, died on January 24 at the age of 92. Over several decades, Parenti wrote and lectured extensively on issues of capitalism, imperialism, democracy, media, and U.S. foreign policy. His work consistently challenged dominant political and economic narratives, particularly those associated with Western liberal democracies and global capitalism.

Paper guarantees, real hardship: How budget 2026–27 abandons rural India

By Vikas Meshram In the history of Indian democracy, the Union government’s annual budget has always carried great significance. However, the 2026–27 budget raises several alarming concerns for rural India. In particular, the vague provisions of the VBG–Ram Ji scheme and major changes to the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGA) have put the future of rural workers at risk. A deeper reading of the budget reveals that these changes are not merely administrative but are closely tied to political and economic priorities that will have far-reaching consequences for millions of rural households.

Penpa Tsering’s leadership and record under scrutiny amidst Tibetan exile elections

By Tseten Lhundup* Within the Tibetan exile community, Penpa Tsering is often described as having risen through grassroots engagement. Born in 1967, he comes from an ordinary Tibetan family, pursued higher education at Delhi University in India, and went on to serve as Speaker of the Tibetan Parliament-in-Exile from 2008 to 2016. In 2021, he was elected Sikyong of the Central Tibetan Administration (CTA), becoming the second democratically elected political leader of the administration after Lobsang Sangay.

Search This Blog