Skip to main content

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

By Our 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

TRENDING

North Gujarat gram panchayat bars villagers from dealing with Muslim hawkers, traders

By Our Representative  A gram panchayat in North Gujarat has barred its residents not to buy anything from Muslim traders and hawkers. An order of the Waghasan group gram panchayat of Tharad taluka of Banaskantha district dated June 30 states that the decision has been taken in the wake of beheading of a Hindu tailor after he posted a derogatory writeup on Prophet Mohammad in Udaipur. The gram panchayat resolution says, anyone seen buying or selling any commodity from a Muslim hawker or trader would be fined Rs 5,100. Bringing this to light, Mujahid Nafees, convener, Minority Coordination Committee, in a letter to Gujarat chief minister Bhupendra Patel, says, the state government should take legal action against the panchayat chief who has signed the “unjust” order. The letter says, the act of the sarpanch and other signatories is a violation of rule of law of the state and threat to peace, pointing out, the move is in violation of Article 15 of the Constitution, which says that none

Unlike Soviet Union, Russia is no friend to India: Ukrainian scholar tells 'Indian friends'

Counterview Desk In an open letter to "dear Indian friends", Anastasia Piliavsky, born in Odessa, Ukraine, studied at Boston and Oxford Universities (on a Rhodes Scholarship), and now teaches at King’s College, London, has said that she faces "deep moral dilemma", personally and professionally, over the "astonishingly unified Indian response to the war in Ukraine." Based on her interaction with a "number of thoughtful and caring Indian friends", in this letter, she says, she is "reeling at the ubiquitous silence at, justifications of or outright support for Putin’s terror, which now prevails in India, at the ubiquitous #IStandWithPutin and #istandwithrussia hashtags." She insists, India must understand, "Unlike the Soviet Union, Russia is no friend to India. Soviet leaders, beginning with (the Ukrainian) Nikita Khrushchev – who declared hindi rusi bhai bhai – built up deep political and cultural exchange with India." Text : I

Technocratic globalism, tyranny? Health Ministry warned: bill to 'enslave' Indians

Sandeep Pandey, Tushar Gandhi By Rosamma Thomas*  Union of Concerned Citizens, a group comprising Magsaysay Award winner Prof Sandeep Pandey, human rights activist Tushar Gandhi, former judge of the Bombay High Court BG Kolse Patil, pediatrician Dr Jacob Puliyel and several renowned Indian citizens have written to the Union Health Minister cautioning him against tabling the draft Public Health Bill in the Monsoon Session of Parliament. “The Public Health (Prevention, Control And Management Of Epidemics, Bio-Terrorism And Disasters) Bill, 2017 and a Prospective Bill of 2022 as discussed in news articles, is straightforwardly violative of Fundamental Rights of the citizens of India and therefore, Ultra Vires of the Indian Constitution. It contravenes several International Treaties and Conventions including the Nuremberg Treaty of 1947 which was enacted to ensure that no country would repeat such inhuman medical atrocities on fellow human beings”, the 12-page letter reads. “Strangely, t

Protesters demand release of Teesta Setalvad, Sreekumar, seek review of SC order

By Our Representative  Protests broke out across India on June 27 following Teesta Setalvad’s arrest demanding her immediate release. Sabrang India , a site run by Setalvad, claimed she was “arrested on trumped-up charges after the Supreme Court dismissed the petition moved by Zakia Jafri demanding an investigation into the larger conspiracy behind the 2002 Gujarat violence.” The protesters also demanded release of former DGP Gujarat police RB Sreekumar, also arrested simultaneously. The protests were preceded by over 2,200 people from across the globe signing a statement demanding their immediate release. Leading signatories such as People’s Union for Civil Liberties (PUCL) general secretary V Suresh, National Alliance of People’s Movements (NAPM) convenor Medha Patkar, former Naval chief Admiral Ramdas. “The state has used the observations made in the judgment to falsely and vindictively prosecute those who had struggled for justice even in the face of state callousness and complicit

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Electoral bonds scheme 'compromises' voluntary nature PM relief fund donations

By Rosamma Thomas*  The Prime Minister’s National Relief Fund (PMNRF) is meant to collect voluntary donations from the general public, either individuals or organizations, to enable assistance to people in times of natural disaster, or for expensive medical treatment. That fundamental voluntary character of the fund, however, has changed in recent years.  The gazette notification of January 2018 announcing the Electoral Bond scheme states, in Clause 12 (2): “The amount of bonds not encashed within the validity period of fifteen days shall be deposited by the authorized bank to the Prime Minister’s National Relief Fund”. The Union government has, thus, through notification, directed funds to be deposited into what was meant to be purely voluntary. Commodore Lokesh Batra, who has been campaigning for transparency in government functioning, holds that once a gazette notification has been issued directing that funds be deposited into the PMNRF, the character of the whole fund has changed,

'Highly abnormal': AltNews journo's arrest suggests 'deterioration in media freedom'

By Bharat Dogra*  Leading media organizations have come out in strong support of recently arrested journalist Mohammed Zubair. These organizations include, among others, the Editors Guild of India, the Press Club of India, the Delhi Union of Journalists and DIGIPUB, a platform for several important digital media organizations. All these organizations have condemned the recent arrest of the noted journalist and demanded his immediate release. While leading human rights organizations and political parties have also made somewhat similar statements, the strong support of media organizations is particularly important as the effort of the authorities has been to try to present the arrested journalist as someone who has been indulging in irresponsible journalism.  In such a situation the support of those media organizations who are familiar with his work and who are most capable of judging the quality of his work is very important. In this context it is important that some media organization

Majoritarian silence helping Hindutva forces 'handover' national resources to corporates

By Bhabani Shankar Nayak*  The majority of Indian citizens are witnessing the persecution and everyday violence against their fellow citizens who are Muslims and religious minorities. The growing assaults on reason, science, secularism, Indian democracy and constitution are going to be landmarks in Indian history of diminishing democracy and citizenship rights. It is clear that Hindutva ideology is directly promoting sectarian politics of hate which is dangerous for the unity and integrity of India, peace and prosperity of Indians. The majoritarian silence helps in empowering Hindutva and their electoral dividends. From witnessing the persecution in the sidelines to the active participation and cheering loud or silence accelerates violence against our neighbours and our fellow citizens. How and why do majority of Indians stay silent and contribute to the persecution of their fellow citizens who are Muslims and religious minorities? The question baffles me as an Indian because I have gr

Electricity Bill: Centre's reform measures contain 'carrot and stick package' for states

Counterview Desk  The Peoples’ Commission on Public Sector and Public Services (PCPSPS), claiming to be a network of eminent academics, jurists, erstwhile administrators, trade unionists and social activists, seeking consultations with stakeholders with those who are against the government’s decision to monetise, disinvest and privatise public assets/enterprises, has said that the proposed Electricity (Amendment) Bill-2022 will have far-reaching impacts on the finances of states. Insisting that the proposed Bill would lead to “assault on India’s federal structure”, in a statement, it says, it would weaken the finances of states’ power distribution companies, have adverse impact on utility employees, cripple the states' finances, impose a heavy cost burden on the smaller subsidized consumers (especially farmers), and benefit only corporate business houses. “States cannot afford to ignore the far-reaching implications of the Bill on their economy, finances, agricultural and industria

Cops 'refuse to register' complaint after BSF shot landless worker off Bangla border

By Our Representative  Kirity Roy, secretary, Banglar Manabadhikar Suraksha Mancha (MASUM), and national convener, Programme Against Custodial Torture & Impunity (PACTI), in a complaint to the National Human Rights Commission (NHRC), referring to the incident of “firing and execution” of a poor Muslim youth, has alleged that the 26 year old was was shot at “without giving any warning” one and half kilometers inside the Indian territory from Bangladesh border by an on- duty Border Security Force (BSF) personnel. Stating that the person, Ruhul Mondal, belonged to an Other Backward Class (OBC), and hailed from Ramnarayan Para village under Sagarpara police station in Murshidabad district, West Bengal, Roy in his representation said, the BSF person who shot at him is “attached with Singpara Border Outpost, 141 Battalion”, underlining, the BSF has now floated “self defense theory” to cover up its operation. According to the BSF officials, the incident took place in the jute fields in