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

Why Venezuela govt granting amnesty to political prisoners isn't a sign of weakness

By Guillermo Barreto On 20 May 2017, during a violent protest planned by sectors of the Venezuelan opposition, 21-year-old Orlando Figuera was attacked by a mob that accused him of being a Chavista. After being stabbed, he was doused with gasoline and set on fire in front of everyone present. Young Orlando was admitted to a hospital with multiple wounds and burns covering 80 percent of his body and died 15 days later, on 4 June.

Walk for peace: Buddhist monks and America’s search for healing

By Vidya Bhushan Rawat* The #BuddhistMonks in the United States have completed their #WalkForPeace after covering nearly 3,700 kilometers in an arduous journey. They reached Washington, DC yesterday. The journey began at the Huong Đạo Vipassana Bhavana Center in Fort Worth, Texas, on October 26, 2025, and concluded in Washington, DC after a 108-day walk. The monks, mainly from Vietnam and Thailand, undertook this journey for peace and mindfulness. Their number ranged between 19 and 24. Led by Venerable Bhikkhu Pannakara (also known as Sư Tuệ Nhân), a Vietnamese-born monk based in the United States, this “Walk for Peace” reflected deeply on the crisis within American society and the search for inner strength among its people.

Pace bowlers who transcended pace bowling prowess to heights unscaled

By Harsh Thakor* This is my selection and ranking of the most complete and versatile fast bowlers of all time. They are not rated on the basis of statistics or sheer speed, but on all-round pace-bowling skill. I have given preference to technical mastery over raw talent, and versatility over raw pace.

When a lake becomes real estate: The mismanagement of Hyderabad’s waterbodies

By Dr Mansee Bal Bhargava* Misunderstood, misinterpreted and misguided governance and management of urban lakes in India —illustrated here through Hyderabad —demands urgent attention from Urban Local Bodies (ULBs), the political establishment, the judiciary, the builder–developer lobby, and most importantly, the citizens of Hyderabad. Fundamental misconceptions about urban lakes have shaped policies and practices that systematically misuse, abuse and ultimately erase them—often in the name of urban development.

Bangladesh goes to polls as press freedom concerns surface

By Nava Thakuria* As Bangladesh heads for its 13th Parliamentary election and a referendum on the July National Charter simultaneously on Thursday (12 February 2026), interim government chief Professor Muhammad Yunus has urged all participating candidates to rise above personal and party interests and prioritize the greater interests of the Muslim-majority nation, regardless of the poll outcomes.

When grief becomes grace: Kerala's quiet revolution in organ donation

By Vidya Bhushan Rawat* Kerala is an important model for understanding India's diversity precisely because the religious and cultural plurality it has witnessed over centuries brought together traditions and good practices from across the world. Kerala had India's first communist government, was the first state where a duly elected government was dismissed, and remains the first state to achieve near-total literacy. It is also a land where Christianity and Islam took root before they spread to Europe and other parts of the world. Kerala has deep historic rationalist and secular traditions.

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

Nalanda mahavihara By Rajiv Shah 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".

Beyond the conflict: Experts outline roadmap for humane street dog solutions

By A Representative In a direct response to the rising polarization surrounding India’s street dog population, a high-level coalition of parliamentarians, legal experts, and civil society leaders gathered in the capital to propose a unified national framework for humane animal management. The emergency deliberations were sparked by a recent Suo Moto judgment that has significantly deepened the divide between animal welfare advocates and those calling for the removal of community dogs, a tension that has recently escalated into reported violence against both animals and their caretakers in states like Telangana.

'Paradigm shift needed': Analyst warns draft electricity policy ignores ecological costs

By A Representative The Ministry of Power’s Draft National Electricity Policy (NEP), 2026 has drawn sharp criticism from power and climate policy analyst Shankar Sharma, who has submitted detailed feedback highlighting what he calls “serious omissions” in the government’s approach to energy transition.

Search This Blog