Note from Harsh Jaitli, CEO, VANI
Is India a receding Democracy?
The last fortnight was very significant period for the voluntary sector in India. Suddenly, the Ministry of Home Affairs took out the FCRA bill from its cold storage (2006) and introduced in Rajya Sabha and Lok Sabha. Both houses passed it within short duration. The future of Civil Society was sealed and verdict was passed. This was done in spite of many bills of national importance are still pending. This bill was made in contradiction of “National Policy of the Voluntary Sector” framed by same government in 2007 and also recommendation of 2nd Administrative Reform Commission (2008). The conclusion of government’s argument was that in current format we are not able to tame the sector, which is working against national interest. It argued for un-defined term ‘national interest’ which must be inserted in the bill so that officials can get absolute freedom to define it on case to case basis that to with right to conceal the reason. The second argument was build on the fact that although genuine voluntary organizations submit their returns every year, but we want them to queue in front of our office every five year with fresh applications. After all it is a power relationship, the Ministry has right to make sector crawl.
Anyhow, now the cards are open in front of us and we need to work within the rules which will be made shortly. In this news letter, we have given the details of new FCRA and its implications on voluntary sector. The first and foremost task is to provide information to all the FCRA holding organizations to follow the new instructions and keep their records in order. Once the final notification is done VANI will print the guidelines for voluntary organizations. The second task is to demand accountability and transparency from the officials. We must demand explanation of rejection if any, as law of natural justice demands reason for punishment. We need to educate our members of Parliament about the true state and condition of Voluntary organizations. The debate reflected on misconceptions about the sector which are formed by the aberrations caused by various types of entities registered in same category. We appeal all organizations to keep VANI secretariat informed about the issue related to FCRA. VANI will continue its campaign to safeguard Indian voluntary sector. VANI is committed to serve and support all the voluntary Organisations, who are working for the betterment of the marginalized of India within the constitutional framework of India.
THE FCR- Bill, 2010
S.N |
Issue |
What NGO’s Need to do…… |
What Government will….. |
| 1. |
Process of Registration (Clause 12) |
A person/ organisation have to make an application for giving a grant of certificate or application for permission. |
The central government has the power to reject an application if the application does not meet the specified conditions in the clause. A sub-clause has been added that if the central government deems it fit to register a person making an application, it may do so within 90 days of receiving the application.
- If permission is not given within 90 days, the central government has to give reasons in writing.
- A person shall not be eligible for permission if the certificate has been suspended and such suspension continues till the date of making the application. |
| 2. |
Renewals of the certificate of gran |
Every person who received a certificate shall have to have the certificate renewed within six months before the certificate expires. The certificate shall be renewed for a period of five years. |
The central government shall renew the certificate within a period of 90 days from the date it receives the application. If renewal is not done within 90 days, the reasons for the same shall be communicated to the applicant. Renewal can be refused on grounds of violating the provisions of the Bill or rules made under it. |
| 3. |
Transfer of foreign contribution
(Clause 7) |
There was a prohibition on the transfer of foreign contribution to another person, unless the other person was also registered under the Bill. Now, a person can transfer foreign contribution to another person who has not been registered under the Bill. |
The transfer has to be made with the prior approval of the central government. |
| |
Use of foreign contribution for speculative business (Clause 8) |
Organisation can use Foreign contribution/ income from foreign contribution for businesses and activities that are specified by the Government. |
Earlier the Bill prohibited the use of foreign
Contribution or income from foreign contribution shall not be used for speculative business. However, now a sub-clause has been added allowing the central government to specify businesses or activities that may be classified as speculative. |
| 5. |
Penalty for making false statement or giving false accounts (Clause 33) |
There will be a penalty imposed for making false statements and giving false statements |
The maximum amount of imprisonment has been reduced to six months. |
| 6. |
Notifying an organization of a political nature
(Clause 5) |
The Bill bars organizations of a political nature from accepting foreign contributions.
However, Before declaring an organization of a political nature, the central government has to give a notice to the organization concerned, and after considering their representation may make an order declaring the organization of a political nature. |
As per the new bill, a sub-clause has been added providing a time-limit within which the central government has to make the order. The order has to be made within 120 days of giving a notice to the concerned organization. If the order is not made within 120 days, the central government has to give reasons in writing and can then make the order within a further period of 60 days. |
Sources: FCR Bill-2010, PRS, VANI critique paper on FCRA, NPVS |
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VANI INITIATIVES @ August, 2010
5th August, 2010: Meeting on the Challenges faced by VOs held at NFI, Delhi
For the last few years there has been un-presented squeezing and arm-twisting of Voluntary sector in India. Not only have the genuine organizations faced arbitrary harassment by number of enforcement agencies, but government has also come out with many restrictive laws and regulations. The primary question is that, till date the sector has been on the receiving end, now what should we do to put forward our views in front of government, donor, media and policy makers. These strategies could be long term as well as short term. How all of us can create synergy by pooling our individual, institutional expertise and resources together. More...
18 -23rd August, 2010 : CIVICUS world Assembly in Montreal
CIVICUS and the Affinity Group of National Associations (AGNA) organised its 2010 Asian regional Meeting and AGNA Annual meeting from 18th – 23rd August, 2010. The Asia Regional Meeting was held in Toronto from 18th -19th August and AGNA AGM in Montréal from 20th -23rd August. The AGNA AGM was focussed on the evaluation of the progress made by AGNA working groups and identification of priorities for the year ahead. VANI being a old member also participated in both the events.
27th August, 2010- State Meeting in Maharashtra.
The State Consultation on “Challenges before Voluntary Sector” was organized by VANI and DST in Pune on 27 August 2010. The main objective of the state consultation was to make the participants aware of the challenges faced by voluntary sector at the national as well as the state level. About 35 representatives from all parts of the Maharashtra participated in the consultation More...
30-31st August, 2010- Bangkok Meeting (Platform HD2010: Towards a People’s Multilateralism in Asia and the Pacific)
PRIA, Delhi along with UNDP organised a civil society regional consultation in Bangkok as a part of the Platform HD2010 initiative launched by UNDP last year. The consultation aimed to examine the ways in which civil society in Asia-Pacific can contribute further to shaping a new vision of multilateralism and human development. The two day meeting focussed to explore the ways in which state and non-state actors in multiple countries can work together to advance MDG’s and human development, as well as more broadly, policies and programmes that address current multiple crises from the point of view of the marginalised.Mr. Harsh Jaitli, CEO, VANI also participated in the meeting and shared his views on the same.
Coming up…..
- VANI’s Annual General Body Meeting in September – for Members Only
- Regional Meeting in Gujarat, Guwahati on Good Governance…
- State meetings in Chennai, Shimla…
- Asian Regional Meeting
Announcements :
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FCR Bill Passed in both the houses- Rajya and Lok Sabha
- Direct Taxes Code tabled in the Lok Sabha
- Appeals sent to MPs by VANI
Resources :
Member of the Month:
BVHA-Bihar Voluntary Health Association
Vision : BVHA assists in making community health a reality for all the people of Bihar with priority for the less privileged millions, with their involvement & participation through the voluntary health sector.
Mission: To reach to the unreached through Charitable Hospitals, Dispensaries, Health Centers & Voluntary Organizations/Institutions involved in health promotion and also groups, professionals & individuals engaged & dedicated with some concern in health promotion.
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Swapan Mazumdar
Chief Executive Director
Bihar Voluntary Health Association
West of Ganga Apartment, Opp. L.C.T. Ghat, Mainpura, Patna
Tel: (0091) - 0612-2266605
Email: bvhapatna@gmail.com,
Website :www.biharvha.org
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