SC asks Centre to make law to regulate NGOs, disbursal of funds

The Supreme Court has asked the Centre to examine enacting a law to regulate disbursal of public funds to over 32 lakhs Non-Governmental and voluntary organisations and prosecute them in case of misuse or misappropriation.

A bench headed by Chief Justice J S Khehar yesterday, referring to the Centre’s recent guidelines on regulating the NGOs and voluntary organisations said it may not truly systematise the entire process of regulating such NGOs.

The bench, also comprising Justices D Y Chandrachud and Sanjay Kishan Kaul asked the Government to examine and consider giving statutory status to the entire process of registration, disbursal of funds, their use, audit and consequential proceedings in the event of defaults. It also asked the Centre to apprise its stand within eight weeks on making a law on it.

Favouring a fresh all-encompassing law, the court said if the government desires to extend statutory status to regulations, then they would not only provide for enforceable consequences, but also envisage civil and criminal action as may be considered by the legislation.

Source: http://theindianawaaz.com/sc-asks-centre-to-make-law-to-regulate-ngos-disbursal-of-funds/

Make a Law to Regulate Disbursal of Funds to NGOs: SC to Centre

The Supreme Court on Wednesday asked the Centre to examine enacting a law to regulate disbursal of public funds to over 32 lakhs NGOs and voluntary organisations and prosecute them in case of misuse or misappropriation.

The apex court, referring to the Centre's recent guidelines on regulating NGOs and voluntary organisations, said they may not "truly systematise the entire process" of regulating such NGOs since their registration, disbursal of funds, their use, audit and consequential proceedings in the event of defaults.

A bench headed by Chief Justice J S Khehar referred to an office memorandum (OM) of the Centre and said:

“The guidelines, which have been proposed by the government, may not truly systematise the entire process commencing from accredition (of NGOs) and encompassing the manner of utilisation of funds and then eventual audit. We would therefore like the Government of India to examine and consider giving statutory status to the entire process.”

Favouring a fresh all-encompassing law, it said if the government "desires to extend statutory status to regulations, then they would not only provide for enforceable consequences, but also envisage civil and criminal action as may be considered by the legislation".

The bench, however, made it clear that its order asking the Centre to consider enacting a law, will not be considered as "any restraint" in the way of ongoing civil and criminal actions against defaulting parties, pursued by the government body, Council for Advancement of People's Action and Rural Technology (CAPART).

The CAPART apprised the top court that it has recommended registration of 159 FIRs against various NGOs for alleged misappropriation or misuse of funds disbursed to them.

The CAPART, which works under the Ministry of Rural Development and disburses funds to voluntary organisations working in rural areas, also said initially it had blacklisted 718 NGOs for not following the due process and not submitting their accounting details.

Subsequently it had removed 15 NGOs from the black-list after they complied with the accounting norms, it said.

Lawyer P K Dey, appearing for the Centre, informed the court that the guidelines, before being put in force, have been sent to all 76 ministries and departments for their comments and suggestions.

The bench had also said that "mere blacklisting" of these organisations would not suffice and civil and criminal action should be initiated for misappropriation of public money received by them from various government departments.

“Huge amounts running into thousands of crores are doled out to these societies. There has been a case that many of them, after getting the grant, do not come back and they are merely blacklisted”, the amicus curiae had said.”

He said around Rs 9,000 crore has been disbursed to NGOs, societies, voluntary organisations from 2002-03 to 2008-09.

Source: https://www.thequint.com/india/2017/04/26/make-a-law-to-regulate-disbursal-of-funds-to-ngos-sc-to-centre

Rs 950 crore is given to NGOs every year... a phenomenal amount of Indian taxpayers' money': Supreme Court asks Centre to act against NGOs

· The apex court asked Centre to examine enacting a law to regulate government funds for NGOs

· Between 2002 and 2009, the Union and state governments released Rs 6,654 crore to various NGOs, averaging almost Rs 950 crore per year

Nearly 30 lakh NGOs across the country - most of which receive funds worth crores of rupees from the government and abroad - came under the Supreme Court's scrutiny on Tuesday.

The apex court asked Centre to examine enacting a law to regulate government funds for NGOs and prosecute them in case of misuse, misappropriation of funds or non-filing of annual statements.

This was after a CBI report filed in the Supreme Court said only 10 per cent of 30 lakh NGOs have filed annual income and expenditure statements.

Between 2002 and 2009, the Union and state governments released Rs 6,654 crore to various NGOs, averaging almost Rs 950 crore per year, according to information received through RTI queries by Asian Centre for Human Rights, amicus curiae (senior lawyer assisting the court) Rakesh Dwivedi said, quoting the report.

The Centre has been asked to file its response within eight weeks. A bench, headed by CJI JS Khehar, said the existing regulations were not sufficient to 'regulate the NGOs across the country, the disbursal of funds and consequential defaults'.

Earlier in the day, Council for Advancement of People's Action and Rural Technology (CAPART) said it had recommended registration of 159 FIRs against various NGOs for alleged misappropriation or misuse of funds disbursed to them.

The CAPART which works under the ministry of rural development and disburses funds to voluntary organisations working in rural areas, said initially, it had blacklisted 718 NGOs for not following the due process and not submitting their accounting details.

Under fire from the SC for not doing enough to rein in NGOs and voluntary organisations not filing annual statements and indulging in other irregularities, the Centre drafted guidelines saying the errant NGOs will be blacklisted.

'A show-cause notice is to be issued to the NGO with a direction to take corrective action immediately in case of non-submission of utilisation certificate or where the ministry/department suspects a material irregularity, or misutilisation misappropriation or falsification. In case of continued noncompliance, the NGO or voluntary organisation will be blacklisted, said the guidelines.

Passing detailed orders on the PIL by Advocate ML Sharma in 2011 seeking a tab on functioning of NGOs, the bench said mere blacklisting of NGOs who do not file annual statements will not suffice but also action must be initiated like criminal proceedings for misappropriation and civil action for recovery of given funds

Source: http://www.dailymail.co.uk/indiahome/indianews/article-4449392/Supreme-Court-asks-Centre-act-against-NGOs.html

India gets first free condom store, courtesy global NGO to reduce HIV and other infections

India has the third-largest HIV epidemic in the world, with the UNAIDS Gap Report of 2016 saying 21 lakh — or 2.1 million — people live with the infection in the country.

India now has a free condom store, courtesy a global non-government organisation (NGO), through which other NGOs working in the field for reduction in HIV and AIDS infections can source condoms. The infection can not only be fatal with its own symptoms, but can also lead to depression and eventually suicide.

India has the third-largest HIV epidemic in the world, with the UNAIDS Gap Report of 2016 saying 21 lakh — or 2.1 million — people live with the infection in the country at the time of the report being compiled. Under these circumstances, a free condom store could be just what the doctor ordered for the sector.

The free condom store, started by the AIDS Healthcare Foundation (AHC), is not a brick-and-mortar store. AHC Country Programme Director for India, Dr V Sam Prasad, explained to IBTimes India: "The store, which was opened on April 26, is actually an email address through which some NGOs working in related fields can avail of the service."

The condoms will be sent to NGOs working in the fild of HIV and AIDS infections among various communities — including homosexuals — as well as reproductive child health, Prasad said, adding: "The NGOs will have to send in an email request for the condoms, and we will deliver it to them in five working days."

The idea is to support these NGOs in trying to close the gap between supply and demand of condoms, Prasad told IBT. "Condoms play an important role in halting the spread of infections like HIV," he said.

AHC, he explained, has been working in the field of HIV and AIDS for years now, and has spread its sphere of influence to 39 countries. In India, it is headquartered in Delhi, but also works in Panvel in Navi Mumbai.

Source: http://www.ibtimes.co.in/india-gets-first-free-condom-store-courtesy-global-ngo-reduce-hiv-other-infections-724603

Fight against HIV/AIDS: India's first free condom store launched – This is how you can order from #FreeCondomStore

On its 10th anniversary, the AIDS Healthcare Foundation (AHF) launched India's first 'Free Condom Store', under which individuals, NGOs, government, private institutions and community-based organisations can order as many condoms as they want.

New Delhi: In a bid to reduce the incidence of new cases of HIV/AIDS in India, a global non-government organisation (NGO) has launched a free condom store in the country.

On its 10th anniversary, the AIDS Healthcare Foundation (AHF) launched India's first 'Free Condom Store', under which individuals, NGOs, government, private institutions and community-based organisations can order as many condoms as they want.

India currently has the third largest HIV epidemic in the world, with 2.1 million people living with the infection in the country, as per UNAIDS Gap Report 2016. In the same year, an estimated 68,000 people died from AIDS-related illnesses although India's HIV epidemic is slowing down overall, with a 32% decline in new cases of infection (86,000 in 2015), and a 54% decline in AIDS-related deaths between 2007 and 2015.

Hence, the AHF's initiative is seen as a significant step towards reduction of new HIV infections in the country.

Under the campaign, individuals and organisations can place orders by phone or email without any hesitation of social taboos or quality issues to get a supply delivered to their doorstep.

Dr V Sam Prasad, AHF’s director for India said NGOs working in the field of HIV/AIDS can avail of the service, which was launched on April 26.

AHF which claimed the initiative was the first of its kind said that their main idea is to support the NGOs trying to close the gap between supply and demand of condoms.

The NGO has also released a video showing a guy going around in Delhi asking individuals and couples whether or not they indulge in safe sex practices and use condoms. Check the video to see how people reacted.

Meanwhile, the Lok Sabha passed the HIV/AIDS (Prevention and Control) Bill earlier this month, ensuring equal rights to the people affected by HIV and AIDS in getting treatment, admissions in educational institutions and jobs.

The HIV/AIDS Bill was passed by the Rajya Sabha on March 21, 2017, 15 years after it was introduced in the legislature, which aims at safeguarding the rights of sufferers and protects them from discrimination.

To order from 'Free Condom Store', all you need to do is call toll-free number, 1800 102 8102 or drop an email to freecondomstoreahf@gmail.com.

Source: http://zeenews.india.com/health/fight-against-hiv/aids-indias-first-free-condom-store-launched-this-is-how-you-can-order-from-freecondomstore-2000187

SC asks Centre to make law to regulate NGOs, disbursal of funds

The Supreme Court asks the Centre to consider making a law to regulate NGOs, disbursal of funds to them and consequential proceedings on account of defaults

SC says the existing regulations were not sufficient to regulate the NGOs across the country, the disbursal of funds and consequential defaults.

The Supreme Court on Wednesday asked the Centre to consider making a law to regulate NGOs, disbursal of funds to them and consequential proceedings on account of defaults and asked it to respond in eight weeks.

A bench headed by chief justice J.S. Khehar said the existing regulations were not sufficient to regulate the NGOs across the country, the disbursal of funds and consequential defaults.

The bench, which also comprised Justices D.Y. Chandrachud and S.K. Kaul, granted eight weeks to the Centre to mull over the idea of legislation and apprise the court about its stand.

Earlier in the day, the government agency CAPART had recommended registration of 159 FIRs against various NGOs for alleged misappropriation or misuse of funds disbursed to them.

The Council for Advancement of People’s Action and Rural Technology (CAPART), which works under the Ministry of Rural Development and disburses funds to voluntary organisations working in rural areas, said initially it had blacklisted 718 NGOs for not following the due process and not submitting their accounting details.

Subsequently it had removed 15 NGOs from the black-list after they complied with the accounting norms, it said.

The Supreme Court had on 10 January said public money cannot go unaccounted for and those misappropriating must be prosecuted.

Taking umbrage to the fact that no steps have been taken to evolve a regulatory mechanism even after the lapse of six years since a PIL was filed, the apex court had said the Centre and its departments were doling out crores of rupees to lakhs of NGOs, societies and voluntary organisations but were not aware of the repercussion of non-auditing.

The bench had also warned that “mere blacklisting” of these organisations would not suffice and civil and criminal action should be initiated by CAPART/other government departments for misappropriating public money received by them from various government departments.

CBI had in September 2015 informed the apex court that less than ten per cent of over 30 lakh NGOs functioning across the country had submitted their returns or balance sheets and other financial details to the authorities.

The apex court had expanded the scope of the PIL, filed in 2011 against Hind Swaraj Trust, run by anti-corruption crusader Anna Hazare. The PIL had sought a probe into alleged embezzlement of funds.

Source: http://www.livemint.com/Politics/f6oRMGNANzUIlBFOhk5LZI/SC-asks-Centre-to-make-law-to-regulate-NGOs-disbursal-of-fu.html

State Coordinator- Capacity Building

International Development Agency
Patna, Bihar, India

Job description

ORGANIZATION BACKGROUND:

Our client is a respected, International Development Agency that works across the globe to promote children's survival, protection and development.

For Project Background details, please visit http://www.sams.co.in/JD-SC-CB-IDA.html

PURPOSE OF ASSIGNMENT:

The purpose of the assignment is to assist GoB in capacity building & roll out of MGPNY: improvement in rural drinking water service delivery at scale with quality.

JOB DESCRIPTION/ RESPONSIBILITIES:

Under the technical guidance of the WASH Specialist & WASH Officer of the International Development Agency, Bihar, the State Coordinator would provide support in building the capacity of the PRIs towards – conducting all their functions, e.g. planning, financial management and implementation of schemes, with improved service delivery at scale with quality.

Key Job Responsibilities:

(1) Provide technical assistance to roll out of Strategy on PRI led O&M of rural water supplies in the state: Guidelines for community participation in O&M of Rural Water Supply Schemes, as per agreed strategy;
(2) Developing the strategy for scaling up improved water supply in rural habitations, with emphasis on Mahadalit communities and marginalized communities;
(3) Coordinate with agencies for roll out and hand holding support to PR institutions for improved RWS service delivery;
(4) Facilitate in adoption of MGPNY: improvement in rural drinking water service delivery at scale with quality;
(5) Provide technical assistance in evolution of different sustainable models for implementation of community based water supply schemes and their sustained maintenance;
(6) Prepare evidence based quarterly analytical reports for PRI Department to address the critical issues and areas of support from the State headquarter and mitigation (including risk reduction) actions with respect to RWS service delivery;
(7) Undertake visits to the districts and review functioning of the RWS schemes and provide quarterly updates on the same to PRI Department and the organization for necessary follow-ups;
(8) Participate in various RWS training programmes at different level as the coordinator and resource person.

QUALIFICATIONS, EXPERIENCE AND COMPETENCIES:

Qualification:
Applicants must be Post graduate in Public Health Engineering.

Experience:
(1) Minimum eight years of experience in water supply sector including working with government structures;
(2) Atleast five years of experience in planning, designing, implementation and monitoring of public water supply schemes, preferably with community based approaches;
(3) Experience in decentralised governance, capacity building of PRIs for taking over planning, implementation and O&M of RWSS, with aim for achieving SGDs on water and consumer oriented improved public service delivery of safe water;
(4) Experience in conceptualisation, developing guidelines for rural water supplies involving communities would be an asset;
(5) Previous work experience in Bihar and neighboring states would be an asset.

Skills and Competencies:
(1) Excellent understanding of national/ state programmes policies and operating environment for implementation of national flagship programme NRDWP;
(2) Strong research and analytical skills including consultations;
(3) Good knowledge of computers and its operations. Proficiency in using MS-office and its application would be essential;
(4) Knowledge of English is essential, working knowledge of Hindi would be an added advantage.

NATURE OF ENGAGEMENT:

The SC-CB shall be hired on a consultancy contract through Strategic Alliance Management Services P Ltd. (SAMS), a respected HR Agency.

PROFESSIONAL FEES:

Gross annual remuneration budgeted for the position is attractive. The offer made to the selected candidate shall be commensurate with qualifications, experience and salary history.

LOCATION: Patna, Bihar

DURATION:

The consultancy assignment will be effective from the date of joining till December 31, 2017.

REFERENCE: SC-CB

CONTACT INFORMATION:

Senior Consultant
Strategic Alliance Management Services P Ltd.
1/1B, Choudhary Hetram House, Bharat Nagar
New Friends Colony, New Delhi 110 025
Phone Nos.: 011- 2684 2162; 4165 3612
Email: sc-cb@sams.co.in

APPLICATION PROCESS:

Eligible candidates interested in this position are requested to apply to sc-cb@sams.co.in with a cover letter, discussing their interest in and suitability for the position, along with an updated resume, giving details of three references, current cost to organization and expected compensation, by April 30, 2017. For further details, please visit www.sams.co.in .

Supreme Court suggests enacting a law to regulate NGOs, their funding using public money

The bench noted that the guidelines submitted by the Centre may not be ‘systematic’ enough to deal with the process of accreditation, funding and audit.

The Supreme Court on Wednesday recommended that the Centre enact a law to regulate the funding of NGOs with public money and penalise them for fraudulent activities. A three-judge bench led by Chief Justice JS Khehar has given the Centre eight weeks to respond to which of the two it would prefer – regulating NGOs by finalising guidelines or through legislative measures, The Indian Express reported.

The bench pointed out that the Centre’s guidelines may not be “truly systematic” and sufficient to deal with the entire process of accreditation, the way manner public money is used to fund NGOs and their audit. Guidelines submitted by the government earlier included appointing Niti Aayog as the nodal body to register such organisations.

The instructions – framed by the Rural Development Ministry submitted to the top court on April 4 – also detailed the process to execute bonds, blacklist NGOs, cut off their grants, recover money through civil lawsuits and take criminal action in cases where funds were swindled. The court, however, noted that Niti Aayog could be preoccupied with a number of other important tasks.

Moreover, the court said that the ministry’s Council for Advancement of People’s Action and Rural Technology could take civil and criminal action against the 703 NGOs that had been flagged for defaulting. Capart had also recommended registering 159 FIRs against a number of NGOs for misappropriation of government funds, according to The Hindu.

The funding of NGOs, especially through the Foreign Contribution Regulation Act, has been in the news as the Centre has been cancelling the licences of thousands of NGOs for allegedly violating provisions of the law. NGOs and activists, however, have deemed the step a means to suppress dissenting voices. On March 9, the United States had said that foreign NGOs face challenges in India, after global children’s aid organisation Compassion International was made to shut down its operations in the country.

Source: https://scroll.in/bulletins/59/want-to-retire-at-45-make-your-money-work-for-you

Supreme Court to Centre: Make a law to regulate NGOs, disbursal of funds

The apex court asked Centre to examine enacting a law to regulate government funds for NGOs and prosecute them in case of misuse, misappropriation of funds or non-filing of annual statements.

HIGHLIGHTS

· 1

Nearly 30 lakh NGOs across the country came under the Supreme Court's scrutiny on Tuesday.

· 2

The apex court asked Centre to examine enacting a law to regulate government funds for NGOs

· 3

Between 2002 and 2009, the Union and state governments released Rs 6,654 crore to various NGOs.

Nearly 30 lakh NGOs across the country - most of which receive funds worth crores of rupees from the government and abroad - came under the Supreme Court's scrutiny on Tuesday.

The apex court asked Centre to examine enacting a law to regulate government funds for NGOs and prosecute them in case of misuse, misappropriation of funds or non-filing of annual statements.

This was after a CBI report filed in the Supreme Court said only 10 per cent of 30 lakh NGOs have filed annual income and expenditure statements.

Between 2002 and 2009, the Union and state governments released Rs 6,654 crore to various NGOs, averaging almost Rs 950 crore per year, according to information received through RTI queries by Asian Centre for Human Rights, amicus curiae (senior lawyer assisting the court) Rakesh Dwivedi said, quoting the report. The Centre has been asked to file its response within eight weeks.

NEED OF MORE REGULATION

A bench, headed by CJI JS Khehar, said the existing regulations were not sufficient to "regulate the NGOs across the country, the disbursal of funds and consequential defaults".

Earlier in the day, Council for Advancement of People's Action and Rural Technology (CAPART) said it had recommended registration of 159 FIRs against various NGOs for alleged misappropriation or misuse of funds disbursed to them. The CAPART which works under the ministry of rural development and disburses funds to voluntary organisations working in rural areas, said initially, it had blacklisted 718 NGOs for not following the due process and not submitting their accounting details.SHOW CAUSE NOTICE

Under fire from the SC for not doing enough to rein in NGOs and voluntary organisations not filing annual statements and indulging in other irregularities, the Centre drafted guidelines saying the errant NGOs will be blacklisted.

"A show-cause notice is to be issued to the NGO with a direction to take corrective action immediately in case of non-submission of utilisation certificate or where the ministry/department suspects a material irregularity, or misutilisation misappropriation or falsification. In case of continued noncompliance, the NGO or voluntary organisation will be blacklisted, said the guidelines.

Passing detailed orders on the PIL by Advocate ML Sharma in 2011 seeking a tab on functioning of NGOs, the bench said mere blacklisting of NGOs who do not file annual statements will not suffice but also action must be initiated like criminal proceedings for misappropriation and civil action for recovery of given funds.

Source: http://indiatoday.intoday.in/story/supreme-court-ngos-regulation-centre/1/939415.html

Make a law to regulate NGOs, disbursal of funds: Supreme Court to Centre

HIGHLIGHTS

· Existing regulations were not sufficient to regulate the NGOs across the country, court observed

· Earlier, CAPART said it had blacklisted 718 NGOs for not following the due process and not submitting their accounting details

· NGOs have become a den of corruption, an easy way to get grant, avoid or evade tax and launder money. SC directive will go a long way in curbing corruption and financial irregularities.


NEW DELHI: The Supreme Court on Wednesday asked the Centre to consider making a law to regulate NGOs, disbursal of funds to them and consequential proceedings on account of defaults and asked it to respond in eight weeks.

A bench headed by Chief Justice J S Khehar said the existing regulations were not sufficient to regulate the NGOs across the country, the disbursal of funds and consequential defaults.

The bench, which also comprised Justices D Y Chandrachud and S K Kaul, granted eight weeks to the Centre to mull over the idea of legislation and apprise the court about its stand.

Earlier in the day, the government agency CAPART had recommended registration of 159 FIRs against various NGOs for alleged misappropriation or misuse of funds disbursed to them.

The Council for Advancement of People's Action and Rural Technology (CAPART), which works under the Ministry of Rural Development and disburses funds to voluntary organisations working in rural areas, said initially it had blacklisted 718 NGOs for not following the due process and not submitting their accounting details.

Subsequently it had removed 15 NGOs from the black-list after they complied with the accounting norms, it said.

The Supreme Court had on January 10 said public money cannot go unaccounted for and those misappropriating must be prosecuted.

Taking umbrage to the fact that no steps have been taken to evolve a regulatory mechanism even after the lapse of six years since a PIL was filed, the apex court had said the Centre and its departments were doling out crores of rupees to lakhs of NGOs, societies and voluntary organisations but were not aware of the repercussion of non-auditing.

The bench had also warned that "mere blacklisting" of these organisations would not suffice and civil and criminal action should be initiated by CAPART/other government departments for misappropriating public money received by them from various government departments.


CBI had in September 2015 informed the apex court that less than ten per cent of over 30 lakh NGOs functioning across the country had submitted their returns or balance sheets and other financial details to the authorities.


The apex court had expanded the scope of the PIL, filed in 2011 against Hind Swaraj Trust, run by anti-corruption crusader Anna Hazare. The PIL had sought a probe into alleged embezzlement of funds.

Source: http://timesofindia.indiatimes.com/india/make-a-law-to-regulate-ngos-disbursal-of-funds-supreme-court-to-centre/articleshow/58378256.cms