India’s Crackdown on NGOs Hits the Gates Foundation

A right-wing group known as Swadeshi Jagran Manch has accused the Gates Foundation of having a conflict of interest in its efforts to expand immunization in India. The group claims the foundation is connected to pharmaceutical companies, said Ashwani Mahajan, a senior member of the organization, which is putting together research detailing its assertion to present to the government and to request government action against the Gates Foundation.

The Public Health Foundation of India (PHFI) is one of India’s largest public health organizations. Yet, this public-private partnership started by the Indian government in 2006 now joins the list of more than 11,000 other Indian NGOs that have lost their licenses since Prime Minister Narendra Modi took office in 2014. The move is indicative of what many perceive as the Indian government’s aggressive, continuous crackdown on the foreign funding of major NGOs. As was reported in the New York Times, these foreign donors include the Bill and Melinda Gates Foundation—a notable financier of the PHFI.

The Times confirms that the PHFI “has long been a giant in the public health sphere” in India. In 2006, former prime minister Manmohan Singh used seed money from the Ministry of Health to create the organization. In coordination with the government, most of its funding comes from foreign sources: “The foundation received more than $30 million in grants from various sources in the fiscal year ending March 2016, according to financial documents on its website.”

PHFI spokesman and media relations director Rajiv Chhibber spoke to the Times about a letter the organization received a week or so ago. Chhibber said, “The letter says that we have utilized funds from tobacco and HIV projects for lobbying against media and parliamentarians.” He further explained, “The Gates Foundation provides most of the funding for the tobacco and HIV programs [and] both operate in partnership with the Indian government.”

Kuldeep Singh Dhatwalia, spokesman for India’s Ministry of Home Affairs, confirmed the PHFI’s foreign funding block and license cancellation. The only explanation he gave was that there were “irregularities” in some of its programs. Though he declined to specify any other reasons for the cancellation, the Times offers the following:

The New York Times reminds us that foreign-backed NGOs are not allowed to support any anti-government lobbying activities. However, Chhibber argued that the PHFI was not involved in anything of the sort. On the contrary, “a large part of the organization’s tobacco program involved research on tobacco’s health effects. He said the foundation worked with the government on this program.” In fact, Chhibber said that all the programs the government cited in the letter are ones run in coordination with the government.

After receiving the letter, the PHFI sent an explanation of its programs to Indian officials. Hoping for reevaluation, Chhibber states that they are “still in conversations with the government…We’ve also given them supporting documents to show that whatever was done was done on the behest of the ministry or to carry forward the tobacco policy.”

Meantime, in a statement, the Gates Foundation assured the public that the foundation supports a “variety of partners to undertake charitable objectives and requires these partners to comply with all applicable laws.” In what reads as a direct response to criticisms from the Indian government, the foundation said, “Ensuring the adequate production and affordability of vital and safe vaccines for the world’s poorest populations is of the utmost importance.”

The Modi-led government continues to tighten the reins on NGO activity across India. Shutdowns escalate with only vague explanations from the administration and few details. The New York Times states that organizations such as Compassion International, a U.S.-based Christian charity “that provided meals and tuition subsidies to needy children in India,” have been shuttered. NPQ has reported on charitable organizations that suffered the same fate because they received foreign funding, such as Navsarjan, and other Indian NGOs are still losing their licenses because they get funding from prominent foreign organizations such as the World Health Organization and International Red Cross. This reflects a larger trend (covered by the NPQ Newswire) of countries constraining nonprofit organizations, particularly those that do advocacy.

India touts itself as being a growing global democracy, but many of us remain shocked at the disturbing paradox presented. NPQ will continue to keep an eye on these trends.—Noreen Ohlrich

Source: https://nonprofitquarterly.org/2017/04/26/indias-crackdown-ngos-hits-gates-foundation/

Discipline and punish

Government action against Public Health Foundation of India appears arbitrary and opaque.

The NGO’s main crime, according to the government, is that it lobbied with parliamentarians and the media on matters related to tobacco control.

Last week, the Union Ministry of Home Affairs invoked the Foreign Contribution Regulation Act (FCRA) to bar the Public Health Foundation of India (PHFI) from receiving foreign funds. Neither the NGO’s track record — it collaborates with the Centre and several state governments on health-related issues including access to drugs, immunisation, HIV prevention, universal health coverage and tobacco control — nor the presence of Union Health Secretary, C.K. Mishra, on its governing board, were enough to save the PHFI from punitive action. The government has justified the action on grounds that the PHFI violated FCRA rules. But, by all accounts, the NGO was not given a chance to respond to the allegations — it could do so only after its FCRA license was revoked.

The NGO’s main crime, according to the government, is that it lobbied with parliamentarians and the media on matters related to tobacco control. The accusation seems unfair because the PHFI has helped the government build up a cadre of public health officials who can take up anti-tobacco initiatives in different parts of the country. It has been a partner of the government — not a lobbying agency. A report of the Lok Sabha Committee of Subordinate Legislation, tabled last year, notes, “They (PHFI) highlighted before the committee the serious repercussions of tobacco use on the health of humans, the effect and impact of printing of big and visible pictoral warnings on different products, cigarette, bidi and pan masala packs on the illiterate and the youth of the country, the position of India vis-a-vis other countries in printing size of pictoral warning on tobacco products.” For the past two years, the government too has been trying to impress the committee — whose members include Allahabad MP and bidi baron, Shyama Charan Gupta — about the desirability of a law making it compulsory that “horrific pictoral warnings” cover 85 per cent of the package surface area of tobacco products. How can fighting a battle, that the government has been engaged in, be construed as lobbying?

Principles of natural justice demanded that the PHFI be given a chance to respond to the charges, before revoking its license. Meanwhile, the government’s action has invited suspicions that it was prompted by the Swadeshi Jagran Manch’s criticism of the PHFI’s funder — the Bill and Melinda Gates Foundation. The government must urgently clear the air on why it has moved against the PHFI.

Source: http://indianexpress.com/article/opinion/editorials/discipline-and-punish-fcra-phfi-ngo-government-action-against-public-health-foundation-of-india-4629671/

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

· 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 must be stopped. Specially these Gow Raksha spread terror and receive foreign funds.


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


Source 2: http://economictimes.indiatimes.com/news/politics-and-nation/registration-of-159-firs-recommended-against-ngos-government-to-supreme-court/articleshow/58377470.cms

7 Ways to Keep Your Nonprofits NGO Board Members Engaged

The members of your board of directors are not just donors. They’re people, too. They didn’t join your nonprofit’s board to ask their friends and family for money, but because they care about your mission. While they are on the inside, they still need to know they are valued and making a difference.

Here are seven ways to help your board feel appreciated and involved:

1. Public Recognition

This type of appreciation can be done in many ways. One way is to feature a different board member profile in each of your nonprofit’s newsletters, giving your donors insight as to who is helping to run your organization. Another is to have a section of your website dedicated to information about your board members. Public recognition can also be done in person. When you host a special event, you could bring attention to your board by taking the time to publicly introduce any members who are in attendance.

2. Thank you event/retreat

Every year you should be treating your board to a thank you event or retreat. Your board works hard for your organization and that hard work should be rewarded with a time to relax together without focusing on business. While business-focused board retreats are a good way to discuss important matters in-depth, it’s critical to also give down time to your board members so that they can bond on a personal level. Remember, boards are teams and people on teams must have respectful relationships with one other in order to work well together and make effective decisions.

3. Listen and Act

Verbally agreeing with your board members on an idea in a meeting is different than actually acting on it. Don’t just talk the talk — walk the walk. Keep a list of ideas that your board members come up with at meetings and revisit it on a regular basis to see if something can be implemented or voted on. This shows board members that their efforts and ideas are being valued, which will encourage their interest in their assignments and your organization.

4. Nominate them for awards

Each month (or year) there should be nominations for outstanding board members for leadership awards within your nonprofit. With the award, include a detailed summary of the accomplishments of the board member and how they have really gone the extra mile to help your nonprofit.

You could also choose to nominate your board members for awards that are outside of your organization. This will not only show your board members that you appreciate them, but also get your organization’s name and mission out there.

5. Check-ins

Check in with your board members individually before or after meetings to gauge how they are feeling about the organization and learn about their personal goals for your cause. Showing individualized care makes your board members feel important and valued, and it also gives more introverted board members the ability to talk in a more personal setting where they might feel more comfortable bringing up difficult issues.

Also use these check in calls as a way to praise and encourage. If you noticed that a certain board member was an integral part of the success of a recent meeting, be sure to acknowledge that as part of the call.

6. Remember special days

You (hopefully!) do it for donors, so why not do it for your board members as well? Send them cards on their birthdays as well as the anniversary of them joining your organization.

7. Send a thank-you note

How often you send notes is up to you, but make them as personal as possible. Call out specific things that a board member has done for your organization and why you appreciate his/her hard work and dedication. As always, be heartfelt and sincere.

Jaitley on NGO crackdown: Good work doesn't give civil society groups immunity from laws

Defending the Indian government's crackdown on foreign-funded NGOs for legal violations, Finance Minister Arun Jaitley has said that "doing good work" does not give civil society groups immunity from laws.

Speaking on Monday at the Council on Foreign Relations here, he said that while contributions have been coming in for good purposes, "we have also suffered on account of some forms of funds coming into India for activities which we don't appreciate."

Answering a question about restrictions placed on civil society groups and foundations receiving foreign funds, Jaitley said the Foreign Contribution Regulations Act (FCRA) has legal requirements that an organisation receiving funds for a particular purpose has to use it for that and file annual returns.

It was found that many groups did not follow the procedures and action was being taken against them, he said.

"The fact that you are doing good work as a civil society organisation doesn't give you any immunity to work outside the law," he said. "That procedure under the law will still have to be followed."

India has come under pressure from the US government and lawmakers over restrictions placed on multi-million dollar remittances by a Christian missionary organisation, Compassion International, which says on its website that for strategic reasons it works with local churches to provide Christian teachings to children that it aids.

Source: http://www.newindianexpress.com/business/2017/apr/25/jaitley-on-ngo-crackdown-good-work-doesnt-give-civil-society-groups-immunity-from-laws-1597559.html

Placed on FCRA blacklist, PHFI worked with govts, from Chhattisgarh to North East

In 2015, the BJP government of Chhattisgarh, represented by health minister Ajay Chandrakar, signed an MoU with PHFI to upgrade specialist doctors in Naxal-hit Bastar.

In 2015, the BJP government of Chhattisgarh, represented by health minister Ajay Chandrakar, signed an MoU with PHFI to upgrade specialist doctors in Naxal-hit Bastar.

Since last week, the top public health NGO Public Health Foundation of India (PHFI) has been in the crosshairs of the NDA government, barred from accepting foreign funds. But not very long ago, it was the preferred partner of not just the UPA government but many BJP governments in states as well.

As recently as October last year, Gujarat Chief Minister Vijay Rupani inaugurated the state-of-the-art new campus of the Indian Institute of Public Health- Gandhinagar (IIPHG), the western regional campus of the Public Health Foundation of India (PHFI). In 2007, Narendra Modi, as CM, had done the bhoomi pujan for this university.

In 2015, the BJP government of Chhattisgarh, represented by health minister Ajay Chandrakar, signed an MoU with PHFI to upgrade specialist doctors in Naxal-hit Bastar. Subsequently, the Chhattisgarh government, in collaboration with UNICEF & PHFI, started work to attract and retain specialised human resources for health in the districts Bijapur and Sukma.

Incidentally, the Swadeshi Jagran Manch, the economic wing of the RSS, has been severely critical of the Bill and Melinda Gates Foundation which is one of the contributors, along with the government of India, to the PHFI seed fund and continues to be one of its donors.

Consider some of the other key projects the PHFI has worked on with BJP governments/municipal authorities:

n The government of Gujarat in October 2013 signed an MoU with PHFI and adopted the Gestational Diabetes Mellitus (GDM) training model of the foundation for its medical officers. PHFI trained 38 officers from Gujarat.

n In August 2015, Anil Mukim, Additional Chief Secretary of the government of Gujarat, wrote to Dileep Mavalankar, director of IIPH Gandhinagar: “I am happy to write this letter appreciating the work which IIPH has done to help Gujarat government on various issues and policy formation, programme design, documenting government work and helping improve implementation of health programmes.”

Several activities were listed in the letter, including designing new health-care centres. The state government also worked with PHFI on community mobilisation, capacity building, research under the Strengthening of Tobacco Control Efforts Through Innovative Partnerships and Strategies (STEPS) programme.

# In September 2015, the government of Madhya Pradesh signed an MoU with PHFI under which 45 officers from MP were trained by PHFI. The same year, the MP government also engaged PHFI for a training program for civil surgeons and a programme for block medical officers on public health leadership.

#In 2015 PHFI conducted three types of training programmes for government of Chhattisgarh on public health, leadership and governance. This is apart from its role in ensuring availability of specialist doctors at the state’s first fully operational Maternal and Child Health (MCH) wing “Umang” in Naxal-affected Bijapur. It was inaugurated on January 31, 2017 by CM Raman Singh.

# BJP-controlled Ahmedabad Municipal Corporation in association with Indian Institute of Public Health, Gandhinagar and partners launched the Heat Action Plan (HAP) in 2013, a first of its kind comprehensive early warning system and preparedness plan for extreme heat events in South Asia. The plan piloted an innovative early warning system and disaster contingency plans and brought down heat wave mortality by 30%. Now being scaled up in other states like Maharashtra, HAP was displayed at the health ministry pavilion at the COP 2015 event in Paris.

PHFI’s association with the NDA government at the Centre though goes beyond its partnership with the health ministry that has now told the PMO that it contributed as much money to the PHFI seed fund as the Bill and Melinda Gates Foundation. The ministry for development of the northeastern region (DONER), under the Technical Assistance & Capacity Building Scheme towards strengthening human resource and health systems in the North Eastern Region, gave a grant-in-aid to PHFI.

The first phase of the project is to be implemented in Assam, Meghalaya, Mizoram and Arunachal Pradesh.

Source: http://indianexpress.com/article/india/placed-on-fcra-blacklist-phfi-worked-with-govts-from-chhattisgarh-to-north-east-4628480/

Draft Three Year Action Agenda of NITI Aayog

In May 2016, the Prime Minister’s Office advised the NITI Aayog, its premier, independent think tank, to prepare a Fifteen Year Vision, Seven Year Strategy and Three Year Action Agenda. The Fifteen Year Vision and Seven Year Strategy document spanning 2017-18 to 2031-32 is in progress. The Action Agenda covers the period from 2017-18 to 2019-20, the last years of the Fourteenth Finance Commission.

How does the Vision, Strategy and Action Agenda exercise differ from the Five Year Plan process?

The 12th Five Year Plan was the last of the Five Year Plans. With an increasingly open and liberalized economy and given the new realities of the global economy, we needed to rethink the tools and approaches to conceptualizing the development process. The Vision, Strategy and Action Agenda framework will allow us to better align the development strategy with the changed reality of India.

An Overview of the Three Year Action Agenda

In preparing the Agenda, the NITI Aayog sought and received inputs from State Governments, Union Territories and Ministries of the Central Government. Extensive consultations were held with groups of scientists, economists, journalists, voluntary organizations, industry associations and experts in education, health, culture, transport and other fields. Numerous experts and institutions provided useful written inputs.

The Draft Agenda was circulated to NITI Aayog’s Governing Council Members on April 23, 2016. It contains ambitious yet achievable proposals to achieve far-reaching changes in India’s economy. Where relevant, we have included possible actions by the states to complement the Centre’s efforts. The document has 7 parts with 24 chapters. The table of contents is attached.

Selected Key Action Agenda Items

Three Year Revenue and Expenditure Framework:
· A tentative medium-term expenditure framework (MTEF) for the Centre is proposed. Based on forecasts of revenue, it proposes sector-wise expenditure allocation for three years.
· Proposes reduction of the fiscal deficit to 3% of the GDP by 2018-19, and the revenue deficit to 0.9% of the GDP by 2019-20.
· The roadmap consisting of shifting additional revenues towards high priority sectors: health, education, agriculture, rural development, defence, railways, roads and other categories of capital expenditure.

Agriculture: Doubling Farmers’ Incomes by 2022

· Reform the Agricultural Produce Marketing to ensure that farmers receive remunerative prices.

· Raise productivity through enhanced irrigation, faster seed replacement and precision agriculture.

· Shift to high value commodities: horticulture, animal husbandry, fisheries.

· A separate detailed roadmap issued by Member, Professor Ramesh Chand


Industry and Services: Job Creation

· Overarching Action Points

· Create Coastal Employment Zones to boost exports and generate high-productivity jobs.

· Enhance labour-market flexibility through reforming key laws

· Address the high and rising share of Non-Performing Assets (NPAs) in India’s banks through supporting the auction of larger assets to private asset reconstruction companies (ARCs), and strengthening the State Bank of India-led ARC.

· Action points for specific sectors

· Apparel

· Leather and footwear

· Electronics

· Food processing

· Gems and jewelry

· Tourism

· Finance

· Real estate.

Urban Development
· Need to bring down land prices to make housing affordable through increased supply of urban land

1. More flexible conversion rules from one use to another

2. Release of land held by sick units

3. Release of other urban land potentially available

4. More generous Floor Space Index.

· Reform the Rent Control Act along the lines of Model Tenancy Act;

· Initiate titles of urban property

· Promote dormitory housing

· Address issues related to city transportation infrastructure and waste management.

Regional strategies
· Actions targeted aimed at improving development outcomes in the (i) North Eastern Region, (ii) Coastal Areas & Islands, (iii) North Himalayan states and (iv) Desert and Drought prone states.

Transport and Digital Connectivity

· Strengthen infrastructure in roadways, railways, shipping & ports, inland waterways and civil aviation.

· Ensure last-mile digital connectivity, particularly for e-governance and financial inclusion, through developing infrastructure, simplifying the payments structure and improving literacy.

· Facilitate Public-Private Partnerships.by reorienting the role of the India Infrastructure Finance Company Ltd. (IIFCL), introducing low cost debt instruments and operationalizing the National Investment Infrastructure Fund (NIIF).

Energy

· Adopt consumer friendly measures such as provision of electricity to all households by 2022, LPG connection to all BPL households, elimination of black carbon by 2022, and extension of the city gas distribution programme to 100 smart cities.

· Reduce the cross-subsidy in the power sector to ensure competitive supply of electricity to industry.

· Reform the coal sector by setting up a regulator, encouraging commercial mining and improving labour productivity.

Science & Technology

· Create comprehensive database of all government schemes and evaluate them for desirable changes

· Develop guidelines for PPPs in S&T to improve education and industry-academia linkages for demand-driven research

· Channel S&T to address development challenges such as access to education, improving agricultural productivity and wastewater management.

· Create a “National Science, Technology & Innovation Foundation” to identify and deliberate national issues, recommend priority interventions in S&T and prepare frameworks for their implementation

· Streamline the administration of the patent regime

Governance

· Re-calibrate the role of the government by shrinking its involvement in activities that do not serve a public purpose and expanding its role in areas that necessarily require public provision

· Implement the roadmap on closing select loss-making PSEs and strategic disinvestment of 20 identified CPSEs.

· Expand the government’s role in public health and quality education.

· Strengthen the civil services through better human resource management, e-governance, addressing anomalies in tenures of secretaries and increasing specialization and lateral entry.

Taxation and Regulation

· Tackle tax evasion, expand the tax base and simplify the tax system through reforms. For example, consolidate existing custom duty rates to a unified rate.

· Create an institutional mechanism for promoting competition through comprehensive review and reform of government regulations across all sectors.

· Strengthen public procurement

The Rule of Law

· Undertake significant judicial system reforms including increased ICT use, structured performance evaluation and reduced judicial workload.

· Legislative, administrative and operational reforms of police are suggested to the states.

Education and Skill Development

· Shift the emphasis on the quality of school education paying particular attention to foundational learning

· Move away from input-based to outcome-based assessments

· Rank outcomes across jurisdictions

· Use ICT judiciously to align teaching to the student’s level and pace

· Revisit the policy of automatic promotion up to eighth grade

· Create a tiered regulation of universities and college to provide greater autonomy to top universities under the current system.

· Focus on creating and funding public universities under the World Class Universities program.

Health

· Focus on public health through significantly increasing government expenditure on it, establishing a focal point and creating a dedicated cadre.

· Generate and disseminate periodic, district-level data as per uniform protocols.

· Formulate a model policy on human resources for health, implement a bridge course for nurses/AYUSH practitioners in primary care.

· Reform IMC Act and the acts governing homeopathy and Indian systems of medicine

· Launch the National Nutrition Mission; develop a comprehensive Nutrition Information System.

Building an Inclusive Society

· Enhance the welfare of women, children, youth, minorities, SC, ST, OBCs, differently abled persons and senior citizens.

· Develop a composite gender-based index to reflect the status of women in the country.

· Introduce skill-based education and extra-curricular activities as a mandatory part of school curricula; design innovative conditional cash transfer schemes to encourage girls’ education.

Environment and Water Resources

· Adopt sustainable practices and streamline regulatory structures to support high economic growth.

· Adopt measures to tackle city air pollution

· Revisit the policy towards felling of trees on private land and transport of trees

· Promote sustainable use of water resources by improving groundwater management, adopting smart water meters for specific industrial units and enhancing the regulatory environment in the sector.

Arun Jaitley defends government move to bar NGOs from receiving foreign funds

Finance Minister Arun Jaitley today defended the government's move to bar some NGOs from receiving foreign funding, saying doing good work as a civil society organisation does not make them immune to the law.

Finance Minister Arun Jaitley today defended the government’s move to bar some NGOs from receiving foreign funding, saying doing good work as a civil society organisation does not make them immune to the law. Asked what message the government was sending by increasing pressure on NGOs when there was so much talk about India being open to foreign investment, Jaitley said that doing good work as a civil society organisation does not give immunity to work outside the legal system.

“The FCRA has a requirement which is that when you get the funding through a particular mechanism, you have to use the funds that you get for that particular purpose and you have to file annual returns. Data has been released as to the extent of how many organisations did not follow that process. “And therefore the fact that you are doing good work as a civil society organisation does not give you any immunity to work outside the law,” he said at the Council on Foreign Relations, a prominent American think tank.

The minister said that the procedure under the law will have to be followed “because, don’t forget, India has the advantage of a lot of investment in business or civil society coming in for a good purpose.” Jaitley added that India has also suffered on account of some forms of funding coming into the country for activities “which we don’t appreciate.” He did not elaborate what activities he was referring to.

His remarks have come in the backdrop of the government tightening the noose around the foreign funding route taken by NGOs operating in the country. Last week, the Union home ministry cancelled the Foreign Contribution (Regulation) Act (FCRA) registration of Delhi- based Public Health Foundation of India (PHFI), thereby barring the NGO from receiving foreign contribution.

As per the government rules, an organisation that intends to receive foreign funds has to register under the FCRA. The action against the PHFI was taken after the ministry found that the NGO was allegedly violating provisions of the FCRA by “diverting” foreign funds for purposes other than intended for, official sources had said then.

Source: http://www.financialexpress.com/india-news/arun-jaitley-defends-government-move-to-bar-ngos-from-receiving-foreign-funds/640715/

Ministry to PMO: Equal partners in NGO that lost foreign fund licence

The ministry is learnt to have told the PMO that the seed money for PHFI came from the ministry, BMGF and the private sector — Rs 65 crore each, and Rs 80 crore, respectively, according to a source.

THE HEALTH Ministry has told the Prime Minister’s Office (PMO) that the ministry and the Bill and Melinda Gates Foundation (BMGF) had made equal contributions — Rs 65 crore each — in the seed fund for setting up the Public Health Foundation of India (PHFI), an NGO working on public health.

The ministry stated this in reply to a clarification sought by the PMO on funding, governance structure and anti-tobacco activities of PHFI, which is one of the stated reasons for the sudden decision to cancel PHFI’s registration under Foreign Contribution (Regulation) Act.

The ministry is learnt to have told the PMO that the seed money for PHFI came from the ministry, BMGF and the private sector — Rs 65 crore each, and Rs 80 crore, respectively, according to a source. The ministry said that PHFI is currently funded by a whole gamut of national and international organisations, apart from BMGF.

Proximity to BMGF is widely believed to be one of the reasons for PHFI losing FCRA registration, originally valid until 2021. The RSS-aligned Swadeshi Jagran Manch is said to be at odds with BMGF.

A source with knowledge of the ministry’s statement to the PMO said, “The BMGF is not its only funding agency. As for the governing structure, they (PHFI) are registered as not-for-profit trust with a board, of which the Union Health Secretary is a member.”

The source said, “There is representation from the ministry in its various other committees also. The ministry has told the PMO about all anti-tobacco activities it has undertaken along with PHFI. It is a factual statement without any qualitative comments.”

The Home Ministry, which decides on the FCRA registration, has not sought any clarification from the Health Ministry.

The BMGF also supports the Immunisation Technical Support Unit in a “techno-managerial” capacity.

In its statement to PMO, ministry has said that PHFI has conducted several training/advocacy workshops for it to train law enforcers, NGOs, media and sensitise stakeholders from inter-ministerial departments on effective enforcement of National Tobacco Control Programme and Cigarette and Other Tobacco Products Act 2003.

Source: http://indianexpress.com/article/india/ministry-to-pmo-equal-partners-in-ngo-that-lost-foreign-fund-licence-4626885/

Jaitley defends govt move to bar NGOs from receiving fgn funds

New York, Apr 24 (PTI) Finance Minister Arun Jaitley today defended the governments move to bar some NGOs from receiving foreign funding, saying doing good work as a civil society organisation does not make them immune to the law.

Asked what message the government was sending by increasing pressure on NGOs when there was so much talk about India being open to foreign investment, Jaitley said that doing good work as a civil society organisation does not give immunity to work outside the legal system.

"The FCRA has a requirement which is that when you get the funding through a particular mechanism, you have to use the funds that you get for that particular purpose and you have to file annual returns. Data has been released as to the extent of how many organisations did not follow that process.

"And therefore the fact that you are doing good work as a civil society organisation does not give you any immunity to work outside the law," he said at the Council on Foreign Relations, a prominent American think tank.

The minister said that the procedure under the law will have to be followed "because, dont forget, India has the advantage of a lot of investment in business or civil society coming in for a good purpose."

Jaitley added that India has also suffered on account of some forms of funding coming into the country for activities "which we dont appreciate." He did not elaborate what activities he was referring to.

His remarks have come in the backdrop of the government tightening the noose around the foreign funding route taken by NGOs operating in the country.

Last week, the Union home ministry cancelled the Foreign Contribution (Regulation) Act (FCRA) registration of Delhi- based Public Health Foundation of India (PHFI), thereby barring the NGO from receiving foreign contribution.

As per the government rules, an organisation that intends to receive foreign funds has to register under the FCRA.

The action against the PHFI was taken after the ministry found that the NGO was allegedly violating provisions of the FCRA by "diverting" foreign funds for purposes other than intended for, official sources had said then. PTI YAS ABH

Source: http://indiatoday.intoday.in/story/jaitley-defends-govt-move-to-bar-ngos-from-receiving-fgn-funds/1/937310.html