MHA Mounts Pressure To Comply Under The Lokpal Act

The pressure to comply under the Lokpal and Lokayukta Act 2013 now appears to have taken a very swift turn.

The Ministry of Home Affairs (MHA) which is now the competent authority for office bearers and officers of NGOs which have received more than Rs. 10 Lakhs under FCRA to report under the Lokpal and Lokayukta Act 2013 has issued an order No. II/21022/58(0389)/2016/FCRA (MU)/S-3 dated 20^thJuly, 2016 stating:

“Any person who is or has been a Director, Manager, Secretary or other officer of every other society or association of persons or trust (whether registered under any law for the time being in force or not) in receipt of any donation from any foreign source under the Foreign Contribution (Regulation) Act, 2010 in excess of ten lakh rupees in a year” are required to furnish on or before 31^st July every year an annual return of assets and liabilities, as referred to in sub-section 2 of section 44 of the Act, as on 31^st March of the year.

FCRA UPDATE 21st JULY

The Order goes on to state that all the public servants are requested to file their returns in Appendix-I within the stipulated period “without fail to avoid any action as prescribed by the Lokpal and Lokayukta Act, 2013.”

The Order concludes with the statement: “The return for the FY 2015-16 is to be filed on or before 31.07.2016.

Since MHA does not appear to have arranged for on-line filing of the returns, it may be assumed that hard copies could be sent by Speed Post or Registered post to:

The Joint Secretary

Ministry of Home Affairs

(Foreigners Division) FCRA Wing,

 NDCC-II Building, JAI SINGH ROAD,

Opposite Parliament Street, Near Jantar Mantar

New Delhi 110 001

In the meantime several efforts are being made by CAP and other networks in Delhi and across India to:

a) Seek extension as this has caught the voluntary sector unawares and hundreds of organisations are not even aware regarding this law;

b) Seek redress through the courts.

Our advisory for the moment is keep prepared. Compile the required information and keep it ready. But, wait just a bit more till we can bring you news regarding the government extending the date for compliance and legal redress that many of us are simultaneously seeking across several states in India.

Noshir Dadrawala