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NGOs under Lokpal

Another compliance requirement to be fulfilled by NGO and NPOs. This time, its Lokpal and Lokayukt Act (LLA, 2013). Yes NGOs are under the scanner of Lokpal now. Recently notified by the Ministry of Personnel, Public Grievances and Pensions nos 1541, 1542 and 1543 (dated 20.06.2016) specify the procedure and clarity regarding Lokpal.

(See Full Notification here)

Let us discuss this in FAQs.

Which NGOs/NPOs are covered?

As per notification three types of trust / society and associations (NGOs) are covered.

  1. NGOs owned by government
  2. NGOs, which has received grant or Rs. 1 crore and above from Government
  3. NGOs, which has received FC funds of Rs. 10 lacs and above

What type of compliance?

“Public Servant” of above NGOs has to submit return declaring the Assets and Liabilities, as per sec44 of LLA, 2013.

Who is “Public Servant”?

Definition of “Public Servant” is not clearly given in the LLA, 2013. However all the Board Members are certainly covered.

Who is liable?

“Public Servant” in individual capacity is liable. Thus NGO per se is not liable, but all the trustees / board members are liable to comply with the provisions of LLA, 2013.

How to declare Assets and Liabilities?

There are 4 forms specify –

  1. Form I: Name of spouse, dependent children, public position held by them,
  2. Form II: Details of movable property such as cash, bank balances, investments, provident fund, loans and advances, vehicles, jewellery, gold, etc.
  3. Form III: Details of immovable property such as land, house, shops etc.
  4. Form IV: Details of loans taken, along with details

Download forms in excel from below link –

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Whose Assets and Liabilities?

  1. Self
  2. Spouse
  3. Dependent Children

Whom to Submit?

 

  • NGOs owned by government – Respective Department
  • NGOs, which has received grant or Rs. 1 crore and above from Government – Department from which highest grant received 
  • NGOs, which has received FC funds of Rs. 10 lacs and above – FCRA Department, Home Ministry.

 

How to send declaration?

For now, only by registered post.

For How many years and what is the last date?

As per act, till the grant is not utilized, every year such return should be submitted. So, currently, return for 2015-16 is to be submitted before 31.07.2016.

There after for every year, last date is 31st July.

Any person become public servant in between the year, has to file return within 30 days form the date he is appointed.

Penalty?

If declaration is not submitted or the assets are not declared, it is presumed that all the assets are acquired through corrupt means and also it will be treated as offense and Lokpal can initiate the inquiry against the “Public Servant”.

Video Tutorial

Any other question?

Kindly put your comments and question in the below comment section.

 

 

FCRA Renewal Last Date extended

As all of you aware, that today was the last day for filling Form FC-3 for renewal of FCRA. Major relief for those who have not filled this form. FCRA renewal Last date is extended till June 30, 2016.

Important Announcement by FCRA

So Now, Last date for filling renewal form FC-3 is June 30, 2016.

extenddate

 

Have you Upload FCRA Financials to your NGO Website?

One of the major changes notified in the Amendments Rules 2015 is that now every NGO has to upload FCRA Financials to their websites within 9 months of year end. So the time limit is 31st December to upload FCRA financials to your NGO Website. In the same clause another amendment is to upload quarterly  FCRA receipts within 15 days of the quarter end. Let us discuss this in detail.

A. Upload FCRA Financials (Annually)

Q1 : What should be upload?

A1 :  Receipts and Payments Account (FC Funds), Income and Expenditure Accounts (FC Funds), Balance Sheet (FC Funds) and all the annexures.

Q2 : Is it Audited Statements?

A2 : Yes, all statements must be audited by chartered accountant.

Q3 : What is recommended format?

A3 : No format is recommended by FCRA department. It is preferable to have in PDF format.

Q4 : Where it should be upload?

A4 : NGO’s official website.

Q5 : What is the deadline?

A5 : After 9 months of Financial Year ends. i.e. 31st December.

Q6 : From which year  it should be upload?

A6 : Upload Financial Statements of 2014-15 immediately.

B. Upload Details of FC receipts  (Quarterly)

Q1 : What should be upload?

A1 :  Details of Donors, Amount Received and Date of Receipt.

Q2 : Is it Audited ?

A2 : No, only details to be uploaded.

Q3 : What is recommended format?

A3 : No format is recommended by FCRA department. It is preferable to have in PDF format.

Q4 : Where it should be upload?

A4 : As per the rule 13(b) of amendments 2015, It should be upload to NGO’s official website or website specified by the Central Government. (However no such website is specified by the Government yet, so preferable is to upload to NGO’s website right now)

Q5 : What is the deadline?

A5 : 15 Days after the end of the quarter.

  • Quarter
  • April to June
  • July to September
  • October to December
  • January to March
  • Deadline
  • 15th July
  • 15th October
  • 15th January
  • 15th April

Q6 : From which Quarter  it should be upload?

A6 : As per my opinion, NGO has to upload for three quarters of FY 2015-16  ending on 30 Jun, 30 Sept and 31 Dec  immediately.

C.What if NGO do not have website

If the NGOs do not have website, then it should get one. As the cost of creating and maintaining website is bit higher, I recommended to use below free tools / website :

https://wordpress.com/

https://www.blogger.com

Also watch my video on how to create free website of NGO on wordpress.com.

Kindly put your queries /questions / suggestions in the below comment box.