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Title Name Amity Solved Assignment PGDM NGO for Legal Provisions and Social Sector
University AMITY
Service Type Assignment
Course PGDM-(NGO-Management)
Semister Semester-I Cource: PGDM-(NGO-Management)
Short Name or Subject Code Legal Provisions & Social Sector
Commerce line item Type Semester-I Cource: PGDM-(NGO-Management)
Product Assignment of PGDM-(NGO-Management) Semester-I (AMITY)

Solved Assignment


  Questions :-

                                                            Amity PGDM In NGO Management For Legal Provisions & Social Sector Sem 1

                                                                                                                Legal Provisions & Social Sector

Assignment  A 

1 .        What are the main legal provisions under which non-profit organizations or NGOs can be registered in India? What are the main requirements/procedures for registration under each of them?

2 .        Discuss some of the Legal Provisions that provide enabling conditions for NPOs or NGOs?

3 . Critically examine the FCRA from the point of view of NGOs.

4 . Discuss the major Labour Laws which provide for welfare of the NGO workers.

5 .        What are the important legislations and statutory bodies created by Govt. of India in order help people with different types of disabilities? Discuss their main thrust areas.

6 .        Are there any laws in India which can be invoked against evils of Dowry and Domestic Violence.  Discuss the main provisions under these laws. How can the NGOs assist the victims.)

7 .        Would you say that some of the laws take care of social crimes? What role do the NGOs play in this context?

8 .        Describe the provisions of Right to Information (RTI) Act. What is the background of this law? What is the procedure for obtaining information?

 

 

 

Assignment  B

Case Detail : 

Read the case study given below and answer the questions given therein. 

Case Study

       .The Association of Voluntary Agencies for Rural Development (AVARD) is a society registered as a society under the Societies Registration Act. The principal object of the association is the welfare of the rural communities. With this end in view, the association works for the mutual co-operation of the voluntary agencies. It works as a clearing house for information on rural welfare and publishes monographs, periodicals, journals, etc., for that purpose. It also holds seminars on the welfare of the rural population. It carries on other activities for rural development, including preparation of master plan and assistance in its implementation.

      The society was also registered under the Foreign Contribution (Regulation) Act, 1976. Between 1979 and 1981 the association received approximately a sum of Rs. 20 lakhs in Indian currency from the Ford Foundation office in India which had obtained prior permission and no objection certification from the Ministry of Finance, Government of India. In April, 1988, the Ministry of Home Affairs (MHA) issued a show-cause notice to the association under section 6 of the Foreign Contribution (Regulation) Act, for alleged violations of the Act. A detailed reply to the same was filed on April 26, 1988. After the receipt of the said reply, no action was taken by the Government pursuant to section 6.

But suddenly on May, 19, 1988, The Ministry of Home Affairs (MHA), Govt. of India, under section 10(b) of the Foreign Contribution (Regulation) Act, 1976, which empowers the Central Government to prohibit receipt of foreign contribution in certain contingency directed AVARD without giving any show cause notice to obtain prior permission of the Central Government to accept any foreign contribution from the date of the order until further orders.

The impugned order is attacked on the ground of non-existence of objective material vitiating the alleged “satisfaction” and breach of the principles of natural justice. No show-cause notice was given to the appellant before the order was passed and no reasons were stated in the order although it was alleged that the conduct of the appellant was “prejudicial to the public interests.”

 Question NO. 

1.         What is the remedy open to the AVARD? Is registration of the AVARD necessary for receiving foreign contribution?

2.         Who are prohibited to accept foreign contribution under the foreign contribution (Regulation) Act, 1976? Who can accept foreign contribution?

3.         Is there any prohibition to accept foreign hospitality? If so, state the same.

 

 

 

 

Assignment C

Question No.  1           Marks - 10

For registration under Societies Registration Act A Memorandum of Association is filed which contains 

Options          

  1. Name of The society;       
  2. the objective of the society;         
  3. A copy of Rules and Regulations of the society 
  4. All the above

 

Question No.  2           Marks - 10

As far as enforcement of a judgment against the society is concerned, which of the following is not true?

 Options          

  1. If a judgment for recovery is against the person or officer named on behalf of the society, such judgment shall not be put in force against the property, movable or immovable, or against the body of such person or officer but against the property of the society.           
  2. If a judgment for recovery is against the person or officer named on behalf of the society, such judgment shall be put in force against the property, movable or immovable, or against the body of such person or officer.     
  3. The application for execution shall set forth the judgment, the fact of the party against whom it shall have been recovered having sued or having been sued as the case may be, on behalf of the society only, and shall require to have judgment enforced against the property of the society.     
  4. Any member who may be in arrear of a subscription which according to the rules of society he is bound to pay, or who shall possess himself of or detain any property of the society in a manner or for a time contrary to such rules, or shall injure or destroy any property of the society, may be sued for such arrear or for the damage accruing from such detention, injury or destruction of property in the manner hereinbefore provided.     

 

Question No.  3           Marks - 10

The main instrument of any public charitable trust is the trust deed. It contains:

 Options          

  1. Maximum and minimum number of trustees       
  2. Aims and objects of the trust       
  3. Neither of the two options given above is true    
  4. Both the options given above are true.    

 

Question No.  4           Marks - 10

According to section -25(1)(a) and (b) of the Companies Act 1956, a company  can be established for promoting commerce, art, science, religion, charity or any other useful object provided the profits if any, or any other income is applied for      

 Options          

  1. Promoting only the objects of the company        
  2. Dividends are paid to its members          
  3. Only (a) is true     
  4. Only (b) is true

 

Question No.  5           Marks - 10

For registration under section 25 of Companies Act 1956, there are certain requirements.  Which one of the following is not one of them?

 Options          

  1. A section 25 company must have at least seven trustees.
  2. an application must be made for availability of a name to the registrar of Companies in the prescribed form no 1A together with a fees of Rs. 500/-      
  3. Once the availability of names is confirmed, an application should be made in writing to the regional director of the company law board with requisite documents.   
  4. The applicants must also furnish to the registrar of companies (of the state in which the registered office of the proposed company is to be or is situated) a copy of the application and each of the documents that had been filed before the regional director of company law board.        

 

Question No.  6           Marks - 10

Foreign Contribution is one of the ways of raising funds for the NGOs.  Section 6 oft he Foreign Contribution Regulation Act 1976 says that any organization having a definite cultural/social/educational/religious/economic object shall only accept foreign contribution after satisfying two conditions:

 Options          

  1. Registration with the Central Government in accordance with the rules made under this Act  
  2. Agrees to receive such foreign contributions only through one of the branches of a bank as it may specify in its application   
  3. Both are true        
  4. Both are false

 

Question No.  7           Marks - 10

According to the FCRA Act 1976, in which of the following circumstances the Central Government may  prevent the organization from accepting foreign contribution without prior permission :

 Options          

  1. The organization receives funds through an account other than that branch of a bank through which it had agreed to receive the funds at the time of registration,
  2. The organization has taken prior permission,       
  3. The organization fails to give intimation within the prescribed time or in the prescribed manner          
  4. The organization gives any intimation which is false.

 

Question No.  8           Marks - 10

Foreign Contribution Amendment Rules, 2000, inserted clause 10-A in Form FC-1A requiring the insertion of a certification from a competent authority. Which one of the following is not a competent authority in this regard

 Options          

  1. Collector of District         
  2. Registrar of Joint Stock Companies        
  3. Department of State Government           
  4. Ministry or Department of Government of India

 

Question No.  9           Marks - 10

  Under the FCRA the Central Government has the power of seizing and confiscating articles and currency if held in contravention of the Act. The relevant sections in this regard are 16, 17, 18 19 and 20. Section 20 says

 Options          

  1. “Opportunity to be given before adjudication of confiscation”. 
  2. Seizure of the currency received in contravention of the Act     
  3. Seizure to be made in accordance with the Code of Criminal Procedure, 1973 
  4. Confiscation of article or currency obtained in contravention of the law if such article or currency has been adjudged under section 19.

 

Question No.  10         Marks - 10

 NGOs can get tax exemption by getting themselves registered under section 35 AC. Which is the section under which donors get 50%  tax exemption

Options          

  1. Section 10(23)(C),           
  2. Section 80 G,       
  3. Section 80 GGA, 
  4. Section 35CCA

 

Question No.  11         Marks - 10

For Registration under Section 80 G of Income Tax Act there are some conditions to be  fulfilled.  Which one of the following is not one of these conditions?

 Options          

  1. The byelaws or objectives of the NGOs should not contain any provision for spending the income or assets of the NGO for purposes other than charitable.    
  2. The NGO maintains regular accounts of its receipts and expenditure.   
  3. The NGO is working for the benefit of particular religious community or caste
  4. The NGO is properly registered under the Societies Registration Act 1860 or under any law corresponding to that act or is registered under section 25 of the Companies Act 1956.           

 

Question No.  12         Marks - 10

When did the Pre Conception and Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) ACT, 1994 come into effect?

 Options          

  1. 1996         
  2. 1995         
  3. 2000         
  4. 2001

 

Question No.  13         Marks - 10

 Why was the PCPNDT Act amended in February 2003 and why?

 Options          

  1. A PIL was filed by five people   
  2. A PIL was filed by three people  
  3. mushrooming of ultrasound clinics          
  4. None of the above.

 

 

Question No.  14         Marks - 10

Every Sonologist is required to fill ‘Form F’ before conducting an ultrasound on a pregnant mother.  It is submitted to District appropriate authority (AA). Which of the following statements is not true?

 Options          

  1. The Form has 19 questions          
  2. It is prescribed in section 17.3 of PC& PNDT Act         
  3. The clinics are supposed to keep the record of ‘Form F’ with them for three ye
  4. AAs are supposed to automatically handover these forms to the NGOs

 

 

Question No.  15         Marks - 10

Medical Termination of Pregnancy Act, 1971

 Options          

  1. Legalizes abortions          
  2. Bans sex selective abortions        
  3. Both are true        
  4. Only (a) is true.

 

Question No.  16         Marks - 10

According to Right to Information Act 2005, Right to Information means right to

 Options          

  1. Inspect works, documents, records         
  2. Take notes, extracts or certified copies of documents or records
  3. Take certified samples of material           
  4. All the above

 

Question No.  17         Marks - 10

Central Information Commission is constituted by the Central Government through a Gazette Notification. It includes 1(0ne) Chief Information Commissioner (CIC) and not more than 10 Information Officers(IC). They are appointed by

 Options          

  1. the President of India      
  2. the Central Government  
  3. the Parliament of India    
  4. the Vice President of India

 

Question No.  18         Marks - 10

Out of the term of Office and other service conditions of CIC mentioned below, which is not true

Options          

  1. CIC is appointed for a term of 5 years from the date on which he enters his office or till he attains the age of 65 whichever is earlier 
  2. CIC is not eligible for reappointment      
  3. His salary will be the same as the Chief Election commissioner 
  4. He can be a Member of Parliament or any State Legislature       

 

Question No.  19         Marks - 10

The Persons with Disabilities Act, 1995 (PWD Act) ensures equal opportunities for people with disabilities, protection of rights and their full participation in Nation Building. Which one of the following does not figure as rights and privileges mentioned in this Act.

Options          

  1. Travel concession for the disabled     
  2. Reservation of jobs and other facilities for disabled persons
  3. Central Government schemes for rehabilitation of persons with disability   
  4. Having ramps in all the public buildings for the persons with disabilities

 

 

Question No.  20         Marks - 10

According to section 51 of PWD Act 1995, “Save as otherwise provided under this Act, no person shall establish or maintain any institution for persons with disabilities except under and in accordance with a certificate of registration issued in this behalf by the competent authority”. 

“Provided that a person maintaining an institution for persons with disabilities immediately before the commencement of this Act may continue to maintain such institution for a period of six months from such commencement and if he has made an application for such certificate under this section within the said period of six months, till the disposal of such application.”    Does this section apply to NGOs desirous of running such an institution?          

Options          

  1. yes      
  2. no       
  3. yes, subject to certain conditions       
  4. None of above

 

Question No.  21         Marks - 10

The National Trust Act (Act 44 of 1999) establishes a statutory body under the ministry of Social Justice and Empowerment, Govt. of India, set up under the ‘National Trust for the welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities”. Which one of the following is not one of its aims?

Options          

  1. To provide care and protection to persons with autism, cerebral palsy, mental retardation and multiple disabilities      
  2. To provide guardianship of two types: guardians for the persons and guardian for person’s property        
  3. To evolve procedures for the appointment of guardians and Trustees for persons with disability requiring such protection           
  4. None of the above

 

Question No.  22         Marks - 10

About the National Trust which of the following is not one of its objectives:

Options          

  1. To enable and empower persons with disabilities to live as independently and as fully as possible within and as close to the community to which they belong       
  2. To strengthen facilities to provide support to persons with disabilities to live within their own families     
  3. To promote measures for the care and protection of persons with disability in the event of death of their parents or guardians   
  4. to regulate the training policies and programmes in the field rehabilitation of persons with disabilities.

 

Question No.  23         Marks - 10

Rehabilitation Council of India was set up as registered society in 1986 under the aegis of the Ministry of Social Justice & Empowerment (then Ministry of Social Welfare) to standardize and maintain uniform standard of training of professionals.  When was the Rehabilitation Council of India Act passed?

Options          

  1. 1990   
  2. 1992   
  3. 1993   
  4. 1994

 

Question No.  24         Marks - 10

One of the following is not included in the aims and objectives of the RCI:

Options          

  1. To collect information on a regular basis on educational training in the field of rehabilitation of people with disabilities from institutions in India and abroad      
  2. To recognize vocational rehabilitation centers as manpower development centres   
  3. To register vocational instructor and other persons working in the vocational rehabilitation centers           
  4. To facilitate the realization of equal opportunities, protection of rights and full participation of persons with disabilities

 

Question No.  25         Marks - 10

Under the Employees’ Provident Funds Miscellaneous Provisions Act, 1952, is now applicable to employees drawing pay not exceeding

Options          

  1. Rs5, 000/- per month 
  2. Rs.6,000/- per month 
  3. Rs.7,000/- per month 
  4. Rs 8,000/- per month

 

Question No.  26         Marks - 10

Which of the provisions of the Payment of Gratuity Act, 1972 applies to NGO worker?   

Options          

  1. Every port, mine, oilfield, plantation, port and Railway Company   
  2. every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed on any day of the preceding twelve months       
  3. Such other establishments or class of establishments, in which ten or more employees are employed or were employed on any day of the preceding twelve months         
  4. None of the above

 

Question No.  27         Marks - 10

Payment of Gratuity to an employee is  made on the termination of his employment after he has rendered continuous service for less than five years

Options          

  1. On his superannuation, or      
  2. On his retirement or resignation or    
  3. On his death or disablement due to accident or disease, provided that the completion of continuous service of five years shall not be necessary where the termination of any employee is due to death or disablement.           
  4. All the above

 

Question No.  28         Marks - 10

Which of the following statements are not true “If the amount of gratuity payable under this Act is not paid by the employer within the prescribed time, to the person entitled thereto, the controlling authority shall on an application made to it in this behalf by the aggrieved person?

Options          

  1. Issue a certificate to the Collector     
  2. Collector shall recover the same, together with compound interest thereon at such rates as the Central Government may, by notification, specify    
  3. The Collector would pay the recovered arrears to the person entitled thereto          
  4. The amount of interest payable under this section may exceed the amount of gratuity payable under this Act.           

 

Question No.  29         Marks - 10

Under the Domestic Vilolence Act 2005 any act, omission or commission or conduct of the respondent shall constitute Domestic Violence in case it

Options          

  1. harms or injures or endangers the health, safety, life, limb or well being, whether mental, physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
  2. harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or        
  3. has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause(a) or (b) or otherwise injures or causes harm whether physical or mental, to the aggrieved person.  
  4. All of the above

 

Question No.  30         Marks - 10

As per Dowry Prohibition Act, dowry is defined as “any property or valuable security given or agreed to be given either directly or indirectly by one party to a marriage or by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other persons or before or any other time after the marriage in connection with the marriage of the said parties. As per definition gifts of jewelry, clothes and cash traditionally given by the grooms family would also be covered by the anti dowry law and hence declared illegal. 

Two amendments enacted in 1984 and 1986 made dowry giving and receiving a cognizable offence.

 Options          

  1. This means a court can initiate proceedings upon its own knowledge or on the basis of a police report, even if the aggrieved person has lodged no such complaint.
  2. The anti-dowry law can be invoked against giving of presents at the time of marriage to the bride without any demand having been made provided that such presents are entered in a list maintained in accordance with the rules as defined under anti-dowry act.        
  3. Presents given to the groom are also exempted, provided no demand has been made and they are entered in a list and provided that such presents are of a customary nature and the value thereof is not excessive in relation to financial status of the person by whom, or on whose behalf, such presents are given.    
  4. All the above

 

Question No.  31         Marks - 10

In 1983, section 498 A of the Indian Penal Code defined cognizable offence. Which of the following is not a part of section 498 a.

Options          

  1. Once such complaint is registered by the victim or any of her relatives, the police have no option but to take action.
  2. It prescribes imprisonment for a term, which may extend to three years and also includes a fine.   
  3. The definition of cruelty is just not confined to causing grave injury, bodily harm or danger to life, limb or physical health, but also includes harming mental health by harassment and emotional torture.      
  4. Imprisonment of not less than 7 years and upto life imprisonment related to dowry death within seven years of marriage in abnormal situation.

 

Question No.  32         Marks - 10

Dowry prohibition Act authorizes some government officials to act as the protection officer for dowry related cases.  Every Dowry Prohibition Officer shall exercise and perform the certain powers and functions. Which one of the following is not one of them:

 Options          

  1. To see that provisions of this Act are complied with
  2. To prevent, as far as possible, the taking or abetting taking of, or the demanding of dowry           
  3. To perform such additional functions as may be assigned to him by the Central Governm 
  4. To collect such evidence as may be necessary for prosecution of persons committing offences under the Act.

 

Question No.  33         Marks - 10

According to Section 13 of the Domestic Violence Act, a new sub section on service providers is a vital tool for the implementation of this Act.   Which of the following statements regarding the Service Providers is true?

Options          

  1. Are private organizations recognized under Companies Act /Societies Registration Act.    
  2. Will have to register with the state govt. as a service provider to record the domestic incident report in prescribed form if the aggrieved person so desires    
  3. Get the aggrieved person medically examined and forward a copy of the medical report to the protection officer and the police station within the local limits of which the domestic violence took place     
  4. All the above

 

Question No.  34         Marks - 10

The Child Marriage Restraint Act, 1929 has not yielded desired results because the Act says:       

 Options          

  1. Whoever performs conducts or directs any child marriage shall be punished with simple imprisonment which may extend to three months and shall also be liable to fine unless he proves that he had reasons to believe that the marriage was not a child marriage.   
  2. Minors are incapable of entering into any valid contract and marriage under the Hindu law is not a contract. So the words “where a minor contracts a child marriage” …should be understood as “where a child marriage” takes place or where a minor enters into a child marriage.
  3. The child bride or the child bridegrooms are mere passive actors in such a marriage and the active participants are parents, guardians or the custodians of such children. The imposition of fine lacks deterrent effect.    
  4. None of the above.

 

Question No.  35         Marks - 10

Under the society’s registration Act Societies, can the governing body alter, extend or abridge any particular purpose or purposes for which it was formed?

 Options          

  1. Yes, if the governing body submits the proposition to the members of the society in written or printed report and may convene a meeting for consideration thereof according to regulations of the society.       
  2. No such proposition shall be carried into effect unless such report shall have been delivered or sent by post to every member of the society ten days previous to the special meeting convened by the governing body.  
  3. Such proposition should have been agreed to by the votes of three fifths of the members delivered in person or by proxy, and confirmed by the votes of three fifths of the members present at a second special meeting convened by the governing body at an interval of one month after the former meeting.     
  4. All of the above

 

Question No.  36         Marks - 10

According to Societies Registration Act “once in every year, on or before the fourteenth day succeeding the day on which, according to the rules of the society, the annual general meeting of the society is held, or, if the rules do not provide for an annual general meeting, in the month of January, a list shall be filed with the of the names, addresses and occupations of the governors, council, directors, committee or other governing body then entrusted with the management of the affairs of the society”.

 With whom is this list filed?

 Options          

  1. Registrar of Joint stock Companies   
  2. Appropriate authority
  3. Collector        
  4. Special Protection Officer

 

Question No.  37         Marks - 10

Which is the Constitutional Amendment which has given 33% reservation to women in Panchayati Raj Institutions?

 Options          

  1. 73rd and 74th Amendment   
  2. 42nd Amendment      
  3. 84th Amendment       
  4. 104th Amendment

 

Question No.  38         Marks - 10

Under the Mahatma Gandhi National Rural Employment Gurantee Scheme (MPNREGS) how many days of employment is guaranteed ‘per household per year’?

Options          

  1. 150 days,        
  2. 100 days         
  3. 90 days           
  4. 120 days

 

Question No.  39         Marks - 10

RTI Act can be considered to be an important tool to monitor the effective implementation of NREGA. Why?

Options          

  1. RTI will enable the people to know how their money is being spent by the government.    
  2. A key provision of the RTI Act is Section 4, which requires proactive disclosure of a range of information. Proactive disclosure refers to the obligation on the government (in this context the PRIs) to publish key information on an ongoing basis, without being requested to do so by citizens.      
  3. RTI Act would cover every aspect of the implementation of MGNREGA. People will have general access to public records and information pertaining to MGNREGA.  
  4. All of the above

 

Question No.  40         Marks - 10

How can the Panchayati Raj Institutions bring transparency to MGNREGA?                    

Options          

  1. Muster rolls will be pro-actively displayed at the Panchayat Bhavan;          
  2. All relevant documents will be provided to the Gram Sabha by Gram Panchayats and other implementing agencies          
  3. Gram Sabhas may conduct social audits of all works taken up within the Gram Panchayat
  4. All of the above
  Answers :-

                                                                                                 Legal Provisions & Social Sector

SECTION  A

1.  What are the main legal provisions under which non-profit organizations or NGOs can be registered in India? What are the main requirements/procedures for registration under each of them?    

Ans.

There are three pertinent legal forms of not-for-profit entities under Indian law:  trusts, societies, and section 8 companies (as well as cooperatives and trade unions, which, as mutual benefit organizations, are not discussed in this note).  Many state and central government agencies have regulatory authority over these not-for-profit entities.  For example, all not-for-profit organizations are required to file annual tax returns and audited account statements with various agencies.  At the state level, these agencies include the Charity Commissioner (for trusts), the Registrar of Societies (referred to in some states by different titles, including the Registrar of Joint Stock Companies), and the Registrar of Companies (for section 25 companies).  At the national or federal level, the regulatory bodies include the income tax department and Ministry of Home Affairs (only for not-for-profit organizations receiving foreign contributions).

  1. Trusts

Public charitable trusts, as distinguished from private trusts, are designed to benefit members of an uncertain and fluctuating class.  In determining whether a trust is public or private, the key question is whether the class to be benefited constitutes a substantial segment of the public.  There is no central law governing public charitable trusts, although most states have "Public Trusts Acts."  Typically, a public charitable trust must register with the office of the Charity Commissioner having jurisdiction over the trust (generally the Charity Commissioner of the state in which the trustees register the trust) in order to be eligible to apply for tax-exemption.

In general, trusts may register for one or more of the following purposes:

  • Relief of Poverty or Distress;
  • Education;
  • Medical Relief;
  • Provision for facilities for recreation or other leisure -time occupation (including assistance for such provision), if the facilities are provided in the interest of social welfare and public benefit; and
  • The advancement of any other object of general public utility, excluding purposes which relate exclusively to religious teaching or worship.

At least two trustees are required to register a public charitable trust.  In general, Indian citizens serve as trustees, although there is no prohibition against non-natural legal persons or foreigners serving in this capacity. 

Indian public charitable trusts are generally irrevocable.  If a trust becomes inactive due to the negligence of its trustees, the Charity Commissioner may take steps to revive the trust.  Furthermore, if it becomes too difficult to carry out the objects of a trust, the doctrine of cy pres, meaning "as near as possible," may be applied to change the objects of the trust.  Thus, it appears that grantors can feel fairly secure that the charitable nature of a trust will be honored, even if the original, specific purposes of the trust cannot be carried out.

  1. Societies

Societies are governed by the Societies Registration Act 1860, which is an all-India Act.  Many states, however, have variants on the Act.

Societies are similar in character to trusts, although there a few essential differences.  While only two individuals are required to form a trust, a minimum of seven individuals are required to form a society.  The applicants must register the society with the state Registrar of Societies having jurisdiction in order to be eligible to apply for tax-exempt status.  A registration application includes the society´s memorandum of association and rules and regulations.  In general, Indian citizens serve as members of the managing committee or governing council of societies, although there is no prohibition in the Societies Registration Act against non-natural legal persons or foreigners serving in this capacity. 

According to section 20 of the Act, the types of societies that may be registered under the Act include, but are not limited to, the following:

  • Charitable societies;
  • Societies established for the promotion of science, literature, or the fine arts,
  • For education; and
  • Public art museums and galleries, and certain other types of museums.

Societies are usually managed by a governing council or managing committee

Individuals or institutions or both may be members of a society.  The general body of members delegates the management of day-to-day affairs to the managing committee, which is usually elected by the membership.  Members of the general body of the society have voting rights and can demand the submission of accounts and the annual report of the society for inspection.  Members of the managing committee may hold office for such period of time as may be specified under the bylaws of the society.

  1. Companies

The Indian Companies Act, 2013, which principally governs for-profit entities, permits certain companies to obtain not-for-profit status as "section 8 companies."  A section 8 company may be formed for "promoting commerce, art, science, religion, charity or any other useful object."  A section 8 company must apply its profits, if any, or other income to the promotion of its objects, and may not pay a dividend to its members.  At least three individuals are required to form a section 8 company.  The founders or promoters of a section 8 company must submit application materials to the Regional Director of the Company Law Board.  The application must include copies of the memorandum and articles of association of the proposed company, as well as a number of other documents, including a statement of assets and a brief description of the work proposed to be done upon registration.

The internal governance of a section 8 company is similar to that of a society.  It generally has members and is governed by directors or a managing committee or a governing council elected by its members. 

Like a society (but unlike a trust), a section 8 company may be dissolved.  Upon dissolution and after settlement of all debts and liabilities, the funds and property of the company may not be distributed among the members of the company.  Rather, the remaining funds and property must be given or transferred to some other section 8 company, preferably one having similar objects as the dissolved entity.

 

 

2. Discuss some of the Legal Provisions that provide enabling conditions for NPOs or NGOs?

Ans.

In both industrialized and developing countries, there is a growing body of experience, which attests to the positive roles that non-profit organizations (NPOs) play in development. (Clark, 1991) These roles include, in particular: -

  • providing goods and services - especially meeting needs which have not hitherto been met by either the State or by the private sector;
  • assisting the government achieve its development objectives - in particular through contributing skills for which NPOs have comparative advantage, such as public information, education and communications campaigns, or providing information about the situations and needs of particularly vulnerable groups;
  • helping citizens to voice their aspirations, concerns and alternatives for consideration by policy makers, thereby giving substance to governments´ policies regarding freedoms of association and speech;
  • helping to enhance the accountability and transparency of government and local government programs and of officials.

For such reasons, the World Bank, in common with other development agencies, has become increasingly interested over the past decade in the work of non-profit organizations. The World Bank usually speaks of non-governmental organizations (NGOs) by which it means NPOs and community-based organizations (CBOs) that are (i) entirely or largely independent of government; (ii) not operated for profit; and (iii) exist to serve humanitarian, social or cultural interests, either of their memberships or of society as a whole. (World Bank, 1996)

NGOs are deriving an increasing proportion of their total funding from official development assistance (ODA); ODA provided 1.5 percent of international NGO income in 1970 and 30 percent in 1993. Including food aid, OECD donors now channel about 5 percent of their ODA through NGOs; and at least one country, the United States, so channels 11 percent of its ODA. These developments are reflected in rapid growth in the sector in borrowing countries: for example, there are an estimated 18,000 registered NGOs in the Philippines and 3,000 in Brazil; in India, registered NGOs handle $520 million per year, or 25 percent of all external aid. (World Bank, 1996)

 

 

 

3.  Critically examine the FCRA from the point of view of NGOs

Ans.

There are certain restrictions for NGOs to receive donation from outside India. The source of money is the important determination in applying Foreign Contribution Regulation Act (FCRA) of 1976 on the recipient NGO. Any foreigner or organization, which is not controlled by Indians, is a ´foreign source’. Some organizations such as World Bank and UN Agencies are not called ´foreign source´.

NGO need to have either prior permission or registration under FCRA.

In order to receive contribution in any kind or currency from foreign sources NGO needs the approval from Indian government which is called prior permission or they have to register under FCRA (foreign contribution regulation act) . Foreign source includes:

  1. The Government of any foreign country or territory and any agency of such Government.
  2. Any international agency, not being the United Nations or any of its specialized agencies, the World Bank, International Monetary Fund or such other agency as the Central Government may, by notification in the official Gazette, specify in this behalf.

iii. A foreign company within the meaning of the section 591 of the Companies Act, 1956 (1 of 1956), and also includes-

  1. A company which is a subsidiary of a foreign company.
  2. A multi- national corporation within the meaning of this Act.
  3. A corporation, not being a foreign company, incorporated in a foreign country or territory.
  4. A multi-national corporation within the meaning of this Act.
  5. A company within the meaning of the Companies Act, 1956 (1 of 1956), if more than one-half of the nominal value of its share capital is held, either singly or in the aggregate, by one or more of the following, namely:
  6. Government of a foreign country or territory.
  7. Citizens of a foreign country or territory.
  8. Corporations incorporated in a foreign country or territory.
  9. Trusts, societies or other associations of individuals (whether incorporated or not), formed or registered in a foreign country or territory.

vii. A trade union in any foreign country or territory, whether or not registered in such foreign country or territory.

viii. A foreign trust by whatever name called, or a foreign foundation which is either in the nature of trust or is mainly financed by a foreign country or territory.

  1. A society, club or other association of individuals formed or registered outside India.
  2. A citizen of a foreign country, but does not include any foreign institution, which has been permitted by the Central Government by notification in the Official Gazette, to carry on its activities in India.

Any organization, which has a ´definite cultural, economic, educational, religious or social program´, is covered by FCRA. For practical purposes, this definition covers all NGOs and also the unregistered societies like Mahila Mandals. NGO with FCRA registration or prior permission should not give FCRA funds to NGOs which do not have FCRA registration or prior-permission. NRI donations to an Indian NGO may be Indian funds or FC funds. If the NRI holds an Indian passport, then the donation will be Indian funds. If not, then these will be FC funds. The type of bank account or currency does not matter.

 

 

4. Discuss the major Labour Laws which provide for welfare of the NGO workers

Ans.

The law relating to labour and employment in India is primarily known under the broad category of "Industrial Law". Industrial law in this country is of recent vintage and has developed in respect to the vastly increased awakening of the workers of their rights, particularly after the advent of Independence. Industrial relations embrace a complex of relationships between the workers, employers and government, basically concerned with the determination of the terms of employment and conditions of labour of the workers. Escalating expectations of the workers, the hopes extended by Welfare State, uncertainties caused by tremendous structural developments in industry, the decline of authority, the waning attraction of the work ethics and political activism in the industrial field, all seem to have played some role.

1) State Legal Services Authorities may take steps for conducting surveys for identifying unorganised workers and all other categories of workers included in Central Act 33 of 2008.  Services of law students, NGOs and para-legal volunteers also can be availed of for conducting such surveys.  Surveys can be conducted in a phased manner, gradually covering entire area within the jurisdiction of the legal services institutions concerned. The next step shall be to liaise with the Boards / Corporations concerned to make available the benefits of the schemes / programmes.  Every effort shall be made to ensure that all deserving unorganised workers are brought to avail of the benefits.

2)  Legal awareness programmes may be organised for creating awareness amongst them about the different welfare schemes and social security measures available.  For this purpose, awareness programmes may be organised, as far as possible, at the place of work itself (e.g construction work sites, market places in the case of street-vendors etc).  Legal awareness classes can be conducted in other places like community halls also.  Care shall be taken that the timing of the awareness programmes does not conflict with the work of workers.  Lunch intervals and holidays can be utilised for the awareness campaigns.

 3)  Persuading and assisting the workers in the unorganised sector to avail of the benefits under the different social welfare legislations, administrative programmes and schemes put in place by the State Governments.

 4)  Reaching out to the unorganised labourers and facilitating their bargaining capacity with the employers and the institutional mechanisms for their welfare.

Unorganised workers seldom have bargaining capacity for securing their rightful entitlements.  This leads to exploitation by the employers.  Temporary nature of their work also disables them from using the collective bargaining techniques.  Support by the legal services institutions to the unorganised workers will empower them in demanding their legal rights and entitlements.  It shall be ensured that the workers are able to approach the Legal Services Authorities with confidence to avail of the benefits under the Central Act 33 of 2008.

5)  If any particular case requires legal action the legal services institution shall provide necessary legal assistance.  For cases of court based legal services the eligibility criteria prescribed under Section 12 of the Legal Services Authorities Act, 1987 shall be kept in mind.  The provisions of the Contract Labour (Regulation and Abolition) Act, 1970; The Bonded Labour System (Abolition) Act, 1976; The Inter-State Migrant Workmen Act, 1979; The Child Labour (Prohibition and Regulation) Act, 1986 and other major labour legislations also may be made use of in appropriate cases.

 

 

 

 5. What are the important legislations and statutory bodies created by Govt. of India in order help people with different types of disabilities? Discuss their main thrust areas.

Ans: 

Disability refers to the disadvantage or restriction of activity caused by the way society is organized which takes little or no account of people who have physical, sensory or mental impairments. As a result such people are excluded and prevented from participating fully on equal terms in mainstream society. Disability is an unfortunate part of human life which can effect not only the natural way of living but also despair component strength and power. Persons with disability are most disadvantaged section of society, they are also neglected in their family. As per an estimate of World Health Organization, ten percent of the world’s population suffers from one or other disabilities and almost one fifth of the disabled person of the world lives in India. According to Census 2001, nearly 5% of people in India are affected with impairment or disability

All human rights instruments affirm fundamental and inalienable rights to all persons who are physically disabled. Article 1 of the Universal Declaration of Human Rights, 1948, states that, “all human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood”.

In 1971 the General assembly adopted the Declaration on the Rights of Mentally Retarded Persons, taking into account the necessity of providing help to mentally retarded persons in order to enable them to develop their abilities and promoting their integration in the normal life. The Declaration recommends a frame work within which national and international actions should initiated for the advancement of rights such as medical care, education, training, rehabilitation, economic security, right to have qualified guardian, protection from exploitation, abuse, degrading treatment etc.

The Mental Health Act, 1987 was enacted to regulate admissions to psychiatric hospitals psychiatric nursing homes of mentally ill-persons who do not have sufficient understanding to seek treatment on a voluntary basis and to protect the rights of such persons while being detained, to protect society from the presence of mentally ill persons who have become or might become a danger or nuisance to others, to protect citizens from being detained in psychiatric hospitals or nursing homes without sufficient cause, to regulate responsibility for maintenance charges of mentally ill persons who are admitted in psychiatrist hospitals or nursing homes, to provide facilities for determining guardianship or custody of mentally ill-persons who are incapable of managing their own affairs, to provide for the establishment of Central Authority and State Authorities for mental health services, to regulate the power of the Govt. for establishing, licensing & controlling psychiatric nursing homes for mentally persons and to provide for legal aid to mentally ill-persons at state expense in certain cases.

The Rehabilitation Council of India Act, 1992 was passed to regulate the man power development programmes in the field of education of persons with special needs. The main objectives are to regulate the training policies and programmes in the field of rehabilitation of people with disabilities, to standardize training courses for rehabilitation professionals, to recognize institutions/universities running degree/diploma/certificate courses in the field of rehabilitation of the disabled and to recognize and equalize foreign degree/diploma/certificate courses.6he RCI Act has amended in 2000 to entrust the additional responsibility of promoting research in rehabilitation and special education.

The National Policy on Education 1986 is implemented to achieve the goal of providing education to all including the disabled. The objective of this policy is to integrate the physically and mentally handicapped with general community as equal partners to prepare them for normal growth and to enable them to face life with courage and confidence.

The Workmen’s Compensation Act, 1923 Section 3 Says that, if personal injury is caused to a workman by accident arising out of or in the course of his employment, his employer shall be liable to pay compensation. As per Section 4 of the above Act, where permanent total disablement results from the injury, an amount equal to 60% of the monthly wages of the injured workman multiplied by the relevant factor or amount of twenty thousand rupees whichever is more; where permanent partial disablement results from the injury in case of an injury mentioned in Part II of Schedule I, such percentage of compensation which would have been payable in the case of permanent total disablement, in case of injury not mentioned is Schedule such percentage of the compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity. In case of temporary disablement whether total or partial, a half monthly amount payment of the sum equivalent to 25% of monthly wages of the workman is payable.

 

Employees’ State Insurance Act, 1948, Section 46(c) says

Like this, periodical payment shall be made to an insured person suffering from disablement as a result of an employment injury sustained as an employee under this Act and certified to be eligible for such payments by an authority specified in this behalf by the regulations. Section 51 of the same Act states that, Disablement benefit- a) a person who sustains temporary disablement for not less than three days (excluding the day of accident) shall be entitled to periodical payment of such rates and for such periods and subject to such conditions as may be prescribed by the Central Govt. b) a person who sustains permanent disablement, whether total or partial, shall be entitled to periodical payment at such rates and for such periods and subject to such conditions as may be prescribed by the Central Govt.

The Payment of Gratuity Act, 1972 is one of the piece of legislation for the rights of disabled persons. As per Section 4 of this Act, gratuity shall be payable to an employee on the termination of his employment on his death or disablement due to accident or disease, if he has rendered continuous service of five years.

 

 

6 . Are there any laws in India which can be invoked against evils of Dowry and Domestic Violence.  Discuss the main provisions under these laws. How can the NGOs assist the victims.

Ans: 

Unfortunately, at present there is no single law in the Indian Constitution which can strictly deal with all the different forms of ‘Domestic Violence’. There is an urgent need for such a law in the country. In fact, there has also been misuse of section 498-A and DVA, 2005 because of restricted definition of cruelty subjected to married women.

In 1983, domestic violence was recognised as a specific criminal offence by the introduction of section 498-A into the Indian Penal Code. This section deals with cruelty by a husband or his family towards a married woman. The main legislative measures at the national level for the children who become a victim of child labor include The Child Labor Prohibition and Regulation Act -1986 and The Factories Act -1948. The first act was categorical in prohibiting the employment of children below fourteen years of age, and identified 57 processes and 13 occupations which were considered dangerous to the health and lives of children. The factories act again prohibits the employment of children less than fourteen years of age.

The Government of India passed a Domestic Violence Bill, 2001, “To protect the rights of women who are victims of violence of any kind occurring within the family and to provide for matters connected therewith or incidental thereto”*

An act called Protection of Women from Domestic Violence Act, 2005 [ DVA, 2005 ] also has been passed”. This Act ensures the reporting of cases of domestic violence against women to a ‘Protection Officer’ who then prepares a Domestic Incident Report to the Magistrate “and forward copies thereof to the police officer in charge of the police station within the local limits of jurisdiction…”

Role of Non-Governmental Organizations (NGOs)

The role of non-governmental organizations in controlling the domestic violence and curbing its worse consequences is crucial Women’s Rights Initiative — another organization in the same city runs a legal aid cell for cases of domestic abuse and works in collaboration with law enforcers in the area of domestic violence.

NGOs continue to spread awareness amongst people regarding the legal rights they have in hand for fighting against the atrocities they are subjected to. They are encouraging more and more people to report any case of domestic violence so that proper action may be taken against the culprits.

 

 

7. Would you say that some of the laws take care of social crimes? What role do the NGOs play in this context?

Ans.

Many laws take care of social crimes.

Law is a system of rules that are enforced through social institutions to govern behavior. Laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or by judges through binding precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.

In 1983, domestic violence was recognised as a specific criminal offence by the introduction of section 498-A into the Indian Penal Code. This section deals with cruelty by a husband or his family towards a married woman. The main legislative measures at the national level for the children who become a victim of child labor include The Child Labor Prohibition and Regulation Act -1986 and The Factories Act -1948. The first act was categorical in prohibiting the employment of children below fourteen years of age, and identified 57 processes and 13 occupations which were considered dangerous to the health and lives of children. The factories act again prohibits the employment of children less than fourteen years of age.

The Government of India passed a Domestic Violence Bill, 2001, “To protect the rights of women who are victims of violence of any kind occurring within the family and to provide for matters connected therewith or incidental thereto”*

An act called Protection of Women from Domestic Violence Act, 2005 also has been passed”. This Act ensures the reporting of cases of domestic violence against women to a ‘Protection Officer’ who then prepares a Domestic Incident Report to the Magistrate “and forward copies thereof to the police officer in charge of the police station within the local limits of jurisdiction…”

Role of Non-Governmental Organizations (NGOs)

The role of non-governmental organizations in controlling the domestic violence and curbing its worse consequences is crucial Women’s Rights Initiative — another organization in the same city runs a legal aid cell for cases of domestic abuse and works in collaboration with law enforcers in the area of domestic violence.

NGOs continue to spread awareness amongst people regarding the legal rights they have in hand for fighting against the atrocities they are subjected to. They are encouraging more and more people to report any case of domestic violence so that proper action may be taken against the culprits.

 

 

8. Describe the provisions of Right to Information (RTI) Act. What is the background of this law? What is the procedure for obtaining information?

Ans.

The Right to Information Act (RTI) is an Act of the Parliament of India "to provide for setting out the practical regime of right to information for citizens" and replaces the erstwhile Freedom of information Act, 2002. Under the provisions of the Act, any citizen may request information from a "public authority" (a body of Government or "instrumentality of State") which is required to reply expeditiously or within thirty days. The Act also requires every public authority to computerize their records for wide dissemination and to proactively certain categories of information so that the citizens need minimum recourse to request for information formally. This law was passed by Parliament on 15 June 2005 and came fully into force on 12 October 2005. The first application was given to a Pune police station. Information disclosure in India was restricted by the Official Secrets Act 1923 and various other special laws, which the new RTI Act relaxes. It codifies a fundamental right of citizens.

Background of act

The establishment of a national-level law for freedom of information proved to be a difficult task. The Central Government appointed a working group under H. D. Shourie and assigned it the task of drafting legislation. The Shourie draft was the basis for the Freedom of Information Bill, 2000 which eventually became law under the Freedom of Information Act, 2002. This Act was severely criticised for permitting too many exemptions, not only under the standard grounds of national security and sovereignty, but also for requests that would involve "disproportionate diversion of the resources of a public authority". There was no upper limit on the charges that could be levied. There were no penalties. The Act was passed by Parliament, but was never notified, so it did not attain legal force.

Procedure for obtaining information

The RTI Act, 2005 obliges public authority for proactive as well as reactive disclosure of information. Under section 4 of the RTI Act, public authority is obliged to proactively disclose certain type of information on public domain. However, under section 6 of the RTI Act, any citizen can submit request for information to the Public Information Officer (PIO) of the public authority.

Each authority covered by the RTI Act must appoint their Public Information Officer (PIO). Any person may submit a written request to the PIO for information. It is the PIO´s obligation to provide information to citizens of India who request information under the Act. If the request pertains to another public authority (in whole or part), it is the PIO´s responsibility to transfer/forward the concerned portions of the request to a PIO of the other authority within 5 working days. In addition, every public authority is required to designate Assistant Public Information Officers (APIOs) to receive RTI requests and appeals for forwarding to the PIOs of their public authority. The applicant is required to disclose his name and contact particulars but not any other reasons or justification for seeking information. RTI Request can be filed online as well as offline.

Since the information is to be paid for, the reply of the PIO is necessarily limited to either denying the request (in whole or part) and/or providing a computation of "further fees". The time between the reply of the PIO and the time taken to deposit the further fees for information is excluded from the time allowed. If information is not provided within this period, it is treated as deemed refusal. Refusal with or without reasons may be ground for appeal or complaint. Further, information not provided in the times prescribed is to be provided free of charge.

 

 

 

 

 

SECTION B

Case Detail: 

Read the case study given below and answer the questions given therein.

Case Study

The Association of Voluntary Agencies for Rural Development (AVARD) is a society registered as a society under the Societies Registration Act. The principal object of the association is the welfare of the rural communities. With this end in view, the association works for the mutual co-operation of the voluntary agencies. It works as a clearing house for information on rural welfare and publishes monographs, periodicals, journals, etc., for that purpose. It also holds seminars on the welfare of the rural population. It carries on other activities for rural development, including preparation of master plan and assistance in its implementation.

 The society was also registered under the Foreign Contribution (Regulation) Act, 1976. Between 1979 and 1981 the association received approximately a sum of Rs. 20 lakhs in Indian currency from the Ford Foundation office in India which had obtained prior permission and no objection certification from the Ministry of Finance, Government of India. In April, 1988, the Ministry of Home Affairs (MHA) issued a show-cause notice to the association under section 6 of the Foreign Contribution (Regulation) Act, for alleged violations of the Act. A detailed reply to the same was filed on April 26, 1988. After the receipt of the said reply, no action was taken by the Government pursuant to section 6.

But suddenly on May, 19, 1988, The Ministry of Home Affairs (MHA), Govt. of India, under section 10(b) of the Foreign Contribution (Regulation) Act, 1976, which empowers the Central Government to prohibit receipt of foreign contribution in certain contingency directed AVARD without giving any show cause notice to obtain prior permission of the Central Government to accept any foreign contribution from the date of the order until further orders.

The impugned order is attacked on the ground of non-existence of objective material vitiating the alleged “satisfaction” and breach of the principles of natural justice. No show-cause notice was given to the appellant before the order was passed and no reasons were stated in the order although it was alleged that the conduct of the appellant was “prejudicial to the public interests.”

 

1.What is the remedy open to the AVARD? Is registration of the AVARD necessary for receiving foreign contribution?

Ans.

The government of India has to liberalize the rules and regulations of grants in-aid and to sanction more grants.

The government should appoint commissions of enquiry or committees to cross check the misuse of funds by NGOs.

The member of committee has to supervise and monitor the activities of NGOs periodically. Political and personnel vendetta may be responsible for such investigation.

The government of India has to introduce the success stories of great leaders and their style of leadership qualities, voluntarism, dedication and commitment towards social work in the curriculum of social work departments and in the school syllabus to build leadership qualities in the coming generation.

NGOs being a welfare organization have to maintain high standard of quality in service. The government has to recognize those NGOs, by giving awards or rewards with additional grants. This would motivate the other NGOs to work efficiently

The government should revise the pay-scales and allowances to the personnel of NGOs. At the same time some special funds to be allotted for the NGOs to train the personnel at the grass root level.

The government or donor while sanctioning the grants for particular programme has to considered the interest of that particular NGO. According to NGOs interest of programme, the funds to be sanctioned.

NO, registration of the AVARD is not necessary for receiving foreign contribution.

 

 

  1. Who are prohibited to accept foreign contribution under the foreign contribution (Regulation) Act, 1976? Who can accept foreign contribution?

Ans.

The Ministry of Home Affairs (MHA) are prohibited to accept foreign contribution under the foreign contribution (regulation) act , 1976.

Central Government can accept foreign contribution.

 

 

3.Is there any prohibition to accept foreign hospitality? If so, state the same.

Ans.

Yes, there is some prohibition to accept any foreign hospitality.

No person, resident in India, and no citizen of India resident outside India, shall accept any foreign contribution, or acquire or agree to acquire any currency from a foreign source, on behalf of any political party, or any person or both.

No person, resident in India, shall deliver any currency, whether Indian or foreign, which has been accepted from any foreign source, to any person if he knows or has reasonable cause to believe that such other person intends, or is likely, to deliver such currency to any political party or any person, or both.

 

 

 

 

Assignment C

Question No.  1           Marks - 10

For registration under Societies Registration Act A Memorandum of Association is filed which contains 

Options          

  1. Name of The society;       
  2. the objective of the society;         
  3. A copy of Rules and Regulations of the society 
  4. All the above

 

Question No.  2           Marks - 10

As far as enforcement of a judgment against the society is concerned, which of the following is not true?

 Options          

  1. If a judgment for recovery is against the person or officer named on behalf of the society, such judgment shall not be put in force against the property, movable or immovable, or against the body of such person or officer but against the property of the society.           
  2. If a judgment for recovery is against the person or officer named on behalf of the society, such judgment shall be put in force against the property, movable or immovable, or against the body of such person or officer.     
  3. The application for execution shall set forth the judgment, the fact of the party against whom it shall have been recovered having sued or having been sued as the case may be, on behalf of the society only, and shall require to have judgment enforced against the property of the society.     
  4. Any member who may be in arrear of a subscription which according to the rules of society he is bound to pay, or who shall possess himself of or detain any property of the society in a manner or for a time contrary to such rules, or shall injure or destroy any property of the society, may be sued for such arrear or for the damage accruing from such detention, injury or destruction of property in the manner hereinbefore provided.     

 

Question No.  3           Marks - 10

The main instrument of any public charitable trust is the trust deed. It contains:

 Options          

  1. Maximum and minimum number of trustees       
  2. Aims and objects of the trust       
  3. Neither of the two options given above is true    
  4. Both the options given above are true.    

 

Question No.  4           Marks - 10

According to section -25(1)(a) and (b) of the Companies Act 1956, a company  can be established for promoting commerce, art, science, religion, charity or any other useful object provided the profits if any, or any other income is applied for      

 Options          

  1. Promoting only the objects of the company        
  2. Dividends are paid to its members          
  3. Only (a) is true     
  4. Only (b) is true

 

Question No.  5           Marks - 10

For registration under section 25 of Companies Act 1956, there are certain requirements.  Which one of the following is not one of them?

 Options          

  1. A section 25 company must have at least seven trustees.
  2. an application must be made for availability of a name to the registrar of Companies in the prescribed form no 1A together with a fees of Rs. 500/-      
  3. Once the availability of names is confirmed, an application should be made in writing to the regional director of the company law board with requisite documents.   
  4. The applicants must also furnish to the registrar of companies (of the state in which the registered office of the proposed company is to be or is situated) a copy of the application and each of the documents that had been filed before the regional director of company law board.        

 

Question No.  6           Marks - 10

Foreign Contribution is one of the ways of raising funds for the NGOs.  Section 6 oft he Foreign Contribution Regulation Act 1976 says that any organization having a definite cultural/social/educational/religious/economic object shall only accept foreign contribution after satisfying two conditions:

 Options          

  1. Registration with the Central Government in accordance with the rules made under this Act  
  2. Agrees to receive such foreign contributions only through one of the branches of a bank as it may specify in its application   
  3. Both are true        
  4. Both are false

 

Question No.  7           Marks - 10

According to the FCRA Act 1976, in which of the following circumstances the Central Government may  prevent the organization from accepting foreign contribution without prior permission :

 Options          

  1. The organization receives funds through an account other than that branch of a bank through which it had agreed to receive the funds at the time of registration,
  2. The organization has taken prior permission,       
  3. The organization fails to give intimation within the prescribed time or in the prescribed manner          
  4. The organization gives any intimation which is false.

 

Question No.  8           Marks - 10

Foreign Contribution Amendment Rules, 2000, inserted clause 10-A in Form FC-1A requiring the insertion of a certification from a competent authority. Which one of the following is not a competent authority in this regard

 Options          

  1. Collector of District         
  2. Registrar of Joint Stock Companies        
  3. Department of State Government           
  4. Ministry or Department of Government of India

 

Question No.  9           Marks - 10

  Under the FCRA the Central Government has the power of seizing and confiscating articles and currency if held in contravention of the Act. The relevant sections in this regard are 16, 17, 18 19 and 20. Section 20 says

 Options          

  1. “Opportunity to be given before adjudication of confiscation”. 
  2. Seizure of the currency received in contravention of the Act     
  3. Seizure to be made in accordance with the Code of Criminal Procedure, 1973 
  4. Confiscation of article or currency obtained in contravention of the law if such article or currency has been adjudged under section 19.

 

Question No.  10         Marks - 10

 NGOs can get tax exemption by getting themselves registered under section 35 AC. Which is the section under which donors get 50%  tax exemption

Options          

  1. Section 10(23)(C),           
  2. Section 80 G,       
  3. Section 80 GGA, 
  4. Section 35CCA

 

Question No.  11         Marks - 10

For Registration under Section 80 G of Income Tax Act there are some conditions to be  fulfilled.  Which one of the following is not one of these conditions?

 Options          

  1. The byelaws or objectives of the NGOs should not contain any provision for spending the income or assets of the NGO for purposes other than charitable.    
  2. The NGO maintains regular accounts of its receipts and expenditure.   
  3. The NGO is working for the benefit of particular religious community or caste
  4. The NGO is properly registered under the Societies Registration Act 1860 or under any law corresponding to that act or is registered under section 25 of the Companies Act 1956.           

 

Question No.  12         Marks - 10

When did the Pre Conception and Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) ACT, 1994 come into effect?

 Options          

  1. 1996         
  2. 1995         
  3. 2000         
  4. 2001

 

Question No.  13         Marks - 10

 Why was the PCPNDT Act amended in February 2003 and why?

 Options          

  1. A PIL was filed by five people   
  2. A PIL was filed by three people  
  3. mushrooming of ultrasound clinics          
  4. None of the above.

 

 

Question No.  14         Marks - 10

Every Sonologist is required to fill ‘Form F’ before conducting an ultrasound on a pregnant mother.  It is submitted to District appropriate authority (AA). Which of the following statements is not true?

 Options          

  1. The Form has 19 questions          
  2. It is prescribed in section 17.3 of PC& PNDT Act         
  3. The clinics are supposed to keep the record of ‘Form F’ with them for three ye
  4. AAs are supposed to automatically handover these forms to the NGOs

 

 

Question No.  15         Marks - 10

Medical Termination of Pregnancy Act, 1971

 Options          

  1. Legalizes abortions          
  2. Bans sex selective abortions        
  3. Both are true        
  4. Only (a) is true.

 

Question No.  16         Marks - 10

According to Right to Information Act 2005, Right to Information means right to

 Options          

  1. Inspect works, documents, records         
  2. Take notes, extracts or certified copies of documents or records
  3. Take certified samples of material           
  4. All the above

 

Question No.  17         Marks - 10

Central Information Commission is constituted by the Central Government through a Gazette Notification. It includes 1(0ne) Chief Information Commissioner (CIC) and not more than 10 Information Officers(IC). They are appointed by

 Options          

  1. the President of India      
  2. the Central Government  
  3. the Parliament of India    
  4. the Vice President of India

 

Question No.  18         Marks - 10

Out of the term of Office and other service conditions of CIC mentioned below, which is not true

Options          

  1. CIC is appointed for a term of 5 years from the date on which he enters his office or till he attains the age of 65 whichever is earlier 
  2. CIC is not eligible for reappointment      
  3. His salary will be the same as the Chief Election commissioner 
  4. He can be a Member of Parliament or any State Legislature       

 

Question No.  19         Marks - 10

The Persons with Disabilities Act, 1995 (PWD Act) ensures equal opportunities for people with disabilities, protection of rights and their full participation in Nation Building. Which one of the following does not figure as rights and privileges mentioned in this Act.

Options          

  1. Travel concession for the disabled     
  2. Reservation of jobs and other facilities for disabled persons
  3. Central Government schemes for rehabilitation of persons with disability   
  4. Having ramps in all the public buildings for the persons with disabilities

 

 

Question No.  20         Marks - 10

According to section 51 of PWD Act 1995, “Save as otherwise provided under this Act, no person shall establish or maintain any institution for persons with disabilities except under and in accordance with a certificate of registration issued in this behalf by the competent authority”. 

“Provided that a person maintaining an institution for persons with disabilities immediately before the commencement of this Act may continue to maintain such institution for a period of six months from such commencement and if he has made an application for such certificate under this section within the said period of six months, till the disposal of such application.”    Does this section apply to NGOs desirous of running such an institution?          

Options          

  1. yes      
  2. no       
  3. yes, subject to certain conditions       
  4. None of above

 

Question No.  21         Marks - 10

The National Trust Act (Act 44 of 1999) establishes a statutory body under the ministry of Social Justice and Empowerment, Govt. of India, set up under the ‘National Trust for the welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities”. Which one of the following is not one of its aims?

Options          

  1. To provide care and protection to persons with autism, cerebral palsy, mental retardation and multiple disabilities      
  2. To provide guardianship of two types: guardians for the persons and guardian for person’s property        
  3. To evolve procedures for the appointment of guardians and Trustees for persons with disability requiring such protection           
  4. None of the above

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January 29, 2015
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