Amity PGDM In NGO Management For Legal Provisions & Social Sector Sem 1
Legal Provisions & Social Sector
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?
Case Detail :
Read the case study given below and answer the questions given therein.
.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?
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.
Question No. 1 Marks - 10
For registration under Societies Registration Act A Memorandum of Association is filed which contains
- Name of The society;
- the objective of the society;
- A copy of Rules and Regulations of the society
- 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?
- 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.
- 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.
- 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.
- 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:
- Maximum and minimum number of trustees
- Aims and objects of the trust
- Neither of the two options given above is true
- 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
- Promoting only the objects of the company
- Dividends are paid to its members
- Only (a) is true
- 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?
- A section 25 company must have at least seven trustees.
- 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/-
- 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.
- 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:
- Registration with the Central Government in accordance with the rules made under this Act
- Agrees to receive such foreign contributions only through one of the branches of a bank as it may specify in its application
- Both are true
- 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 :
- 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,
- The organization has taken prior permission,
- The organization fails to give intimation within the prescribed time or in the prescribed manner
- 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
- Collector of District
- Registrar of Joint Stock Companies
- Department of State Government
- 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
- “Opportunity to be given before adjudication of confiscation”.
- Seizure of the currency received in contravention of the Act
- Seizure to be made in accordance with the Code of Criminal Procedure, 1973
- 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
- Section 10(23)(C),
- Section 80 G,
- Section 80 GGA,
- 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?
- 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.
- The NGO maintains regular accounts of its receipts and expenditure.
- The NGO is working for the benefit of particular religious community or caste
- 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?
Question No. 13 Marks - 10
Why was the PCPNDT Act amended in February 2003 and why?
- A PIL was filed by five people
- A PIL was filed by three people
- mushrooming of ultrasound clinics
- 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?
- The Form has 19 questions
- It is prescribed in section 17.3 of PC& PNDT Act
- The clinics are supposed to keep the record of ‘Form F’ with them for three ye
- AAs are supposed to automatically handover these forms to the NGOs
Question No. 15 Marks - 10
Medical Termination of Pregnancy Act, 1971
- Legalizes abortions
- Bans sex selective abortions
- Both are true
- Only (a) is true.
Question No. 16 Marks - 10
According to Right to Information Act 2005, Right to Information means right to
- Inspect works, documents, records
- Take notes, extracts or certified copies of documents or records
- Take certified samples of material
- 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
- the President of India
- the Central Government
- the Parliament of India
- 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
- 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
- CIC is not eligible for reappointment
- His salary will be the same as the Chief Election commissioner
- 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.
- Travel concession for the disabled
- Reservation of jobs and other facilities for disabled persons
- Central Government schemes for rehabilitation of persons with disability
- 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?
- yes, subject to certain conditions
- 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?
- To provide care and protection to persons with autism, cerebral palsy, mental retardation and multiple disabilities
- To provide guardianship of two types: guardians for the persons and guardian for person’s property
- To evolve procedures for the appointment of guardians and Trustees for persons with disability requiring such protection
- None of the above
Question No. 22 Marks - 10
About the National Trust which of the following is not one of its objectives:
- 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
- To strengthen facilities to provide support to persons with disabilities to live within their own families
- To promote measures for the care and protection of persons with disability in the event of death of their parents or guardians
- 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?
Question No. 24 Marks - 10
One of the following is not included in the aims and objectives of the RCI:
- 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
- To recognize vocational rehabilitation centers as manpower development centres
- To register vocational instructor and other persons working in the vocational rehabilitation centers
- 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
- Rs5, 000/- per month
- Rs.6,000/- per month
- Rs.7,000/- per month
- 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?
- Every port, mine, oilfield, plantation, port and Railway Company
- 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
- 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
- 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
- On his superannuation, or
- On his retirement or resignation or
- 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.
- 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?
- Issue a certificate to the Collector
- Collector shall recover the same, together with compound interest thereon at such rates as the Central Government may, by notification, specify
- The Collector would pay the recovered arrears to the person entitled thereto
- 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
- 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
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Once such complaint is registered by the victim or any of her relatives, the police have no option but to take action.
- It prescribes imprisonment for a term, which may extend to three years and also includes a fine.
- 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.
- 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:
- To see that provisions of this Act are complied with
- To prevent, as far as possible, the taking or abetting taking of, or the demanding of dowry
- To perform such additional functions as may be assigned to him by the Central Governm
- 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?
- Are private organizations recognized under Companies Act /Societies Registration Act.
- 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
- 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
- All the above
Question No. 34 Marks - 10
The Child Marriage Restraint Act, 1929 has not yielded desired results because the Act says:
- 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.
- 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.
- 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.
- 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?
- 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.
- 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.
- 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.
- 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?
- Registrar of Joint stock Companies
- Appropriate authority
- Special Protection Officer
Question No. 37 Marks - 10
Which is the Constitutional Amendment which has given 33% reservation to women in Panchayati Raj Institutions?
- 73rd and 74th Amendment
- 42nd Amendment
- 84th Amendment
- 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’?
- 150 days,
- 100 days
- 90 days
- 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?
- RTI will enable the people to know how their money is being spent by the government.
- 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.
- RTI Act would cover every aspect of the implementation of MGNREGA. People will have general access to public records and information pertaining to MGNREGA.
- All of the above
Question No. 40 Marks - 10
How can the Panchayati Raj Institutions bring transparency to MGNREGA?
- Muster rolls will be pro-actively displayed at the Panchayat Bhavan;
- All relevant documents will be provided to the Gram Sabha by Gram Panchayats and other implementing agencies
- Gram Sabhas may conduct social audits of all works taken up within the Gram Panchayat
- All of the above