• What kind of control does a district administration have on a NGO?

What kind of control does state government authority ( district level/state level) have on NGO which is yearly funded from central government?

Do they have authority to appoint and retire someone?

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Asked 6 years ago in Labour

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15 Answers

The Supreme court asked Centre to examine enacting a law to regulate government funds for NGOs and prosecute them in case of misuse, misappropriation of funds or non-filing of annual statements.

2) show-cause notice is to be issued to the NGO with a direction to take corrective action immediately in case of non-submission of utilisation certificate or where the ministry/department suspects a material irregularity, or misutilisation misappropriation or falsification. In case of continued noncompliance, the NGO or voluntary organisation will be blacklisted, said the guidelines.

3)SC has directed that action must be initiated like criminal proceedings for misappropriation and civil action for recovery of given funds.

4)the government had framed guidelines requiring NGOs and other voluntary organisations to register with Niti Aayog for accreditation to receive public funds.

The guidelines have also proposed that NGOs must furnish a bond equivalent to the grant given to them, to be encashed by the government in case the funds are misused or misappropriated.

Ajay Sethi
Advocate, Mumbai
94689 Answers
7525 Consultations

5.0 on 5.0

1. Well,District Administration does not enjoy any special power of supervision over NGO.

2. It has general control over such body which it enjoys over public in general.

3.If you mention the specific issue of area where it is constantly interfering then further advice can be given.

4. Unless its management is taken over by the government the District Administration has no power to appoint office bearer of NGO.

5.You can challenge such decision through writ petition.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

1) Yes he has right to appoint and retire person as the NGO is made for society services without taking any salary or profit from it.

2) A Government Officer can take part or be join on body, trust or member of NGO to look after its functions and to make policies and rules running properly or not.

3) You can check further CENTRAL CIVIL SERVICE CONDUCT RULES 1964, The rule 15 (2).

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

1. The control of district administration over NGO is very limited.

2. Unless there is a takeover by the state of the NGO it cannot appoint someone to it, much less retire him.

3. If the NGO has committed any misappropriation of funds then it can be prosecuted and banned. The NGO is liable to account for every single penny given to it by the government as it comes from the taxpayer's money.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Respected sir...

As NGO are non Government organization as they work on the principal of Non benefits ...Non-governmental organisations (NGO) are increasingly being held to account for their performance and uses of funding. Indeed, the funding they obtain is more likely to be based on having sufficient competencies to use the funds in the best possible way. Sounds like a business .Sir it is an autonomous body the join ing and retirement is decided by other members...

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

There is no upper age limit for working in NGO

You can continue to work if you are physically fit even at 62

Ajay Sethi
Advocate, Mumbai
94689 Answers
7525 Consultations

5.0 on 5.0

The NGO can frame its own Rule regarding appointment and retirement of its office bearers.

Yes, aman beyond the age of 62 can work in a NGO if its Rules so permits.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

Ngo is a self-governing body which has it's own bye-laws and rules and regulations which specify the manner in which the NGO is to regulate it's conduct.

The committee of management is elected internally. As regards to the control of the Government, the NGO has to abide by the compliances under the Society Registration Act. Otherwise, it works independentally with minimal interference from the Govt.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Peruse the the NGO's memorandum, bye-laws and rules and regulations to find out the answers to your questions as to whether is there any upper age limit for working in an NGO and can person after the age of 62 continue to work in this NGO.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

district level/state level authorities do not have any control on the society unless and until some direction with regards to the same is passed by the court.

The authority to run the society is the Registrar

A society should internally run as per the bye laws of the society

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

No there is no upper limit decided by any statute, person of any age and status can associate herself/ himself with any NGO she/ he desires.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

It has to be as per the rules and regulation of the NGO filed alongwith the papers for registration.If there is any violation, it can be pointed out by the persons associated with the NGO or other persons in the public interest

Parkash Chand Bhardwaj
Advocate, Hamirpur
120 Answers

4.8 on 5.0

A NGO isd not a non governmental organisation hence it cannot be funded by the government

It is as public charitable trust.

The public charitable trust is a possible form of not-for-profit entity in India. Typically, public charitable trusts can be established for a number of purposes, including the relief of poverty, education, medical relief, provision of facilities for recreation, and any other object of general public utility. Indian public trusts are generally irrevocable. No national law governs public charitable trusts in India, although many states (particularly Maharashtra, Gujarat, Rajasthan, and Madhya Pradesh) have Public Trusts Acts.

The trust deed will clarify all the details about the trust administration including appointing or removing any member.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

What is the main governing document or authority of an NGO for all service related matters and Is there any upper age limit for working in an NGO ? Can person after the age of 62 continue to work ( providing he is able to deliver) ? please suggest.

A non-governmental organization (NGO) is any non-profit, voluntary citizens' group which is organized on a local, national or international level.

Public trusts can be created for public charitable purposes. There is no All India Level Act for setting up public charitable trusts. Some of the states in India have enacted the Public Charitable Trust Act, while most states in India do not have a trust act. An NGO can be created only under a public trust act. Madhya Pradesh and Rajasthan have independent state level public trust acts. States like West Bengal, Jharkhand and Bihar do not have any act to register a public trust.

Therefore it depends on the trust deed about all the administrative functions of the thrust.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

1. NGO being a free body can have its own constitution to govern itself.

2. If the constitution of a NGO provides it then a person can work even after 62.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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