Dear Friend
Sub : LOKPAL AND LOKAYUKTA ACT, 2013 - inclusion of CSO organisatins. Request for extension of time for filing the return and clarifications. Civil society organisations who has been instrumental for introduction of Lokpal and Lokayukta act, 2013 welcomes the decision of the government for amending the act to include their functionaries and office bearers. Though at the time when we advocated LLA we never dreamt that we will also be included. This strengthens the idea of the Gandhiji who always wanted people to practices the subjects they preach. This decision of the government recognises the status of CSO organisations as public institutions doing yeomen service to the public. This will built the creditability of the sector and uphold the transparency of the individuals who are likely to be covered. Though there is general welcome we are bringing the following points for your consideration before implementing. The government has been involving respective organisatins at the time of introduction of new procedures / law and unfortunately in this case the stake holders has not been consulted and their view were not obtained and issuing a notification without participation from the stake holders leads to confusion in interpretation and implementation. The CSO organisations needs time to study and collect the information from those who are likely to be covered under this provision. We have to congratulate the government for their positive approach by granting extension of time for application for renewal of FCRA and other provisions. Since, this notificatin is also new, the government, may cosider granting atleast six months time for filling the returns instead of pressurising to file the returns on 30th July2016. This will giv enough time for the CSO organisations to study the forrmat and collect information from their constituenceies.
7/22/2016 3:54:02 PM
Dear Friend,
I was able to sent only part message i indicating below the further paragraphs. I had your excellent speech the parliment partly i would like to have full speech to shared with our network organization. It is one of the excellent support we are getting from parlimentarian in the reasons for perhaps your neutrality as nominated member helps us very much
with warm regards,
Continuations. Since, the CSO organisations are going to file return first time, they may be given exemption for the previous years and may be allowed to file only for the year ending 31st March 2016. There is no clarity about the definition of Director, Manager or other officers, or association of persons. The governance pattern of the CSO organisation differs and designations and usage is also different. It is essential that the definition and the person to be included should be clearly defined to facilitate the compliance. The CSO organisations do have the practice of including many honorary members high profile professionals, business people, experts in respective areas, who will contribute only as and advisors during the board meeting and give guidance for the board members in their respective areas. There is no clarity about the inclusion of such members of such experts and they may not like to continue and their expertise will be lost. Hence, the government may be consider to exclude them specifically from the compliance. The above are only illustrative examples, where the CSO organisations require clarifications and not exhaustive list. We are of the opinion the government may invite suggestions and give clarifications within two months time and after giving clarification four more months time may be given for CSOs to comply with rules. We appeal to the governmentn to consider this request seriously instead of forcing to comply without clarity. Thanking you,
With warm regards,
Thanking you
Yours sincerely
K. Shivakumar.
7/22/2016 4:08:01 PM