The NGO Factor
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The Foreign Contribution Regulation Act, 1976 was promulgated
with the pur-pose of maintaining a watch on the foreign exchange received by
Non-Governmental Organisations (NGOs). The intention was to ensure that the contributions
received were used for the purposes specified, and that these were consistent with the
principles of national sovereignty.
This article begins by examining the political background against which
the 1976 Act was framed, before discussing its provisions. It then looks at two specific
lacunae. The first relates to problems faced in the mandatory registration of NGOs. The
other relates to the requirement that NGOs maintain their funds in a specified account and
problems of disbursement.
Government Organisations (NGOs) play a major part in the development of a society. An NGO
is often formed by concerned citizens who wish to do their bit to reform society.
Obviously, such organisations require funds to carry out their activities. Generally these
sources can be from three different areas, Govt., public at large and foreign development
agencies. This article covers certain difficulties that NGOs which receive funds from
foreign development agencies face. This is one of the most important source of funds.
India funding by foreign development agencies is covered by the Foreign Contribution
(Regulation) Act 1976 and the nodal ministry for regulating this Act is the Ministry of
Home Affairs. The objectives of the Act are as stated in its preamble. These can be
briefly summarised as an Act to regulate the acceptance and utilisation of foreign
contribution by certain persons or associations so that such persons or associations may
function in a manner consistent with the values of a sovereign democratic republic.
may be remembered that this legislation was enacted in 1976, at the time when there was a
lot of hue and cry from a certain political party of the invisible foreign
hand trying to scuttle Indian sovereignty. Further a number of organisations had
built-up a campaign, that a number of foreign funded NGOs were converting tribals and
scheduled castes to Christianity in the garb of development. Thus it is clear at the time
when this legislation was brought in, the administration looked upon the persons and
associations who recd foreign funds with suspicion, and wanted to have a mechanism
to monitor the foreign funds recd by such persons / associations and how these were
utilised. The scope of this article is not to look into the intentions of the Act nor even
to look at if it is serving the purpose it was intended for, but to cover certain specific
provisions which are causing innumerable problems to multi-locational NGOs and thus
harming their developmental work.
NGO who wishes to utilise funds of a foreign development funding agency has to register
under the FCRA Act. This is easier said than done. The department as a practice does not
register organisations which come to it for the first time. The practice for such
organisations is to apply for prior permission for any funds that it is likely to
The department invariably gets a survey done of the applicant organisation by state
a prior permission or a registration (popularly known as FCRA registration) is recd
by the NGO, it is required to receive and utilise these funds only under a designated bank
account. An audited annual return of this bank account in a prescribed format (FC3) is
required to be filed with the FCRA department. In ordinary circumstances this requirement
appears to be a perfectly reasonable one, especially where the NGO concerned is a small
size NGO working mainly from one location. However the problem becomes a nightmare in the
case of a large NGO, having multi-locational projects.
the following situation being faced by a number of NGOs today. Say, an NGO whose
head-office is in Delhi, is working on a drinking water project based in Terai region of
UP. The NGO has a separate project office, with staff, including a project manager. The
project has to pay not only the salaries and day to day expenses of the employees, but
also pays for the hand-pumps that it purchases. It also has to pay for the contractors it
employs for installing these hand-pumps. As the project has an office, it has a number of
establishment costs like rent, electricity, telephone, printing & stationary, etc.
Obviously it is not possible for the project to get all its regular payments made from its
headquarters in Delhi. It needs to have a bank account locally from which all the payments
can be made.
is the crux of the problem. Under the FCRA Act, the department does not allow transfer of
funds from the designated bank account to any other bank account. How are NGOs having
offices in far-fetched locations supposed to operate ? The problem becomes highly
complicated in cases of large NGOs, having a large number of projects, say, more than 20
projects at different locations, which are getting foreign funding for such projects. How
can these function without arrangements for local payments?
strict observance of the Act would mean that large NGOs can hardly function, as it will
not be possible for them to work far away from their office. Or they invest in large
infrastructure to arrange for payments locally at very high costs. Or even take up the
unorthodox manner of transferring funds in the name of employees, who ultimately meet the
organisations obligations. The issue is that the project staff whose main priority
is to implement the program activities, get more and more involved in the administrative
function of arranging for payments. It is time to consider if the legislature really
intended to retard the growth of
multi-dimentional and multi-locational NGOs, which are more professional and have built-up
a good record. In fact the government realising its poor delivery system is coming more
and more to such NGOs for implementing some of its social programs.
the FCRA Act, itself, no where it is explicitly written, that an NGO cannot open a
different bank account for utilisation purposes. In fact the only place where maintaining
of a separate bank account is referred to is under Rule 8 (1) and sub-rule (b) of the FCRA
rules, which state that a separate bank account shall be maintained in respect of foreign
contribution recd. Based on this little inference, the department does not allow the
opening of anyother bank account. In the process it has created innumerable easily
avoidable problems for the NGOs without really adding much to its regulating process.
easily possible within the present legal frame-work for the Dept. to allow opening of new
bank accounts, specifically to be used by far-placed projects. Such accounts should be
treated as nothing more than a sub-account of the main account. The Dept. could stipulate
conditions, such as, the purpose of these accounts could be restricted to utilisation of
foreign contributions transferred from the designated account. The accounts should be
disclosed under the organisations annual return (FC3), etc. This will ensure that
funds remain under the monitoring process. A large number of NGOs already have such bank
accounts, only thing they do is try to hide such accounts in different innovative ways.
dept. also needs to clarify the position. The present situation of uncertainty and
confusion gives a lot of leverage to the inspecting officers leaving scope for
malpractice. Often organisations whose awareness of such issues is not very strong start
certain practices such as transfer of physical cash, issuing drafts in the name of
employees, which are not only fraught of inherent security risks, but also transferring
focus of program persons from developmental activities to administrative activities, thus
harming the projects in the long-term.
Govt should not forget the purpose for which this Act was enacted in the first place. The
purpose as stated in the preamble of the Act was to install a mechanism to regulate
receipt and utilisation of foreign contribution. One wonders how many times the dept.
officials have really looked into the nitty gritty of monitoring e.g. does it really
compare the costs of targets achieved with that of generally acceptable ones ? Do the
officials really ever visit the field to verify if the targets as stated have been
achieved. A more constructive and thoughtful approach of ensuring that the proper
monitoring does take place, while ensuring that genuine difficulties of NGOs are taken
care of will really serve the the intentions of the legislature.