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TLA representative Ms. Namgyal Tsekey and Ms. Sonam Bhuti\u00a0 \u00a0attended the two \u00a0days workshop \u00a0on Good Governance of\u00a0 CSO\/NGO at Norbu House, \u00a0from 12-13.10.2017<\/p>\nTLA representative Ms. Namgyal Tsekey and Ms. Sonam Bhuti\u00a0 \u00a0attended the two \u00a0days workshop \u00a0on Good Governance of\u00a0 CSO\/NGO at Norbu House, \u00a0from 12-13.10.2017<\/p>\n
The Civil society organizations(CSOs) has a vast and important role to play in the strengthening of democracy and democratic processes in every democracy around the world. While we as a civil society are such an integral part of any form of development and progress it is also a fact that we face the biggest challenges in being able to sustain ourselves and be more productive.<\/p>\n
\u00a0The workshop is given by \u00a0Mr. Sandeep Sharma and other Trainers from the Financial Management Service Foundation (FMSF) Delhi, covering \u00a0various aspects of good governance and financial management and \u00a0on legal compliance.<\/p>\n
Good Governance is important to effectively run an organization. And achive its aims and objectives.<\/p>\n
A)\u00a0\u00a0\u00a0<\/b>Understanding\u00a0 Governance of NGO:<\/b><\/p>\n
All the Board has the equal legal responsibilities, In a case, where all 7 board members got arrested in the middle of the night because of fire in the building, three of the Board embers has not even seen the building even once.<\/p>\n
B)\u00a0\u00a0\u00a0\u00a0<\/b>Duty of management and Duty of Board.<\/b><\/p>\n
\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Board duty is to direct and plan strategic for the sustenance of the society. Board duty is to oversee.<\/p>\n
\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0CEO manages the office administration while Board oversees .<\/p>\n
\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Board works only through the Board meeting and not\u00a0 by managing the office in a day to day business.<\/p>\n
\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0it is the Chief Executive officer who manages the\u00a0 office usually CEO is the Secretary or the Chairman. Management looks after day to day matter and acts on the direction and policies adopted by the Board.<\/p>\n
\u00b7\u00a0 \u00a0 \u00a0 \u00a0Management\u00a0 has to periodically\u00a0 report to Board of its works and activities undertaken and completed.\u00a0<\/strong><\/p>\n \u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Making of Policies:<\/b>\u00a0 \u00a0Board is legislative body of the society. Although the Management \u00a0will draft a policy and rules, it must be reviewed and approved by \u00a0the\u00a0 Board . This is also an<\/p>\n \u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Board duty :<\/b>\u00a0\u00a0\u00a0selecting, appointing, supporting and reviewing the performance\u00a0 of \u00a0the \u00a0chief\u00a0executive<\/a>\u00a0 officer,\u00a0president<\/a>\u00a0\u00a0or \u00a0executive director<\/a>\u00a0who manages the offices);<\/p>\n \u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Duty of the Board:\u00a0\u00a0 Board meeting must be held\u00a0in case of big decisions like salary, removal of the senior staff, \u00a0or terminating Chief Executive officer, appointment of senior staff, appointment of auditor, Approval of accounts, and setting\u00a0the salaries, compensation and benefits of senior management. Deviation of fund from the approved granted projects requires Board approval.<\/p>\n \u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Interference Board: \u00a0\u00a0Board should not interfere too much in the office management. To much indulgence of Board in the office management is not a good governance. Too many board members on the office management is not good. Board is not entitled to a salary as Board member but can draw salary \u00a0as a \u00a0Chef Executive officer to manage the office.<\/p>\n \u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Passive Board: \u00a0Not Good\u00a0 \u00a0\u00a0 \u00a0 \u00a0 \u00a0 Active board: \u00a0\u00a0Good<\/p>\n Selection and Election Process of Board member<\/b>:\u00a0 \u00a0The ideal \/desirable practices is to make a nomination committee. \u00a0CEO\/ Staff should not be in nomination committee .<\/p>\n Need of special selection strategy:\u00a0 Nomination of the Board should be based on Qualification, availability, background, knowledge \u00a0etc\u00a0 \u00a0Board Diversity should be three.<\/p>\n Notice and Agenda .Quorum of Board meeting:\u00a0<\/b>The Agenda must be given in advance along with the advance notice of 21 days for AGM\u00a0 and 7 days for \u00a0board meeting and the Agenda must be clear\u00a0 so that the board will be easier to decide.<\/p>\n Who can summon a Board Meeting:<\/b>\u00a0\u00a0CEO\/President, secretary and the Treasure can summon the Board meeting.<\/p>\n Who represents NGO:<\/b>\u00a0 President \/ Chairperson is the person who generally acts as the legal custodian and representative of the Organization.<\/p>\n Attendance:<\/b>\u00a0every members who attends the Board meeting or AGM must sign the attendance and it must form part of the record.<\/p>\n Quorum<\/b>:\u00a0\u00a0If the required quorum is not present then the meeting is generally adjourned to the same day of the next week, at the same time and the same place. In case the quorum is still not present in the adjourned meeting then the meeting can be taken as a valid meeting.<\/p>\n Minutes:<\/b>\u00a0Keeping minutes is very important and Minutes is a legal valid documented record of the work of the Board members. It is admissible in the court of law as evidence and FCCR has been cancelled on the basis of minutes of the AGM. \u00a0Board meeting must be held four times, of not at least\u00a0 twice a year. \u00a0Most important thing is that Minutes must also \u00a0contain\u00a0 the dissenting opinions and discussions apart from the \u00a0decisions . Minutes should be signed on each page by the CEO ie President. Minutes of AGM must be circulated to the members for their approval\/ratification in the next AGM.\u00a0The pages of the minutes should be serially numbered. The minutes of the previous meeting are to be read and confirmed at the beginning of a meeting. These minutes are then signed by the chairman and subsequently they cannot be altered or corrected<\/p>\n Staff can attend the board meeting\u00a0 to take a note or give statistic or read \u00a0reports.<\/p>\n Impeachment by SPECIAL BOARD MEETINGS:<\/b>\u00a0 There must be SPECIAL BOADR MEETING with SPECIAL MAJORITY for termination of Board members or changing of Bye laws. \u00a0Removal\u00a0 of senior staff requires Special Board meeting.<\/p>\n Resolution:<\/b>\u00a0General resolution, Special Resolution and resolution by circulation means no meeting \u2013 its just circulated by email\/post \u00a0for works like bank accounts, \u00a0change of Bank signatory etc.<\/p>\n Board ID: Its\u00a0 very important to keep Id of the board mmee\u00a0 brs elected along with their address and signature .<\/p>\n In one given case, a\u00a0 Chairman removed all \u00a0other board members and elected new board members. The old board members filed a case against the \u00a0new board members.<\/p>\n Drafting \u00a0of a Governance Manual and developing conflict of interest policy\u00a0 is important.<\/p>\n Ms. Namgyal Tsekey, being\u00a0 on the board of TLA,\u00a0 as well as working staff\u00a0 ,\u00a0 it is like a reminder to oneself, that the\u00a0 \u00a0working members of the office\u00a0 ie Management\u00a0 \u00a0has to periodically\u00a0 report to Board of its works and activities undertaken and completed.\u00a0<\/strong><\/p>\n 2\u00a0nd<\/sup>\u00a0Day of the Program<\/b><\/p>\n FCRA 2010:\u00a0<\/b>it is a \u00a0\u00a0Security legislation to control not only the fund usage but the sender \/donor is also checked.\u00a0<\/b><\/p>\n Who has to Apply: \u00a0Individual, Sec 8 Company,\u00a0<\/b>Trust, Society, Association,\u00a0 have to apply for FCR from MHA.<\/p>\n FCRA is not applicable for consultancy \u00a0fee or commercial \u00a0transaction \u00a0from foreigners.<\/p>\n FCRA applicable to individual\u00a0 for receipt of RS 1lakh\u00a0 per year from Abroad.<\/p>\n Filling \u00a0of form is easy but it usually takes 1 year although law says 90 days.<\/b><\/p>\n After opening the FC Account,\u00a0within 15 days<\/span><\/span>\u00a0one must fill up FC 6 form\u00a0 online and intimate to MHA about the opening of the account.<\/p>\n Multiple bank accounts can be opened for the purposes of utilization provided only one bank account is maintained for receiving foreign contribution.<\/p>\n Annual Return must be filled by 31\u00a0st \u00a0<\/sup>December\u00a0 even if there is no transaction in the \u00a0account , you must file Nil return. \u00a0The FC account details must be\u00a0 uploaded in ones website.<\/p>\n Eligibility to apply FCRA: 3 years audit report and must have used Rs 10 Lakh on projects purpose and not administrative expenses.<\/p>\n BUSINESS\/ CONSULTANCY RECEIPTS OF CHARITABLE ORGANISATION<\/b><\/p>\n<\/td>\n<\/tr>\n Note:\u00a0 \u00a0\u00a0Which means fee received for TLA\u2019s \u00a0legal services\u00a0 or consultant fee from Foreigner or \u00a0foreign company charged for our services are exempted from FCRA.<\/p>\n Persons liable for punishments under FCRA\u00a0\u00a0<\/strong>The following persons may be liable to penalties and punishments depending on the nature of the offences:<\/p>\n i.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0NGO <\/p>\n Penalties and punishments<\/strong><\/p>\n Under FCRA laws, severe penalties and punishments are specified which can be invoked depending on the nature and quantum of the offence and the persons involved.\u00a0However, c<\/b>ompounding of \u00a0the offence is permissible with imposition of 5 %\u00a0 or 10 % if fund\u00a0 received, and 15% if the foreign\u00a0 fund is utilized.<\/p>\n \u00a0Goods and Services Tax (GST)\u00a0<\/b>\u00a0Complicated and one has to fill 36 forms if GST is applicable. NGO can make a profit out of its services but its main objectives is not a profit making.<\/p>\n GST is applicable only for goods and services for business purpose and if the aggregate turn over is Rs 10 lakh and above in HP and UK and 20 Lakh in other states.<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 TLA representative Ms. Namgyal Tsekey and Ms. Sonam Bhuti\u00a0 \u00a0attended the two \u00a0days workshop \u00a0on Good Governance of\u00a0 CSO\/NGO at Norbu House, \u00a0from 12-13.10.2017 The Civil society organizations(CSOs) has a vast and important role to play in the strengthening of democracy and democratic processes in every democracy around the world.<\/p>\n","protected":false},"author":1,"featured_media":726,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[31],"class_list":["post-719","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news","tag-two-days-workshop-on-good-governance-of-csos"],"_links":{"self":[{"href":"https:\/\/tibetanlegalassociation.org\/en\/wp-json\/wp\/v2\/posts\/719","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/tibetanlegalassociation.org\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/tibetanlegalassociation.org\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/tibetanlegalassociation.org\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/tibetanlegalassociation.org\/en\/wp-json\/wp\/v2\/comments?post=719"}],"version-history":[{"count":4,"href":"https:\/\/tibetanlegalassociation.org\/en\/wp-json\/wp\/v2\/posts\/719\/revisions"}],"predecessor-version":[{"id":727,"href":"https:\/\/tibetanlegalassociation.org\/en\/wp-json\/wp\/v2\/posts\/719\/revisions\/727"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/tibetanlegalassociation.org\/en\/wp-json\/wp\/v2\/media\/726"}],"wp:attachment":[{"href":"https:\/\/tibetanlegalassociation.org\/en\/wp-json\/wp\/v2\/media?parent=719"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/tibetanlegalassociation.org\/en\/wp-json\/wp\/v2\/categories?post=719"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/tibetanlegalassociation.org\/en\/wp-json\/wp\/v2\/tags?post=719"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n\n
\n \n \n Any amount received, by any person from any foreign source in India, by way of fee (including fees charged by an educational institution in India from foreign student) or towards cost in lieu of goods or services rendered by such person in the ordinary course of his business, trade or commerce whether within India or outside India or any contribution received from an agent of a foreign source towards such fee or cost shall be excluded from the definition of foreign contribution.<\/p>\n
\nii. Chief Functionary
\niii. Governing body members
\niv. Other officers
\nv. Other persons who indulge.<\/p>\n