SC wants law to regulate NGOs

Satya Prakash

Tribune News Service

New Delhi, April 26

The Supreme Court on Wednesday asked the NDA Government to examine the feasibility of having a legislation to regulate functioning of over 32 lakh NGOs, their funding and to take to task the defaulting ones.

After examining a set of guidelines prepared by the government, a Bench headed by Chief Justice of India JS Khehar said the existing or proposed guidelines were not sufficient to deal with “unaccountable” NGOs getting grants from government agencies for decades.

Haryana and Punjab accounted for 1,00,611 and 84,752 NGOs. Many other states had much more. According to a report filed by the CBI, Maharashtra (5.18), Uttar Pradesh (5.48), Kerala (3.69), West Bengal (2.34), Tamil Nadu (1.55), Andhra Pradesh (2.92) and Madhya Pradesh (1.36) had much greater number of NGOs.

The government had proposed that all NGOs receiving or desirous of receiving government funds had to mandatorily register themselves with the NITI Aayog or an agency notified by the Centre for registration and accreditation. It had submitted draft norms for their registration, accreditation, release of funds, monitoring, auditing of accounts, disciplinary procedures and dispute resolution. “In future, all funds to NGOs/VOs (voluntary organizations) should be released through the Public Funds Management Systems (PFMS),” the Centre had said in its guidelines prescribing a three-tier monitoring of NGOs. The Bench didn’t find the draft guidelines good enough to be accepted. “We are not happy with the guidelines. You must crystallise them. Those (NGOs) which are clear are clear. If not then blacklist and prosecute them,” it told the Centre.

The Bench—which is seized of a PIL seeking proper guidelines to regulate over 32 lakh NGOs, many of which are not properly audited—said the law should not only provide for enforceable consequences but also prescribe civil and criminal action.