CAP Prepares to Move Court on The Lokpal Act

Centre for Advancement of
Philanthropy (CAP) was established in the
year 1986 and one of its objects is to represent and advocate the
cause of the sector before various bodies.

The Lokpal
and the Lokayukta Act
2013 has raised anxiety and legitimate concern among Board Members
and Senior Officers of NGOs and charitable organizations which are:

a) Wholly
or partly financed by the Government and the annual income of which
exceeds Rs. 1 Crore;

b) In
receipt of any donation from any foreign source under the Foreign
Contribution (Regulation) Act, 2010 in excess of Ten lakhs Rupees in
a year.

The
Act arbitrarily and incorrectly clubs private individuals serving in
a fiduciary capacity with public functionaries and deeming them as
“public servants”. Several provisions
of the law are unconstitutional and a grave violation of the right to
privacy.

Further,
the office of the Lokpal is not functional, but the Ministry has been
issuing various notifications including the notification asking the
office bearers/ trustees/individuals to disclose their assets, assets
of their spouse and dependent children, in the forms prescribed.

Thanks to
the efforts of Member
of the Rajya Sabha, Mrs. Anu Aga,
the government appears ready to extend the 31st
July 2016 deadline. Please see http://toi.in/BsChhZ43/a18fg

Bravo and CAP
thanks you Anu, for being the voice of the sector and the voice of
reason in Parliament.

In the
meantime CAP will be filing on behalf of its members and affiliates a
Writ Petition in the Bombay High Court to challenge the
constitutional validity of some of the provisions in the Lokpal Act.

We are
grateful to Senior
Counsel Mr. D. J. Khambata (former Attorney General, Maharashtra
State), Advocate Naira Jejeebhoy and
Mulla & Mulla
Solicitors,
especially Mr. B.
H. Antia Senior
Partner, Mr. H.N
Vakil, Partner,
as also Ms. S. M.
Vakil, Solicitor
for their guidance and assistance to CAP.

This Note
is by way of information to all our Members and Affiliates with a
special request to:

1) Not
make any undue haste in filing the Returns under the Lokpal Act.

2) Let us
know in writing specific concerns they have regarding this law.

3)
Specific difficulties they are likely to face as a result of this
law.

Noshir H.
Dadrawala

Chief
Executive