POLICY DIGEST:LEGIT ORIGINALS

Authored by:

Aswani.S.Babu – Campus Ambassador, Internationalism


1. Foreign Contribution (Regulation) Amendment Bill, 2020


The Foreign Contribution (Regulation) Amendment Bill, 2020was passed by the Parliament. The Bill amends the Foreign Contribution (Regulation) Act, 2010. It is an act to strengthen the law to legalize the reception and consumption of foreign contribution or foreign hospitality by certain individuals or associations or companies. Also, prohibit reception and consumption of foreign contribution or foreign hospitality for any activities unfavourable to the national interest and matters associated therewith or subsidiary thereto. Applicability of the acts is on the citizens of India, outside India, applicable in associate branches or subsidiary of companies, corporate bodies, registered or incorporated in India or outside of India.


Transfer of alien payment: The Bill prohibits the transfer of foreign contribution to any other person. The term person’ under the Bill includes a person, an organization, or a registered corporation. The Bill bars certain peoples from receiving foreign contributions.


They are:-

· Candidate for election.

· Correspondent, columnist, cartoonist, editor, owner printer or publisher of a registered newspaper

· Judge, government servant, an employee of any cooperation or any other body controlled or owned by the government

· Member of any legislature.

· Political parties or office bearer thereof.

· Organization of a political nature.

· Association or company engaged in the production or broadcast of audio news or audiovisual news or current affairs programs through any electronic mode, or any other electronic form or any other mode of mass communication

The FCRA 2010 allows the transfer of foreign contributions to persons registered to accept foreign contributions. There are certain factors that excluded from the view of foreign contribution.


They are:-

· Salary, wages or other remuneration due to him or group people were working under foreign sources.

· Payment through international trade or commerce

· An agent of a foreign source about any transaction made by such foreign source with central or state government.

· Gifts

· Relatives Remittance received

· Scholarship, stipend.


FCRA Registration and its benefits


The FCRA registration has been approved by Ministry of Home Affairs, Government of India. As per the sections12(A) of the FCRA gives the certificates for the NGOs and section 80 G of income tax act also gives them tax benefits. For a registered NGO, it’s easy to get donations from other sources.


FCRA registration is protection for newly registered NGOs to get any kind of financial benefits and the terms of liabilities are helps them to fulfil their business needs and goals. The Registered NGOs must follow some specific eligibility. They are, the purpose of the NGO must be charity. The NGOs must maintain a proper authority on their accounts, transactions including all type of expenses. They must no form for the purpose of development of any particular cast, religion, communities etc. This is to ensure that the NGOs must not use their donations for other purposes than charities. If it's under a registered trust then they must follow the particulars issued by the government norms. The time period has been assigned for an NGO is 3 years. Documents required for the completion of registration, A copy of PAN Card (NGO), Certified copy of Trust Deed / MOU, Past 3 years Audited Balance Sheet, Income & Expenditure Account, A Copy of certificate issued by the Income Tax Authority under 80G & 12A of the Income Tax Act, Detail about the current and past management of the trust, Copy of resolution passed by the Governing Body of the NGO, Annual report of the NGO and details of work done in past 3 years, Copy of Undertaking from the Chief Functionary of the NGO.


Issues Involved


The Parliament has been amended the FCRA recently. Now a day, we can say that NGOs are the respiratory system of democracy. The taproot of the system has been condemned by our government by amending this FCR Act. The government is always praising the utopian ideology and gandhiyan principles. There is a big parity existing in the democracy itself. NGOs help to cover up the gap between government policies and the common man. But Still the NGOs are not that much expanded to the level of so-called pressure groups. They are budding with the current scenarios. By this amendment, they are going to lose their current sources of income and common peoples, the beneficiaries of all kind of government policies lacking their access to get such sole platforms. Since India facing COVID 19, a pandemic health emergency situation, NGOs and its members do concerned about society. They reached to the deep darkened places, where the government can't fetch its arms. By this amendment, the government has done mercy killing on democracy and its freedom.


Conclusion


NGOs are the best way to access and influence the commons. The central government clarifies that while amending this FRCA brings more regulations and accountability on the NGOs. Nothing but the hidden truth is waves of nationalism is blowing all over the pandemic period. The speedy movement is a kind of stone brick for the graveyard of democracy.

2. “AYUSH”, with the new Trinity Bills.


We all know, AYUSH is the ellipsis of the medical system that is being practised in India such as AYURVEDA, YOGA & NATUROPATHY, UNANI, SIDHA and HOMEOPATHY. These are based on unambiguous medical philosophies and representing a way of vigorous life with time-honoured concepts on the hindrance of diseases and endorsement of health. On August 15, 2020, the ministry of AYUSH launched a 3-month campaign “AYUSH FOR IMMUNITY” focusing on spreading awareness about affordable and easily accessible health practices, through AYUSH solutions; that can be acquired for improving immunity and prevention of diseases, especially during this pandemic situation.


To bring revolutionary reforms in the medical education “Indian system of medicine and homoeopathy, the parliament has passed two important bills of the Ministry of AYUSH. The National Commission for Indian System of Medicine Bill, 2020and The National Commission for Homeopathy Bill 2020 were passed in Lok Sabha on 14th September 2020. These twin bills replace the existing Indian medicine central council act, 1973. The third bill, The institute of teaching and research in Ayurveda (ITRA) bill, 2020 has been passed by Lok Sabha in March, and by Rajya Sabha on 16th September 2020.


The National Commission for Indian System of Medicine (NCISM) Bill, 2020


The new bill repeal the Indian Medicine Central Council Act,1970.mean while the bill aiming for accessibility of sufficient and high quality medical professionals of Indian System of Medicine, adoption of latest medical research by professionals of Indian System of Medicine, periodic evaluation of medical institution and an effective criticism redressal mechanism. Within three years of passage of the bill, the state government will ascertain a State Medical Council for Indian System of Medicine at the state level. Functions of NCISM are framing the policies for adaptable medical institutions and medical professionals, Ensuring compliance by the State Medical Councils of Indian System of Medicine to the convention made under the Bill. Ensuring harmonization between the autonomous boards set up under the Bill. [1]


The National Commission for Homeopathy (NCH) Bill, 2020


The National Commission for Homoeopathy, Bill, 2019, aims to replace the Central Council for Homoeopathy, which is the contemporary authoritarian body for homoeopathy. It proposes a teacher’s eligibility test to appraise the standard of teachers before selection and promotions. The National Commission will have three autonomous boards entrusted with conducting overall education of homoeopathy by the homoeopathy education board. The board of assessment and rating will grant permission to educational institutions, while the board of ethics and registration of homoeopathy practitioners will maintain the national register and address ethical issues. The bills were passed in Rajya Sabha in January 2019, to regulate substitute systems of medicine on the lines of the National Medical Commission Bill, and create a new authoritarian body for homoeopathy in the country.[2]


The Institute of Teaching and Research in Ayurveda (ITRA) Bill, 2020


The bill sought the merger of three Ayurveda Institutes at Jamnagar into one. The Institute of Postgraduate Teaching and Research in Ayurveda, Jamnagar, Indian Institute of Ayurvedic Pharmaceutical Science, Jamnagarand Shree Gulabkunverba Ayurved Mahavidyalaya, and Jamnagar would be amalgamated and a sole Institute, called Institute of Training and Research in Ayurveda (ITRA), would be established in Jamnagar, Gujarat. The projected institute would be set up on Gujarat Ayurved University’s campus. Also, the bill projected that the Institute should be taking into account as an Institution of National Importance. The Institute would aim to develop teaching patterns in medical education in Ayurveda and Pharmacy. It would set Under Graduate and Post Graduate standards for all other Ayurvedic Medical colleges in India.


Conclusion


It remains to be seen to what extent these trinity bills, which the Central Government proclaims to be the crown jewel of the Ministry of AYUSH, will be implemented in India.

References:

[1] National Commission for Indian Systems of Medicine (NCIM) Bill, 2019. [2] Bill For Establishment Of National Commission For Homeopathy Passed By Parliament Of India September 14, 2020, by Team Homeopathy360.


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LEGIT ORIGINALS: Volume I, Issue III

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