chapter 5 the concept and philosophy...

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163 CHAPTER 5 THE CONCEPT AND PHILOSOPHY OF NGOs: AN OVERVIEW 5.1 THE CONCEPT OF NGOs. (Smalls) 5.2 WHAT IS AN NGO ? 5.3 CHARACTERISTICS OF AN NGO. 5.4 GROWTH OF THE VOLUNTARY 5.5 ROLE OF AN NGO 5.6 NGOS AND VOLUNTARY ORGANISATION 5.7 FORMATION OF AN NGO. 5.8 FORMATION OF AN NGO AS A SOCIETY. 5.9 FORMATION OF AN NGO AS A COMPANY LICENSED UNDER SECTION 25 OF THE COMPANIES ACT. 5.10 NGO- STATE RELATIONS 5.11 GOVERNANCE AND MANAGEMENT ISSUES OF NGOs 5.12 VOLUNTARY SECTOR IN RAJASTHAN

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CHAPTER – 5

THE CONCEPT AND PHILOSOPHY OF NGOs: AN

OVERVIEW

5.1 THE CONCEPT OF NGOs. – (Smalls)

5.2 WHAT IS AN NGO ?

5.3 CHARACTERISTICS OF AN NGO.

5.4 GROWTH OF THE VOLUNTARY

5.5 ROLE OF AN NGO

5.6 NGOS AND VOLUNTARY ORGANISATION

5.7 FORMATION OF AN NGO.

5.8 FORMATION OF AN NGO AS A SOCIETY.

5.9 FORMATION OF AN NGO AS A COMPANY

LICENSED UNDER SECTION 25 OF THE

COMPANIES ACT.

5.10 NGO- STATE RELATIONS

5.11 GOVERNANCE AND MANAGEMENT ISSUES OF

NGOs

5.12 VOLUNTARY SECTOR IN RAJASTHAN

164

5.1 THE CONCEPT AND PHILOSOPHY OF NGOS.

The term NGO is broad and ambiguous. It covers a range of

organizations within civil society, from-political action groups to

sports clubs. Its clear definition still remains contested. However,

it can be argued that all NGO's can be regarded as civil society

organizations, though not all civil society organizations are

NGO's. the concept of NGO came into use in 1945 following the

establishment of the United Nations Organizations which

recognized the need to give a consultative role to organizations

which were not classified as government nor member states

(Willett, 2002). NGOs take different forms and play different

roles in different continents, with the NGO sector being most

developed in Latin America and parts of Asia. The roots of NGOs

are different according to the geographical and historical context.

They have recently been regarded as part of the "third sector" or

not-for-profit organizations. Although there is contestation of the

definition of an NGO, it is widely accepted that these are

organizations which pursue activities to relieve the suffering,

promote interests of the poor, protect the environment, provide

basic social services, and undertake community development

(Cleary, 1997).

Such organizations should have certain fundamental

features which distinguish them from others (Stephenson, 2003).

For organizations to be recognized as not-for-profit, they should

satisfy the following criteria:

165

First, an NGO should be privately set up and sufficiently

autonomous in its activity, that is independent of direct

governmental control. Secondly, an NGO should also be non-

profit, which would clearly define its voluntary character.

Thirdly, it cannot be considered a political party with an aim of

attaining political power. Fourthly, an NGO should support

development which demonstrates its public interest character

(Schiavo-Campo et al, 2001).

According to Turner and Hulme: "NGOs are generally

registered organizations, community groups, professional

associations, trade unions, cooperate charity organizations whose

aim is to improve the well being of their members and of those

areas in which they exists" (Turner and Hulme, 1997: 2000).

The World Bank, on the other hand, sees NGO's as private

organizations that pursue activities to relieve suffering, promote

the interests of the poor, protect the environment, provide basic

social services, and/or undertake community development (WB,

2001). In this Chapter the terms non-governmental organization

and not-for-profit organizations will be used interchangeably

under the umbrella of civil society.

There are a mix of forces which have fuelled the rapid rise

and prominence of NGOs. The prevalence of weak states and

declining markets in Africa has led to the proliferation of NGOs

as the only alternative to promote grassroots development. Thus,

the development oriented NGOs are not only located between the

166

state and the market, in terms of institutional space, but are also

emerging as, what Levy calls, a critical 'third sector' that fosters

the development of the marginalized groups. The received

wisdom is that NGOs are more flexible and adaptive than

governments, are quick to respond to people's needs and are also

cost effective. According to Salamon, 1993, the ascendancy of

neo-liberalism in the late twentieth century also created a global

environment for this third sector. The poor performance of the

public sector in developing countries has led to a search for more

effective and efficient organizational forms of the delivery of

public services.

There are certain features which differentiate NGOs from

government agencies, even when they are performing similar

roles. NGOs have the capacity to experiment and learn from

experience, linking processes to outcomes and are also able to

enlist the energies and commitment of intended beneficiaries.

Fowler (1988) has identified two key distinctive characteristics of

NGOs.

Firstly, the relationship of the NGO with intended

beneficiaries is based upon principles of voluntarism rather than

those of control which is typical of government. This means that

intended beneficiaries are involved in program design and

management and if this happens, the programs stand a better

chance of success as they are more likely to be relevant and

attractive. (Korten,1980; Oakley and Marsden, 1984). Secondly,

167

it is argued that NGOs have a task oriented approach that permits

them to achieve appropriate organizational development, which

encourages change and diversity rather than control and

uniformity, which may hamper progress.

The growth of this third sector is therefore influenced by its

comparative advantage over governments. More specifically, the

advantages that NGOs or not-for-profit organizations have over

governments include some of the following:

1) Achieving the correct relationship between development

processes and outcomes;

2) Reaching the poor, targeting their assistance on chosen

groups;

3) Obtaining true meaningful participation of the intended

beneficiaries;

4) Working with the people and then choosing the correct form

of assistance for them, i.e. not being dominated by resources

as the basis for the relationship;

5) Being flexible and responsive to their works;

6) Working with and strengthening local institutions;

7) Achieving outcomes at less cost (Tredt, 1998: 129)

It should, however, be noted that although NGOs in the

eyes of the International donor community are cost effective and

are better placed to reach the poor, there is very little evidence

that supports this assertion (Robinson, 1992; Farrington and

Bebbington, 1993).

168

5.2 WHAT IS AN NGO ?

NGOs include groups and institutions that are entirely or

largely independent of government and that have primarily

humanitarian or cooperative rather than commercial objectives.

They are private agencies in industrial countries that support

international development; indeginous groups organized

regionally or nationally; and member-groups in villages. NGOs

include charitable and religious associations that mobilize private

funds for development, distribute food and famiiy planning

services and promote community organization. They also include

independent cooperatives, community associations, water-user

societies, women's groups and pastoral associations. Citizen

Groups that raise awareness and influence policy are also NGOs.

A non-governmental organization (NGO) is a legally

constituted organization created by private organizations or

people with no participation or representation of any government.

In the cases in which NGOs are funded totally or partially by

governments, the NGO maintains its non-governmental status

insofar as it excludes government representatives from

membership in the organization.

The number of internationally operating NGOs is estimated

at 40,000. National numbers are even higher: Russia has 277,000

NG0s. India is estimated to have between 1 million and 2 million

NGOs

169

5.3 CHARACTERISTICS OF AN NGO.

An NGO is a non-profit making, voluntary, service-

oriented/development ori-ented organization, either for the

benefit of members (a grassroots organization) or of other

members of the population (an agency).

It is an organization of private individuals who believe in

certain basic social principles and who structure their activities

to bring about development to communities they are servicing.

It is a social development organization assisting in

empowerment of people.

An organization or group of people working independent of

any external control with specific objectives and aims to fulfil

tasks that are oriented to bring about desirable change in a

given community or area or situation.

An independent, democratic, non-sectarian peoples

organization working for the empowerment of economic

and/or socially marginalized groups.

An organization not affiliated to political parties, generally

engaged in working for aid, development and welfare of the

community.

An organization committed to the root causes of the problems

trying to better the quality of life especially for the poor, the

oppressed, the marginalized in urban and rural areas.

Organizations established by and for the community with or

without little intervention from the government; they are not

170

only a charity organization, but work on socio-economic-

cultural activities.

NGOs are also traditionally known as:

Voluntary Organisations (VOs)

Voluntary Agencies (VAs)

Voluntary Development Organisations (VDOs)

Non Governmental Development Organisations (NGDOs).

5.4 GROWTH OF THE VOLUNTARY SECTOR

I. INTRODUCTION

1. The growth of this sector consisting of non-government

organizatrons engaged in social welfare and development

activities has been accelerated in recent years by several

factors -increase in fund availability for social causes, positive

public perception of the capacity of the voluntary sector to

address social concerns and increasing awareness of the

limitations of state and public agencies to reach out effectively

to sections of society needing transformation.

2. Official agencies are not only constrained by resource

availability, but face a number of -procedural and operational

hurdles to the smooth execution of development programs.

Enlightened governments in developing countries began to

collaborate with NGOs with experience in areas such as

poverty alleviation and environmental protection and which

had closer understanding of the needs of local communities.

171

Many governments began to appreciate the value of the

voluntary sector as a partner, shedding their perception of

them as competitors and intruders. However, it cannot be said

that these misconceptions have been totally replaced by a

constructive view.

3. The nature and focus of NGO activities has also changed over

time. While NGOs that emerged after the World Wars 1 and II

were more involved with relief work, attention gradually

shifted to welfare activities in Third World countries and still

later to providing finding and technical services to effective

grassroots organizations. The 1970s saw the emergence of

NGOs devoted to advocacy of the rights of disadvantaged

classes of society and these began public campaigning and

parliamentary lobbying in pursuit of socio-political changes.

During the 1990s, the trend among NGOs was to get involved

in micro-level reform, involving activities such as building

rural institutions, redirecting agricultural extension services

and bringing about changes in attitudes towards women. The

primary objective of NGOs was to bring about change — in

values, institutions and technologies.

4. The growth of voluntary organizations in India had roots in the

pre-independence period and in the social reform movements

of the late 19th century. During this period, a number of

individuals and associations were involved in social service,

such as helping the poor and the destitute, as well as social

172

reform against practices such as bride burning and widow re-

marriages. Christian missionary groups also contributed to the

growth by setting up a network of hospitals, schools and

welfare services for the poor. The Gandhian approach clubbing

4 village development programs with social reform

contributed largely to the growth of the voluntary sector.

5. Social historians (Misra, Rajeeb, 2008) have divided the

history of voluntary organizations in India since the 19th

century into the following eight phases.

a) First phase — 1800-1850 — This was a period that

witnessed social reform movements as a result of ideas

that were introduced from the West, as well as the

activities of Christian missionaries who combined social

uplift with Christian missionary activity. These shaped

the growth of voluntary organizations.

b) Second phase — 1850 — 1900 — This period was

characterized by the spread of nationalism, popularity of

English education and setting up of communication links,

all of which influenced growth of the voluntary sector in

these areas.

c) Third phase — 1900 — 1947 — The channelling of

voluntary spirit for political action, mass mobilization

and Gandhi's initiation of constructive work in rural areas

and among "Harijans" led to the growth of the voluntary

sector. Mahatma Gandhi's program of rural development,

173

which employed volunteers in rural areas for the

improvement of education, health and employment, set a

new operating model for voluntary and charitable

initiatives.

d) After Independence to the mid sixties — During the

period following Independence, the perception was that

economic growth could be achieved through a dominant

role for state investment and effort. Accordingly, the

Ministries of Agriculture and Rural Development started

community development in rural areas. Welfare

programs for the poor were initiated by social welfare

Ministries of state governments. NGOs were approached

by the government to implement these programs and to

gather support of the local population. The emergence of

a mixed economy or co-existence of both private and

public sectors and the launch of the Community

Development Program with the policy of people's

participation were key developments during this period,

which had an impact on the voluntary movement. The

Fifth Five Year Plan document stated that social welfare

services should be provided by voluntary agencies, with

government co-operation.

e) Fifth phase — Mid sixties — early seventies — This

phase witnessed the recognition of the limitations of the

government's development model and the contrasting

174

potential of voluntary organizations. A section of people

with Marxist ideology rejected the development model

followed by the government, since they felt that it did not

address the root cause of poverty. This led to the

increasing role of NGOs in the form of social action

groups, which focused on specific issues such as price

rise and corruption.

f) Sixth phase — Early seventies — 1979 — During this

period, the trend was to look for constructive ways to

channelize energies and resources for building a better

society. Disillusionment with the government and the

idea of people's participation contributed to the growth of

voluntary action. A number of social action groups

supported by liberal foreign funding began to mushroom

during this phase.

g) Seventh phase — 1980s — During the mid 1980s, the

fragmented development models gave way to a more

integrated development model. Two different types of

grassroots NGOs emerged – (1) development NGOs that

were, involved in activities such as agriculture,

environment, health and literacy and used participatory

and innovative approaches and (ii) Empowerment NGOs

which set up organizations for the poor in rural areas and

helped them to articulate their concerns. These NGOs co-

existed along with the welfare NGOs and social action

175

groups. However, while the welfare and development

NGOs collaborated with the as government, the

empowerment NGOs and social action groups took a

critical view of government policies and practices. This

period witnessed the growth of support groups that

specialized in services such as capacity building,

research, advocacy, legal assistance, etc. More

sophisticated issues such as women's development,

environment and water pollution were emerging on the

agenda of voluntary organizations, as opposed to direct

social service and support activities such as education,

health services, care of the destitute etc.

h) Eighth phase — 1990s — During this phase, voluntary

organizations began to make their presence felt at the

global level — for example, at UN sponsored meetings

such as the UN Conference on Environment &

Development. The value of development NGOs in

certain areas was recognized and they were approached

by international aid agencies and the government to

supplement the latter's efforts in micro-level poverty

reduction. The Planning Commission also emphasized

the role of NGOs by including a separate sub-section on

"Involvement of Voluntary Agencies" in the Seventh

Five Year Plan document (1985-1990) under the chapter

on Rural Development and Poverty Alleviation

176

Programs. A total Plan expenditure of Rs. 100-150 crores

was set aside for collaboration between government and

NGOs. The Council for Advancement of People's Action

and Rural Technology (CAPART) was established in

1986, to provide support to NGOs involved in rural

development. During the 1990s, the development

policies of the World Bank gave a prominent role to

NGOs in poverty reduction and development of civil

society, in the New Policy Agenda. The aid agencies

were of the view that NGOs should play an increasing

role in service provision and / development, since they

were cost effective and efficient service providers.

II. legislation

6. There are four ways in which an NGO may be registered in

India.

a) As a Trust — A Trust is a body which can include three or

more members as owners and is suitable for small NGOs

and is easily manageable. Trusts are registered under the

Indian Trusts Act, 1882 or the Charitable and Religious

Trusts Act, 1920.

b) As an Association or Society — This form of voluntary

organization comprises seven or more members. It may be

registered under the Societies Registration Act, 1860 at the

state, district or national level. This is by far the best form

of an NGO, since it provides for internal democracy and

177

participation, thereby securing the confidence of

philanthropic agencies and facilitating fund availability.

c) As a Co-operative — Voluntary organizations may also

register themselves under the Co-operative Societies

Registration Act, 1962.

d) As a Non-profit Company — NGOs are permitted to

register under the Companies Act of 1956. However, on

account of the provisions on disclosure and reporting under

the Act, NGOs tend to prefer to register under the earlier

alternatives.

III. Typical Structure

7. NGOs differ from one another in the rules of work and way of

conducting business. Generally, an Indian NGO has the

following management structures.

General Body — This includes all the members of the

organization and is given basic powers such as approval of

annual reports and audited statements of accounts, approval

of action plans and budgets, consideration and approval of

the resolutions passed by the Governing Body.

Governing Body — This includes members elected by the

General Body along with office bearers. It is accountable to

the General Body and its decisions on pre-defined matters

of certain importance have to be approved by the General

Body. However, the Governing Body is responsible for the

actual leadership and management of the NGO. Its

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responsibilities include appointment of the Chief

Functionary and Executive Staff, fund raising and use of

funds, approval of programs organized by staff, taking care

of legal issues, etc.

Executive Staff and Chief Functionary — They play an

important role, since they are responsible for implementing

the programs in co-ordination with the Governing Body.

The Chief Functionary plays the role of a full-time

Administrator, while the Executive Staff are either

Administrative Staff in charge of office management, or

Program and Field Staff in charge of implementing projects.

8. The Governing Body grants the Chief Functionary the power

to direct and manage the organization. The latter is also

required to select, train and motivate staff, mobilize funds,

prepare budgets and reports, maintain stakeholder relationships

and represent the organization at various forums.

9. NGOs also appoint outside professionals as advisors to the

organization. With NGOs becoming more professional in their

approach, these consultants are gradually becoming more and

more useful. They identify organizational problems and offer

suggestions for improvement.

10. A study conducted by Fowler, Alan (2007) found that

international NGO networks had three broad categories of

organizational structure.

179

a) Corporate partnerships — Corporate partners are generally

not involved in the governance of the organization.

b) Federations — Under this model, affiliates at the regional or

national level are responsible for carrying out the work of

the international association.

c) Membership associations — In this arrangement, individual

organizational members belong to a central association and

are involved in the governance of the operations.

11. NGOs are also diverse in terms of the type of organization.

The table below lists the different forms that an NGO may take

and the shaded boxes indicate categories that fall within the

scope of our study.

12. According to Litterer (1969) quoted by Misra, Rajeeb

(2008), structure refers to "the identification of elements in an

organization and relations between them". Fowler has

developed a model of NGO structure that reflects the main

characteristics of NGOs. Fowler says that NGOs need to have

strengths in five areas — organizational design (vision),

systems (strategies and programs), mobilization of resources,

maintaining external relationships and achieving results

consistent with the mission.

13. Development organizations need to have a clearly defined

vision, so that it provides a sense of direction to people

working in the organization. Vision refers to where the

organization would like to be, as opposed to where it is now.

180

Organizational mission refers to the method/s used by the

organization to achieve its vision. For example, an NGO

whose vision is a world where no child dies of a preventable

disease could focus on providing healthcare services in areas

where they are currently not available. Organizational

strategies refer to how the organization is going to accomplish

its mission. It also includes how the organization will use its

resources, strengths and weaknesses to achieve that task. Once

a voluntary development organization has been created within

the above framework, it needs to acquire a legal identity. A

separate legal status is required for an NGO for its effective

functioning and for enhancing its capacity for fund raising. It

enhances the credibility of the NGO among donors and

regulatory organizations. In fact, the problem with Indian

NGOs is that, as indicated earlier, they can register under

different laws of the Government and as such lack a distinct

and special legal identity to infuse confidence among funding

agencies. Such clarity and distinctness in status makes it

accountable to the government, beneficiaries and funding

sources in the form of periodic reporting requirements, giving

them the right to intervene in its affairs as and when needed.

5.5 ROLE OF AN NGO

The Government has enunciated welfare state as one of the

Directive Principles of State Policy and essentially the society

and social organizations also have a role to play in providing

181

basic needs and amenities to and addressing the problems of

downtrodden, destitute, and the weak sections (women and

children). The Government has identified, considering the social

pattern of living and needs of citizens, schemes in which NGOs

and voluntary organizations can participate. These are broadly:

Age Care, Agriculture, Animal Welfare, Art & Craft, Children,

Cities & Urban, Culture & Heritage, Disability, Education,

Environment, Health, Human Resource, Rural Development,

Science & Technology, Tribal People, Waste Management,

Welfare, Women Development, Other Social and Cultural

Activities.

NGOs provide expert analysis in the field; serve as early

warning agents and help monitor and implement international

agreements. NGOs also help raise public awareness of issues,

play a major role in advancing UN goals and objectives and

contribute essential information at UN sponsored events. NGOs

advocate many of the causes of concern to the United Nations,

volunteer resources and execute and oversee development

projects.

5.6 NGOS AND VOLUNTARY ORGANISATION

Although the terms VOs & NGOs are used interchangeably,

however, they differ widely in their objectives, methodology,

style of functioning, motives, legal status, socio-political

orientation, ideological affinity, economic strength etc. Voluntary

organisations are opposite to business, cooperative and trade

182

associations. Voluntary organisations or agencies are essentially

non-profit and non-partisan organisations. They are largely

independent of the government and are characterised primarily by

humanitarian or cooperative rather than profit making objectives.

The quintessence of VOs is voluntarism and the spirit of

voluntarism stems from varied sources such as e.g., love of

humanity, charity, welfare of the needy and destitute etc. VOs are

controlled and administered by an association of citizens rather

than any influence from the government.

The term NGO, has acquired wide acceptance

internationally. The United Nations nomenclature of an NGO

refers to any international organisation not established by inter-

governmental agreement including organisations which accept

members designated by governmental authorities, provided that

such membership does not interfere with the organisation's free

expression of views. NGOs are different from the market induced

organisations and other organisations of the State. They are

formalised organisations beyond the market and the State,

receiving their resources partly from voluntary contributions of

the society. The term NGO in India has been used to denote a

wide spectrum of organisations which may be non-governmental,

quasi or semi governmental, voluntary or non-voluntary, partisan

or non-partisan, formal or informal, non-profit or profit oriented

bodies, with a legal status and registered under special Acts (like

Companies Act, Societies Registration Act,etc.). To be eligible

183

for funding from various agencies, it should have legal status (i.e.

a legal personality).

5.7 FORMATION OF AN NGO.

Basically a Non Governmental Organization (NGO) is

perceived to be an association of persons or a body of individuals.

Such body with a definite name and objective may be a registered

one or unregistered one. But when such body seeks external

funding for carrying out its philanthropic or other social

objectives, the funding agencies (either international or national)

will definitely look for some legal character for such

organization. Legal character is acquired only after registration

(incorporation) of the association of persons under any of the

applicable laws.

Applicable Laws

An association of persons with non profit motive may be

registered under any of the following Indian Acts:

1. As a Charitable Trust.

2. As a Society under the Societies Registration Act.

3. As a licenced company under section 25 of the Companies

Act, 1956.

The legal requirement and procedure for registration under

different laws have been discussed in the following paragraphs.

184

FORMATION OF AN NGO AS A TRUST

Trust

Section 3 of the Indian Trusts Act defines "trust" as an

obligation annexed to the ownership of property, and arising out

of a confidence reposed in and accepted by the owner or declared

and accepted by him for the benefit of another, or of another and

the owner. According to Section 7 of the Indian Trust Act, a trust

may be created by (a) every person competent to contract and (b)

by or on behalf of a minor.

Charitable Trusts

While Hindus generally create charitable and/or religious

endowments, muslims create wakfs for the same purpose. In both

cases, some property is dedicated to public utility such as, tanks,

wells, gifts of food, dharamsalas, schools, places for supplying

drinking water, relief for sick and poor, etc. An institution is

founded and somebody is entrusted with the duty of performing

the acts.

A charitable endowment may be created by a person who is

of sound mind and not a minor, under a ―will‖ or inter vivos by

gift for a charitable purpose. A trust is not necessarily required

for the purpose. Any person who holds the property so dedicated

shall hold it under trust and shall execute the purpose specified by

the settlor.

However, it is always desirable for a person who dedicates

his property to a Charitable purpose, that a trust is formed under a

185

written instrument and a body of trustee be appointed to manage,

control and regulate the affairs of the endowment and execute its

purpose.

Trust Deed

The instrument by which the trust is declared is called the

'instrument of trust' or more popularly as the 'trust deed'. Since a

trust may be declared either by will or inter vivos by agreement, a

trust deed may be in the form of a testamentary instrument i.e.

will or a non-testamentary instrument. Certain trusts may be

created even orally i.e. without executing an instrument in

writing. It is, however, always advisable to have a written trust-

deed.

Contents of a Trust Deed

A trust may be created by any language sufficient to know

the intention and no technical words are necessary. A trust deed,

generally, incorporates the following:

1. The name(s) of the author(s)/settlor(s) of the trust;

2. The name(s) of the trustee(s);

3. The name(s) if any, of the beneficiary/ies or whether it shall

be the public at large;

4. The name by which the trust shall be known;

5. The name where its principal and/or other offices shall be

situate;

6. The property that shall devolve upon the trustee(s) under the

trust for the benefit of the beneficiary/ies;

186

7. An intention to divest the trust property upon the trustee(s);

8. The objects of the trust;

9. The procedure for appointment, removal or replacement of a

trustee, their rights, duties and powers, etc.;

10. The rights and duties of the beneficiary/ies;

11. The mode and method of determination of the trust.

Registration

In case of public charitable trusts, whether in relation to movable

property or an immovable property and whether created under a

will or inter vivos, registration is optional but desirable.

However, in case of a charitable trust in relation to an immovable

property, for claiming exemption u/s 11 of the Income-tax Act, it

is essential that the instrument of trust is duly registered.'

Registration of Trust Deed under Indian Registration Act

An instrument assigning any right, title or interest in an

immovable property of value exceeding Rs. 100, is required to be

registered under the Registration Act, 1908. Thus, a trust deed

involving an immovable property must be registered.

A trust-deed should be presented for registration within four

months of its execution (Sec. 23), in the office of the Sub-

Registrar within whose sub-district the whole or some portion of

the property is situate (Sec. 28). If a document cannot be

presented for registration within the aforesaid period, owing to

urgent necessity or unavoidable accident, it may be presented for

registration within a further period of four months alongwith a

187

fine which shall not exceed ten times the amount of registration

fee (Sec. 25). Registration fees, as prescribed by the State

Government, is payable on presentation of the document (Sec.

78).

A trust deed relating to immovable property must, for the

purposes of registration, contain a description of such property,

sufficient to identify the same (Secs. 21 & 22). If there are any

interlineations, blanks, erasures or alterations in a deed, the same

must be duly attested by the person(s) executing the deed (Sec.

20).

When the Registering Officer is satisfied that the provisions

of the Act as applicable to the document presented for registration

have been complied with, he shall endorse thereon a certificate

containing the word "registered", together with the number and

page of the book in which the document has been copied. Such

certificate shall be signed, sealed and dated by the Registering

Officer, and shall then be the conclusive evidence that the

document has been duly registered (Sec. 60).

In terms of Section 47, a registered trust deed shall operate

from the time from which it would have commenced to operate if

no registration thereof had been required or made, and not from

the time of its registration. In other words, a registerec trust deed

shall become operative (retrospectively) from the date of its

execution.

188

Registration of Trust under Public Trusts Act

A charitable trust is not required to obtain registration under

the Indian Registration Act. However, in certain States like

Maharashtra and Gujarat there is a Public Trusts Act, which

requires such institutions trusts to get registered as such under the

said Act.

For example, according to the Bombay Public Trusts Act,

1950 all charitable and religious institutions are to be registered

as public trusts and will come under the supervision of the

Charity Commissioner of the State.

5.8 FORMATION OF AN NGO AS A SOCIETY.

Society

An NGO may be formed as a society. A society may be

defined as a company or an association of persons (generally

unincorporated) united together by mutual consent to deliberate,

determine and act jointly for same common purpose.

As per the Societies Registration Act, 1860 a society can be

formed by minimum seven (or more) persons, eligible to enter

into a contract, for any of the following purposes:

1) Grant of charitable assistance;

2) Creation of military orphan funds;

3) Promotion of science, literature or the fine arts;

instruction and diffusion of useful knowledge, diffusion

of political education, foundation or maintenance of

libraries or reading rooms for general use of the members

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or the public, public museums and galleries of paintings

and other works of art, collections of natural history,

mechanical and philosophical inventions, instruments or

designs. Besides, the State Governments are empowered

to add more objects to the above list.

The chief advantage of forming a society are that it gives a

corporate appearance to the organisation, and provides greater

flexibility as it is easier to amend the memorandum and bye-laws

of the society than in case of a trust, terms of which are strictly

manifested in the trust deed. However, formation of a society

requires more procedural formalities than in case of a trust.

Persons Eligible to Form a Society

Individuals (excluding minors but including foreigners),

partnership firms, companies and registered societies are eligible

to form a society.

Documents Required

A society for its inception requires—

a) Memorandum of association, and

b) Rules and regulations.

Memorandum of Association

It is the charter of a society. Memorandum of association depicts

and describes the objects of a society's existence and its

operation. This document should be drafted carefully and

meticulously as to confer all powers on the society which will be

reasonably required for total attainment of the objects.

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The memorandum of association contains the following

clauses:

i. The name of the society

ii. The registered/principal office of the society

iii. The objects of the society

iv. The names, addresses and occupations of the members

of the governing body whether called as Governors,

Councillors, Directors, etc. to whom, by the rules of the

society, management of its affairs is entrusted, and

v. The names and addresses of the persons (at least seven)

subscribing to the memorandum. The signatures of the

subscribers should be duly witnessed and attested by

the Oath Commissioner/NotaryPublic/Gazetted Officer/

Advocate/Chartered Accountant/Ist Class Magistrate.

Rules and Regulations

The rules and regulations of a society are framed to guide

the members of the governing body and to regulate the functions

of the society and its internal management. The rules and

regulations generally provide for—

i. The conditions of admission of members

ii. The liability of members for fines, forfeitures under certain

circumstances;

iii. The termination of membership by resignation or expulsion

or upon death;

iv. The appointment and removal of trustees and their powers;

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v. The appointment and removal of the members on the

governing body;

vi. The requirement as to notice, quorum etc. for holding

meetings and passing resolutions;

vii. The investment of funds, keeping of accounts and for audit

of accounts;

viii. The manner of altering the objects and rules;

ix. The matters to be provided in bye-laws;

x. The dissolution of society and the manner of utilising the

property upon dissolution;

xi. Such other matters as may be thought expedient with

reference to the nature and objects of the society.

The bye-laws of the society are subsidiary to the rules and

regulations and usually provide for:

i. The business hours of the society;

ii. The activities of the society in furtherance of its objects;

iii. The matters relating to enrolment of members, their

removal, rights, applications and privileges,

iv. The manner in which the society shall transact its business;

v. The mode of custody, application and investment of the

funds of the society and the extent and conditions of such

investment;

vi. The arrangements for day-to-day transactions, the

expenditure to be incurred therefor, the staff to be employed

and condition of services of such employees;

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vii. The conduct of the general meetings and the procedure

therefor;

viii. Such other matters incidental to the organisation and

working of the society and the management of its business,

as may be deemed necessary.

Registration Procedure

When an NGO is constituted as a society, it is required to

be registered under the Societies Registration Act, 1860. After the

Memorandum and Rules and Regulations of the society have

been drafted, signed and witnessed in the prescribed manner, the

members should obtain the registration of the society. For the

purpose of registration, following documents are required to be

filed with the Registrar of Societies:

a) Covering letter requesting for registration stating in the body

of the letter various documents annexed to it. The letter is to

be signed by all the subscribers to the memorandum or by a

person duly authorised by all of them to sign on their behalf.

b) Memorandum of Association, in duplicate, neatly typed and

pages serially numbered.

c) Rules and Regulations/Bye-Laws,' in duplicate, certified by

at least three members of the governing body.

d) An affidavit of the President/Secretary of the society, on a

non-judicial stamp paper of prescribed value, stating the

relationship between the subscribers, duly attested by an

Oath Commissioner, Notary Public or 1st Class Magis-trate.

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e) Documentary proof such as house tax receipt, rent receipt in

respect of premises shown as Registered Office of the

society or no objection certificate from the landlord of the

premises.

f) An authority duly signed by all members of the managing

committee.

g) A declaration by the members of the managing committee

that the funds of the society shall be used only for the

purpose of furthering the aims and objects of the society.

If the Registrar is satisfied with the documents filed, he then

requires the applicant society to deposit the registration fee;

normally it is Rs. 50, payable in cash or by demand draft. After

the registration formalities have been completed and the Registrar

is satisfied that the provisions of the Act have been complied

with, he then issues a certificate of registration and copies of the

Rules and Regulations and Memorandum certified in his hand.

5.9 FORMATION OF AN NGO AS A COMPANY

LICENSED UNDER SECTION 25 OF THE

COMPANIES ACT.

Under Section 25 of the Companies Act, 1956, an

association formed or to be formed:

a. For the purposes of promoting commerce, art, science,

religion, charity or any other useful object,

b. With intention to apply its profits or other income for

promoting its objects, and

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c. which prohibits payment of any dividend to its members,

is permitted to be incorporated without addition of the

word "Limited" or "Private Limited".

Procedure for Obtaining a Licence u/s 25 of the Companies

Act

For obtaining a licence u/s 25 of the Companies Act, an

association shall follow the following steps:

a) First, the name availability has to be ascertained from the

Registrar of Companies.

b) After deciding on the name of the proposed association or

company, Memorandum of Association (MOA) and

Articles of Association (AOA) are to be drafted.

c) Apply to the jurisdictional Registrar of Companies for

incorporation of the company along with Memorandum

and Articles, prescribed forms and other documents.

If the Registrar is satisfied that all formalities have been

complied with, he will issue a Certificate of Incorporation from

which date the company comes into existence.

5.10 NGO- STATE RELATIONS

There is no doubt that with increasing demands on the state

by the citizens, the state can no longer be the sole provider of

goods and services. It is also true that the support and interest in

NGOs has grown as a result of the failure by state agencies to

deliver services. Thus, the state and NGOs need each other. In

terms of their relation with the state, Clark (1991) provides a

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liberalist view in terms of three options; they can complement,

reform, and/or oppose the state.

In their role of complementing the state, they act as the

implementers of development activities. In this case as argued by

Thomas, (1992) NGOs fill the gaps left by the public service. The

role of the state becomes more of an enabler rather than a

provider of services. In their reforming role NGOs are seen as

agents of advocacy and contribute immensely to policy dialogue.

NGOs are able to represent the interests of the people they work

with and in this case can ensure that policies are adaptable to real

life situations. Finally, NGOs can oppose the state. They can do

this by acting as watchdogs and holding the state accountable.

This can be achieved through several methods including lobbying

or even overtly supporting groups which are adversely affected

by the policies of the government (Thomas, 1992).

From the foregoing, it is clear that NGO-government

relationships are complex and diverse and are likely to affect the

management of NGO activities. The relationships are affected by

the specific contextual factors which may include the nature of

NGOs objectives and strategies, the area of operation of an NGO,

the behavior of the donor and the nature and character of the

regime (Turner & Hulme, 1997). These relations also differ from

country to country. In some countries certain regimes are

favourable to NGOs while in others the relations are antagonistic.

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In order for NGOs to realize their potential contribution and

to efficiently manage their activities, a healthy relationship

between them and the government is essential. This healthy

relationship can be conceivable only if both parties share the

same objectives. If the government's commitment to poverty

reduction is weak, then NGOs are likely to view collaborating

with government as counter-productive. In the same vein,

dictatorial governments will be wary of NGOs which tend to be

sympathetic to the poor. In this case NGOs will not value a

positive relationship with government and may choose to go their

own way and attempt to make life difficult for government

agencies.

However, in cases where the government has a positive

social agenda which resonates with the NGOs, there is potential

for a strong, collaborative relationship. However, even where

there is room for cooperation, jealousies and mistrust between

NGOs and governments are deep rooted. Governments always

have the fear that NGOs will erode their political power and

NGOs also mistrust the motivations of government officials

(Fowler, 1992)

5.11 GOVERNANCE AND MANAGEMENT ISSUES OF

NGOs

The issue of good governance is the key to the functioning

of NGOs. It implies that the effective management of an NGO's

resources is done in a manner which is transparent, accountable,

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equitable and responsive to the needs of the people. Since NGOs

aim at becoming sustainable, then good governance is critical to

their existence. In many developing countries, NGOs often lack

the institutional capacity and resources to operate. Also, funds

from donors are sometimes poorly managed. Thus, in order to

ensure effective and proper management of resources, good

governance becomes an important aspect of every NGO. One of

the key requirements for good governance is accountability. The

issue this creates is to whom are NGOs accountable? At first this

question may appear to have an easy answer. Obviously they are

expected to account for the use of resources to the funders.

However, the ability to ensure that accountability exists, among

the NGOs and to all those concerned, remains debatable. NGO

staff members are not elected and ordinary people have no

mechanisms for bringing them to account for their actions. Unlike

governments, who have to get elected and can only avoid

accountability through violence or coercion and in business

where consumers can decide where to spend their money, NGOs

have no obvious accountability structures. NGOs themselves see

the need to take this issue seriously as there is a growing

emphasis on the need for proper monitoring.

There are a number of ways in which NGOs can improve on

their governance and management operations. These include the

following:

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Stating their mission, values and objectives clearly and

ensuring that these strategies are followed.

Better human resources development and training for their

managers and staff including board members and volunteers

Better management processes as well as financial

management, accounting, and budget systems.

Nevertheless, in order for these systems to be implemented,

committed staff and leadership within the NGOs themselves are

required. The expanded role of NGOs in the delivery of public

services is likely to affect the potential of these organizations.

The work of NGOs is much more difficult and demanding now as

they are expected to deliver quality with such limited resources.

Problems arise where governments shift major responsibilities to

the NGO sector. According to Schiavo-Campo (2001),

someNGOs do not have the time and expertise to manage all of

the funded programs, or even to ensure full involvement by all of

the communities, as is normally claimed. In some cases, where

there are many departments trying to deal with the NGOs, the

problems may be created by the governments themselves. Also,

staff at the local level may not be familiar with government

policies and this affects efficiency of the NGOs because of

tensions which may arise.

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5.12 VOLUNTARY SECTOR IN RAJASTHAN

NGOs in Rajasthan - A Historical Perspective

1. Rajasthan has a rich history of voluntarism and helping poor.

In earlier days traders, businessmen and other people who had

resources used to give charity to poor people. In times of

draught and other natural calamities, local communities

usually come forward to help the affected people. Over period

of time this sector has grown in more than one way. Now

NGO's are working with poor and marginalised community in

various sectors, like Health, Education, women empowerment,

Social Welfare, Right based issues, Dalit issues. etc. This has

been the result of some local and some professional initiatives

taken by institutions and individuals in mid seventies and early

eighties. The Vidya Bhawan Society in Udaipur, the Social

Work Research Centre in Ajmer and Urmul in Bikaner

emerged as three main centres around which the NGO sector

in Rajasthan developed. People like Professor Mohan Singh

Mehta, Bunker Roy and Sanjoy Ghose were the forerunners of

this movement. With them, they brought an alternative system

of initiating change.

2. The late eighties brought in the multi lateral and bilateral

donors to Rajasthan. Their experience of the seventies and

eighties of working with the government had led them to feel

fairly dissatisfied with the governmental approach to

development. They began to, in exchange of the financial

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investments, seek greater roles for NGOs. Under pressure from

donors, the Government, therefore, had to open its frontiers

and what were till then small experimental initiatives, began to

get recognition as possible development intervention ideas.

Notable among the experiments that were tried up on a larger

scale by government learning from the voluntary agencies

during this period was the "Shikshakarmi" approach to

universalize primary education.

3. The early 90's saw international development support

organisations increasing funding for development programmes

in the State. There was growing interest and conviction about

the involvement of communities in the development process.

Voluntary Organisations or NGOs became a mechanism for

ensuring participation of the communities. NGOs by their very

nature of existence and work were closer to communities that

government departments could ever be. The involvement of

NGOs thus began to be seen as a sure way of greater

community participation and thereby a greater level of

sustainability of development programmes.

4. Since independence, The Government of Rajasthan has been

working on various programmes/projects to address the

"Development" in general and "poverty eradication" in

particular. These programmes have had various levels of

success. However, despite the large number of initiatives

poverty continues to remain prevalent.

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5. The problem of underdevelopment/backwardness needs to be

addressed on priority. Government's efforts alone would not be

sufficient. There are some good non-government organizations

that are serving marginalized people in a good manner. Such

NGOs are to be identified / listed and they should be

encouraged to do more.

Initiatives for promoting collaboration

6. The State Government has been of the opinion that a strong

and vibrant NGO sector would be useful for speedy

development in State. With this view the Government has

taken a number of initiatives to strengthen NGO sector and to

promote linkages NGO with government, Panchayati Raj

Institution, Corporate Sector & Private donors. Some of the

initiatives are as follows.

Initiating an Organisation named ARAVALI (Association for

Rural Advancement through Voluntary Action & Local

Involvement)

7. The Government of Rajasthan has set up a unique organization

called ARAVALI as a partnership organization to promote

innovation in development and greater collaboration between

the Government and the Voluntary Sector.

8. ARAVALI is working with two specific strategies to promote

collaboration.

Helping Voluntary organization to enhance their capacities

for development and collaboration and

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Smoothening the interface and environment within which

collaboration takes place.

9. Under the capacity enhancement programme ARAVALI

builds capacities of VOs in the areas of project formulation

and report writing, Accounting and financial management,

Accountability and Transparency, Human Resource

Development and Networking. All these initiatives are taken in

a planned manner to provide a comprehensive support

package. The capacity enhancement initiatives also include

special training programme to build staff capacities in the

VOs. Notable initiatives are the social analysis and

management development program - which is a 40 day

intensive training programme for the staff of smaller

organisations and ARAVALI Training Support Fund which

provides financial support to individuals to undertake trainings

organized by specialized institutes. ARAVALI is also

providing professional support to the Organisation by placing

professionally qualified person in small organisation under the

PAVA program (Professional Assistance to Voluntary

Agencies).

10. ARAVALI is working in areas of natural resource

management, livelihood enhancement through micro finance,

micro credit, natural resource management and micro

insurance in rural areas. ARAVALI is working with 40

organisations all over Rajasthan and reaching out to more than

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200 organisations through its information exchange programs

and development feature services.

11. To expand the out reach of NGOs State Government in

association with ARAVALI plans to develop a strategy to

reach to the under served areas. For this 17 priority districts

namely Dausa, Baran, Tonk, Dholpur, Jhalawar, Rajsamand,

Churu, Sirohi, Pali, Nagaur, Sawai Madhopur, Jalore,

Jaisalmer, Kota, Jhunjhunu, Bundi and Bhilwara have been

identified based on Human Development Indicators.

12. Senior Secretaries of development Department of the

Government of Rajasthan and some eminent persons, and

Organisation of Development sector represent ARAVALI on

its Governing Council. Honble Minister of Rural Development

Department is the Chairperson of ARAVALI and the

Development Commissioner is the Vice-chairperson.

ARAVALI‘s headquartered in Jaipur.

State Level Standing Committee

13. A State Level Joint Machinery in the form of Standing

Committee has been constituted under the chairmanship of

Development Commissioner for better coordination between

the State Government Departments and VO/NGOs. This

Committee is expected to not only establish coordination

between the State Government/concerned Departments of the

State, and the VO/NGOs but also take policy decisions and

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issue suitable guidelines. ARAVALI has been made the

Member Secretary of the Standing Committee.

The NGO Cell

14. The NGO Cell has been set up in ARAVALI to enhance

collaboration of VO/NGOs in various schemes operating for

the overall development of the State and to institutionalize the

process of dialogue between the State Government and Vos.

This Cell is functioning under the overall control/direction of

Development Commissioner who is also Chairman of the State

Level Standing Committee. ARAVALI has set up the

Collaboration Support Group (CSG). The CSG will facilitate

activities of the NGO Cell, which have been planned as

follows:

Creation of database, and timely updating of all government

department schemes that have a provision and possibility for

NGOs involvement.

Conduct applied research studies to understand specific

issues that affect collaboration for key schemes, so that those

issues can be addressed and lessons learnt may be

documented. Ultimately best practices can be elicited and

promoted.

Promote open dialogue and discussions on issues of

collaboration (through workshops, meetings and seminars)

among all agents such as Government, NGOs, PRIs and

donor agencies so that they understand each other's strengths

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and limitations and develop a basis to work together. This

would also enable them to build mutual trust.

Do advocacy with the Government Departments, PRIs and

NGOs to promote effective collaboration through accepting

institutional mechanism including appropriate criteria for

selection of credible and capable NGOs.

Promote dialogue and appropriate processes with NGOs on

the issues of credibility, transparency and accountability so

that this may become a central issue in building and

promoting good NGOs.

Keep linked to the Central Governments' initiatives on

promoting partnership in development with good NGOs and

also to link up to the national efforts of many NGOs to

discuss, develop and promote credibility standards.

Present Situation of NGO's - Role & their involvement with

Government

15. Presently there are a number of projects under different

departments, which is either implemented by VOs, or the

Voluntary Organisations have important role in these projects.

Rural Development Department

16. Presently DPIP (District Poverty Initiative Project) is being

implemented in 7 districts (Tonk, Churu, Dausa, Dholpur,

Baran, Rajsamand and Jhalawar) of Rajasthan with a total

outlay of 600 crores since 2000. The entire project is being

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implemented through NGOs. Role of NGOs in the program

starts from village level entry programme, community

mobilization, motivating people for participation in the

development by forming Common Interest Groups (CIGs),

assisting the VDA in assessing the demand for area based

activities. The NGOs are also providing the technical

assistance to the common interest group and even ensuring

sustainability of the project by giving follow up support in

terms of financial management, marketing and participatory

decision.

Special Projects under SGSY

17. Presently 3 organisations are implementing 4 projects under

SGSY. Total outlay of these projects is Rs. 2234 lakh.

Following projects are being handled by NGOs under the

SGSY - special projects :-

18. Community managed water resource development program

Dag Block Water resource development project phase II.

Development of community silvipasture - Bhilwara

Community facility centers for production of vermi compost in

rural areas.

Innovative scheme for rural housing and habitat development

programme

19. Presently one NGO is involved in this program.

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Social Welfare Department

20. The department is involving several NGOs in

implementation of schemes for handicapped, destitute

children, blind, old aged person and rehabilitation program.

Most of the projects where NGOs are involved are small

budget programs. The various schemes of the department

where NGOs are involved in implementation or providing

support are:-

21. Scheme for SC untouchability (Rajasthan Harijan Sewak

Sangh) is implementing the scheme.

Rehabilitation Program is being handled by one NGO.

Presently 30 Balgrah centers for destitute children are being

run by 25 organisations benefiting 1575 children.

Assistance is given to 13 VOs working for mentally and

physically handicapped persons.

Polio camps have been organized by 6 organisations and an

amount of Rs.20.86 lakh has been expended through these

NGOs.

Assistance of Rs.1.5 lakh has been provided to an

organization working for leprosy patients

Assistance of Rs.3 lakh to 2 organisations has been

provided for distributing Braille books to blind children.

Day Care centers - 32 organisations involved

Old and destitute home run by 1 organisation.

Man Power 8s Gazetteers Department

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22. NGO's are also being involved in the preparation &

publication of district gazetteers. One organization from Sirohi

district was involved with the preparation/writing &

publication of gazetteers, for which government provided an

amount of Rs. 6.91 lakh to the organization.

Education Department

23. Department is involving NGOs with the projects like

Shiksha Karmi, Janshala, District Primary Education

Programme and Lok Jumbish.

24. Aapni Yojana Phase I - Under this scheme Rs.1846 lakhs

has been sanctioned of which Rs.1457.52 has been disbursed

till February 2014 to 5 NGOs involved in this project. This

scheme is being run by a consortium of NGOs and the role is

mainly of community mobilization and organisation.

Directorate of Local Bodies

25. The role of NGOs is very important in implementation of

Swarm Jayanti Shahari Rozgar Yojana (SJSRY) and National

Slum Development Program. At ULBs level expenditure

incurred on skill upgradation training is booked in USEP

component and expenditure on Medical/Awareness camps is

booked under community structure component of SJSRY.

Swarm Jayanti Shahari Rozgar Yojana

26. At present VOs are associated with activities like training

and skill upgradation, formation of Self Help Groups (SHGs),

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formation of DWCUA groups, organizing medical camps and

awareness camps, training of RCV.

National Slum Development Program

27. In Apna Ghar Yojana (shelter upgradation component of

NSDP) -an organisation of Jaipur is presently involved. Rural

Non-farm Development Agency (RUDA)

28. Under the schemes of RUDA the Non-Government

organizations are primarily involved with training and skill

building of the Common Interest Groups (CIGs) and providing

marketing linkages.

29. SCP-Presently 4 organisations are involved in the

implementation of the SCP project. Leather Sub Sector -

Under leather sub sector of RUDA, 5 NGOs are involved and

1 organisation has been associated with the wool and textile

sector.

Medical and Health

30. NGOs are involved with the departments program in

mobilizing community for Pulse Polio program through

awareness camps and mobile vans for publicity. In National

AIDS control programme NGOs are handling projects like

school aids education, targeted intervention for truck drivers,

migratory labourers, commercial sex workers etc. VOs are also

engaged in organizing camps for blindness control program,

IPP-IX in rural and urban areas. There is greater involvement

of NGOs with the RCH project.

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Women and Child Development Department

31. ICDS Programme - 4 projects at Kumher (Bharatpur),

Kolayat (Bikaner), Rajgarh (Churu) and Sultanpur (Kota) are

being implemented by NGOs (Lupin, Urmul, Bhoruka and

Madhusmriti). The NGOs are involved with mobilizing

women into Self Help Groups under various programs like

Swayam Siddha.

Forest Department

32. NGOs play a role in facilitating the preparation of village

level Micro Plan through Participatory Rural Appraisal. NGOs

also have a role in formation of Village Forest Protection and

Management Committee (VFPMC). NGOs are also being

linked up with the Rajasthan Forestry and Bio-diversity

Project of Forest Department where the role of NGOs is of

community mobilisation, micro planning, monitoring and

constitution of VFPMC and SHGs.

33. NGOs are not only involved in service delivery as

programme partner but several NGO's are involved in

organizing communities in form of people movement and

taking up socially relevant issues from time to time. Some

such examples are Mazdoor Kisan Shakti Sangthan, Akaal

Sangharsh Samiti etc. These organisations are involved with

providing a platform to issues affecting human rights situation

in the State.

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Irrigation / Agriculture and Ground Water Department

34. These three departments are implementing Rajasthan Water

Sector Restructuring Project. The NGOs are being involved in

this project for delivering agriculture extension services and

community mobilization. The Agriculture Department has

already selected 8 NGOs.

Action taken for advancement of collaboration

35. Taking the advantage of the earlier initiatives like setting up

of the Standing Committee and the NGO Cell and existence of

orgnaisation like ARAVALI, some issues of VOs were

addressed by the Government of Rajasthan. Some such issues

are the selection criteria of NGOs, common sharing platform

for GOs and NGOs, orientation of the government officials to

the voluntary sector and increasing voluntarism in areas where

few organizations exists.

Selection Criteria

36. There are several schemes that promote NGO partnership,

but due to lack of standard effective selection criteria, wrong

NGOs get selected or no selection takes place at all. In order to

ensure right selection, standard selection criteria has been

developed by the NGO Cell and is in process of being adopted

by all government departments.

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District level GO-NGO PRI forum

37. It was realized that for effective collaboration, building

mutual understanding, appreciation, acceptance, trust and

shared learning between the government officers, NGOs and

Panchayati Raj representatives by facilitating interaction and

interface would be necessary.

38. With this objective the District level forum has been

initiated to facilitate regular interaction and dialogue between

the Government, Voluntary Organizations and PRIs for mutual

sharing of work, building coordination, avoiding duplicity in

work and striking synergy for effective development

collaboration at the field level by harnessing strengths of all

agencies.

Training module to orient the Government Official to the

Voluntary Sector

39. To sensitize the government officials about the roles and

functions of the voluntary sector a training module is being

worked out as an activity of the NGO Cell. It is planned that

this training module would include a field visit of the

Government officials to the voluntary organisation for better

understanding of the functioning of the VOs.

NGO Directory

40. The State is planning to have a comprehensive database of

NGOs working in the field of development. The database

would help in easy communication of the GOs with VOs and

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greater participation of small and medium sized NGOs with

development programs. Preparation of an NGO directory is in

progress.

Database of Government Schemes

41. The Compilation of information on all the government

schemes where NGOs are involved is being done at

ARAVALI's level. It was observed that due to lack of

awareness on the schemes many NGOs were not able to get

linked up with the programs. The compiled information on

government schemes will be helpful in promoting

collaboration and larger participation of NGOs and

community.

Area Specific Action Plan

42. The State in association with ARAVALI plans to expand

the outreach of NGOs in the under served areas and develop

area specific action plans. The strategy for the same is being

worked out in collaboration with ARAVALI.

CAPART

CAPART (Council for Advancement of People's Action and

Rural Technology) is an example of a collaborative effort

between the Government of India and NGOs. It was set up in

1986 by the Government of India, recognizing the need to

supplement its own efforts to ,promote rural development and

employment. Since the government's programs were not having

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the desired impact in rural areas, it was felt that NGOs could play

a leading role in rural development through direct implementation

of interventions around specific issues.

CAPART has initiated programs in rural areas directly through a

nodal NGO scheme, i.e. by appointing NGOs in each state and

district. Selection of nodal NGOs is done by CAPART, based on

the recommendations of the concerned State government.

Monitoring, evaluation and selection of NGOs is done directly by

CAPART headquarters and its regional offices. Nodal NGOs are

expected to ensure adequate follow up of CAPART's various

programs in rural areas. This enables the state governments and

CAPART to reach the remotest areas and identify those which

have not benefitted from these programs. The primary objectives

of the nodal NGO scheme are as follows.

To create a network of development practitioners in each

Block and District, so that NGOs have adequate

representation at the grassroots level.

To implement projects through a need based and location

specific approach.

To provide ready information on implementation and

impact of projects in rural areas.

To work in an integrated manner for the all round

development of rural areas the nodal NGOs have to meet

CAPART's conditions for financial assistance. They can

either implement the programs directly, or by appointing

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grassroots NG0s, using the resources of the State

government, CAPART's and their own experience and

knowledge. The previous track record and experience of the

grassroots NGO in rural development is an important

criterion for selecting and sponsoring NGOs for taking up

CAPART sponsored programs. It is the responsibility of the

nodal NGOs to provide adequate marketing and technical

knowledge to the grassroots NG0s, facilitate the

implementation of projects and resolve the problems faced

by the local staff. In addition, they have to report progress

on implementation of various schemes to CAPART on a

regular basis, provide ready information on the status of

projects and be open to monitoring and inspection by

CAPART.

On CAPART's side, the major responsibilities include

development of a monitoring mechanism, setting up a cell to

monitor the information provided by nodal NGOs and appointing

an external agency to evaluate the project at intervals of 6

months.

The modal NGOs implement CAPART's programs in the

following priority areas - life skill development, rain water

harvesting, sanitation awareness in rural areas, professional

scheme for rural youth, primary food and vegetable processing,

addressing malnutrition, income generation among the rural poor,

promotion of computer skills, innovative rural technologies

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which address concerns of the rural poor, establishment of village

knowledge centers and creation and maintenance of a database of

NGOs in the Block/District specified.

The main outcome of the nodal NGO scheme is creating a

database of NG0s, building a platform for NGOs to share their

success stories and problems and ensuring transparency,

sustainability and accountability in project implementation. The

scheme was to be in operation for a period of two years, after

which it was to be extended based on review.