Home Ministry extends validity period of FCRA registration certificates

Fundraising & Communications: The Ministry of Home Affairs (MHA) has issued a circular extending the validity of FCRA registration certificates to September 30th, 2021. This applies to all FCRA licences that have expired or will expire between September 29th, 2020 and May 31st, 2021. The decision to extend the deadline has been driven by the exigencies arising from the COVID-19 situation.

FCRA refers to the Foreign Contribution (Regulation) Act 2010, which permits charitable organisations based in India to raise funds from foreign sources.

The order also clarified that nonprofits that have already opened an account and have the requisite permission to receive foreign aid, can henceforth receive it only in these newly-opened accounts.

The FCRA law was amended in September 2020 to include a clause that mandated that all nonprofits receiving foreign aid must necessarily open an account in State Bank of India’s New Delhi Main Branch. The government had initially set the deadline for this account opening as March 31st, 2021; it later extended it to June 30th, 2021 after several nonprofits argued in court that there had been delays because necessary approvals from MHA had not been received.

Several organisations have not been able to receive foreign funds during the crisis caused by the second wave, and this has impacted their COVID-19 relief efforts. Relaxing the foreign funding rules could significantly help organisations ramp up their operations to help individuals, supply critical healthcare equipment, and respond to communities in rural areas.

Read this article to know how amending the FCRA can have unforeseen implications.

Philanthropy & CSR: The Ministry of Corporate Affairs (MCA) has issued a circular that allows corporate spending on health infrastructure for COVID-19 care to qualify as corporate social responsibility (CSR) expenditure.

This includes setting up medical oxygen generation and storage plants, manufacturing and supply of oxygen concentrators, ventilators, cylinders, and other medical equipment to counter COVID-19.  

The announcement comes at a time when all efforts are being directed towards expediting efforts to support the country’s healthcare infrastructure.

According to the circular, companies can now undertake projects and activities in collaboration with other companies using CSR funds. Additionally, they can contribute to specified research and development projects, as well as publicly funded universities and certain organisations that conduct research in science, technology, engineering, and medicine.

The government had earlier clarified that setting up makeshift hospitals and temporary COVID-19 care facilities would also be considered a CSR activity. Rajesh Verma, the Corporate Affairs Secretary, has requested businesses to consider converting vacant office buildings into COVID-19 facilities to cater to the rapidly increasing caseload.

Read this article to understand why media attention on COVID-19 deaths due to lack of oxygen in big cities has skewed donor priorities.

COVID-19: Four key surveys on migrants, domestic workers, jobs created by the transport sector, and the employment potential of professionals, have been suspended by the central government in light of the second wave of the COVID-19 pandemic. This is likely to delay the national employment policy which would have been based on these surveys.

The government will proceed with the fifth survey—the quarterly employment survey (QES). Unlike in past years though, this survey will be conducted online.

These surveys are important as they can provide a holistic picture of the employment market, and the socioeconomic condition of migrant and informal workers. However, government officials said that with lockdowns and curfews across the country, surveyors will find it difficult to meet the respondents at homes, offices, and worksites. They also added that the surveys will be restarted once the situation improves.

The national surveys which are designed and implemented by the Labour Bureau in consultation with an expert committee, might have to be reworked considering the change in ground realities owing to the COVID-19 pandemic.

In the case of the QES—which is a physical establishment-based survey cutting across companies and industries, the survey is being administered after a gap of four years. The results for this will be released by July-end.

The national jobs and social-economic survey results were expected to form the base of the national employment policy being considered by the government, along with the four labour codes by the Parliament in 2020.

“We have put the four surveys on hold as the surging COVID-19 makes it almost impossible to do the household surveys. We are talking to our expert committee on how to incorporate the new realities in these surveys. It’s a difficult situation, and sending our field workers to houses and offices will have a huge implication on their health and well-being. Second, no one will entertain surveyors at their homes during a second wave,” said D P S Negi, Director General, Labour Bureau, and Chief Labour Commissioner.

He also added that they hope to restart the process in a couple of months once the situation improves. The initial survey was to have been released by November 2021.

 Read this article to understand how rural India can respond to the second wave effectively.