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Countries: India

    February 12, 2021

    ”‡”Œ”f› CG-DL-E-28092020-222069THE FOREIGN CONTRIBUTION (REGULATION) AMENDMENT ACT, 2020 N O. 33 OF 2020 [28th September, 2020.] An Act further to amend the Foreign Contribution (Regulation) […]

    India Digital Freedoms Series

    December 17, 2020

    This report series, researched and written by the Centre for Internet and Society with support from ICNL, undertakes an examination of four key topics related to digital rights and civic space in India: internet shutdowns, online censorship, platform governance, and surveillance.

    Protecting Activists from Abusive Litigation

    July 15, 2020

    In this report, ICNL presents the first cross-regional survey of SLAPPs in the Global South, along with the first rigorous comparative analysis of anti-SLAPP policy responses undertaken in both the Global North and South.

    Closing Civic Space for Climate Activists

    June 4, 2020

    This briefer, presented by ICNL and ECNL, outlines some of the common legal and extralegal measures used to target civil society actors working on climate justice. Many of these measures violate international and regional law, and threaten civil society’s ability to function and find solutions to urgent global environmental challenges.

    UNSR Comment on India’s Revised Unlawful Activities (Prevention) Act

    May 7, 2020

    A statement by UN Special Rapporteurs regarding India's Unlawful Activities (Prevention) Amendment Act 2019 (the amended Act) and to the cuпent counter-terrorism legislation, the 1967 Unlawful Activities Prevention Act (the Act). The statement addresses specific concerns in relation to their compatibility with India's obligations under international human rights law and in relation to pertinent international standards of counter-terrorism legislation.

    UNSR Report: Disease Pandemics and the Freedom of Opinion and Expression

    May 4, 2020

    In this report, the UNSR on Freedom of Expression registers alarm that some efforts to combat the coronavirus disease pandemic may be failing to meet the standards of legality, necessity, and proportionality. The Special Rapporteur highlights five areas of concern, showing that access to information, independent media, and other free expression rights are critical to meeting the challenges of the pandemic.

    The Law Affecting Civil Society in Asia

    April 21, 2020

    Made up of more than 40 countries, Asia defies easy categorization. On the one hand, many countries are home to vibrant civil society sectors. On the other hand, in too many countries, state regulatory controls on civil society are becoming increasingly restrictive.

    COVID-19, Information Problems, and Digital Surveillance

    March 20, 2020

    In this piece for the Center for Global Development, ICNL Alliance Advisory Council Member Michael Pisa discusses how the use of digital tools to monitor the coronavirus spread raises serious questions about governments continuing to use these surveillance tools for other purposes after the crisis.

    Future Trend Report: Philanthropy

    February 25, 2020

    This briefing explores key trends in philanthropy and their possible impact on civic space. It is one in a series commissioned by ICNL as a part of its Civic Space 2040 initiative to help inform civic space advocates about the opportunities and challenges ahead.

    Future Trend Report: Emerging Technology

    February 25, 2020

    This briefing explores the trends in emerging digital technology most likely to shape civic space, and opportunities for civil society advocates to mitigate and capitalize on the changes ahead. It is one in a series commissioned by ICNL as a part of its Civic Space 2040 initiative to help inform civic space advocates about the opportunities and challenges ahead.

    Future Trend Report: Climate Change

    February 25, 2020

    This briefing explores how states’ responses to the climate crisis over the next two decades will affect civic space for a range of established and new civic actors. It is one in a series commissioned by ICNL as a part of its Civic Space 2040 initiative to help inform civic space advocates about the opportunities and challenges ahead.

    Civic Freedom Digest: Trends in the Asia-Pacific Region

    February 21, 2020

    In this issue of the Civic Freedom Digest, ICNL highlights some of the key challenges and opportunities for civic freedoms across the Asia-Pacific region.

    India Philanthropy Law

    December 10, 2019

    Indian culture places great emphasis on Daana (giving). The ancient philosophy of Nishkama Karma – “do good without the expectation of getting a reward” – continues to profoundly influence many peoples’ lives.

    Nonprofit Legal Reform in India

    May 20, 2019

    This report compares the regulation of nonprofits in India to the regulation of for-profit enterprises. It explores whether reform efforts for the nonprofit sector in India could be aided by adopting regulatory practices, appropriately modified, applied to the for-profit sector.

    Analysis of the Current Legal Framework for Civil Society in India

    May 20, 2019

    This report, written by Noshir H. Dadrawala for ICNL’s India nonprofit law reform workshops in December 2018, provides a detailed analysis of the regulation of nonprofit organizations in India.

    ICNL Publishes Two New Reports on the Legal Environment for Civil Society in India

    May 20, 2019

    Civil society in India is noted for its vibrancy and innovation. However, India’s legal framework undercuts the sector in critical ways.

    India

    July 19, 2018

    FAQ: India’s Lokpal and Lokayukta Act

    April 1, 2018

    India's Lokpal and Lokayukta Act 2013 is a law intended to regulate and control corruption in public institutions.

    FAQ: India’s Goods & Services Tax

    April 1, 2018

    India’s unified Goods and Services Tax (GST) integrates several central and state taxes with the goal of making business easier to conduct.

    FAQ: Corporate Social Responsibility in India

    April 1, 2018

    The Indian Companies Act of 2013 makes Corporate Social Responsibility (CSR) compliance mandatory for any company, whether private; public; foreign; or even a nonprofit company registered under Section 8.

    FAQ: Income Tax in India

    April 1, 2018

    In India, individuals are taxed on their salaries or professional incomes. For-profit entities are taxed on their business incomes.

    FAQ: India’s Foreign Contribution Regulation Act of 2010

    April 1, 2018

    India’s Foreign Contribution Regulation Act (FCRA) of 2010 is a federal law enacted to regulate the acceptance and use of foreign contributions by certain individuals, associations, and companies.

    Globalization Without a Safety Net

    January 16, 2018

    In this article in the Minnesota Law Review, Lloyd H. Mayer explores restrictions on cross-border funding of nonprofits and the possibility of using international investment treaties to protect such funding.

    Goods and Service Tax Act

    November 15, 2017

    THE CENTRAL GOODS AND SERVICES TAX ACT, 2017N O. 12 OF 2017 [12th April, 2017.] An Act to make a provision for levy and collection […]

    Enabling Environment National Assessment

    January 1, 2017

    The Enabling Environment National Assessment (EENA) is an action-oriented research tool designed to assess the legal, regulatory and policy environment for civil society.

    The Indian Trusts Act

    July 11, 2016

    1 VOL. VIII-B 19 THE INDIAN TRUSTS ACT, 1882 1* ACT No. 2 OF 1882 [13th January, 1882.] An Act to define and amend the […]

    The Prevention of Terrorism Act

    July 11, 2016

    THE PREVENTION OF TERRORISM A CT, 2002 Act No. 15 of 2002 An Act to make provisions for the prevention of, and for dealing with, […]

    The Societies Registration Act

    July 11, 2016

    54 48 4520 53 4F 43494554 4945 53 2020 52 4547 4953 5452 41 54494F 4E20 41 43542C20 31 38 3630 28 41 63742058 5849206F […]

    The Bombay Public Trusts Act

    July 11, 2016

    54 48 452042 4F 4D 4241 592050 55 42 4C4943 2054 52 555354 532041 43 542C2031 39 3530 43 48 41505445 52 2049 50 52 […]

    Income-Tax Act

    July 11, 2016

    INCOME-TAX ACT, 1961* [43 OF 1961][AS AMENDED BY FINANCE ACT, 2008] An Act to consolidate and amend the law relating to income-tax and super-tax BE […]

    The Foreign Contribution (Regulation) Act

    July 11, 2016

    India_IndiaFCRA2010.pdf

    The Companies Act

    July 11, 2016

    THE COMPANIES ACT, 2013 (N O. 18 OF 2013) [29th August, 2013.] An Act to consolidate and amend the law relating to companies. BE it […]

    Analysis on International Law, Standards and Principles Applicable to the Foreign Contributions Regulation Act 2010 and Foreign Contributions Regulation Rules 2011

    April 28, 2016

    Office of the High Commissioner for Human Rights www.ohchr.org Palais des Nations Email: press -info@o hchr.org CH -1211 Geneva 10 Tel: +41 22 917 9310 […]

    India: Special Rapporteur’s Legal Analysis Argues Restrictions On Foreign Funding Contrary To International Law

    April 22, 2016

    This 2016 legal analysis by UN Special Rapporteur Maina Kiai examines India’s Foreign Contributions Regulation Act (FCRA) – which regulates foreign funding to certain individuals, associations and companies – and argues that it is not conformity with international law, principles and standards.

    Circular for Renewal of Registration under FCRA, 2010

    February 26, 2016

    To view the list of associations, Please Click Here

    Companies (Corporate Social Responsibility Policy) Rules

    December 3, 2015

    G.S.R. 129(E).- In exercise of the powers conferred under section 135 and sub-sections (1) and (2) of section 469 of the Companies Act, 2013 (18 […]

    The Closing Space Challenge: How Are Funders Responding?

    November 2, 2015

    As restrictions on foreign funding for civil society continue to multiply around the world, Western public and private funders committed to supporting civil society development are diversifying and deepening their responses.

    The Obscure Global Organisation that’s Unwittingly Undermining Civil Society

    September 30, 2015

    From India to Spain, civil society is becoming increasingly constrained, with the Financial Action Task Force (FATF) – set up to combat financial crime – unwittingly restricting NGOs.

    Countering Terrorism or Constraining Civil Society?

    August 6, 2015

    This report from Statewatch in collaboration with Human Security Collective explores the impact of the Financial Action Task Force (FATF) recommendations on non-profit organizations in Central and Eastern Europe and Central Asia.

    The International Anti-Terrorist Financing System’s Negative Effect on Civil Society Resources

    March 6, 2015

    This article by Kay Guinane of the Charity & Security Network explains how the Financial Action Task Force has contributed to the global trend of restrictions on civil society.

    The Convention between The United States and India For The Avoidance of Double Taxation and The Prevention of Fiscal Evasion with Respect to Taxes on Income

    April 3, 2013

    TAX CONVENTION WITH THE REPUBLIC OF INDIA GENERAL EFFECTIVE DATE UNDER ARTICLE 30: 1 JANUARY 1991 TABLE OF ARTICLES Article 1———————————General Scope Article 2———————————Taxes Covered […]

    Wireless Telegraphy Act

    November 8, 2012

    INDIAN WIRELESS TELEGRAPHY ACT, 1933 17 of 1933 11th September, 1933 An important source of revenue to the Indian State Broadcasting Service is the fees […]

    Laxman Balwant Bhopatkar v. Charity Commissioner

    November 1, 2012

    Supreme Court of India Supreme Court of India Laxmanbalwant Bhopatkar ( Since … vs The Charity Commissioner, Bombay on 1 May, 1962 Equivalent citations: 1962 […]

    Report on Indian Finance Bill

    November 1, 2012

    Indian Finance Bill 2006 Proposal to Bring Anonymous Donations under the Tax Net Indian Finance Minister Mr. P. Chidambaram in his Budget Speech delivered on […]

    Maharashtra Value Added Tax Act

    November 1, 2012

    C:Document s and SettingsAdmi nistratorDesktopVAT – Act 2005.doc3:50 PM4/6/2005 1 In pursuance of clause(3) of article 348 of the Constitution of India, the following translation […]

    Foreign Contribution (Regulation) Rules

    November 1, 2012

    Foreign Contribution (Regulation) Rules, 2011 NOTIFICATION NO. G.S.R. 349(E), DATED 29-4-2011 In exercise of the powers conferred by section 48 of the Foreign Contribution (Regulation) […]

    Foreign Contribution (Regulation) Act

    November 1, 2012

    Foreign Contribution (Regulation) Act, 2010 (No. 42 of 2010*) An Act to consolidate the law to regulate the acceptance and utilisation of foreign contribution or […]

    The Companies Act, Section 25

    November 1, 2012

    The Companies Act, 1956 25. Power to dispense with “Limited” in name of charitable or other company.— (1) Where it is proved to the satisfaction […]

    Income Tax Act

    November 1, 2012

    INDIA INCOME TAX ACT 1961 Section 10 Incomes not included in total income. (23C) any income received by any person on behalf of- (i) the […]

    The Societies Registration Act

    November 1, 2012

    1[1] THE SOCIETIES REGISTRATION ACT, 1860 (Act XXI of 1860) CONTENTS SECTIONS 1. Societies formed by memorandum of association and registration. 2. Memorandum of association. […]

    Foreign Contribution (Regulation) Act

    November 1, 2012

    India_IndiaForeignContribution.pdf

    Constitution, incorporating Amendments up to and Including the Constitution (92nd Amendment) Act

    December 1, 2011

    This document has been provided by the International Center for Not-for-Profit Law (ICNL). ICNL is the leading source for information on th e legal environment […]

    National Policy on the Voluntary Sector

    December 1, 2011

    This document has been provided by the International Center for Not-for-Profit Law (ICNL). ICNL is the leading source for information on th e legal environment […]

    Societies Registration Act

    December 1, 2011

    This document has been provided by the International Center for Not-for-Profit Law (ICNL). ICNL is the leading source for information on th e legal environment […]

    Company Law

    December 1, 2011

    This document has been provided by the International Center for Not-for-Profit Law (ICNL). ICNL is the leading source for information on th e legal environment […]

    Foreign Contribution Regulation Act

    December 1, 2011

    This document has been provided by the International Center for Not-for-Profit Law (ICNL). ICNL is the leading source for information on th e legal environment […]

    Implications of the Proposed Income Tax Bill

    December 1, 2011

    This document has been provided by the International Center for Not-for-Profit Law (ICNL). ICNL is the leading source for information on th e legal environment […]

    Introduction to the Constitution of India

    December 1, 2011

    This document has been provided by the International Center for Not-for-Profit Law (ICNL). ICNL is the leading source for information on th e legal environment […]

    Management of Finances in NPO

    December 1, 2011

    This document has been provided by the International Center for Not-for-Profit Law (ICNL). ICNL is the leading source for information on th e legal environment […]

    Voluntary Organizations Report

    December 1, 2011

    This document has been provided by the International Center for Not-for-Profit Law (ICNL). ICNL is the leading source for information on th e legal environment […]

    Tamil Nadu Societies Registration Act

    December 1, 2011

    This document has been provided by the International Center for Not-for-Profit Law (ICNL). ICNL is the leading source for information on th e legal environment […]

    Non-Governmental Organizations: An Indian Perspective

    December 1, 2011

    This document has been provided by the International Center for Not-for-Profit Law (ICNL). ICNL is the leading source for information on th e legal environment […]

    Country Report from Laws, Rules, and Regulations for the Voluntary Sector

    December 1, 2011

    This document has been provided by the International Center for Not-for-Profit Law (ICNL). ICNL is the leading source for information on th e legal environment […]

    Laws and Regulations for the Voluntary Sector in South Asia: The India Scenario

    December 1, 2011

    This document has been provided by the International Center for Not-for-Profit Law (ICNL). ICNL is the leading source for information on th e legal environment […]

    Report to Review and Simplify Procedures for Processing Proposals for Grants-in-Aid to Voluntary Agencies

    December 1, 2011

    This document has been provided by the International Center for Not-for-Profit Law (ICNL). ICNL is the leading source for information on th e legal environment […]

    Tax Law

    December 1, 2011

    This document has been provided by the International Center for Not-for-Profit Law (ICNL). ICNL is the leading source for information on th e legal environment […]

    The Treatment of Non-Governmental Organizationss in the SAARC Region: Summary and Basis for Discussion

    December 1, 2011

    This document has been provided by the International Center for Not-for-Profit Law (ICNL). ICNL is the leading source for information on th e legal environment […]

    Trusts Act

    December 1, 2011

    This document has been provided by the International Center for Not-for-Profit Law (ICNL). ICNL is the leading source for information on th e legal environment […]

    “When We Raise the Issue of the Corruption of Local Authorities, It’s the Rebels Who Descend on Us”

    June 1, 2011

    The International Journal of Not-for-Profit Law Volume 13, Issue 3, June 2011 Frank van Lierde* Lawyer and activist Babloo Loitongbam, founder and director of Human […]

    Friend not Foe: Opening Spaces for Civil Society Engagement to Prevent Violent Extremism

    May 1, 2011

    In the name of fighting terrorism, governments have curtailed political freedoms and imposed restrictive measures against human rights defenders and civil society activists in many countries.

    An analysis of India’s FCRA Bill 2010

    September 13, 2010

    Noshir Dadrawala, the Chief Executive at the Centre for Advancement of Philanthropy in Mumbai, India, has provided the following analysis of India's Foreign Contribution (Regulation) Bill 2010.

    Update on Foreign Contribution Management and Control Bill in India

    December 21, 2006

    In November 2006, the Union Cabinet approved the revised Foreign Contribution Management and Control (FCMC) Bill that seeks to regulate NGOs and other organizations which receive foreign funding.

    Philanthropy and Law in South Asia: Key Themes and Key Choices

    February 1, 2005

    The International Journal of Not-for-Profit Law Volume 7, Issue 2, February 2005 By Mark Sidel and Iftekhar Zaman* Philanthropy and Law in South Asia – […]

    Does Civil Society Matter?: Governance in Contemporary India

    February 1, 2005

    The International Journal of Not-for-Profit Law Volume 7, Issue 2, February 2005 Edited by Rajesh Tandon & Ranjita Mohanty Reviewed by Bindu Sharma* [E]ven in […]

    Does Civil Society Matter? Governance in Contemporary India

    February 1, 2004

      The International Journal of Not-for-Profit Law Volume 6, Issue 2, February 2004 Edited by Rajesh Tandon and Ranjita Mohanty The book opens with an […]

    Country Reports: South Asia

    September 1, 2002

    The International Journal of Not-for-Profit Law Volume 5, Issue 1, September 2002 Afghanistan Afghanistan Initiating Civil Society Law Reform Effort by ICNL Staff* Current Legal […]

    Country Reports: South Asia

    June 1, 2002

    The International Journal of Not-for-Profit Law Volume 4, Issue 4, June 2002 India Implications of Finance Act 2002 for Charitable Organizations in India, by Noshir […]

    Country Reports: South Asia

    March 1, 2002

    The International Journal of Not-for-Profit Law Volume 4, Issue 2-3, March 2002 India Some Effects of the New Budget Bill By AccountAid India* Many NPOs […]

    Country Reports: South Asia

    September 1, 2001

    The International Journal of Not-for-Profit Law Volume 4, Issue 1, September 2001 India Tax Law Changes for Indian NGOs By Noshir Dadrawala* Various changes have […]

    Country Reports: South Asia

    March 1, 2001

    The International Journal of Not-for-Profit Law Volume 3, Issue 3, March 2001 India First Report of the Task Force on Laws Relating to the Voluntary […]

    Country Reports: South Asia

    December 1, 2000

    The International Journal of Not-for-Profit Law Volume 3, Issue 2, December 2000 India I) Ministry of Home Affairs Relaxes F.C.R.A. for Earth Quake Relief Work […]

    Country Reports: South Asia

    September 1, 2000

    The International Journal of Not-for-Profit Law Volume 3, Issue 1, September 2000 India The Need for Innovation, Skill and Persistence Report On The Two Days’ […]

    Case Notes: South Asia

    June 1, 2000

    The International Journal of Not-for-Profit Law Volume 2, Issue 4, June 2000 India Payout Requirement Under Indian Tax Law Indian tax law requires charities to […]

    Country Reports: South Asia

    June 1, 2000

    The International Journal of Not-for-Profit Law Volume 2, Issue 4, June 2000 India The procedure for obtaining approval as a scientific research association, contributions to […]

    Case Notes: South Asia

    March 1, 2000

    The International Journal of Not-for-Profit Law Volume 2, Issue 3, March 2000 India CIT v 21st Society of Immaculate Conception [2000] 241 ITR 193 This […]

    Country Reports: South Asia

    March 1, 2000

    The International Journal of Not-for-Profit Law Volume 2, Issue 3, March 2000 India The procedure for obtaining approval as a scientific research association, contributions to […]

    Case Notes: South Asia

    December 1, 1999

    The International Journal of Not-for-Profit Law Volume 2, Issue 2, December 1999 India Kirti Chand Tarawati Charitable Trust v. Director of Income Tax [1999] 105 […]

    Country Reports: South Asia

    December 1, 1999

    The International Journal of Not-for-Profit Law Volume 2, Issue 2, December 1999 India The procedure for obtaining approval as a scientific research association, contributions to […]

    India: CIT v Sri Gujarathi Manda | CIT v Nagi Reddi Charity

    March 1, 1999

    The International Journal of Not-for-Profit Law Volume 1, Issue 3, March 1999 The High Court of Madras has held that, where a trust was established […]

    Country Reports: Asia Pacific

    December 1, 1998

    The International Journal of Not-for-Profit Law Volume 1, Issue 2, December 1998 Regional CIVICUS Asia-Pacific Regional Assembly CIVICUS held its second Asia-Pacific Regional Assembly in […]

    Trustees of Sahebzadi Oalia Kulsum Trust v Controller of Estate Duty [1998] 233 ITR 434

    December 1, 1998

    The International Journal of Not-for-Profit Law Volume 1, Issue 2, December 1998 The Supreme Court of India has held in the case of Trustees of […]

    Gaudiya Mission v. Kamalaksha DAS Brahmachary

    December 1, 1998

    The International Journal of Not-for-Profit Law Volume 1, Issue 2, December 1998 The case of Gaudiya Mission v. Kamalaksha DAS Brahmachary, decided by the Court […]

    Country Reports: Asia Pacific

    September 1, 1998

    The International Journal of Not-for-Profit Law Volume 1, Issue 1, September 1998 Region; Australia; China; India; Pakistan REGIONAL REPORT IJNL wishes to announce the publication […]