Hindustan Times ST (Jaipur)

RBI takes CIC to Bombay high court over foreign donor list

- Maulik Vyas & Shayan Ghosh maulik.v@livemint.com

The Reserve Bank of India (RBI) has approached the Bombay high court against a Central Informatio­n Commission (CIC) order for the central bank to provide details of foreign donors placed by the ministry of home affairs on the Foreign Contributi­on (Regulation) Act (FCRA) watchlist.

The RBI is seeking a stay on the order passed by the CIC on June 28, 2018.

In its petition, the RBI said that the CIC has issued a show cause notice and directed it to disclose the informatio­n to a Right to Informatio­n (RTI) applicatio­n that had been rejected by the central bank earlier.

The central bank said that it cannot disclose the informatio­n because it receives it from the ministry of home affairs as a confidenti­al document. “Respondent No 3 (Ministry of Home Affairs) has always considered informatio­n pertaining to the Prior Reference Category (PRC) to be sensitive and confidenti­al, and asked RBI not to disclose the same or any part thereof,” it added.

According to FCRA guidelines, renewal of registrati­on for receiving foreign funds cannot be granted unless the organizati­on uploads its annual returns on the FCRA website.

More than 20,000 NGOs are registered under FCRA.

The genesis of the dispute lies

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in an applicatio­n filed by an RTI activist, Ajay Gupta, seeking informatio­n of these donations and lists from the RBI. Gupta is respondent no 2 in the case.

However, the central bank had refused to give any such informatio­n, prompting Gupta to approach the CIC, appealing against the RBI. The CIC then issued a show cause notice to the central bank, asking it to disclose the details.

The RTI had sought an updated list of all foreign sources including donors and donor agencies that have been identified by the ministry of home affairs and placed on its watchlist with the effect that any payment or foreign contributi­on by the donor and donor agency shall not be credited by the receiving banks into the accounts of beneficiar­ies/recipients except with the prior permission of the ministry of home affairs.

On June 30, 2017, the home ministry directed 3,768 NGOs across the country to validate their foreign contributi­on designated accounts with banks, saying failure to so would invite penalty. “The impugned (CIC) order and the show cause notice passed by the Respondent No 1 (CIC) are ex-facie illegal, arbitrary and unsustaina­ble in law,” said the RBI in its plea. “There is no provision in FCRA, 2010 which require RBI to maintain an updated list of such foreign contributi­on and Respondent No 3 has also not given any instructio­ns to RBI, in an exercise of its powers under FCRA, 2010, to maintain an updated list of such foreign contributo­rs,” the petition argued.

The Reserve Bank of India (RBI) on Thursday relaxed rules for non-banking financial companies (NBFCs) to sell or securitize their loan books, in a bid to ease persistent stress in the sector. NBFCs can now securitize loans of more than five-year maturity after holding those for six months on their books, the RBI said.

Earlier, they had to hold these assets for at least one year, a banker said.

However, the relaxation on the minimum holding period will be allowed when the NBFC retains 20% of the book value of these loans, the RBI said.

India’s NBFCs, loosely known as shadow banks, are facing stress on their balance sheets after a debt crisis hit a large infrastruc­ture funding company in September, triggering panic amongst investors and a cash crunch in the sector. Following the massive volatility in the financial markets, the RBI and the government have taken steps to ring fence the crisis.

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 ?? MINT ?? The RBI is seeking a stay on the order passed by the CIC on June 28, 2018
MINT The RBI is seeking a stay on the order passed by the CIC on June 28, 2018

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