Framing of law to regulate NGOS under process
NEW DELHI: The Centre on Thursday told the Supreme Court that it was in the process of taking a final policy decision, including the framing of a law to regulate the activities of NGOS across the country.
A bench comprising Chief Justice J S Khehar and Justice D Y Chandrachud considered the statement of Additional Solicitor General Tushar Mehta, appearing for Centre, and adjourned the matter for further hearing on August 21.
The bench said that in all probability, the Centre was going to come out with a legislation on the issue.
The ASG sought some more time to apprise the court about the possible step to be taken by the government to regulate activities of the NGOS.
The court was hearing a PIL filed by lawyer M L Sharma, in his personal capacity, seeking to regulate activities of the NGOS including financial ones.
Earlier, the apex court had asked central government body CAPART to apprise it about the steps taken in pursuance to its direction to consider making a law to regulate the NGOS, disbursal of funds and consequential proceedings against them.
It had sought an affidavit from the Council for Advancement of People’s Action and Rural Technology (CAPART) on action taken in its April 26 order, suggesting that the Centre should consider prosecuting NGOS or voluntary organisations if they were found misusing public funds.
The apex court had in its April 26 order asked the Centre to examine enacting a law to regulate disbursal of public funds to over 32 lakh NGOS and voluntary organisations (VOS) and prosecute them in a case of misuse or misappropriation.
The court had suggested to the Centre that it can legislate under Entry 97 of the Seventh Schedule of the Constitution which provides the list of issues on which the Centre or states or both can make laws to regulate NGOS.
Favouring a fresh all-encompassing law, the court had said if the government “desires to extend statutory status to regulations, then they would not only provide for enforceable consequences but also envisage civil and criminal action as may be considered by the legislation”.