Committee for Co-operatives and NPO Sectors CA Vijay Kumar Garg Chairman Committee for Co-Operatives and NPO Sectors, ICAI Vijay Kumar Garg1.

Committee for Co-operatives and NPO Sectors

CA Vijay Kumar GargChairman

Committee for Co-Operatives and NPO Sectors, ICAI

Vijay Kumar Garg 1

Vijay Kumar Garg 2

OVERVIEWCo-operative

and NPO Sector

ABOUT THE COMMITTEE:Non –standing committee of ICAI, came in force during the year 2011-12.

The main focus/terms of reference of the committee are (Highlights) :

-Suggest suitable REFORMS IN STATUS-Co-operative and NPO sector

- Promote UNIFORM ACCOUNTING framework- Cooperative and NPO-To promote state vise AUDITORS

EMPANELMENT and interaction with the concerned authority

-To promote GOOD GOVERNANCE, best practice and prudent financial management in co- operative and NPO sector

-To promote SOCAIL AUDIT concept

Cont…

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-AWARENESS program for all stakeholders-To provide TECHNICAL and GOVERNANCE

INPUT training/workshops/publications-AWARD/RECOGNITION for CSR- initiative by NPO/Cooperatives/ Corporate- SUPPORT to State/Central

Government/Corporation- in this sector-Develop necessary technical GUIDES and PUBLICATIONS- Develop KNOWLEDGE PORTAL- Help the government in MONITORING

financial discipline-SUGGESTIONS/ Recommendations on issues

related- FCRA-To conduct CERTIFICATION COURSES on

regulatory and accounting aspects

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• To develop necessary technical guides and publications for the benefit of Co-operative banks, Co-thrifts and credit societies and other Co-operatives as a national movement.

• To develop a knowledge portal providing information regarding subsidies and other support received by the NPOs from the State and the Central Government and to promote various government initiatives to implement social welfare schemes of the NPO Sector and facilitate sharing of knowledge regarding Governance, legal compliance and best practices in financial management.

• To help the government in monitoring financial discipline in the NPO sector by prescribing transparent guidelines and procedures including documentation and evidence of actual work done and to advise the government on limitations to be imposed on administrative and other expenditures of the NPOs specially those incurred out of government grants.

• To suggest recommendation on issues related to the Foreign Contributions Regulation Act, 2010, Rules , regulations and guidelines framed there under and any other laws affecting this sector with a view to ensure smooth flow of funds on one hand and national security and national interest on the other.

TERMS OF REFERENCE (Detailed): 1

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TERMS OF REFERENCE (Detailed): Cont..• To suggest suitable reforms in the statutes regarding

Co-operatives and NPOs. • To promote uniform accounting framework for Co-

operatives and NPOs. • To formulate guidelines for state vise auditors

empanelment to interact with the concerned authorities.

• To promote good governance, best practices and prudent financial management in the Co-operatives and NPO sectors/ mutually aided Co-operative Societies [MACS]/ Self help groups/clusters and federations.

• To promote social audit concept in the NPO and Co-operative Sectors and conduct awareness programs for the benefit of the stakeholders.

• To provide technical and governance inputs through training, workshops, resource materials, publications to the management personnel and members of Governance of Co-operatives and NPO Sectors.

• To constitute an award/recognition for corporate social responsibility initiative by any NPO/Co-operatives/ Corporates.

• To support the initiatives of the State and Central government and corporations in this sector.

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Co-operative Societies:A)Co-operative societies Act

1912B)Multistate Co-operative

Societies Act 2002C)State Co-operative Societies

Act……………(Rajasthan 2001)D)NABARD Act 1981E)Mutually Aided Cooperative

Societies Act (MACS)

Cont……..

Statues Governing Cooperatives and NPO:

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B)NPO:a) The Societies Registration Act 1860-

Centralb) State vise societies registration

act…………..(In Rajasthan 1958)c)State vise public trust

act……………………..(In Rajasthan 1959)d)Companies registered under section

25 , Companies Act 1956e)Religious Endowment Act 1863f) The Charitable and Religious Act 1920g)Any Board/Corporation/Commission

formed by State/Central Government by Separate Act/Non trading Corporation (i.e. KVIC, Khadi Board, CAPART, Food Corporation, OBC Commission, Social Welfare Board,

Housing Board etc.)Note: Indian Trust Act 1882, (Preamble

of this act says that it is act for private trust and its trustees)

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COOPERATIVE SOCIETY Vs SOCIETY?

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Co-operative Society Vs Society:

Cooperative Society:Basic Principles- 1) Voluntary and Open Membership

2) Democratic member Control3) Member Economic Participation4) Autonomy and Independence5) Education, Training and Information6) Co-operation among Co-operatives

Society/NPO:Basic Principle- 1) Voluntary and Open membership

2) Democratic member Control3) No Profit Object4) Autonomy and independence5) For social/charitable purpose6) Service to the society at large

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IMPORTANT FACTS ABOUT COOPERATIVE AND NPO SECTOR IN INDIA:

•Year 2012, has been declared as International Year of Cooperatives by United Nations of States. (Launched on 31st Oct, 2011) •In India, Cooperative and NPO is the third largest sector of the economy.• Form birth till death, Cooperative/NPO sector affects each and every part of our life. It is present in our routine and day to day life.•There are more than 10 Lacs NPO in the India•NPOs employ more than 25 million persons on paid and volunteer basis• 10 States cover more than 80% of the society i.e. Maharashtra, Andhra Pradesh, UP, Kerala, Karnataka, Gujrat, WB, Tamilnadu, Orrisa and Rajasthan• Following are the facts from Annual Report 2009-10, FCRA, Ministry of Home Affairs :

a) A total of 38436 associations have been registered under FCRA Act 2010 upto 31/03/2010.

b) 21508 Associations reported a total receipt of Rs. 10337.59 Crore as foreign contribution.

c) TRENDS OVER LAST 10 YEARS:

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TRENDS OVER LAST 10 YEARS YEAR:

YEAR No. of Registered Associations (As on 31st march of financial year)

No. of Reporting Associations

Amount of Foreign Contribution (Rs. in Crores)

1999-2000 21244 13986 3924.63

2000-2001 22924 14598 4535.23

2001-2002 24563 15598 4870.52

2002-2003 26404 16590 5046.51

2003-2004 28351 17145 5105.46

2004-2005 30321 18540 6256.68

2005-2006 32144 18570 7877.57

2006-2007 33937 18996 11007.43

2007-2008 34803 18796 9663.46

2008-2009 36414 20088 10802.67

2009-2010 38436 21508 10337.59

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New Trends: Corporate Social Responsibility•It is organization's responsibility in the favor

of society, employees and environment .

•Big corporate houses and Celebrities at National and International level have created large funds and are organizing and promoting social events in the filed of Education, Health, Poverty, Food, Woman etc.

•There are many companies , which are participating in various programs for the welfare of society:1)Microsoft: World Food Program, Save the Children etc.2)SAP: Research, school, education3)WIPRO, TATA, BPL, Infosys, Amul, Reliance at national and international level are running various social programs for Health, Education, Poverty, Food etc.

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Professional Opportunities

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Consultancy/Advisory:Consultancy/Formation of Cooperative Society and NPOAdvisory on various domestic grants/subsidies/government schemesAdvisory on various international grants/ subsidies/schemesAccounts Consultancy Project Consultancy

Audits:Statutory Audit under various statues- (Registered under relevant act)Internal AuditAudit U/s 12A(b) of the Income Tax Act

(If total income>Basis exemption limit)Audit under Foreign Contribution (Regulation) Act,2010

(As per Rule 17(1) of the Foreign Contribution Rules 2010). Audit on behalf of Donors and Funding Agencies

Cont……

Professional Opportunities:

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Others:Reviewer of the financial management systemTrainers and resource personsFinancial Managers and CFOs Team Member of Senior Management and CEOs Member in Board or in governing bodies

Professional Opportunities:

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SCOPE FOR CHARTERED ACCOUNTANTS: Cont.. Consultancy:Professional Consultancy :The auditor has great opportunities to advise the organisation regarding review of financial statements, application of income, accumulation of income, investments of funds, filing application for accumulation and such other requirements to obtain the necessary exemption under the Income-tax Act 1961.

Audits:Audit under various statues: NGO s has to get its accounts audited by Chartered Accountants as per their statues under which they are registered.

Audit U/s 12A(b) of the Income Tax Act: As per section 12A(b) of the Income Tax Act 1961,When the total income of the organisation(NGO, Cooperative Society etc.) exceeds the basic exemption limit in any previous year, the accounts of the organisation have to be compulsorily audited.

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SCOPE FOR CHARTERED ACCOUNTANTS: Cont. 2 Audit under Foreign Contribution (Regulation) Act,2010:Every organisation in receipt of foreign contribution must get its accounts audited by a Chartered Accountant under Rule 17(1) of the Foreign Contribution Rules 2010. In the case of a registered organisation, audit is compulsory even though no funds are received during the year.

Audit on behalf of Donors and Funding Agencies: Most donors require an audit report so as to ensure that project has been implemented as per the agreement.

Others:Employment Opportunities: Large NPOs employ and trained qualified accountants and Finance Managers on a regular basis on attractive pay packages.Chartered Accountants are also doing good work as CFOs and Finance Managers in many medium and large NPOs.

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SCOPE FOR CHARTERED ACCOUNTANTS: 3 Member in Governing Board of NPO/NGO: Chartered Accountants are financial experts , hence they could be appointed in the Boards, Governing Bodies and Committees of NPO sector organisations.

Advocacy/Lobbying for Accounting Standards, Laws etc: The sector faces many challenges due to new laws, rules and regulations. There is a great need to lobby with the respective authority or the Government Agency to amend the respective legislation or the regulation.

Member of Advisory Board: There is a good scope for Chartered Accountants to become members of these Advisory Board like Finance Advisory Committee and play a useful role.

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ACTION PLAN FOR THE YEAR

2012-13

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ACTION PLAN FOR THE YEAR 2012-13: Cont…• Collect and consolidate data of multi-state cooperative societies working in India at state/central level.

• Coordinate with Ministers/Registrars/ concerned IAS officers in different states of India.

• Coordinate with the various government department of the concerned ministries working in the area of Cooperatives and NPO Sector.

• Define scope for Chartered Accountants in Cooperative and NPO sector and issue publication .

Cont…

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ACTION PLAN FOR THE YEAR 2012-13: Cont…1

•Release Internal Audit manual for Cooperatives and NPO.

• Make available details of foreign funding agencies.

• Release Quick Insight relating to all features of Cooperatives, NPO and NGO.

• Award and Recognition Function.

•Organize Conclave of Banks, Educational Institutions, Social work institution, Foreign Funding Institution, Production and Marketing Societies, Government NPO, Multi State Societies u/s 25 Companies, FCRA , 35AC, Milk Society, UNICEF , World Bank / Government etc.

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ACTION PLAN FOR THE YEAR 2012-13: 2

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•Publications related to Cooperative and NPO Sector :-Guidance Note on Audit of Public Charitable Institutions under Income Tax Act 1961 (2007)-Technical Guide on Accounting & Auditing in Not-for profit Organizations/Non- Governmental Organizations (2009)-Taxations of Charitable Trusts and Institutions (2009)-Code of Governance for NGOs (2009)-A study on Foreign Contribution Regulation Act- 1976, An analysis, Commentary and Review (2010)

-Applicable Accounting Standard ????- Applicable Auditing Standard ???- New publication with Internal Audit Standard Board???

ACTION PLAN FOR THE YEAR 2012-13: 3

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COOPERATIVE SECTOR

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-After independence 1947- India- welfare state

-Help of people in education/health/social welfare and development

-Firstly started in agriculture and allied sectors.

-Merging resources of farmers for solving common problems

-The problems of rural indebtedness and the resultant conditions of farmers created an environment for the chit funds and cooperative societies.

HISTORY:

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Legislative History: Cont..

•Cooperative Credit Societies Act, 1904 - The First Incorporation As its name suggests, the Cooperative Credit Societies Act was restricted to credit cooperatives.

•Cooperative Societies Act, 1912

Under this Act, Urban cooperative banks converted themselves into Central Cooperative Banks with primary cooperatives and

individuals as their members.

•Multi-Unit Cooperative Societies Act, 1942 With the emergence of cooperatives having a membership from more than one state such as the Central Government sponsored salary earners credit societies, This act came in force.

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Legislative History: 1

•NABARD Act, 1981 The National Bank for Agriculture and Rural Development (NABARD) Act was passed in 1981 and NABARD was set up to provide re-finance support to Cooperative Banks and to provide resources of Commercial Banks and RegionalRural Banks to increase credit flow to the agriculture and rural sector.

•Multi-State Cooperative Societies Act, 1984 With the objective of introducing centralised legislation and to bring uniformity in administration and management, the MSCS Act of 1984 was enacted.

•Multi-State Cooperative Societies Act, 2002 Unlike the State Laws, which remained as a parallel legislation to co-exist with the earlier laws, the MSCS Act, 2002 replaced the earlier Act of 1984.

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Although all types of cooperative societies work on the same principle, they differ with regard to the nature of activities they perform. Followings are different types of co-operative societies that exist in our country.

Consumers’ Co-operatives

Producers’ Co-operative Society

Co-operative Marketing Society

Co-operative Farming society

Housing Co-operatives

Agricultural Co-operatives

Co-operative banks/Credit Society which may be further sub-classified as:

-Primary Urban Co-operative Banks.-Primary Agricultural Credit Societies.-District Central Co-operative Banks.-State Co-operative Banks.-Land Development Banks.

Others: Khadi Village and Cottage industryMilk

Types of Co-operatives:

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Sector vise Classification: Cont……Cooperative Society:

-GSS ( Gram Seva Sahkari Samiti)- CCB (Central Cooperative Bank)-Apex Bank- NABARD/Reserve Bank

(Purpose-short term/mid term loan to members)

- KVSS (Kray Vikray Sehkari Samiti)- RAJ FED- NAFED(Purpose- Trading by any person)

- PLDB (Primary Land Development Bank)-SLDB- NABARD(Purpose- Long term loans to members)

-UPHAR/SAMRIDHI/NAV JEEVAN/SHOWROOM- CONFED-NAFED(Purpose- Trading of consumer products by any person)

- Primary Bunkar Sangh-Apex Bunkar Sangh(Manufacturing/Trading by members)

-Karmchari Bachat And Sakh Sahkari Samiti

- Fisheries

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Non Profit Organizations

(NPO)

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HISTORY:

In the early 1970s a new breed of organizations emerged called ‘voluntary organizations.’

These organizations were started by people committed to the cause of the poor and the downtrodden.

In the late seventies and early eighties, such organisations multiplied and spread all over the country.

They started receiving both local and international donations for various programmes and activities.

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Abbreviations for Societies/NPO:

•NGO :- Non Government Organization•NPO :-Non Profit Organization•NFPO :-Not for profit Organization•VO s :-Voluntary Organization•VDO s :-Voluntary Development Organization•GONGOS :- Government Promoted NGO

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NPO:1) Education 2) Social 3) Medical 4) Legal5) Old Age 6) Orphanage7) For Women 8) For

Children9) For Tribal's 10) Environment11) Awareness 12) Khadi13)Village and Cottage Industry 14) Health15) Rural Development 16) Others

Sector vise Classification:

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NPOs working at National and International Level:

At National Level: (inclusive list)1)CAPART (various NGOs are currently run by this organization)2)NACO ( Various NGOs are run by this organization)3) SNGO4) Various NGOs run by Central Social Welfare Board, Department of Health & Family Welfare, Ministry of Social Justice & Empowerment etc.

At International Level: (inclusive list)1) Red cross2) Lions Club3) Rotary Club4) Lioness Club5) SMILE6) Help Age India7) Global Shikha

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Sources of funds of NPO:Self-generated funds, loans, grants and donations.

Funds from the Governments of other countries.

Numerous funding organisations who provide from their own funds. Funds raised from the public or their respective Governments.

The Government of India and the State Governments also provide large amounts of funds from the social sector allocation and make it available to the various organisations working in the NPO sector in India.

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Suggestions: Members are always welcome to give their valuable suggestions regarding development and enhancement of Cooperative and NPO sector in India.

•Members can give their suggestions at:

Committee’s Mail ID: [email protected] or

President’s mail ID: [email protected]

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THANK YOU….