Contents |
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Regulation of funds Collected for Calamity Relief |
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Index |
Chapter 1 |
Introduction |
1.1 |
The Reference |
1.2 |
Assistance by the Individuals, Other organizations, International bodies for providing relief and rehabilitation to the victims of calamity/war or war like situation |
1.3 |
Categories of Donors and Collection Agencies |
1.4 |
Contribution from Foreign Source |
1.5 |
Misuse, misappropriation, mismanagement and diversion of donations and contributions |
1.6 |
Donations collected for victims of Kargil conflict and Gujarat earthquake |
1.7 |
Reference to the Law Commission |
1.8 |
Law Commission's Consultation paper |
1.9 |
Present Report |
Chapter II |
Collection of Contributions - is in trust |
2.1 |
Legal status of contributions |
2.2 |
Indian Trust Act, 1882 |
2.3 |
Trust - its meaning under the general law |
2.4 |
Purpose of Trusteeship |
2.5 |
Concept of Trust in collection of contribution |
2.6 |
Obligations and duties of persons and agencies who collect contribution |
2.7 |
Violation of obligations by trustee amounts to breach of trust: civil action |
2.8 |
Special legislations relating to trusts |
2.9 |
Existing special legislations do not specifically cover the present issue |
Chapter III |
Need to have a special law relating to contributions made in the context of calamities |
3.1 |
Need for comprehensive law on calamity collections and prevention of misappropriation thereof |
3.2 |
The High Powered Committee Recommendation |
3.3 |
Need for separate law on prevention of misappropriation of collections and speedier remedies |
3.4 |
Law Commission's view in the Consultation Paper |
3.5 |
Responses to the Consultation Paper |
3.6 |
Conclusions |
Chapter IV |
Proposed Enactment - Legislative Power, its Extent, Commencement and Scope |
4.1,2 |
Proposed Enactment - Legislative Power, its Extent, Commencement and Scope |
4.3 |
Legislative Power of Parliament to enact law on the subject |
4.4 |
erritorial extent of the proposed law |
4.5 |
Operation of the proposed law- prospective or retrospective |
4.6 |
Scope of the proposed law - whether contributions received by the Government to any fund should also be brought into purview of the enactment |
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Our Discussion |
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Final view of the Law Commission |
Chapter V |
Salient Features of Proposed Law |
5.1 |
Salient Features of Proposed Law |
5.2 |
Establishment of Regulatory Authority |
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Responses to the Consultation Paper |
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Our Discussion |
5.3 |
Registration as Authorised Person or Agency |
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Responses to Consultation Paper |
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In view of the above discussion, final recommendations of the Law Commission in regard to registration are as follows |
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Suspension or Cancellation of Registration |
5.4 |
No collections to be made without passing receipts |
5.5 |
Maintenance of proper accounts |
5.6 |
Other duties of authorised person or agency |
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Cypres Doctrine |
5.7 |
Other powers, functions and duties of the Regulatory Authority and the Collector |
5.8 |
Criminal and civil liability |
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Remedy under civil law |
5.9 |
Penalties |
5.10 |
Rule making powers of the Central Government |
Chapter VI |
Summary of Recommendations |
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Summary of Recommendations |
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Final recommendations as to Registration: mandatory registration & other procedures |