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Report No. 191

Regulation of funds Collected for Calamity Relief

Regulation of funds Collected for Calamity Relief
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
Our Discussion
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
Responses to the Consultation Paper
Our Discussion
5.3 Registration as Authorised Person or Agency
Responses to Consultation Paper
In view of the above discussion, final recommendations of the Law Commission in regard to registration are as follows
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
Cypres Doctrine
5.7 Other powers, functions and duties of the Regulatory Authority and the Collector
5.8 Criminal and civil liability
Remedy under civil law
5.9 Penalties
5.10 Rule making powers of the Central Government
Chapter VI Summary of Recommendations
Summary of Recommendations
Final recommendations as to Registration: mandatory registration & other procedures

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