| Contents |
|
Regulation of funds Collected for Calamity Relief |
|
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 |
|
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 |
