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Organized and regulated social service


M S Siddiqui Part Time Teacher, Leading University Pursuing PhD in Open University, Malaysia e-mail: shah@banglachemical.com Government is pledged bound for welfare of citizen and all of their activities are mean for welfare of common citizen. Government has a workforce in the administration popularly know as bureaucracy. The administration has certain advantages, disadvantages and limitations. They are unable to reach really deserving common people. Government has financial constrain and efficiency bar. They have lack of commitment and determination to achieve certain goal. The commitments, vision and mission to work for others with out any return is believe to be best alternate to work for the common people. The legacy of welfare and development initiatives has predisposed traditional organizations to believe that disadvantaged populations can be included in mainstream development by providing key inputs in areas of health, education and micro credit etc. The micro credit to the un-accessible poorest of the poor are wide acclaimed method of banking in the recent history. The practices of giving service to others without expecting any return and helping the distressed are crucial and commitment come from voluntary and religious dimensions. Philanthropy is not a new issue in Bangladesh. It is rooted in custom, tradition and religion. Initially, religious laws and customs governed private charitable and philanthropic activities. Religion has traditionally been one of the principal factors that motivated individuals to undertake philanthropic work in any society. Religious endowments were thus made not only in the hope of living a good life on earth but in order to ensure a heavenly existence in the life hereafter. People in the predominantly Muslim society of Bangladesh have long assisted the less fortunate through financial contributions such as zakat, sadqa and fitra. These religious contribution needed was an institutional basis to charity. With the passage of time, the spirit and the practice of giving to others has not changed, but the mechanism of providing services to people without profit has undergone transformation. The concept of philanthropy in Bangladesh is rooted in custom, tradition and religion and influenced by an amalgam of cultures derived from Hinduism, Buddhism, Christianity and Islam. Thus changing social structures and the resultant shifts in beliefs, customs and practices of voluntary activities. History has long details how kings and zamindars established mosques, temples, schools and hospital and donated great amounts of money towards charity in the hope of acquiring name, fame and eternal bliss. The spirit of doing for collective good also prevailed among social leaders and philanthropists, who worked together to assist people in crises like epidemics, famines, floods and cyclones. As natural calamities were a regular feature of this part of the globe, recourse to community support was an inevitable choice for the general populace. Colonial rule in the South Asian subcontinent influenced philanthropic activities considerably. Christian missionaries engaged in philanthropic work across the region, often choosing remote and impoverished communities to establish hospitals, schools and orphanages and associations. Therefore, what started out as a purely humanitarian effort has evolved into concrete mechanisms for providing services to the public. The societies, trusts, clubs, associations, foundations and other entities were established with the primary objective of rendering social services in a organized manner.

The sustainability of these institutions largely depends on availability of funds and the manner in which the funds are managed. These are operated within a regulatory framework regulated by government, foreign donors, domestic donors, or generation of surplus through their activities for financial sustainability. The foreign donors are gradually shifting the responsibility of their fund from government agencies to Non government organization (NGO) and private individuals due to reportedly proper utilization and achieve their goal. The advent of donor-aided NGOs is another dimension of donation for the cause of common people. NGOs has institutionalized the pattern of philanthropic activities and modernization of society mostly funds available from foreign donors and other sources. Nonprofit organizations in Bangladesh are mainly formed under four Acts: the Societies Registration Act (1860); the Trusts Act (1882); the Voluntary Social Welfare Agencies (Registration and Control) Ordinance (1961) and the Companies Act (1994). There are two sets of laws in Bangladesh that pertain to nonprofit organizations - one setting out the parameters of legal status and legal obligations and the other setting out the regulatory measures under which such organizations must operate. The activities of nonprofit organizations and their funding status are regulated under the Voluntary Social Welfare Agencies (Registration and Control) Ordinance (1961); the Foreign Donations (Voluntary Activities) Regulation Ordinance 1978 (as amended in 1982); and the Foreign Contributions (Regulation) Ordinance 1982. There are also legislated or regulate religious laws pertaining to the registration and activities of religious philanthropic and charitable institutions. For example, the Waqfs Ordinance (1962) was established for the registration and regulation of Muslim trusts. There are in flow of foreign funds to many organization including NGOs. It is not mandatory that nonprofit organizations make public their activities, decisions and accounts. And unless there is a complaint or dispute or a specific legal requirement, there is no general provision for government inspection. The government may, at any time, inspect the accounts and other documents of nonprofit organizations receiving foreign funds under the Foreign Donations (Voluntary Activities) Regulation Ordinance 1978. Most nonprofit organizations have their own means of regulating their affairs, the terms of which are included in their individual constitutions or articles of association. Now-a-days, the NGOs are in business namely social business and having successful ventures. The commercial activities of the NGOs and their profit is under debate. There is demand for introduction of regular tax on their social business. Nonprofit organizations are generally established on the basis of certain purposes and objectives. While some of these purposes may be quite specific in terms of meaning and application, there are others that are wider in scope. It follows therefore, that organizations form themselves under particular laws that accommodate the purposes to serve. There are many types of Service organizations like society, trust, wakfo, Non-profit Company and service club like Rotary and Lions clubs etc. A society has a separate legal identity as a body corporate with perpetual succession and operates for pecuniary gain. Pecuniary gain is making a profit with the intention of passing this profit on to some or all of the members of the society. A society to be registered under the Societies Registration Act of 1860 it is essential that it must be an established for charitable purposes. A foundation is a nonprofit organization which is usually created via a single primary donation from an individual or a business and whose funds and programs are managed by its own trustees or directors. As such, rather than funding its ongoing operations through periodic donations, a private foundation generates income by investing its initial donation, often disbursing the bulk of its investment income each year to desired charitable activities.

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A trust is an obligation binding a person, the trustee to deal with property in a particular way for the benefit of another person or class of persons whose interests are protected by the equitable jurisdiction of the courts. In general, a trust is a relationship in which one person holds title to property, subject to an obligation to keep or use the property for the benefit of another. trust is also attributable to relationships within and between social groups like families, friends, communities, organizations, companies, nations etc. It is a popular approach to frame the dynamics of inter-group and intra-group interactions in terms of trust. The Trusts Act 1882 provides legal cover for private acts of public charity and affords creators or authors considerable flexibility in the operation of the trust. A trust may be set up for public welfare, naming several trustees who will administer the trust in conformity with the trust instrument. some trust property, whether in cash, assets, land or buildings; and that the beneficiaries must be the public at large or some section of it. A waqf may be created for pious, religious and charitable purposes. No transfer may be made by a mutawalli of any immoveable property of a waqf by way of sale, gift, mortgage or exchange or by way of lease exceeding five years without the previous sanction of the Administrator of Waqfs. A waqf is an inalienable religious endowment in Islam, typically denoting a building or plot of land for Muslim religious or charitable purposes. It is conceptually similar to the common law trust. In Muslim law, it is a permanent endowment or trust, usually of real estate, in which the proceeds are spent for purposes designated by the benefactor. In Islamic terms, waqf refers to a religious endowment i.e. a voluntary and irrevocable dedication of one's wealth or a portion of it - in cash or kind such as a house or land property, and its disbursement for shariah compliant projects such as mosques or religious schools. Waqf is a permanent donation. Once a waqf is created, it can never be donated as a gift, inherited, or sold. Disbursement of its returns is done in accordance with the endower's wishes . Charity is Islamic concept of alms-giving Sadaqah, a voluntary act of giving alms. Sadaqah may be given to mark or bring blessings to occasions such as weddings, anniversaries, personal success or even instances of sadness or bereavement. In order for a voluntary social welfare agency to be established under the Voluntary Social Welfare Agencies (Registration and Control) Ordinance 1961 it must be established for the purpose of rendering social services. Social services are defined by the act to include child welfare; youth welfare; womens welfare; welfare of the physically and mentally handicapped; family planning; recreational programs intended to keep people away from anti-social activities; social education; education aimed at developing civic responsibility; welfare and rehabilitation of released prisoners, juvenile delinquents, socially handicapped, beggars and destitute; welfare of the aged and the infirm; training in social work; and coordination of social welfare agencies. The ordinance was promulgated specifically to provide for the registration and control of voluntary social welfare agencies that depend on public subscriptions, donations or government aid. An association may be incorporated as a nonprofit company with limited liability of the Companies Act provided it is formed to advance commerce, arts, science, religion, charity or any other useful object; it uses its income in promoting its objects; and it prohibits the payment of any dividend to its members. The government may in issuing the license direct that the association be registered as a company with limited liability, without adding the word limited to its name. The license may be granted subject to such conditions and restrictions that the government may deem fit and shall be binding on the association.

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A service club or service organization is a voluntary non-profit organization where members meet regularly to perform charitable works either by direct hands-on efforts or by raising money for other organizations. A service club is defined first by its service mission. Second its membership benefits, such as social occasions, networking, and personal growth opportunities encourage involvement.[1] A service organization is not necessarily exclusive of ideological motives, although organizations with such defined motives are more likely to identify themselves through their association. Much like the historical religious organizations formed the basis for many of societal institutions, such as hospitals, service organizations perform many essential services for their community and other worthy causes. Historically, most service clubs consist of community-based groups that share the same name, goals, membership requirements, and meeting structure. Many of these clubs meet weekly, biweekly, or monthly on a recurring established day and time, commonly at a mealtime. Most of these clubs started with a single club in a single city, but then replicated themselves by organizing similar clubs in other communities. Many of the service club organizations have become worldwide movements. Rotary and Lions clubs are remarkable service clubs, and have obtained official recognition by the United Nations and various governments as non-government organizations. These service clubs have remarkable contribution in certain service sectors. Rotary club has invested around US$5 lacs. Rotary has donated about Tk1,148 crors for immunization program. The program conducted by government and the fund channalizes through UNICEF to Bangladesh government. and Tk 6,300 crores through out the world to eradicate Polio from the world. The Eye camps for free treatment is one of the landmark social work of Lions club. These contribution of individuals from home and abroad a source of income of many people in Bangladesh and they are having more and more influence in woman empowerment, health and education etc. Government has no records of organizations active in Bangladesh and gradually trying to regulate the activities through various law and rules. There are some regulating authorities like NGO bureau, Palli Karma-Sahayak Foundation (PKSF) etc to co-ordinate and integrate with such government programs.