Dear Hari,

I am afraid that the Foreign Contribution Regulation Act (FCRA) is being interpreted selectively here. While Section 3 of the FCRA is important it is important to read it in conjunction with Section 4 of the FCRA (an exception clause for Section 3), which states that even those who participate in broadcast and electronic media can receive foreign money, “*by way of salary, wages or other remuneration due to him* or to any group of persons working under him, from any foreign source or by way of payment in the ordinary course of business transacted in India by such foreign source”.

I do not think there is any violation in Pavanaja writing for Prajavani.

Best,
Vishnu

On Wednesday 14 May 2014 12:15 AM, Hari Prasad Nadig wrote:
Dear Pavanaja,

Please correct me if I'm wrong.

You have received an annual compensation of about *17 Lakhs* last year (that also excludes travel and other reimbursements) as per the declaration made by Vishnu on the talk page of this proposal [1]. This came from the funds granted to CIS that was received from WMF through FCRA. And this will be increased by 20% for this year?

Further, for Kannada alone, *12.3 Lakhs* seem to be set aside out of which you seem to be the primary beneficiary. [2]

And all this while, you have been a columnist for Prajavani.

This seems to be a clear violation of Foreign Contribution Regulation Act as outlined by Srikanth on the copied email.

Regards,

[1] - https://meta.wikimedia.org/wiki/Grants_talk:APG/Proposals/2013-2014_round2/The_Centre_for_Internet_and_Society/Proposal_form#CIS_Staff_details [2] - https://meta.wikimedia.org/wiki/India_Access_To_Knowledge/Draft_Work_plan_July_2014_-_June_2015/Budget



On 13 May 2014 22:29, Srikanth Ramakrishnan <[email protected] <mailto:[email protected]>> wrote:

    Pavanaja,
    as per the FCRA:
    3. (1) No foreign contribution shall be accepted by any- (g)
    association or company engaged in the production or broadcast of
    audio news or audio visual news or current affairs programmes
    through any electronic mode, or any other electronic form as
    defined in clause ® of sub-section (I) of section 2 of the
    Information Technology Act, 2000 or any other mode of mass
    communication; (h) correspondent or columnist, cartoonist, editor,
    owner of the association or company referred to in clause (g).

    Writing a weekly column, as a freelancer makes one a columnist.
    *
    *
    *
    *


    On 13 May 2014 15:52, Pavanaja U B <[email protected]
    <mailto:[email protected]>> wrote:

        Hi,

        There is a factual error. I am not employed with Prajavani. I
        write just one column per week as freelancer.

        Regards,

        Pavanaja

        *From:*[email protected]
        <mailto:[email protected]>
        [mailto:[email protected]
        <mailto:[email protected]>] *On
        Behalf Of *Srikanth Ramakrishnan
        *Sent:* 13 May 2014 12:50
        *To:* Wikimedia India Community list
        *Cc:* Kannada Wikipedia Discussion List [email protected]
        <mailto:[email protected]>; Mailing list for Wikimedians
        / Wikipedians in Bangalore, India
        *Subject:* Re: [Wikimedia-in-blr] [Wikimediaindia-l] On CIS's
        grants request from Wikimedia Foundation

        Hi all, I have one important question here.

        The Foreign Contribution Regulatory Act prohibits money
        received from abroad to be used as payments or salaries to
        anyone employed with the press or media.

        I believe Dr. Pavanaja is a columnist for Prajavani. How does
        this work out?

        It's just a preemptive question.

        On 12 May 2014 17:45, Hari Prasad Nadig <[email protected]
        <mailto:[email protected]>> wrote:

        Fellow Wikimedians,

        As you all know, Center for Internet and Society, Bangalore
        has sought funding of about *1.8 Crores* through the FDC
        process from Wikimedia Foundation to carry out work on seven
        local language projects in India that includes Kannada, Telugu
        among others. [1]

        The funds primarily cover the salaries of the people belonging
        to the CIS-A2K team among other administrative expenses and
        other expenses as outlined on their proposal page.

        The proposal was up for Community review and comments until
        April 30th and many have recorded their response about it [2].
        Several community members have come forward in pointing out
        that the staff salaries being paid and that being proposed -
        are quite on the higher side (which is up to 2.4 Lakhs per
        month per person).

        Apart from the concerns on extremely high salaries for Indian
        norms of the team members of CIS-A2K team, there have been
        some serious concerns raised about some apparent Conflict of
        Interest [3] and non-compliance with the local laws (mainly
        Karnataka Societies act and the Foreign Contribution
        Regulation Act).

        However, looks like the proposal has moved forward through the
        FDC process for funding despite the concerns raised and has
        gotten through to the next stage.

        More concerns have now been raised by several community
        members on the Staff Assessment discussion page here:
        
https://meta.wikimedia.org/wiki/Grants_talk:APG/Proposals/2013-2014_round2/The_Centre_for_Internet_and_Society/Staff_proposal_assessment

        I invite you to participate in the discussion and help steer
        this in the right direction.


        [1] -
        
https://meta.wikimedia.org/wiki/Grants:APG/Proposals/2013-2014_round2/The_Centre_for_Internet_and_Society/Proposal_form
        [2] -
        
https://meta.wikimedia.org/wiki/Grants_talk:APG/Proposals/2013-2014_round2/The_Centre_for_Internet_and_Society/Proposal_form
        [3] -
        
https://meta.wikimedia.org/wiki/India_Access_To_Knowledge/Draft_Work_plan_July_2014_-_June_2015/Budget#Budget_as_per_Expenditure_Heads

        Thank you,

-- Hari Prasad Nadig
        http://hpnadig.net
        http://twitter.com/hpnadig
        http://flickr.com/hpnadig


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--
        Regards,
        Srikanth Ramakrishnan,

        What goes around, may not necessarily come around, it may
        simply bounce back.

        Please sign this petition for Volvo buses in Coimbatore:

        
https://www.change.org/en-IN/petitions/the-transport-minister-tamil-nadu-introduction-of-volvo-city-buses-in-the-city-of-coimbatore


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        <mailto:[email protected]>
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-- Regards,
    Srikanth Ramakrishnan,
    What goes around, may not necessarily come around, it may simply
    bounce back.

    Please sign this petition for Volvo buses in Coimbatore:
    
https://www.change.org/en-IN/petitions/the-transport-minister-tamil-nadu-introduction-of-volvo-city-buses-in-the-city-of-coimbatore


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    [email protected]
    <mailto:[email protected]>
    To unsubscribe from the list / change mailing preferences visit
    https://lists.wikimedia.org/mailman/listinfo/wikimediaindia-l




--
Hari Prasad Nadig
http://hpnadig.net
http://twitter.com/hpnadig
http://flickr.com/hpnadig


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