Administration, Welfare and Development Services I: Social Welfare Administration, its Meaning, History, Principles, Nature and Types of Organisation; its Distinction from Public and Social Security Administration; the Registration of Welfare Agencies as Societies, Trusts, Section 8 Companies and under the FCRA; and the Structure of Welfare Administration
2. History and types of organisations
Organised welfare in India has roots in religious charity, caste and village institutions, and royal responsibility for relief. Under British rule the state took on famine relief, codified in the Famine Codes after the Famine Commission of 1880, and a few protective laws, while missionaries, reform societies and philanthropists built schools, orphanages and hospitals. After independence the Constitution's directive principles made welfare a state responsibility. The Central Social Welfare Board was set up in 1953 to fund and develop voluntary organisations, with State Social Welfare Advisory Boards; welfare subjects were later grouped in dedicated departments and ministries. The Ministry of Social Justice and Empowerment took that name in 1998, the Ministry of Women and Child Development became a separate ministry in 2006, and separate ministries deal with tribal affairs and minority affairs; a Department of Empowerment of Persons with Disabilities was created within the Ministry of Social Justice and Empowerment in 2012. Since the 1990s the voluntary sector, CSR and public-private partnerships have grown alongside the state.
| Type of organisation | Examples | Distinctive feature |
|---|---|---|
| Government department | State social welfare department; district social welfare office | Statutory authority; public funds; hierarchical |
| Autonomous and statutory bodies | National Trust; Rehabilitation Council of India; CARA; national commissions | Created by statute or resolution for a specific purpose |
| Voluntary organisation (NGO) | Registered society, trust or section 8 company | Non-profit, self-governing, value-driven |
| Community-based organisation | Self-help group, mahila mandal | Formed by and accountable to members |
| Intermediary and funding organisation | Foundations, CSR foundations, support NGOs | Fund, train and network other organisations |
| International organisation | UNICEF, UNDP, international NGOs | Technical support, funding, standards |
3. Social welfare, public and social security administration distinguished
Public administration is the administration of all government activities, from revenue and defence to health and welfare; it is concerned with implementing public policy and law through the machinery of government, with values of legality, efficiency, economy and accountability. Social welfare administration is narrower in scope, covering welfare services for particular groups, but wider in auspices, since it includes voluntary and private agencies as well as government; it carries social work values of dignity, individualisation and participation, and uses social work methods. Social security administration manages schemes that protect people against contingencies such as old age, sickness, maternity, unemployment, employment injury, invalidity and death of the breadwinner. The ILO's Social Security (Minimum Standards) Convention, 1952 (No. 102), lists nine branches: medical care, sickness, unemployment, old age, employment injury, family, maternity, invalidity and survivors' benefits. Social security combines social insurance, contributory and financed by workers and employers (as through the Employees' Provident Fund Organisation and the Employees' State Insurance Corporation), and social assistance, non-contributory and tax-financed, for those in need (as through the National Social Assistance Programme of 1995).
| Dimension | Public administration | Social welfare administration | Social security administration |
|---|---|---|---|
| Scope | All government functions | Welfare services for specific groups | Income and health protection against contingencies |
| Auspices | Government only | Government, voluntary and private agencies | Mainly statutory bodies |
| Core values | Legality, efficiency, accountability | Social work values: dignity, participation, individualisation | Entitlement, adequacy, solidarity |
| Typical instruments | Law, budget, bureaucracy | Casework, group work, institutional and community services | Contributions, benefits, claims |
| Indian examples | District administration, finance ministry | Child protection units, NGOs running shelters | EPFO, ESIC, National Social Assistance Programme |
4. The registration of welfare agencies
A voluntary organisation in India usually takes one of three legal forms. A society is registered under the Societies Registration Act 1860, a colonial statute adopted with amendments by many states and replaced by their own Acts in some. At least seven persons subscribe to a memorandum of association, stating the name, objects and members of the governing body, and file it with rules and regulations before the Registrar of Societies; a society is democratic in form, with a general body that elects its governing body. A trust is created by a settlor who transfers property to trustees for a purpose. The Indian Trusts Act 1882 governs private trusts; public charitable trusts are governed by state laws where they exist, such as the Maharashtra Public Trusts Act 1950 (formerly the Bombay Public Trusts Act), and otherwise by the trust deed, registered under the Registration Act 1908, and general law. A trust is controlled by its trustees rather than by members. A section 8 company is registered under section 8 of the Companies Act 2013 (the successor to section 25 of the Companies Act 1956) with a licence from the Central Government, for objects such as commerce, art, science, sports, education, research, social welfare, religion, charity or protection of the environment; it must apply its profits and income to its objects and may not pay dividends to its members.
Organisations that receive foreign contributions must register, or obtain prior permission, under the Foreign Contribution (Regulation) Act 2010, which replaced the Act of 1976. The Foreign Contribution (Regulation) Amendment Act 2020 tightened it considerably: foreign contribution must be received in a designated FCRA account at the State Bank of India's New Delhi Main Branch; the share of foreign contribution that may be spent on administrative expenses was reduced from 50 per cent to 20 per cent; the transfer of foreign contribution to any other person or organisation was prohibited, ending sub-granting to smaller partners; and identification requirements, including Aadhaar, were imposed on office-bearers. Registration is valid for five years and must be renewed. Separately, tax exemption for charitable organisations and deduction for their donors depend on registration under income-tax law, and organisations seeking government grants register on the NGO Darpan portal.
| Form | Law | Control | Key requirement |
|---|---|---|---|
| Society | Societies Registration Act 1860 (and state Acts) | Members through an elected governing body | At least seven subscribers; memorandum and rules |
| Trust | Indian Trusts Act 1882 (private); state public trust laws | Trustees | Trust deed; settlor, trustees, beneficiaries, object |
| Section 8 company | Companies Act 2013, section 8 (formerly section 25 of the 1956 Act) | Board of directors | Central Government licence; no dividends; income applied to objects |
5. The structure of social welfare administration and institutional services
Service providers include government departments and their institutions, voluntary organisations, private agencies, community organisations and families themselves. At the Centre, the Ministry of Social Justice and Empowerment (with its Department of Social Justice and Empowerment and Department of Empowerment of Persons with Disabilities), the Ministry of Women and Child Development, the Ministry of Tribal Affairs and the Ministry of Minority Affairs frame policy and fund schemes, supported by autonomous bodies such as the Central Social Welfare Board, the National Trust, the Rehabilitation Council of India, the Central Adoption Resource Authority, and the National Institute of Public Cooperation and Child Development. States have departments and directorates of social welfare and women and child development, and districts have social welfare officers, district child protection units, ICDS project offices and, for children, Child Welfare Committees and Juvenile Justice Boards. A voluntary organisation typically has a general body, a governing board or executive committee, a chief executive or secretary, programme managers and field staff.
Institutional welfare services, children's homes, observation and special homes, shelter homes for women, old-age homes, homes for persons with disabilities and care homes for destitute persons, require particular management. The Juvenile Justice Act 2015 treats institutionalisation as a measure of last resort, and the Juvenile Justice Model Rules 2016 set standards for child care institutions: registration, individual care plans, the physical infrastructure, nutrition, health and education, staffing, children's committees, inspection and rehabilitation and after-care. Good management of any institution rests on admission criteria and assessment, individualised care plans reviewed regularly, adequate and trained staff, a routine that respects privacy and dignity, participation of residents, links with the community and families, grievance and inspection mechanisms, and planning for exit from the start. The recurring scandals of abuse in shelter homes show that inspection, social audit and residents' voice are not formalities.
Key takeaways
- Social welfare administration transforms social policy into social services and, as a two-way process, feeds experience back into policy (Kidneigh 1950); it is both art and science, answers to several constituencies and rests on principles of need, purpose, participation, coordination, accountability and evaluation.
- History: Famine Codes after 1880, CSWB 1953, the Ministry of Social Justice and Empowerment named in 1998, the Ministry of Women and Child Development separate from 2006, the Department of Empowerment of Persons with Disabilities 2012; organisations are governmental, statutory, voluntary, community-based, intermediary and international.
- Public administration covers all government functions; social welfare administration covers welfare services under government and voluntary auspices with social work values; social security administration protects against contingencies (ILO Convention 102 of 1952, nine branches), through social insurance (EPFO, ESIC) and social assistance (NSAP 1995).
- Registration: societies (Societies Registration Act 1860, seven subscribers), trusts (Indian Trusts Act 1882 for private trusts; state public trust laws), section 8 companies (Companies Act 2013, formerly section 25 of 1956; no dividends); FCRA 2010 as amended in 2020: SBI New Delhi Main Branch account, administrative cap cut from 50 to 20 per cent, no transfers, five-year registration.
- Structure: central ministries and autonomous bodies (CSWB, National Trust, RCI, CARA, NIPCCD), state departments, district officers, DCPUs, CWCs and JJBs; NGO governance by general body and board; institutional care as a last resort under the JJ Act 2015 with standards in the JJ Model Rules 2016.
Practice questions (10)
Attempt each one before opening the answer. Every explanation names the tempting wrong option as well as the right one, because that is where marks are lost.
Social welfare administration was defined by John Kidneigh as:
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Answer: B — The process of transforming social policy into social services
Kidneigh (1950) defined it as transforming social policy into social services, and stressed a two-way process in which experience also informs policy. Taxation, casework and registration are related activities but not the definition.Under the Societies Registration Act 1860, what is the minimum number of persons who must subscribe to the memorandum of association to register a society? Type the number.
Numerical answer — type the value.
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Answer: 7
Seven or more persons associated for a literary, scientific or charitable purpose may form a society by subscribing to a memorandum of association and filing it with the Registrar. A trust, by contrast, needs a settlor and trustees rather than a minimum membership.Which of the following changes were made by the Foreign Contribution (Regulation) Amendment Act 2020? Select all that apply.
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Answer: A — Foreign contribution must be received in an FCRA account at SBI's New Delhi Main Branch; B — Transfer of foreign contribution to other persons or organisations was prohibited; C — The cap on administrative expenses from foreign contribution was cut from 50 per cent to 20 per cent
The 2020 amendment cut the administrative cap to 20 per cent, banned transfers and required the SBI New Delhi Main Branch account. Registration remains valid for five years and must be renewed, so the last option is wrong.Section 8 of the Companies Act 2013, under which non-profit companies are registered, replaced which provision of the Companies Act 1956?
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Answer: C — Section 25
Section 25 of the 1956 Act provided for charitable companies and was succeeded by section 8 of the 2013 Act. Section 135 of the 2013 Act is the CSR provision, and 12A and 80G are income-tax provisions long associated with charities and donors, not company law.The ILO's Social Security (Minimum Standards) Convention, 1952 (No. 102), lists how many branches of social security?
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Answer: B — Nine
Convention 102 lists nine branches: medical care, sickness, unemployment, old age, employment injury, family, maternity, invalidity and survivors' benefits. A country ratifying it must accept at least three of the nine.Assertion (A): A section 8 company cannot pay dividends to its members. Reason (R): A section 8 company must apply its profits and income to promoting its charitable objects. Choose the correct option.
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Answer: A — Both A and R are true, and R is the correct explanation of A
Both are true and the reason explains the assertion: because profits must be applied to the company's objects, none can be distributed to members as dividends, which is what makes it a non-profit form despite being a company.Which statement about the Indian Trusts Act 1882 is correct?
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Answer: A — It governs private trusts; public charitable trusts are governed by state laws where they exist
The 1882 Act applies to private trusts; public charitable trusts fall under state laws such as the Maharashtra Public Trusts Act 1950. Seven members is the society rule, a Central Government licence is the section 8 company rule, and foreign contributions are governed by the FCRA 2010.Which of the following correctly describe social security administration as distinct from social welfare administration? Select all that apply.
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Answer: A — It protects income and health against contingencies such as old age, sickness and employment injury; D — It includes contributory social insurance administered by bodies such as the EPFO and ESIC
Social security administration deals with protection against contingencies, including contributory social insurance through the EPFO and ESIC. Casework and group work characterise social welfare administration, and covering every government function describes public administration.In a society registered under the Societies Registration Act, ultimate control rests with:
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Answer: D — The members, acting through the general body that elects the governing body
A society is democratic in form: members in the general body elect the governing body. Settlors belong to trusts, a Central Government licence to section 8 companies, and donors have no legal control.The ministry that took the name "Ministry of Social Justice and Empowerment" in 1998 is responsible, among other things, for:
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Answer: C — Welfare of Scheduled Castes, senior citizens and persons with disabilities
The Ministry of Social Justice and Empowerment deals with Scheduled Castes, other backward classes, senior citizens, victims of substance abuse and, through a separate department created in 2012, persons with disabilities. The other options are not welfare functions.