Subject: Note on Foreign Contribution Regulation Act (FCRA) Registration
An organization having a definite cultural, economic, educational, religious or social programme shall accept foreign contribution, only after such organization obtains a certificate of registration from the Central Government.
Any person, if it is not registered with the Central Government, can accept foreign contribution only after obtaining the prior permission of the Central Government and such prior permission shall be valid for the specific purpose for which it is obtained and from the specific source.
If the person referred as above has been found guilty of violation of any of the provisions of the Foreign Contribution (Regulation) Act, 1976, the unutilized or unreceived amount of foreign contribution shall not be utilized or received, as the case may be, without the prior approval of the Central Government.
The Central Government may, by notification in the Official Gazette, specify—
|i.||the person or class of persons who shall obtain its prior permission before accepting the foreign contribution; or|
|ii.||the area or areas in which the foreign contribution shall be accepted and utilized with the prior permission of the Central Government; or|
|iii.||the purpose or purposes for which the foreign contribution shall be utilized with the prior permission of the Central Government; or|
|iv.||the source or sources from which the foreign contribution shall be accepted with the prior permission of the Central Government|
Any association registered with the Central Government or granted prior permission under that section of the Foreign Contribution (Regulation) Act, 1976, as it stood immediately before the commencement of this Act, shall be deemed to have been registered or granted prior permission, as the case may be, under this Act and such registration shall be valid for a
period of five years from the date on which this section comes into force.
Application for Registration
An application for registration of an organization for acceptance of foreign contribution shall be made electronically on-line in Form FC-3, and shall be followed by forwarding the hard copy of the on-line application duly signed by the Chief Functionary of the association together with the required documents:
|Form FC-3 duly filled in triplicate.|
|Audited statement of accounts of past three years.|
|Annual Report specifying activities of past three years.|
|If the association is a registered Trust or Society a certified copy of the registration certificate.|
|Copy of the Memorandum of Association and/or the Articles of Association as applicable.|
|List of Main objects and definite programmes for which the contribution is to be accepted / utilized.|
|Details of names and addresses of the members of the Executive Committee/Governing Council etc. of the Association.|
|Copy of any prior permission granted to the organization.|
|Copy of resolution of Governing Body of the organization, authorizing the registration under FCRA.|
|Copy of Power of Attorney or the resolution of Governing Body by which the Chief Functionary is authorized to submit FC-3.|
|List of present members of the Governing Body of the organization and the office bearers.|
|Copy of any Journal or other publication of the organization.|
|If the association is having any parent or sister or subsidiary organization which is registered under the FCRA then the registration number along with Ministry of Home Affairs file number should be mentioned.|
|If the association has submitted any application earlier then its reference number should be mentioned.|
|If the association has received any foreign contribution with or without the prior approval of the Central Government, then the detail should be given.|
|Details of Bank along through which the foreign contribution shall be received.|
|A recommendation certificate from any competent authority.|
|Copy of certificates of exemption or registration issued by the Income Tax Department u/s80G and 12A.|
The hard copy of the on-line application shall reach the Central Government within thirty days of the submission of the on-line application, failing which the request of the organization shall be deemed to have ceased.
Any organization whose request has ceased may make a fresh on-line application with the Central Government only after six months from the date of cessation of the previous application.
An organization seeking registration shall be required to open an exclusive bank account to receive the foreign contribution.
The organization may open one or more accounts in one or more banks for the purpose of utilizing the foreign contribution after it has been received and, in all such cases, intimation on plain paper shall be furnished to the Secretary, Ministry of Home Affairs New Delhi, within fifteen days of the opening of any account.
The fee shall be remitted by demand draft or banker’s cheque in favour of the “Pay and Accounts Officer, Ministry of Home Affairs”, payable at New Delhi.
Time Limit For Granting Registration
After making inquiry, the Central Government may register such organization and grant him a certificate, ordinarily within ninety days from the date of receipt of application.
In case the Central Government does not grant, within the said period of ninety days, a certificate, it shall communicate the reasons there for to the applicant.
Validity Of Certificate
Every certificate of registration granted to a organization under the Act shall be valid for a period of five years from the date of its issue.
Renewal Of Registration Certificate
Every certificate of registration issued to a organization shall be liable to be renewed after the expiry of five years from the date of its issue on proper application.
Every organization shall apply to the Central Government in Form FC-5, six months before the date of expiry of the certificate of registration, for its renewal.
A organization implementing an ongoing multi-year project shall apply for renewal twelve months before the date of expiry of the certificate of registration.
An application made for renewal of the certificate of registration shall be accompanied by a fee of Rs.500/- (Five Hundred only).
The fee for renewal of the certificate of registration shall be remitted by demand draft or banker’s cheque in favour of the “Pay and Accounts Officer, Ministry of Home Affairs”, payable at New Delhi.
In case no application for renewal of registration is received or such application is not accompanied by the requisite fee, the validity of the certificate of registration of such
organization shall be deemed to have ceased from the date of completion of the period of five years from the date of the grant of registration.
If the validity of the certificate of registration of a organization has ceased in accordance with the provisions of these rules, a fresh request for the grant of a certificate of registration may be made by the organization to the Central Government as per the provisions of rule 9.
In case a organization provides sufficient grounds, in writing, explaining the reasons for not submitting the certificate of registration for renewal within the stipulated time, his application may be accepted for consideration along with the requisite fee, but not later than four months after the expiry of the original certificate of registration.(Declaration of Undertaking format Annexure-1)
Time Limit For Re-Filing Of Application For Registration
No organization shall make a second application for registration within a period of six months after submitting an application for the grant of registration for the same project.
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