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FCRA
2010
Rules
Background
In Layman Understanding
Object
Any Foreign
Contribution
Illegitimate Foreign
Source or
With unknown source
Needs Close
Scrutiny by
Concern is
Threat to
Economy
Home Ministry being
Security Issues
Since
Foreign Source.
Includes:
Foreign Government,
International agency ( but not UN or its
agencies, World Bank, IMF etc..)
Foreign Company
Multi-national corporation
Company where more than 50% capital is held
by foreigner or foreign company, foreign trust,
foreign citizen etc.
Definition of Foreign
Contribution
11
12
Foreign
Contribution accepted:
14
General
No
foreign
hospitality
( e.g. offering meals or casual lift in
vehicle)
17
Prior Permission
Registration
(S 11(2))
(S 11(1))
20
Prior Permission
To be done online Form FC4
A new prior permission application cannot be
moved within 6 months for the same project.
Documents to be attached
Copy of Trust Deed / Memorandum
Activities over last 3 years
3 Years duly audited annual accounts
Latest Commitment letter from the donor
Details of the project to be funded, such as outlays,
detailed budget, etc.
DD / Pay Order of Rs 1000/ Details of violations / convictions, if any
21
Registration
22
Renewal of Registration
All registrations valid for 5 years
File renewal application online (FC-5).
Fees Rs 500/- by DD/Bankers draft
Seems Dept. wishes to re-visit cases to weed out
any blacklisted, proceeded NGOs.
Application to be moved 6 months prior to expiry
In case of NPOs implementing multi-year project to
apply 12 months in advance.
Delay may be condoned but not later than 4
months after the registration expires. (R. 12 (8))
If renewal not applied than registration ceases after
the expiry period and new application has to be
moved as if its a new registration under Rule 9.
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Registration..
Power
to
cancel
the
Registration
certificate. (S. 14) Earlier power was not
explicit
in
the
Act
(Govt.
used
blacklisting).
However now no new application can be
moved for 3 years once blacklisted.
Power
to
suspend
Registration
certificates (S.13) upto a maximum of
180 days.
Assets to vest with the Govt wherever
registration cancelled or a registered/
permitted
person
ceases
becomes
defunct.
24
Validity of Registration
Registration
25
Prior Permission
Registration
27
General
There are provisions for maintenance of accounts, disposal of
assets in case the organisation ceases to exist / is disabled to
accept foreign contribution, inspection, investigation and audit
etc.
Every person who receives FC has to intimate the same to the
Government or its prescribed authorities of the receipt of the
said FC
Acts done in contravention of a Prohibitory Order issued by the
Government shall be liable with punishment extendible up to
three years plus fine and acts done in contravention of the Act
may invite a penalty by way of imprisonment up to five years
plus fine.
Where an offence under this Act or any rule or order made
there under has been committed by a company, every person
who, at the time the offence was committed, was in charge of,
and was responsible to, the company for the conduct of the
business of the company, as well as the company, shall be
deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly.
28