49 OF [31st March, ] An Act to regulate the acceptance and utilisation of foreign contribution or foreign hospitality by certain persons or associations. It may be pertinent to point out here that it was the Congress, under the stewardship of Manmohan Singh, that replaced the original FCRA, Interestingly, the FCRA law deemed Indian companies as “foreign” if overseas residents held more than 50 per cent of the shareholding.
|Genre:||Health and Food|
|Published (Last):||23 September 2013|
|PDF File Size:||10.29 Mb|
|ePub File Size:||17.99 Mb|
|Price:||Free* [*Free Regsitration Required]|
Registration is granted only after thorough security vetting of the activities and antecedents of the organization and office bearers thereof. The registration is granted only to such association, which has proven track record of functioning in the chosen field of work during last three years, and after registration, such organization is free to receive foreign contribution from any foreign source for stated objectives.
The intimation is to be given in Form FC — 5. Filing of Returns An association permitted 176 accept foreign contribution is required to submit an annual return, duly certifed by a Chartered Accountant, giving details of the receipt and purpose-wise utilization of the foreign contribution. The contributions covered the years from to There are very many cases of companies who have provided grant to various Indian organisations without FCRA registration or prior permission.
Many of the affected organisations were rights-based advocacy groups, with some involved in human rights work. Legal authorities say this is technically correct as the law was in force in those years.
Retro rules make a comeback
In case the foreign contribution is proposed to be transferred to a person who has not been granted a certificate of registration or prior permission by the Central Government, the person concerned may apply for permission to the Central Government to transfer a part of the foreign contribution, not exceeding ten per cent, of the total value of the foreign contribution received. The application shall be fcrx by the District Magistrate having jurisdiction in the place where the transferred funds are sought to be utilised.
One may recall that earlier this year, 11, NGOs lost their FCRA licences without the government having to either examine their records or suspend their registrations individually — their licences 19776 expired as the deadline for renewal passed. In the cash book and ledger account on double entry basis, where the FC relates to currency received and utilised. Retrieved from ” https: Foreign contribution means the donation, delivery or transfer, made by any foreign source of any.
Swing time in stocks Business. Remember to enclose copies of the following documents with your application —. This instantly hands the state a whip with which to bring errant organisations to heel. Applications made for fcrra or prior permission under the repealed FCRA, but not disposed of before the date of commencement of these rules shall be deemed to be an application for registration or prior permission, as the case may be, under the new Rules, subject to the condition that the applicant furnishes the prescribed fees for such registration or prior permission, as the case may be.
The return is to be filed for every year 1st April to 31st March within a period of four months from the closure fcrw the year i. December 27, The discussion page may contain suggestions.
An Act to consolidate the law to regulate the acceptance 11976 utilisation of foreign contribution or foreign hospitality by certain individuals or associations or companies and to prohibit acceptance and utilisation of foreign contribution or foreign hospitality for any activities detrimental to the national interest and for matters connected therewith or incidental thereto.
One cannot deny that corrupt NGOs exist, or that unscrupulous NGOs that receive foreign funds may serve as conduits for money laundering. Second, the new law put a restriction 50 per cent on the proportion of foreign funds that could be used for administrative expenses, thereby allowing the government to control how a civil society organisation CSO spends its money.
An association having a definite cultural, economic, educational, religious or social programme can receive foreign fcta after it obtains the prior permission of the Central Government, or gets itself registered with the Central Government. Fcfa move to 1967 an act that was in contravention of the old law would require an amendment, even though it has been repealed.
Yuvi auctioned for Rs 1 crore, dcra his work is priceless. What is Foreign Contribution Foreign contribution means the donation, delivery or transfer, made by any foreign source of any, Article, not given to a person as a gifitfor personal use, if the market value, in India, of such article exceeds one thousand rupees; Currency, whether Indian or foreign; or, Foreign security as defined in clause 2 i of the Fcar Exchange Regulation Act, Besides, given that the right to freedom of association is part of the Universal Declaration of Human Rights article 20a violation of this right also constitutes a human rights violation.
This page was last edited on 19 Novemberat Proper Filing of Application Please familiarise yourself with the provisions of the Foreign Contribution Regulation Act, and the Foreign Contribution Regulation Rules, before making an application. The National Democratic Alliance NDA government has defended its action by claiming that these organisations had violated FCRA norms by engaging in activities detrimental to public interest.
However, this change apparently did not cover the years prior towhen the FCRA was in force. Amendment logic Legal authorities say this is technically correct as the law was in force in those years.
It may be pertinent to point out here that it was 19766 Congress, under the stewardship of Manmohan Singh, that replaced the original FCRA,with a more draconian version in Somewhere in the minutiae of the Finance Bill is hidden a paragraph which states: Every person who receives foreign contribution under dcra Act 19776 submit a report, duly certified by a chartered accountant, in the prescribed Form, accompanied by an income and expenditure statement, receipt and payment account, and balance sheet for every financial year beginning on the 1st day of April within nine months of the closure of the financial year, to the Secretary to the Government of India, Ministry of Home Affairs, New Fcta.