FCRA 1976 PDF
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.
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Contributions made by a citizen of India living in another country, from his personal savings, through the normal banking channels, is not treated as foreign contribution. Bishwajit Bhattacharyya, former additional solicitor general of India, said, “Parliament has every authority to amend laws retrospectively, but the context can be questioned in a court of law. Provision has been made for inspection of accounts if the registered person or person to whom prior permission has been granted fails to furnish or the intimation given is not in accordance with law.
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. Despite the censure, the NDA regime has shown no signs of relenting. An Act to consolidate the law to regulate the acceptance and 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.
FCRA – Wikipedia
The organizations seeking foreign contributions for definite cultural, social, economic, educational or religious programmes may either obtain registration or prior permission to receive foreign contribution from Ministry of Home Affairs by making application in the prescribed format and furnishing details of the activities and audited accounts.
The list is revealing: The amount of foreign contribution lying unutilised in the exclusive foreign contribution bank account of a person whose certificate of registration has been cancelled shall vest with the banking authority concerned till the Central Government issues further directions in the matter.
However, this change apparently did not cover the years prior towhen the FCRA was fcfa force. Foreign contribution cannot be accepted by a candidate for election; correspondent, columnist, cartoonist, editor, owner, printer or publisher of a registered newspaper; judge, government fcfa or employee of any corporation; member of any legislature; political party or office bearer thereof.
The charge was led by the U. However, the Act was to come into force on such date as the Central Government may, by notification in the Official Gazette appoint.
Salient Features of FCRA, Comes into Effect from May 1,
Yuvi auctioned for Rs 1 crore, but his work is priceless. Open a separate bank account for the receipt and utilisation of foreign contribution in a bank of your choice and furnish particulars of the fcta at the appropriate place.
In fact, a seven-member task force was set up way back in to create a national-level self-regulatory agency, the National Accreditation Council of India NACIthat would monitor and accredit CSOs. Interestingly, the FCRA law deemed Indian companies as “foreign” if overseas residents held more than 50 per cent of the shareholding in such firms.
No person would be permitted to prefer a second application for registration or prior permission within a period of six months after submitting an application either for the grant of prior permission for the same project or for registration.
The remaining seventy-five per cent of the unutilised foreign contribution shall be utilised only after revocation of suspension of the certificate of registration. It is advisable to obtain the passport details of the concerned citizen of India before accepting such contributions. An application for registration is normally disposed within six months. The application shall be countersigned by the District Magistrate having jurisdiction in the place where the transferred funds are sought to be utilised.
If yes, how then do we monitor the foreign funding fcrs NGOs? The annual return in the prescribed Form shall reflect the foreign contribution received 19766 the exclusive bank account and include fcrw details in respect of the dcra transferred to other bank accounts for utilisation.
B Documents Remember to enclose copies of the following documents with your application — Certifed copy of registration certificate or Trust deed, as the case may be; Details of activities during the last three years; Copies of audited statement of accounts for the past three years Asset and Liabilities, Receipt and Payment, Income and Expenditure ; Commitment letter from foreign donor specifying the amount of foreign contribution only with prior permission application ; Copy of project for which foreign contribution was solicited is being offered only with prior permission application ; If functioning as editor, owner, printer or publisher of a publication registered under 1967 Press and Registration of Books Act,a certificate from the Press Registrar that the publication is not a newspaper in terms of section 1 1 of the said Act.
Foreign Contribution (Regulation) Act, 2010
Many of the larger corporates of India have more than 50 per cent foreign shareholding and they were compelled to work with FC registration organisations only till now “.
The provisions of the Foreign Contribution Regulation Act, regulate the receipt of foreign contribution in the country. A person implementing an ongoing multi-year project shall apply for renewal twelve months before the date of expiry of the certificate of registration.
The Foreign Contribution Regulation Rules contain the various forms prescribed for this purpose. An association having a definite cultural, economic, educational, religious or social programme can receive foreign contribution after it obtains the prior permission of the Central Government, or gets itself registered with the Central Government.
Besides, given that the right to freedom of association is part of the Universal Declaration of Fcfa Rights article 20a violation of this right also constitutes a human rights violation. It is advisable to obtain a certificatein the format incorporated at the end of the application form, from any of the competent authority mentioned therein viz.
An ism is coming to an end. A new provision has been introduced to the effect that any fxra, who knowingly gives false intimation and seeks prior permission or registration by means of fraud, false representation or concealment of material fact, shall, on conviction by Court, would be liable to imprisonment for a term which may extend to six months or fine or with both. A new provision has been introduced to the effect that the assets of any person who has become defunct shall be disposed of in such manner as may be, specified by the Central Government.
FCRA, provides that the certificate granted shall be valid for a period of five years and the prior permission shall be valid for the specific purpose or specific amount of foreign contribution for which permission was granted. The intimation is to be given in Form FC — 5. Human rights activist Venkatesh Nayak draws attention to three changes that render the new Act more stringent than the old one. Amendment logic Legal authorities say this is technically correct as the law was in force in those years.
Whoever accepts, or assists any person, political party or organisation in accepting any foreign contribution or any currency from a foreign source, in contravention of the provisions of the Foreign Contribution Regulation Act,or the rules vcra thereunder, shall be punished with imprisonment for a term, which may extend to five years, or with fne or with both.
Foreign contribution means the donation, delivery or transfer, made by any foreign source of any. This article is closed for comments. An association granted prior permission or registration under the Act must maintain a separate set of accounts and records exclusively for the foreign contribution received and utilised in the prescribed manner.
Chartered Accountants, before certifying the accounts of an association in form Fcta — 3, must ensure that they have been prepared in accordance with the provisions of the Foreign Contribution Regulation Act, and the Rules framed thereunder.
Who can Receive Foreign Contribution An association having a definite cultural, economic, educational, religious or social programme can receive foreign contribution after it obtains the prior permission of the Central Government, or gets itself registered with the Central Government. Every person who has been granted registration or prior permission shall maintain a separate set of accounts and records, exclusively, for the foreign contribution received and utilised.
Second, the new law put a restriction 50 per cent on the proportion of foreign funds that could be used for 1967 expenses, thereby allowing the government to control how a civil society organisation CSO spends its money. That means these NGOs can no longer receive funds from foreign donors.
For more details see section 2 1 e of the Foreign Contribution Regulation Act, Any person contravening the provisions of the Act shall be punishable with imprisonment for a term which may extend to five years or with fine or with both. Institutionalising double standards Put simply, a political class that has no qualms taking money from foreign sources, that amended the FCRA to let itself off the hook for past violations, that opened the doors for all political parties to accept foreign funding, that paved the way for Indian businesses to access foreign capital, is now anxious to prevent CSOs from accessing foreign funds because some fcrra them question its policies in a democratic battle to protect constitutional rights and entitlements.
In the cash book and ledger account on double entry basis, where the FC relates to currency received and utilised. She is the secretary of Citizens for Justice and Peace CJPan organisation formed for fighting for justice fdra the victims of communal violence in the state of Gujarat in fcta Dipak Fcea, advocate and senior partner in Tottenham India Law Associates, said, “The retrospective amendments to FCRA seem to have been brought clearly to allow political parties to evade any sentencing in this case.