FCRA 1976 PDF

The focus of this Act is to ensure that the foreign contribution and foreign hospitality is not utilized to affect or influence electoral politics, public servants, judges and other people working the important areas of national life like journalists, printers and publishers of newspapers, etc. The Act also seeks to regulate flow of foreign funds to voluntary organizations with objective of preventing any possible diversion of such funds towards activities detrimental to the national interest and to ensure that such individuals and organizations may function in a manner consistent with the values of sovereign democratic republic. 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 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.

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The focus of this Act is to ensure that the foreign contribution and foreign hospitality is not utilized to affect or influence electoral politics, public servants, judges and other people working the important areas of national life like journalists, printers and publishers of newspapers, etc. The Act also seeks to regulate flow of foreign funds to voluntary organizations with objective of preventing any possible diversion of such funds towards activities detrimental to the national interest and to ensure that such individuals and organizations may function in a manner consistent with the values of sovereign democratic republic.

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 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.

Registration is granted only after thorough security vetting of the activities and antecedents of the organization and office bearers thereof. However, such organizations which are newly established and do not have proven track record of functioning may also receive foreign contribution for specific activities, for a specific purpose and from a specific source after seeking project based prior permission PP from the Ministry of Home Affairs.

Citizens Charter Receipt of Foreign Contribution The provisions of the Foreign Contribution Regulation Act, regulate the receipt of foreign contribution in the country. The Foreign Contribution Regulation Rules contain the various forms prescribed for this purpose. 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 gifit , for 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 Foreign Exchange Regulation Act, NOTE: 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.

It is advisable to obtain the passport details of the concerned citizen of India before accepting such contributions. What is a Foreign Source Foreign source means the government of any foreign country or territory or its agency; international agency; a foreign company; citizen of a foreign country.

For more details see section 2 1 e of the Foreign Contribution Regulation Act, Who cannot Receive Foreign Contribution Foreign contribution cannot be accepted by a candidate for election; correspondent, columnist, cartoonist, editor, owner, printer or publisher of a registered newspaper; judge, government servant or employee of any corporation; member of any legislature; political party or office bearer thereof.

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.

Forms Prescribed for this Purpose An application for seeking prior permission to accept foreign contribution is to be made in Form FC — 1A and for grant of registration in Form FC — 8 respectively. Designated Bank Account An association granted prior permission or registration under the Act can receive the foreign contribution and subsequently utilise it using a single designated bank account, as intimated in the application form.

Do not deposit any local funds in this bank account. Maintenance of Accounts 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.

For more details see rule 8 of the Foreign Contribution Regulation Rules, Receipt of Scholarships etc A citizen of India receiving any scholarship, stipend or any payment of a like nature from any foreign source is required to give, within thirty days of such a receipt, an intimation to the Central Government as to the amount of the scholarship, stipend or other payment received; the foreign source from which and the purpose for which, such scholarship, stipend or other payment has been, or is being received.

The intimation is to be given in Form FC — 5. Time Taken to Dispose Application An application for registration is normally disposed within six months. It is advisable to obtain a certificate , in the format incorporated at the end of the application form, from any of the competent authority mentioned therein viz.

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.

Please fill the relevant application form with due care. Ensure that you furnish information exactly in the manner stated in the form. An incomplete application will be summarily rejected. Filing of Returns An association permitted to 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 return is to be filed for every year 1st April to 31st March within a period of four months from the closure of the year i. The return is to be submitted, in duplicate, in Form FC—3. It is to be accompanied with the balance sheet and statement of receipt and payment, duly certifed by a Chartered Accountant, also in duplicate.

Availability of Forms Please use the correct and current form. The forms can be obtained, free of cost, from the above-mentioned address. Copy of certificate of registration issued under the Societies Registration Act, 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 ; If any printed work is brought out by the association, a certificate from the Press Registrar that the publication is not a newspaper in terms of section 1 1 of the Press Registration of Books Act, In the cash book and ledger account on double entry basis, where the FC relates to currency received and utilised.

Charter for the Chartered Accountants Since the FCRA Act, is national security legislation; NGOs are required to exercise extreme care and caution in dealing with foreign contribution from the time of its receipt to its final utilization. Types of Permission i Registration under section 6 1 a ; and, ii Prior permission under section 6 1A.

Essential Requirements A Bank Account Open a separate bank account for the receipt and utilisation of foreign contribution in a bank of your choice and furnish particulars of the same at the appropriate place.

Note: Do not deposit any local funds, other than the essential initial deposit specified by the bank for opening an account, in this account. 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 the 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.

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Foreign Contribution Regulation Act 1976

Types of Permission i Fvra under section 6 1 a ; and, ii Prior permission under section 6 1A. In such cases, the NGO has to apply for prior permission for any funds that it is likely to receive. Organization of a political nature not to accept foreign contribution except with the prior permission of the Central Government. Work From Home Seizure of article or currency received in contravention of axt Act.

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