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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Some of the common grounds for rejection of applications are enlisted below as illustrations to bring in transparency and benefit the applicants in taking due care and caution: An association permitted to accept foreign fxra 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 Central Government may permit the transfer in respect of a person who has been granted the certificate of registration or prior permission under, in case the recipient person has not been proceeded against under any provision of the Act.

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. Further, every person who has been granted a certificate shall renew it within six months before the expiry of the period of certificate. 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 fccra 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.

Foreign source means the government of any foreign country or territory or its agency; international agency; a foreign company; citizen of a foreign country.

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political donations and the ghost of fcra

Do not deposit any local funds, other than the essential initial deposit specified by the bank for opening an account, in this account. Designated Bank Account An association granted prior permission or registration under the Act can 176 the foreign contribution and subsequently utilise it using a single designated bank account, as intimated in the application form. The District Magistrate concerned shall take an appropriate decision in the matter within sixty days of the receipt of such request from the person.


It is proposed to bring the said amendment with effect from 5th August,the date of commencement of the Foreign Contribution Regulation Act,which was repealed and re-enacted as the Foreign Contribution Regulation Act, The ostensible justification given fcta the law was to curb foreign interference in domestic politics.

The Indian state had no problem accepting contributions from foreign donors such as the World Bank or the International Monetary Fund. The forms can be obtained, free of cost, from the above-mentioned address. As a result, any donation received from such a company was also treated as a foreign contribution.

Prominent international funding agency Ford Foundation, the environmentalist group Greenpeace, and human rights advocacy group Lawyers Collective have all been targets of FCRA-linked curbs on their activity, suggesting a larger pattern in the way the state has used this law. The task force submitted its report to the Planning Commission in September Sampath December 27, Recently, another NGO Compassion International had to fcrs down India operations after the government refused permission to accept foreign funding.

The application shall be countersigned by the District Magistrate having jurisdiction in the place where the transferred funds are sought to be utilised. An ism is coming to an end. In case the certificate of registration is suspended under the relevant provisions the Act, up to twenty-five per cent of the unutilised amount may be spent, with the prior approval of the Central Government, for the declared aims and objects for which the foreign contribution was received.

The annual return in the prescribed Form shall reflect the foreign contribution received in the exclusive bank account and include the details in respect of the funds transferred to other bank accounts for utilisation.

December 27, Firstly, FCRA registration under the earlier law was permanent, but under the new one, it expired after five years, and fcfa to be renewed afresh.

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Foreign Contribution (Regulation) Act, 2010

The charge fra led by the U. To answer that question, we need to consider the differences between the two legislations. 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.

Officials say the amendment had to be brought to give relief to the country’s two largest political parties from a legal tangle they had managed to walk into. What would be on the mind of India’s newest voter waiting to press the EVM button in Swing time in stocks Business.

Many of the affected organisations were rights-based advocacy groups, with some involved in human rights work. Modi renames Ross, Havelock and Neil islands in the Andamans.

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In case no 176 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 person 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. Despite the censure, the NDA regime has shown no signs of relenting.

Please Email the Editor. A number of NGOs receiving foreign funding are seen by the India’s central government as involved in anti-development activism and hence posing a negative impact on the economic growth by two to three per cent. This instantly hands the state a whip with which to bring errant organisations to heel.

Poll call in budget mix for farms Business. The two subsidiaries were Sterlite Industries India and Sesa Goa, companies registered in India whose 19776 shareholder was London-listed Vedanta. It is a consolidating act whose scope is. New provision has also been made for management of foreign contribution and assets created out of such contribution of persons whose certificates have been cancelled.