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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An association with a definite cultural, economic, educational, religious or social programme. Chartered Accountants, before certifying the accounts of an association in form FC — 3, must ensure that they have been prepared in accordance with the provisions of the Foreign Contribution Regulation Act, and the Rules framed thereunder. Activities to be treated as speculative activities have been defined. With liberalisation which allowed foreign firms to own up to per cent in Indian companies, the FCRA had become a bit of a relic and its narrow definition of what constituted “foreign” even more so.

Printable version Jan 1, 3: This was the Cold War era, when both the Soviets and the Americans meddled in the internal affairs of post-colonial nations to secure their strategic interests. Amendment logic Legal authorities say this is technically correct as the law was in force in those years. 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.

Any person intending to transfer the foreign contribution may make an application to the Central Government in the prescribed Form.

Foreign Contribution (Regulation) Act, 2010

Many of the affected organisations were rights-based advocacy groups, with some involved in human rights work.

By using this site, you agree to the Terms of Use and Privacy Policy. 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:. 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.

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.

Additional Grounds for Rejection of Applications for Registration. A judgment by the Delhi high court in held that both the Bharatiya Janata Party and the Congress were guilty of receiving donations to their party funds from the Indian subsidiaries of a “foreign” company, in contravention of the FCRA Act.

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.

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The Obama administration as well as the Trump administration pursued the case in the highest level amid the risk of a diplomatic tussle. 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 simply expired as the deadline for renewal passed.

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. Of course, NGO funding needs to be regulated.

It is advisable to obtain the passport details of the concerned citizen of India before accepting such contributions.

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. From Wikipedia, the free encyclopedia. Such information or intimation shall be sent by registered post. The implication of the judgment, which asked the government to “take action as contemplated by law”, was that the two political parties could face action for violating the FCRA and FCRA acts.

What would be on the mind of India’s newest voter waiting to press the EVM button in The bank shall also send a report containing the above details to the Central Government within thirty days from the date of such last transaction in respect of receipt of any foreign contribution in excess of one crore rupees or equivalent thereto in a single transaction or in transactions within a duration of thirty days, by any person, whether registered or not under the Act.

But its decision has drawn criticism from different quarters. Officials said other firms, which were Indian subsidiaries of global giants, had also made donations to political parties and these would have attracted the test of being illegal, if the amendment had not been brought.

Retro rules make a comeback

Applications made for registration 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.

Tax 1967 For Non-Residents. The task force submitted its report to the Planning Commission in September The fee for obtaining registration or prior permission would be Rs.

Retrospective yes, but without really impacting any citizen or condoning any real wrong-doing. However, this change apparently did not cover the years prior towhen the FCRA was in force.

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 of dcra question its policies in a democratic battle to protect constitutional rights and entitlements.


The Foreign Contribution Regulation Rules contain the various forms prescribed for this purpose. This fcrz cancellation of FCRA licences is not the first time that the legislation has been used thus.

The ostensible justification given for the law was to curb foreign interference in domestic politics. Do not deposit any local funds in this bank account. 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 fccra place. Strange as it may seem, a government which has been promising not to bring in retrospective tax legislations, has in its just passed Finance Bill for managed to breathe new life into a law it had scrapped some eight years ago: While the provisions of the repealed FCRA, have generally been retained, the FCRA, is an improvement over the repealed Act as more stringent provisions have been made in order to prevent misutilisation of the foreign contribution received by vcra associations.

Bishwajit Bhattacharyya, former additional solicitor general of India, said, “Parliament has every authority to amend laws cfra, but the context can be questioned in a court of law.

An association having a definite cultural, economic, educational, religious or social programme can receive 19776 contribution after it obtains the prior permission of the Central Government, or gets itself registered with the Central Government.

Human rights activist Venkatesh Nayak draws attention to three changes that render the new Act more stringent than the old one. As a result, any donation received from such a company was also treated as a foreign contribution.

Besides, the Central Government shall also display or upload the summary data of such persons on its website for information of the general public. The contributions covered the years ccra to Any transfer of foreign contribution shall be reflected in the prescribed fcea by the transferor and the recipient. Any move to condone an act that was in contravention of the old law would require an amendment, even though it has been repealed.

Further, every person who has been granted a certificate shall renew it within six months before the expiry of the period of certificate. Sampath December 27, That necessitated the first amendment, which was achieved by tweaking the Finance Bill for