What are the documents to be enclosed with the application?
(a) Following documents should be enclosed with the application for grant of Registration:
(i) Hard copy of the online application, duly signed by the Chief Functionary of the association;
(ii) Certified copy of registration certificate or Trust deed etc., as the case may be;
(iii) Activity Report indicating details of activities during the last three years;
(iv) Copies of audited statement of accounts for the past three years (Assets and Liabilities, Receipt and Payment, Income and Expenditure);
(v) If functioning as editor, owner, printer or publisher of a publication registered under the Press and Registration of Books Act, 1867, a certificate from the Registrar of Newspapers for India that the publication is not a newspaper in terms of section 1(1) of the said Act.
(vi) Fee of Rs. 2000/- by means of demand draft or banker’s cheque in favor of the “Pay and Accounts Officer, Ministry of Home Affairs”, payable at New Delhi.
(b) Following documents should be enclosed with the application for grant of Prior Permission:
(i) Hard copy of the online application, duly signed by the Chief Functionary of the association;
(ii) Certified copy of registration certificate or Trust deed etc., as the case may be;
(iii) Commitment letter from foreign donor specifying the amount of foreign contribution and the purpose for which it is proposed to be given;
(iv) Copy of the project report for which foreign contribution is solicited/being offered and is proposed to be utilized;
(v) If functioning as editor, owner, printer or publisher of a publication registered under the Press and Registration of Books Act, 1867, a certificate from the Registrar of Newspapers for India that the publication is not a newspaper in terms of section 1(1) of the said Act.
(vi) Fee of Rs. 1000/- by means of demand draft or banker’s cheque in favor of the “Pay and Accounts Officer, Ministry of Home Affairs”, payable at New Delhi.
Note: The hard copy of the on-line application along with all the documents mentioned above must reach the Ministry of Home Affairs, Foreigners Division (FCRA Wing), NDCC-II Building, Jai Singh Road, New Delhi – 110 001 within thirty days of the submission of the on-line application, failing which the request of the person for grant of registration or prior permission, as the case may be, shall be deemed to have ceased.
How to find the status of pending application for registration/prior permission. ?
Status of pending applications for grant of FCRA registration or prior permission may be checked on-line from the Ministry of Home Affairs web-site – http://mha.nic.in/fcraweb/fc_online.htm. One needs to fill in the numbers on acknowledgement letter or any correspondence from MHA (Foreigners Division) in the blank format which pops up on the screen after selection of status enquiry icon (registration/prior permission, as the case may be)
Can the Government cancel the certificate of registration granted to a person under FCRA?
Yes. The conditions for cancellation of certificate, as prescribed under section 14 of FCRA, 2010 are ‒
(1) The Central Government may, if it is satisfied after making such inquiry as it may deem fit, by an order, cancel the certificate if —
(a) the holder of the certificate has made a statement in, or in relation to, the application for the grant of registration or renewal thereof, which is incorrect or false; or
(b) the holder of the certificate has violated any of the terms and conditions of the certificate or renewal thereof; or
(c) in the opinion of the Central Government, it is necessary in the public interest to cancel the certificate; or
(d) the holder of the certificate has violated any of the provisions of this Act or rules or order made thereunder.
(e) if the holder of the certificate has not been engaged in any reasonable activity in its chosen field for the benefit of the society for two consecutive years or has become defunct.
(2) No order of cancellation of certificate under this section shall be made unless the person concerned has been given a reasonable opportunity of being heard.
(3) Any person whose certificate has been canceled under this section shall not be eligible for registration or grant of prior permission for a period of three years from the date of cancellation of such certificate.
Can the Government suspend the certificate of registration granted to a person under FCRA?
The conditions for suspension of certificate, as prescribed under section 13 of FCRA, 2010 are ‒
(1) Where the Central Government, for reasons to be recorded in writing, is satisfied that pending consideration of the question of canceling the certificate on any of the grounds mentioned in sub-section (1) of Section, 14, it is necessary so to do, it may, by
order in writing, suspend the certificate for such period not exceeding one hundred and eighty days as may be specified in the order.
(2) Every person whose certificate has been suspended shall ‒
(a) not receive any foreign contribution during the period of suspension of certificate:
Provided that the Central Government, on an application made by such person, if it considers appropriate, allow receipt of any foreign contribution by such person on such terms and conditions as it may specify;
(b) utilize, in the prescribed manner, the foreign contribution in his custody with the prior approval of the Central Government.
In terms of Rule 14 of the Foreign Contribution (Regulation) rules, 2011, the unspent amount that can be utilized in case of suspension of a certificate of registration may be as under: –
(a) In case the certificate of registration is suspended under sub-section (1) of section 13 of 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.
(b) The remaining seventy-five per cent of the unutilised foreign contribution shall be utilized only after revocation of suspension of the certificate of registration.
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