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Foreign Contribution Regulation Rules, 2011


Foreign Contribution Regulation Rules,2011(PDF)

The Foreign Contribution (Regulation) Rules, 2011

Published vide Notification No. G.S.R. 349(E), dated the 29th April, 2011

Act2417

Ministry of Home Affairs

G.S.R. 349(E). - In exercise of the powers conferred by section 48 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010), the Central Government hereby makes the following rules, namely :-

  1. Short title and commencement.- (1) These rules may be called the Foreign Contribution (Regulation) Rules, 2011.

(2) They shall come into force on the date on which the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) shall come into force.

  1. Definitions.- (1) In these rules unless the context otherwise requires,-

(a) "Act" means the Foreign Contribution (Regulation) Act 2010;

(b) "chartered accountant" shall have the meaning assigned to it in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949;

(c) "Form" means a form appended to these rules;

(d) "section" means section of the Act;

(e) "year" means the financial year commencing from the 1st day of April and ending on the 31st day of March of the next calendar year;

(2) Words and expressions used and not defined herein but defined in the Act shall have the meaning assigned to them in the Act.

  1. Guidelines for declaration of an organisation to be of a political nature, not being a political party.- The Central Government may specify any organisation as organisation of political nature on one or more of the following grounds:-

(i) organisation having avowed political objectives in its Memorandum of Association or bylaws;

(ii) any Trade Union whose objectives include activities for promoting political goals;

(iii) any voluntary action group with objectives of a political nature or which participates in political activities;

(iv) front or mass organisations like Students Unions, Workers' Unions, Youth Forums and Women's wing of a political party;

(v) organisation of farmers, workers, students, youth based on caste, community, religion, language or otherwise, which is not directly aligned to any political party, but whose objectives, as stated in the Memorandum of Association, or activities gathered through other material evidence, include steps towards advancement of Political interests of such groups;

(vi) any organisation, by whatever name called, which habitually engages itself in or employs common methods of political action like 'bandh' or 'hartal', 'rasta roko', 'rail roko' or 'jail bharo' in support of public causes.

  1. Speculative activities.- (1) The following activities shall be treated as speculative activities:-

(a) any activity or investment that was an element of risk of appreciation or depreciation of the original investment, linked to market forces, including investment in mutual funds or in shares;

(b) participation in any scheme that promises high returns like investment in chits or land or similar assets not directly linked to the declared aims and objectives of the organisation or association.

(2) A debt-based secure investment shall not be treated as speculative investment.

(3) Every association shall maintain a separate register of investments.

(4) Every register of investments maintained under sub-rule (3) shall be submitted for audit.

  1. Administrative expenses.- The following shall constitute administrative expenses:-

(i) salaries, wages, travel expenses or any remuneration realised by the Members of the Executive Committee or Governing Council of the person;

(ii) all expenses towards hiring of personnel for management of the activities of the person and salaries, wages or any kind of remuneration paid, including cost of travel, to such personnel;

(iii) all expenses related to consumables like electricity and water charges, telephone charges, postal charges, repairs to premise(s) from where the organisation or Association is functioning, stationery and printing charges transport and travel charges by the Members of the Executive Committee or Governing Council and expenditure on office equipment;

(iv) cost of accounting for and administering funds;

(v) expenses towards running and maintenance of vehicles;

(vi) cost of writing and filing reports;

(vii) legal and professional charges; and

(viii) rent of premises, repairs to premises and expenses on other utilities:

Provided that the expenditure incurred on salaries or remuneration of personnel engaged in training or for collection or analysis of field data of an association primarily engaged in research or training shall not be counted towards administrative expenses:

Provided further that the expenses incurred directly in furtherance of the stated objectives of the welfare oriented organisation shall be excluded from the administrative expenses such as salaries to doctors of hospital, salaries to teachers of school etc.

  1. Intimation of receiving foreign contribution from relatives.- Any person receiving foreign contribution in excess of one lakh rupees or equivalent thereto in a financial year from any of his relatives shall inform the Central Government in Form FC-1 within thirty days from the date of receipt of such contribution.
  2. Receiving foreign hospitality by specified categories of persons.- (1) Any person belonging to any of the categories specified in section 6 who wishes to avail of foreign hospitality shall apply to the Central Government in Form FC-2 for prior permission to accept such foreign hospitality.

(2) Every application for acceptance of foreign hospitality shall be accompanied by an invitation letter from the host or the host country, as the case may be, and administrative clearance of the Ministry or department concerned in case of visits sponsored by a Ministry or department of the Government.

(3) The application for grant of permission to accept foreign hospitality must reach the appropriate authority ordinarily two weeks before the proposed date of onward journey.

(4) In case of emergent medical aid needed on account of sudden illness during a visit abroad, the acceptance of foreign hospitality shall be required to be intimated to the Central Government within sixty days of such receipt giving full details including the source, approximate value in Indian Rupees, and the purpose for which and the manner in which it was utilised.

Provided that no such intimation is required if the value of such hospitality in emergent medical aid is upto one lakh rupees or equivalent thereto.

  1. Action in respect of article, currency or security received in contravention of the Act.- (1) The Central Government may issue a prohibitory order for contravention of the Act in respect of any article, currency or securities.

(2) The prohibitory order issued under sub-rule (1) shall be served on the person concerned in the following manner:-

(a) by delivering or tendering it to that person or to his duly authorised agent; or

(b) by sending it to him by 'registered post with acknowledgement due' or 'speed post' to the address of his last known place of residence or the place where he carries on, or is known to have last carried on, business or the place where he personally works for gain or is known to have last worked for gain and, in case the person is an organisation or an association, to the last known address of the office of such organisation or association; or

(c) if it cannot be served in any of the manner aforesaid, by affixing, it on the outer door or some other conspicuous part of the premises in which that person resides or carries on, or is known to have last carried on, business or personally works for gain or is known to have last worked personally for gain and, in case the person is an organisation or an association, on the outer door or some other conspicuous part of the premises in which the office of that organisation or association is located, or is known to have been last located, and the written report whereof should be witnessed by at least two persons.

  1. Application for obtaining 'registration' or 'prior permission' to receive foreign contribution.- (1)[(a) An application for registration, or an application for obtaining prior permission by a person under section 11, for acceptance of foreign contribution, shall be made electronically online in Form FC-3.]

[(b) The applicant shall upload the signed or digitally signed application along with scanned documents as specified by the Central Government from time to time;]

(d) A person seeking registration shall be required to open an exclusive bank account to receive the foreign contribution.

(e) The person may open one or more accounts in one or more banks for the purpose of utilising the foreign contribution after it has been received and, in all such cases, intimation [electronically online in form FC-6] shall be furnished to the Secretary, Ministry of Home Affairs, New Delhi within fifteen days of the opening of any account.

(2) [* * *]

(d) A person seeking prior permission under this rule shall be required to open an exclusive bank account for the receipt of foreign contribution.

(e) person seeking prior permission under this rule may open one or more accounts in one or more banks for the purpose of utilising the foreign contribution after it has been received and in all such cases intimation [electronically online in form FC-6] shall be furnished to the Secretary, Ministry of Home Affairs, New Delhi within fifteen days of the opening of any account.

(3) No person shall 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.

(4) (a) An application made for the grant of prior permission shall be accompanied by a fee of Rs. 1000/- (One Thousand only).

(b) An application made for the grant of the registration shall be accompanied by a fee of 2000/- (Two Thousand only).

(c) The fee may be revised by the Central Government from time to time.

(d) The fee, as applicable, shall be remitted by demand draft or banker's cheque in favour of the "Pay and Accounts Officer, Ministry of Home Affairs", payable at New Delhi [or through online electronic payment gateway as specified by the Central Government].

(5) Notwithstanding anything contained in sub-rules (1) to (4), every application made for registration or prior permission under the Foreign Contribution (Regulation) Act, 1976 (49 of 1976) 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 these rules, subject to the condition that the applicant furnishes the prescribed fees for such registration or prior permission, as the case may be.

  1. Validity of certificate.- Every certificate or registration granted to a person under the Act shall be valid for a period of five years from the date of its issue.
  2. Maintenance of accounts.- Every person who has been granted registration or prior permission under section 12 shall maintain a separate set of accounts and records, exclusively, for the foreign contribution received and utilised.
  3. Renewal of registration certificate.- (1) Every certificate of registration issued to a person shall be liable to be renewed after the expiry of five years from the date of its issue on proper application.

(2) Every person shall apply to the Central Government in Form [FC-3], six months before the date of expiry of the certificate of registration, for its renewal.

[* * *]

(4) An application made for renewal of the certificate of registration shall be accompanied by fee of Rs. 500/- (Five Hundred only).

(5) The fee for renewal of the certificate of registration shall be remitted by demand draft or banker's cheque in favour of the "Pay and Accounts Officer, Ministry of Home Affairs", payable at New Delhi [or through online electronic payment gateway as specified by the Central Government].

(6) In case no application 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.

Illustration. - A certificate of registration granted on the 1st January, 2012 shall he valid till the 31st December, 2016. A request for renewal of the registration certificate shall reach the Central Government, accompanied by the requisite fee, by the 30th June, 2016. If no application is received or is not accompanied by the renewal fee, the validity of the registration certificate issued on the 1st January 2012 shall be deemed to have lapsed with effect from the close of the day on 31st December, 2016.

(7) If the validity of the certificate of registration of a person has ceased in accordance with the provisions of these rules, a fresh request for the grant of a certificate of registration may be made by the person to the Centra1 Government as per the provisions of rule 9.

(8) In case a person provides sufficient grounds, in writing, explaining the reasons for not submitting the certificate of registration for renewal within the stipulated time, his application may be accepted for consideration along with the requisite fee, but not later than four months after the expiry of the original certificate of registration.

[13. Declaration of receipt of foreign contribution. - (a) A person who has been granted a certificate of registration or prior permission shall place the audited statement of accounts on receipts and utilisation of the foreign contribution, including income and expenditure statement, receipt and payment account and balance sheet for every financial year beginning on the first day of April within nine months of the closure of the financial year on its official website or on the website as specified by the Central Government.

(b) A person receiving foreign contribution in a quarter of the financial year shall place details of foreign contribution received on its official website or on the website as specified by the Central Government within fifteen days following the last day of the quarter in which it has been received clearly indicating the details of donors, amount received and date of receipt.]

  1. Extent of amount that can be utilised in case of suspension of the certificate of registration.- The unspent amount that can be utilised in case of suspension of a certificate of registration may be as under -

(a) In case the certificate of registration is suspend 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 utilised only after revocation of suspension of the certificate of registration.

  1. Custody of foreign contribution in respect of a person whose certificate has been cancelled.- (1) 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.

(2) If a person whose certificate of registration has been cancelled transfers/has transferred the foreign contribution to any other person, the provisions of sub-rule (1) of this rule shall apply to the person to whom the fund has been transferred.

[16. Reporting by banks of receipt of foreign contribution. - The bank shall report to the Central Government within forty-eight hours any transaction in respect of receipt or utilisation of any foreign contribution by any person whether or not such person is registered or granted prior permission under the Act.]

OLD LAW 6
  1. Intimation of foreign contribution by the recipient.- [(1) Every person who receives foreign contribution under the Act, shall submit a signed or digitally signed report electronically online in Form FC-4 with scanned copies of income and expenditure statement, receipt and payment account and balance sheet for every financial year beginning on the 1st day of April within nine months of the closure of the financial year.]

(2) The annual return in Form [FC-4] 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.

(3) If the foreign contribution relates only to articles, the intimation shall be submitted in Form [FC-1].

(4) If the foreign contribution relates to foreign securities, the intimation shall be submitted in Form [FC-1].

(5) Every report submitted under sub-rules (2) to (4) shall be duly certified by a chartered accountant.

(6) Every such return in Form [FC-4] shall also be accompanied by a copy of statement of account from the bank where the exclusive foreign contribution account is maintained by the person, duly certified by an officer of such bank.

(7) The accounting statements referred to above in the preceding sub-rule shall be preserved by the person for a period of six years.

(8) A 'Nil' report shall be furnished even if no foreign contribution is received during a financial year.

[Provided that where foreign contribution has not been received or utilised during a financial year, it shall not be required to enclose certificate from Chartered Accountant or income and expenditure statement or receipt and payment account or balance sheet with Form FC-4.]

[17A. Change of designated bank account, name, address, aims, objectives or Key members of the association. - A person who has been granted a certificate of registration or prior permission under section 11 of the Act shall intimate electronically online in Form FC-6, within fifteen days, of any change in the following, namely:-

(i) name of the association or its address within the State for which registration/ prior permission has been granted under the Act;

(ii) its nature, aims and objects and registration with local/relevant authorities,;

(iii) bank and/or branch of the bank and/or designated foreign contribution account number; and

(iv) key members of the association if at any point of time such change causes replacement of fifty percent or more of the original key members as reported in the application for grant of registration/ prior permission/ renewal of registration under the Act.]

  1. Foreign contribution received by a candidate for election.- Foreign contribution received by a candidate for election, referred to in section 21, shall be furnished in Form [FC-1]within forty-five days from the date on which he is duly nominated as a candidate for election.
  2. Limit to which a judicial officer, not below the rank of an Assistant Sessions Judge may make adjudication or order confiscation.- An officer referred in clause (b) of sub-section (1) of section 29 may adjudge confiscation in relation to any article or currency seized under section 25, if the value of such article or the amount of such currency seized does not exceed Rs. 10,000,000/- (Ten Lakh only).
  3. Revision.- An application for revision of an order passed by the competent authority under section 32 of the Act shall be made to the Secretary, Ministry of Home Affairs, Government of India, New Delhi on a plain paper. It shall be accompanied by a fee of Rs. 1000/- (One Thousand only) in the form of a demand draft or a banker's cheque in favour of the "Pay and Accounts Officer, Ministry of Home Affairs", payable at New Delhi.
  4. Compounding of offence.- An application for the compounding of an offence under section 41 may be made to the Secretary, Ministry of Home Affairs, New Delhi on a plain paper and shall be accompanied by a fee of Rs. 1000/- (One Thousand only) in the form of a demand draft or a banker's cheque in favour of the "Pay and Accounts Officer, Ministry of Home Affairs", payable at New Delhi.
  5. Returns by the Investigating Agency to the Central Government.- The Central Bureau of Investigation or any other Government investigating agency that conducts any investigation under the Act shall furnish reports to the Central Government on a quarterly basis, indicating the status of each case that was entrusted to it, including information regarding the case number, date of registration, date of filing charge sheet, court before which it has been filed, progress of trial, date of judgment and the conclusion of each case.
  6. Authority to whom an application or intimation to be sent.- Any information or intimation about political or speculative activities of a person as mentioned in rule 3 or rule 4, shall be furnished to the Secretary to the Government of India in the Ministry of Home Affairs, New Delhi. Such information or intimation shall be sent by registered post.
  7. Procedure for transferring foreign contribution to other registered or unregistered persons.- (1) Any person intending to transfer the foreign contribution may make an application to the Central Government in Form [FC-5].

(2) The Central Government may permit the transfer in respect of a person who has been granted the certificate of registration or prior permission under section 11 of the Act, in case the recipient person has not been proceeded against under any provision of the Act.

(3) Any transfer of foreign contribution shall be reflected in the returns in Form [FC-4] as well as in Form FC-10 by the transferor and the recipient.

(4) In case the foreign contribution is proposed to be transferred to a person who has not been granted a certificate of registration or prior permission by the Central Government, the person concerned may apply for permission to the Central Government to transfer a part of the foreign contribution, not exceeding ten per cent, of the total value of the foreign contribution received. The application shall be countersigned by the District Magistrate having jurisdiction in the place where the transferred funds are sought to be utilised. The District Magistrate concerned shall take an appropriate decision in the matter within sixty days of the receipt of such request from the person. The donor shall not transfer any foreign contribution until the Central Government has approved the transfer.

[Form FC-1]

[See rule 6, 17 and 18]

The Secretary to the Government of India,

Ministry of Home Affairs,

Foreigners Division (FCRA Wing)

NDCC-II Building, Jai Singh Road

New Delhi – 110001.

Subject: Intimation to the Central Government of receipt of foreign contribution by way of gift from relative by an individual / Foreign Contribution in the form of Articles/ Securities/ by a candidate for Election [section 21 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010):

Sir,

I, ........................... as an individual/ association/ company registered under Companies Act 1956/ Companies Act 2013, hereby gives intimation of

Receipt of foreign contribution by way of gift from relative Yes/ No
Foreign Contribution (Articles) Account Yes/ No
Foreign Contribution (Securities) Account Yes/ No
Receipt of foreign contribution by a candidate for Election Yes/ No

Part A

(To be filled by applicant giving intimation of receipt of foreign contribution by way of gift from relative)

  1. Name of the recipient in full (in block letters):
  2. Date of birth:
  3. Name of Father/Spouse:
  4. Contact details of the recipient

(a) Address:

(b) Telephone and mobile number with STD code

(c) e-mail address

  1. Permanent Account Number (PAN) of the recipient in India:
  2. Amount of foreign contribution received, if it exceeds Rs. 1 lakh or equivalent in a financial year:
  3. Number of the Bank Draft or telegraphic transfer or other communication including the Bank Details:

8.Details of the relative:

(a) Name:

(b) Nationality

(c) Country of residence

(d) e-mail address

(e) Passport Number

(f) Relationship with the recipient

Declaration

I hereby declare that the above particulars furnished by me are true and correct.

Place:

Date:

Signature of the applicant

(Name, in block letters)

Part B

(To be filled by applicant giving intimation about Foreign Contribution (Articles) Account/ Foreign Contribution (Securities) Account)

  1. Details of the applicant:

(i) Name in full:

(ii) Contact Details:

(a) Address

(b) Official Telephone No.(with STD code):

(c) Official e-mail address

(iii) FCRA Registration/Prior Permission number and date, if any

(iv) PAN (Permanent Account Number) of the Association:

  1. Details of articles :
Date Name of article (s) Description Name and address of the person from whom received Purpose Quantity Approximate value (Rs.) Mode of Utilisation/Disposal (if disposed to whom)
(1) (2) (3) (4) (5) (6) (7) (8)
  1. Details of securities
Date Nature of security received Name and address of the person from whom received Nominal Value (Rs.) Market value (Rs.) Reserve Bank of India permission details Mode of Utilisation/ Disposal (if disposed to whom)
(1) (2) (3) (4) (5) (6) (7)

Declaration

I hereby declare that the above particulars furnished by me are true and correct.

Place:

Date:

Signature of the Applicant

(Name of the applicant in block letters)

Official Seal

Part C

[To be filled for giving intimation to the Central Government of Receipt of Foreign Contribution received by a candidate for Election section 21 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010)]

  1. Name in full:
  2. Date of Birth:
  3. Name of father/spouse:
  4. Contact details

(a) Address:

(b) e-mail address

(c) telephone and mobile number (with STD Code)

  1. Date on which duly nominated as a candidate for election to a Legislature and particulars of Legislature: (See section 21 of the Act)
  2. Details of foreign contribution received within one hundred and eighty days immediately preceding the date on which duly nominated as a candidate for election
Foreign contribution received as cash/ article/ securities Value (Rs.) Purpose Donor name, address and e-mail address Individual Donor Nationality Relationship with donor Utilisation details
(1) (2) (3) (4) (5) (6) (7)

Declaration

I hereby declare that the above particulars furnished by me are true and correct.

Place:

Date:

Signature of the candidate

(Name, in block letters)

Form FC-2

[See rule 7(1)]

The Secretary to the Government of India,

Ministry of Home Affairs,

Foreigners Division (FCRA Wing)

NDCC-II Building, Jai Singh Road

New Delhi – 110001

Subject: Application for seeking prior permission of the Central Government to accept foreign hospitality.

[Note: For foreign hospitality availed in case of emergent medical aid situation, intimation to be given on plain paper to the Secretary, Ministry of Home Affairs at the address mentioned in FORM FC-2, within sixty days of such receipt of foreign hospitality.]

  1. Name in full:
  2. Date of Birth:
  3. Name of father/husband:
  4. Contact details:

(a) Address:

(b) Telephone and mobile number with STD Code:

(c) e-mail address

  1. Passport particulars (if already in possession):
  2. Status: - (a) Member of Legislature (b) Office bearer of a political party (c) Judge of Supreme Court/High Court (d) Government servant (e) Employee of a Corporation or any other Body owned or controlled by Govt.
  3. Details of hospitality proposed to be availed
Names of cities/ countries for which hospitality is to be accepted Duration of stay

 

From/ To

Purpose of visit Nature of hospitality to be accepted Duration of hospitality to be accepted Approximate expenditure to be incurred on hospitality (Rs.) Remarks
In Cash In kind
(1) (2) (3) (4) (5) (6) (7) (8)
  1. Particulars of host(s): -
Nature of Host – individual/ Organisation Full Name Nationality/ Passport Number Profession Address e-mail address Fixed line telephone Number (with code);

 

Mobile Number

(1) (2) (3) (4) (5) (6) (7)
  1. Nature of connection/relationship with the host and/or foreign source extending the hospitality:
  2. Letter from the host regarding the details of hospitality to be extended and Recommendation Letter from the organisation to which the applicant belongs are to be enclosed.

Declaration

I hereby declare that the above particulars furnished by me are true and correct.

Place:

Date:

Signature of the applicant

(Name, in block letters)

Form FC - 3

[See rule 9 (1) (a)/ rule 12]

No_________________

Date ________________

The Secretary to the Government of India,

Ministry of Home Affairs,

Foreigners Division (FCRA Wing)

NDCC-II Building,

Jai Singh Road

New Delhi – 110001

Subject: Application for 'registration'/ 'prior permission'/ 'renewal' under section 11 (1) & (2) / section 16 of the Foreign Contribution (Regulation) Act, 2010 for the acceptance of foreign contribution by an Association having definite cultural, economic, educational, religious or social programme:

Sir,

I ________________________________________________________, as an individual/ Hindu Undivided Family / association / company registered under Companies Act 1956 / Companies Act, 2013, furnish the following details and apply for approval of the Central Government for the acceptance of foreign contribution under sub-section (1) / (2) of section 11/ Section 16 of the Act for

(a) Registration Yes/No
(b) prior permission Yes/No
(c) Renewal Yes/No
  1. Details of the applicant/Association:

(a) Name in full:

(b) Address:

(c) Telephone No. of the Association (with STD Code):

(d) e-mail address of the association

(e) official Website address, if any:

(f) Telephone and mobile (with STD code) of the Chief Functionary

  1. Details of Registration:

(a) Name of the Act like Societies Registration Act, 1860, Indian Trust Act, 1882, Companies Act, 1956/ Companies Act, 2013, etc under which the association is registered:

(b) Number, date and place of Registration:

(self-certified copy of the registration certificate to be enclosed):

(c) PAN (Permanent Account Number) of the Association:

(d) FCRA Regn No. and date (in case of renewal) – copy of certificate to be enclosed:

  1. Nature of Association:

(a) religious (b) cultural (c) economic (d) educational (e) social

Note: If a religious Association, state whether (a) Hindu (b) Sikh (c) Muslim (d) Christian (e) Buddhist (f) Others.

  1. Main aim(s) and object(s) of the Association

(enclose self-certified copy of relevant pages of the Memorandum of Association and/or the Articles of Association, showing aims and objects of association):

  1. (a) Details of the key functionaries of the Association:
Name Name of father/ spouse Nationality Aadhaar Number, if any Occupation Designation in the Association Relationship with other Member(s) of the Executive Council/ Governing body/ Office bearers Contact Details: Office Address; Residential Address; e-mail address;; Landline No.; mobile No.
(1) (2) (3) (4) (5) (6) (7) (8)

(b) If any of the above is a foreigner (including PIO/OCI card holder), details thereof

Name Date and Place of birth Passport number Address in the foreign country Whether a person of Indian origin PIO/ OCI Card Number, if any If resident in India, date from which residing in India
(1) (2) (3) (4) (5) (6) (7)
  1. Amount of fee paid (Rs.):
  2. Whether any current Key functionary of the Association has, in the discharge of his/her official functions or private conduct:

(a) been convicted by any court of law:

(b) under prosecution for any offence pending against him/her:

(c) been found guilty of diversion or mis-utilisation of funds of the Association or any other Association in the past:

(d) has been prohibited from accepting foreign contribution:

(e) is a current Key functionary of any other association:

(f) is a current Key functionary of any other association against whom an order under section 13 or 14 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) has been passed:

Note: If any of the replies to (a) to (f) above is “yes”, then full details of the case must be given

  1. Whether the applicant Association:

(a) is a branch / unit / associate of a foreign based organisation or another association already registered or granted prior permission under the Act. If so, name, address of the organization and registration number/ prior permission number and date:

(b) attracts section 10 of the Act and if so, details of the order passed by the Central Government under section 11(3) of the Act:

(c) has been directed in terms of section 9 (d) of the Act to seek prior permission by the Central Government. If so, the number and date of the relevant order:

(d) had earlier been proceeded against as per provision of the Foreign Contribution (Regulation) Act, 1976 (49 of 1976)/ Foreign Contribution (Regulation) Act 2010 (42 of 2010), if so, the details thereof:

  1. (a) Details of designated FC bank account for receipt of Foreign Contribution:
Name of the Bank Branch Address (with PIN Code) IFSC Code Account No.
(1) (2) (3) (4)
  1. (b) Details of all utilisation bank accounts for utilisation of Foreign Contribution (To be filled by applicant applying for renewal of registration):
Name of the Bank Branch Address (with PIN Code) IFSC Code Account No.
(1) (2) (3) (4)
  1. (i) (a) If granted prior permission in past to receive foreign contribution,number and date of sanction:

(b) Date of submission of yearly accounts thereof:

(ii) Whether:

(a) the Association has received foreign contribution without prior permission in the past. If so, furnish full particulars

(b) said violation has been condoned/ compounded by the Central Government, if so, the number and date of the relevant order:

(c) Association has been prohibited from accepting foreign contribution, if so, details thereof

  1. Whether:

(i) the Association had applied for registration under the Foreign Contribution (Regulation) Act, 1976 (49 of 1976) / Foreign Contribution (Regulation) Act 2010 (42 of 2010) in the past, and if so details thereof,

(ii) the Association had applied for prior permission under the Foreign Contribution (Regulation) Act, 1976 (49 of 1976) / Foreign Contribution (Regulation) Act 2010 (42 of 2010) in the past, and if so, details thereof,

(iii) the Association has close links with any another Association(s), or its unit(s) or branches, which has been,

(a) refused registration / prior permission :

(b) prohibited from accepting foreign contribution:

(c) suspended or whose registration has been cancelled:

(d) if answer to any of (a) to (c) is yes, please give full particulars.

  1. Details of commitment of foreign contribution from donor. (applicable to prior permission cases only):
Nature of the foreign contribution Value (including name of currency) Name of the project/ Activity; address of implementation with brief details of the project and budget break-up Purpose (Cultural/ economic/ educational/ religious/ social)
(1) (2) (3) (4)

(A copy of the latest and duly signed commitment letter from the donor to be enclosed)

  1. Details of foreign source(s) from which the foreign contribution is proposed to be received (applicable to prior permission cases only):
Name of foreign source Office Address; official e-mail address In case of individual donor
(1) (2) (3)
    Name of father/ spouse Nationality and Passport no. Occupation

Yours faithfully,

Signature of the Chief Functionary

[Name of the Chief Functionary in block letters]

(Seal of the Association)

Declaration and Undertaking

(a) I hereby declare that the information furnished above is true and correct;

And I undertake:

(b) that the receipt of foreign contribution and its utilisation shall not be violative of any of the provisions of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010)/rules, notifications/orders issued there under from time to time;

Place:

Date:

Signature of the Chief Functionary

[Name of the Chief Functionary in block letters]

(Seal of the Organisation/Association)

Note: Applicant seeking registration are also to enclose audited statement of accounts and activity report of the association for the last three years.

Form FC - 4

[See rule 17]

The Secretary to the Government of India,

Ministry of Home Affairs,

Foreigners Division (FCRA Wing)

NDCC-II Building, Jai Singh Road

New Delhi – 110001

Subject: Account of Foreign Contribution for the year ending on the 31st March__________________

  1. FCRA registration/ prior permission number and date:
  2. Details of receipt and utilisation of foreign contribution:

(i) Foreign Contribution received in cash/ kind (value)

(a) Brought forward foreign contribution at the beginning of the year (Rs.)  
(b) Interest or other receipt during the year*  
(c) Foreign Contribution received during the financial year  
  (i) Directly from a foreign source  
  (ii) as transfer from a local source  
(d) Total Foreign Contribution (a+b+c) (Rs.)  

* i.e. interest accrued on foreign contribution, or any other income derived from foreign contribution, e.g. sale proceeds from assets created from foreign contribution, or interest thereon during the year

(ii) (a) Donor wise detail of foreign contribution received in excess of Rupees 20,000:

Sl. No. Name of donor(s) Institutional/ Individual Details of the donor: Official Address : e-mail address; Website address; Purpose(s) for which received Amount (Rs.)
(1) (2) (3) (4) (5) (6)

(b) Cumulative purpose-wise amount of all foreign contribution donations received:

(iii) Details of utilisation of foreign contribution:

(a) Total Utilisation** for projects as per aims and objectives of the association (Rs.)  
(b) Total Administrative Expenses as provided in Rule 5, FCRR 2011 (Rs.)  
(c) Total invested in term deposits (Rs.)  
(d) Total purchase of fresh assets (Rs.)  
(e) Total utilisation in the year (Rs.) (a+b+c+d)  

** It is affirmed that the utilisation of foreign contribution is not in contravention of the provisions contained in FCRA, 2010 and more particularly in Section 9 and Section 12 of the Act which, inter-alia, states that the acceptance of foreign contribution is not likely to affect prejudicially

(A) the sovereignty and integrity of India; or

(B) the security, strategic, scientific or economic interest of the State; or

(C) the public interest; or

(D) freedom or fairness of election to any legislature; or

(E) friendly relations with any foreign State; or

(F) harmony between religious, racial, social, linguistic or regional groups, castes or communities

(iv) Balance of unutilised foreign contribution, in cash/bank, at the end of the year (Rs):

(v) Total number of foreigners working (salaried/ in honorary capacity):

3 (a) Details of designated FC bank account for receipt of Foreign Contribution (As on 31st March of the year ending):

Name of the Bank Branch Address (with PIN code) IFSC Code Account No.
(1) (2) (3) (4)

(b) Details of all utilisation bank accounts for utilisation of Foreign Contribution (As on 31st March of the year ending):

Name of the Bank Branch Address (with PIN code) IFSC Code Account No.
(1) (2) (3) (4)

Declaration

I hereby declare that the above particulars furnished by me are true and correct.

I also affirm that the receipt of foreign contribution and its utilisation have not been violative of any of the provisions of the Foreign Contribution (Regulation) Act, 2010, rules, notifications/ orders issued there under from time to time and the foreign contribution was utilised for the purpose(s) for which the association was granted registration/ prior permission by the Central Government.

Place:

Date:

Signature of the Chief Functionary

(Name of the Chief Functionary in block letters)

(Seal of the Association)

Certificate to be given by Chartered Accountant

I/We have audited the account of __________________________________ (name of Association and its full address including State, District and Pin Code, if registered society, its registration number and State of registration) for the financial year ending the 31st March____________ and examined all relevant books and vouchers and certify that according to the audited account:

(i) the brought forward foreign contribution at the beginning of the financial year was Rs._________;

(ii) foreign contribution of / worth Rs._________ was received by the Association during the financial year ________;

(iii) interest accrued on foreign contribution and other income derived from foreign contribution or interest thereon of/worth Rs._________ was received by the Association during the financial year ________;

(iv) the balance of unutilised foreign contribution with the Association at the end of the financial year________ was Rs. _________________;

(v) Certified that the Association has maintained the accounts of foreign contribution and records relating thereto in the manner specified in Section 19 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) read with rule 17 of the Foreign Contribution (Regulation) Rules, 2011.

(vi) The information in this certificate and in the enclosed Balance Sheet and statement of Receipt and Payment is correct as checked by me/us.

(vii) The association has utilised the foreign contribution received for the purpose(s) it is registered/ granted prior permission under Foreign Contribution (Regulation) Act, 2010.

Place:

Date:

Signature of Chartered Accountant

(Seal, Address and Registration number)

Form FC – 5

[See rule 24 (1)]

The Secretary to the Government of India,

Ministry of Home Affairs,

Foreigners Division (FCRA Wing)

NDCC-II Building,

Jai Singh Road

(Opposite Jantar Mantar)

New Delhi – 110001

Subject: Application for seeking permission for transfer of foreign contribution to other un-registered persons.

Sir,

I _____________________________, on behalf of the Association ___________ apply for seeking permission of the Central Government under the proviso to Section 7 of Foreign Contribution (Regulation) Act, 2010 (42 of 2010) for transfer of foreign contribution to other un-registered persons, as per details given below:

  1. FCRA registration/ prior permission Number and date of the applicant/ transferor association:
  2. Details of the recipient /transferee association:

(i) Name in full:

(ii) Contact Details

(a) Address:

(b) Official Telephone No. of the Association (with STD code):

(c) Official e-Mail address:

(d) Telephone and mobile number of the Chief Functionary (with STD code):

(iii) PAN (Permanent Account Number) of the Association:

  1. Details of registration of recipient /transferee association:

(a) Name of the Act like Societies Registration Act, 1860, Indian Trust Act, 1882, Companies Act, 1956/ Companies Act, 2013, etc. under which the association is registered:

(b) Registration number, date and place of registration:

(self-certified copy of the registration certificate to be enclosed)

  1. Amount of Foreign contribution to be transferred:
  2. Purpose for the proposed transfer of foreign contribution
  3. Bank details and exclusive FCRA designated account number opened by the recipient, in which FC is proposed to be transferred:
Name of the Bank Branch Address (with PIN code) IFSC Code Account No.
(1) (2) (3) (4)

I hereby declare that the information furnished above is true and correct.

Signature of the Chief Functionary

[Name of the Chief Functionary in block letters]

(Seal of the Association)

Note: (i) Every application shall be accompanied by a declaration from the transferor Association to the effect that—

(a) the amount proposed to be transferred during the financial year is less than ten per cent of the total value of the foreign contribution received by him during the financial year;

(b) the transferor shall not transfer any amount of foreign contribution until the Central Government approves such transfer.

(ii) Both the transferor and the recipient shall be responsible for ensuring proper utilisation of the foreign contribution so transferred and such transfer of foreign contribution shall be reflected in the returns in Form FC-4 to be submitted by both the transferor and the recipient.

Form FC-6

[See rule 9 and 17A]

The Secretary to the Government of India,

Ministry of Home Affairs,

Foreigners Division (FCRA Wing)

NDCC-II Building, Jai Singh Road

New Delhi – 110001

Subject: Intimation under Rule 9 and Rule 17 A of the Foreign Contribution (Regulation) Rules, 2010 (42 of 2010) to the Central Government regarding Change of designated bank account, Utilisation Account, name/ address/ aims/ objectives/ Key members in respect of the association granted registration/ prior permission under Foreign Contribution (Regulation) Act, 2010:

Sir,

I, ..................... as an individual/ association/ company hereby submit the following intimation as required under Rule 17A of the Foreign Contribution (Regulation) Rules, 2011:

Change of name and/ or aims and objects of the association Yes/ No
Change of address within the State for which registration/ prior permission granted under the above Act Yes/ No
Change of designated bank/ branch/ bank account number for receipt and utilisation of foreign contribution Yes/ No
Opening of Utilisation Bank Account for the purpose of utilisation of foreign contribution Yes/ No
Change in more than 50% Key members of the association Yes/ No
  1. FCRA Registration/ Prior Permission number and date of the association:
  2. Official telephone number of the association:
  3. E-mail address of the association:
  4. Telephone/ mobile number of the Chief Functionary of the association:

Part A

(To be filled by applicant giving intimation regarding Change of name and/ or aims and objects of the association)

(i) Amended/ changed name of the association as recorded with local/ relevant authority

(ii) Amended/ changed aims and objects of the association as recorded with local/ relevant authority

(self-certified copy of amendment approved by local/relevant authority to be enclosed)

Part B

(To be filled by applicant giving intimation regarding Change of address within the same State from which granted registration/ prior permission under FCRA, 2010 Act)

New Address of the association:

Part C

(To be filled by applicant giving intimation regarding Change of designated bank/ branch of the bank/account number for receipt and utilisation of foreign contribution)

Details of the new designated bank account of the association for receipt and utilisation of foreign contribution

Name of the Bank Branch Address IFSC Code Account No.
(1) (2) (3) (4)

(self-certified copies of letter from the existing bank and the new bank regarding the change to be enclosed)

Part D

(To be filled by applicant giving intimation of opening of Utilisation Bank Account(s) for the purpose of utilisation of foreign contribution)

Name of the Bank Branch Address IFSC Code Utilisation Account Number
(1) (2) (3) (4)

Part E

(To be filled by applicant giving intimation regarding change in more than 50% of key members of the association)

Details of all the key members of the association after change in 50 per cent or more of the original key members, as reported in the application for grant of registration/prior permission/renewal of registration of the association under FCRA, 2010:

Name Name of father/ spouse Nationality Aadhaar Number, if any Occupation Designation in the Association Relationship with other Member(s) of the Executive Council/ Governing body/ Office bearers Contact Details: Office Address; Residential Address; email address; Landline No.; mobile No.
(1) (2) (3) (4) (5) (6) (7) (8)

If any of the above is a foreigner (including PIO/OCI card holder), details thereof

Name Date and Place of birth Passport number Address in the foreign country Whether a person of Indian origin PIO/ OCI Card Number, if any If resident in India, date from which residing in India
(1) (2) (3) (4) (5) (6) (7)

I hereby affirm that the information furnished above is true and correct and

(a) Change of name and/ or aims and objects; address of the association has been duly recorded with the concerned registering authority

(b) The resolution of the governing body has been passed before effecting the changes

(c) The Bank authorities have been duly informed about change in the designated bank account / opening of Utilisation account

(d) None of the key members has been appointed in violation of section 12(4) of Foreign Contribution (Regulation) Act 2010

(strike out whichever is not applicable)

Signature of the Chief Functionary

[Name of the Chief Functionary in block letters]

(Seal of the Association)

 

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Related judgement on Foreign Contribution Regulation Rules, 2011