1Short title and commencement.
These rules may be called the Foreign Contribution (Regulation) Rules, 2011.
They shall come into force on the date on which the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) shall come into force.
2Definitions.
In these rules unless the context otherwise requires,-
"Act" means the Foreign Contribution (Regulation) Act 2010;
"bank account" means a bank account in a core banking compliant bank, which is integrated with the Public Financial Management System (PFMS);
"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;
"electronic form" shall have the same meaning assigned to it in clause (r) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000);
"Form" means a form appended to these rules;
"section" means section of the Act;
"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;
"FCRA Account" means the FCRA Account referred to in section 17 of the Act.
Words and expressions used and not defined herein but defined in the Act shall have the meaning assigned to them in the Act.
3Guidelines 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:-
organisation having avowed political objectives in its Memorandum of Association or bylaws;
any Trade Union whose objectives include activities for promoting political goals;
any voluntary action group with objectives of a political nature or which participates in political activities;
front or mass organisations like Students Unions, Workers' Unions, Youth Forums and Women's wing of a political party;
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;
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.
The organisations specified under clauses (v) and (vi) of sub-rule (1) shall be considered to be of political nature, if they participate in active politics or party politics, as the case may be.
4Speculative activities.
The following activities shall be treated as speculative activities:-
any activity or investment that has an element of risk of appreciation or depreciation of the original investment, linked to market forces, including investment in mutual funds or in shares;
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.
A debt-based secure investment shall not be treated as speculative investment.
Every association shall maintain a separate register of investments.
Every register of investments maintained under sub-rule (3) shall be submitted for audit.
5Administrative expenses.
The following shall constitute administrative expenses:-
salaries, wages, travel expenses or any remuneration realised by the Members of the Executive Committee or Governing Council of the person;
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;
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;
cost of accounting for and administering funds;
expenses towards running and maintenance of vehicles;
cost of writing and filing reports;
legal and professional charges; and
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.
Provided also that the association shall have the option to carry forward the unspent part of allowable administrative expenses in a financial year to the immediately succeeding financial year, for reasons to be mentioned in Form FC-4.
6Intimation of receiving foreign contribution from relatives.
Any person receiving foreign contribution in excess of ten lakh rupees or equivalent thereto in a financial year from any of his relatives shall inform the Central Government regarding the details of the foreign contribution received by him in electronic form in Form FC-1 within three months from the date of receipt of such contribution.
6A.When articles gifted for personal use do not amount to foreign contribution.
Any article gifted to a person for his personal use whose market value in India on the date of such gift does not exceed one lakh rupees shall not be a foreign contribution within the meaning of sub-clause (i) of clause (h) of sub-section (1) of section (2).
7Receiving foreign hospitality by specified categories of persons.
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 electronic form in Form FC-2 for prior permission to accept such foreign hospitality.
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.
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.
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 one month 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.
8Action in respect of article, currency or security received in contravention of the Act.
The Central Government may issue a prohibitory order for contravention of the Act in respect of any article, currency or securities.
The prohibitory order issued under sub-rule (1) shall be served on the person concerned in the following manner :-
by delivering or tendering it to that person or to his duly authorised agent; or
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
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.
9Application for obtaining 'registration' or 'prior permission' to receive foreign contribution.
An application for certificate of registration by a person under sub-section (1) of section 11, for acceptance of foreign contribution shall be made in electronic form in Form FC-3A with an affidavit executed by each office bearer and key functionary and member in Proforma 'AA' appended to these rules and an application for obtaining prior permission by a person under sub-section (2) of section 11, for acceptance of foreign contribution, shall be made in electronic form in Form FC-3B with an affidavit executed by each office bearer and key functionary and member in Proforma 'AA' appended to these rules.
The applicant shall upload the signed or digitally signed application along with scanned documents as specified by the Central Government from time to time.
Any person whose request has ceased under clause (b) of sub-rule (1) may prefer a fresh on-line application with the Central Government only after six months from the date of cessation of the previous application.
Any person making an application for registration under clause (a) of sub-rule (1) shall have an FCRA Account.
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 in electronic form in form FC-6D shall be furnished to the Secretary, Ministry of Home Affairs, New Delhi within forty five days of the opening of any account.
A person seeking registration under clause (b) of sub-section (4) of section 12 of the Act shall meet the following conditions, namely:—
it shall be in existence for three years and have spent a minimum amount of rupees fifteen lakh on its core activities for the benefit of society during the last three financial years:
Provided that the Central Government, in exceptional cases or in cases where a person is controlled by the Central Government or a State Government may waive the conditions;
if the person wants inclusion of its existing capital investment in assets like land, building, other permanent structures, vehicles, equipment in the computation of its spending during last three years, then the chief functionary shall give an undertaking that the assets shall be vested henceforth with the person till the validity of the certificate and they shall be utilised only for the activities covered under the Act and the rules made thereunder and shall not be diverted for any other purpose till the validity of its certificate of registration remains valid.
Every application seeking registration under clause (a) of sub-rule (1), made before the commencement of these rules but not disposed of, shall be considered after furnishing the details of FCRA Account.
[Omitted]
[Omitted]
[Omitted]
Any person making an application for obtaining prior permission under clause (a) of sub-rule (1) shall have an FCRA Account.
A 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 in electronic form in Form FC-6D shall be furnished to the Secretary, Ministry of Home Affairs, New Delhi within forty five days of the opening of any account.
A person seeking prior permission for receipt of specific amount from a specific donor for carrying out specific activities or projects mentioned in clause (c) of sub-section (4) of section 12 of the Act shall meet the following criteria, namely:—
submit a specific commitment letter from the donor indicating the amount of foreign contribution and the purpose for which it is proposed to be given;
for the Indian recipient persons and foreign donor organisations having common members, prior permission shall be granted to the person subject to it satisfying the following conditions, namely:—
the chief functionary of the recipient person shall not be a part of the donor organisation;
seventy-five per cent. of the office-bearers or members of the governing body of the person shall not be members or employees of the foreign donor organisation;
in case of foreign donor organisation being a single individual that individual shall not be the chief functionary or office bearer of the recipient person; and
in case of a single foreign donor, seventy-five per cent. of the office bearers or members of the governing body of the recipient person shall not be the family members or close relatives of the donor.
Every application for obtaining prior permission under clause (a) of sub-rule (1) made before the commencement of these rules but not disposed of, shall be considered after furnishing the details of FCRA Account.
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.
An application made for the grant of prior permission shall be accompanied by a fee of rupees five thousand only, which shall be paid through the payment gateway specified by the Central Government.
An application made for the grant of registration shall be accompanied by a fee of rupees ten thousand only, which shall be paid through the payment gateway specified by the Central Government.
The fee may be revised by the Central Government from time to time.
[Omitted]
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.
9A.Permission for receipt of foreign contribution in application for obtaining prior permission.
If the value of foreign contribution on the date of final disposal of an application for obtaining prior permission under clause (a) of sub-rule (1) of rule 9 is over rupees one crore, the Central Government may permit receipt of foreign contribution in such instalments, as it may deem fit:
Provided that the second and subsequent instalment shall be released after submission of proof of utilisation of seventy five per cent. of the foreign contribution received in the previous instalment and after field inquiry of the utilisation of foreign contribution.
10Validity 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.
The validity of certificate surrendered under section 14A of the Act shall be deemed to have expired on the date of acceptance of the request by the Central Government.
11Maintenance 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.
12Renewal of registration certificate.
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.
An application for renewal of the certificate of registration shall be made to the Central Government in electronic form in Form FC-3C accompanied with an affidavit executed by each office bearer, key functionary and member in Proforma 'AA' appended to these rules within six months before the date of expiry of the certificate of registration.
Every person seeking renewal of the certificate of registration under section 16 of the Act shall open an FCRA Account and mention details of the account in his application for renewal of registration.
Every application for renewal of the certificate of registration made under sub-rule (2) before commencement of these rules, but not disposed of, shall be considered after furnishing the details of FCRA Account.
[Omitted]
An application made for renewal of the certificate of registration shall be accompanied by a fee of rupees five thousand only, which shall be paid through payment gateway specified by the Central Government.
No person whose certificate of registration has ceased to exist shall either receive or utilise the foreign contribution until the certificate is renewed.
If no application for renewal of registration is received or the application is not accompanied by requisite fee before the expiry of the validity of the certificate of registration, the validity of the certificate of registration shall be deemed to have ceased from the date of completion of the period of five years from the date of the grant of certificate of registration.
Note 1: A certificate of registration granted on the 1st January, 2012 shall be valid till the 31st December, 2016 and a request for renewal of certificate of registration shall be submitted in electronic form accompanied by requisite fee after the 30th June, 2016 and within the 31st December, 2016.
Note 2: If no application is received or is not accompanied by renewal fee, the validity of the certificate of registration issued on the 1st January 2012 shall be deemed to have ceased after the 31st December, 2016 and the applicant shall neither receive nor utilise the foreign contribution until the certificate of registration is renewed.
The amount of foreign contribution lying unutilised in the FCRA Account and utilisation account of a person whose certificate of registration is deemed to have ceased under sub-rule (6) and assets, if any, created out of the foreign contribution, shall vest with the prescribed authority under the Act until the certificate is renewed or fresh registration is granted by the Central Government.
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 Central Government as per the provisions of rule 9.
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 and with late fee of Rs.5000/- (Five Thousand rupees only), but not later than one year after the expiry of the original certificate of registration.
13Declaration of receipt of foreign contribution.-
[Omitted]
14Extent 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: -
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.
The remaining seventy-five per cent of the unutilised foreign contribution shall be utilised only after revocation of suspension of the certificate of registration.
15Custody of foreign contribution in respect of a person whose certificate has been cancelled.
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 bank concerned till the Central Government issues further directions in the matter.
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.
If the certificate of registration of a person who has opened an FCRA Account under section 17 is cancelled, the amount of foreign contribution lying unutilised in that Account shall vest with the prescribed authority under the Act.
15A.Voluntary surrender of certificate.
Every person who has been granted certificate of registration under section 12 of the Act may make an application in electronic form in Form FC-7 for surrender of the certificate of registration in terms of section 14A of the Act.
17Intimation of foreign contribution by the recipient.
Every person who receives foreign contribution under the Act, shall submit a signed or digitally signed report in electronic form 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.
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.
If the foreign contribution relates only to articles, the intimation shall be submitted in Form FC-1.
If the foreign contribution relates to foreign securities, the intimation shall be submitted in Form FC-1.
Every report submitted under sub-rules (2) to (4) shall be duly certified by a chartered accountant.
Every such return in Form FC-4 shall also be accompanied by a copy of a 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.
The accounting statements referred to above in the preceding sub-rule shall be preserved by the person for a period of six years.
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 under section 12 or prior permission under section 11 of the Act shall intimate in electronic form within forty five days, of any change in the following, namely:—
name of the association or its address within the State for which registration/ prior permission has been granted under the Act in Form FC-6A;
its nature, aims and objects and registration with local/relevant authorities in Form FC-6B;
bank and/or branch of the bank and/or designated foreign contribution account number in Form FC-6C;
bank and/or branch of the bank for the purpose of utilising the foreign contribution after it has been received in Form FC-6D; and
office bearers or key functionaries or members mentioned in the application for grant of registration or prior permission or renewal of registration, as the case may be, in Form FC-6E.
18Foreign 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 in electronic form within forty-five days from the date on which he is duly nominated as a candidate for election.
19Limit 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).
20Revision.
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 in such form and manner, including in electronic form as may be specified by the Central Government and it shall be accompanied by a fee of rupees three thousand only, which shall be paid through the payment gateway specified by the Central Government.
21Compounding of offence.
An application for compounding of an offence under section 41 may be made to the Secretary, Ministry of Home Affairs, New Delhi in electronic form and shall be accompanied by fee of rupees three thousand only, which shall be paid through the payment gateway specified by the Central Government.
22Returns 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.
23Authority 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 or in electronic form.
24Procedure for transferring foreign contribution to any unregistered person.
A person who has been granted a certificate of registration or prior permission under section 11 and intends to transfer part of the foreign contribution received by him to a person who has not been granted a certificate of registration or prior permission under the Act, may transfer such foreign contribution to an extent not exceeding ten per cent of the total value thereof and for this purpose, make an application to the Central Government in Form FC-5.
Every application made under sub-rule (1) shall be accompanied by a declaration to the effect that
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;
the transferor shall not transfer any amount of foreign contribution until the Central Government approves such transfer.
A person who has been granted a certificate of registration or prior permission under section 11 shall not be required to seek the prior approval of the Central Government for transferring the foreign contribution received by him to another person who has been granted a certificate of registration or prior permission under the Act provided that the recipient has not been proceeded against under any of the provisions of the Act.
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.
[Omitted]
[F. No. II/21022/10(1)/2010-FC-III]
(G.V.V. SARMA), Jt. Secy
The Secretary to the Government of India, Ministry of Home Affairs, Foreigners Division (FCRA Wing) New Delhi-110002
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/We (name of person/association), as an individual/ person/association/ company registered under Companies Act 1956/ Companies Act 2013, hereby, gives intimation of:
(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:
5. Permanent Account Number (PAN) of the recipient in India:
6. Aadhaar number of the recipient in India:
7. Amount of foreign contribution received, if it exceeds one lakh rupees or equivalent in a financial year:
8. Number of the bank draft or telegraphic transfer or other communication including the bank details:
9. Details of the relative: (a) Name: (b) Nationality: (c) Country of residence: (d) e-mail address: (e) Passport number: (f) Relationship with the recipient:
DeclarationI/We (name of person/association) hereby, declare that the above particulars furnished by me are true and correct.
Place: Date: Signature of the applicant (Name, in block letters)
(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 number (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 person/association: (v) Aadhaar number of the recipient in India:
2. Details of articles: [Table: Date | Name of article(s) | Description | Name and address of the person from whom received | Purpose | Quantity | Approximate Value (Rs.) | Mode of utilisation/disposal]
Details of securities: [Table: 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]
DeclarationI/We (name of person/association) 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
[To be filled for giving intimation to the Central Government of receipt of foreign contribution received by a candidate for election under 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):
5. Aadhaar number of the recipient in India:
6. Date on which duly nominated as a candidate for election to a legislature and particulars of legislature: (See section 21 of the Act):
7. Details of foreign contribution received within one hundred and eighty days immediately preceding the date on which duly nominated as a candidate for election: [Table: 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]
DeclarationI/We (name of person/association) hereby declare that the above particulars furnished by me are true and correct. Place: Date:
The Secretary to the Government of India, Ministry of Home Affairs, Foreigners Division (FCRA Wing) New Delhi-110002
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 one month of such receipt of foreign hospitality.]
1. Name in full:
2. Date of birth:
3. Name of father/husband:
4. PAN number:
5. Aadhaar number:
6. Contact details: (a) Address: (b) Telephone and mobile number with STD code: (c) e-mail address:
7. Passport particulars (if already in possession):
8. 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 Government:
9. Details of hospitality proposed to be availed: [Table]
10. Hospitality availed during the last three years: [Yes/No] (a) If yes, details thereof: [Table]
11. Whether acceptance of foreign hospitality was ever denied to the applicant, if yes, details thereof:
12. Particulars of host(s): [Table]
1. Nature of connection/relationship with the host 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 and UndertakingI/We (name of person/association) hereby declare that the above particulars furnished by me are true and correct.
Place: Date:
(self-certified copy of the registration certificate to be enclosed):
(c) PAN (Permanent Account Number) of the person/association:
4. Nature of the person/association: (a) religious (b) cultural (c) economic (d) educational (e) social
Note: If a religious person/association, state whether (a) Hindu (b) Sikh (c) Muslim (d) Christian (e) Buddhist (f) Others.
5. Main aim(s) and object(s) of the person/association (enclose self-certified copy of the memorandum of person/association and/or the articles of person/association):
6. (a) Details of all office bearers or directors or other key functionaries of the person/association: [Table: Name | Name of father/spouse | Nationality | Aadhaar number | PAN | Occupation | Designation | Relationship | Contact details]
(b) If any of the above is a foreigner (including PIO/OCI card holder), details thereof: [Table]
7. Amount of fee paid (Rs.):
8. Whether any current office bearers or directors or other key functionaries of the person/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: (c) been found guilty of diversion or mis-utilisation of funds: (d) has been prohibited from accepting foreign contribution: (e) is a current key functionary of any other person/association: (f) is a current key functionary of any other person/association against whom an order under sections 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.
9. Whether the applicant person/association: (a) is a branch / unit / associate of a foreign based organisation: (b) attracts section 10 of the Act: (c) has been directed in terms of clause (d) of section 9: (d) had earlier been proceeded against:
10. Details of "FCRA Account" for receipt of foreign contribution: [Table: Name of the Bank | Branch address | e-mail | IFSC Code | Account Number | Date of account opening]
11. Prior permission details and whether violations occurred:
12. Whether previous applications were made, and close links with other associations:
Yours faithfully, [Name of the chief functionary (Chairperson/President/Secretary/CEO/MD) in block letters] (Seal of the person/association)
Declaration and Undertaking(a) I/We (name of person/association) hereby declare that the information furnished above is true and correct;
(b) I/We (name of person/association) undertake 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) and the rules, notifications or orders issued thereunder from time to time; and
(c) I/We (name of person/association) hereby certify that the office bearers and key functionaries and members fulfill all the eligibility criteria laid out in sub-section (4) of section 12 of the Foreign Contribution (Regulation) Act, 2010 and an affidavit executed by each office bearer and key functionary and member in Proforma 'AA' is uploaded with this application form
Place: Date: [Name of the chief functionary (Chairperson/President/Secretary/CEO/MD) in block letters] (Seal of the Organisation/person/association)
Note: Applicant seeking registration shall enclose the following documents, namely:-
financial statements and audit reports of the last three financial years, including the statement of assets and liabilities, receipts and payments account, and income and expenditure account;
if the audit reports and financial statements do not contain activity-wise expenditure for the last three financial years, a chartered accountant's certificate in the format available on the website of Ministry of Home Affairs at https://fcraonline.nic.in specifying the activity-wise amount spent by the association, duly reconciled with the income and expenditure account and the receipt and payment account;
year-wise activity reports of last three years;
affidavit in proforma "AA" for each person mentioned in serial number 6 above;
in case the association is engaged in publication-related activities or if publication activities are among its aims and objectives as stated in the Memorandum of Association or trust deed, an undertaking from the Chief Functionary regarding compliance with section 3(1)(g) of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010), in the format available on the website of Ministry of Home Affairs at https://fcraonline.nic.in;
if the publication of the association is registered with the Registrar of Newspaper for India, a "Not a Newspaper" certificate from the Registrar of the Newspaper for India shall be submitted in the format available on the website of Ministry of Home Affairs at https://fcraonline.nic.in;
if the association was previously registered under the Foreign Contribution (Regulation) Act, 2010 (42 of 2010), an affidavit regarding receipt and utilisation of foreign contribution after expiry or cancellation of registration certificate shall be submitted in the format available on the website of Ministry of Home Affairs at https://fcraonline.nic.in and a copy of the FCRA designated and utilisation bank account statements from the date of expiry or cancellation till date, duly certified by an officer of the bank;
if the expenditure on aims and objects is less than 15 lakhs in last three financial years, an affidavit regarding the inclusion of capital investments under rule 9(1)(f)(ii) in the format available on the website of Ministry of Home Affairs at https://fcraonline.nic.in.
The Secretary to the Government of India, Ministry of Home Affairs, Foreigners Division (FCRA Wing) New Delhi-110002
Subject:—Application for 'prior permission' under sub-section (2) of section 11 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) for the acceptance of foreign contribution by a person/association having definite cultural, economic, educational, religious or social programme:
Sir, I/We (name of person/association), as an individual/ Hindu undivided family / person/association / company registered under the Companies Act 1956 or the Companies Act, 2013, furnish the following details and apply for approval of the Central Government for the acceptance of foreign contribution under sub-section (2) of section 11 of the Act for prior permission.
1. Details of the applicant/person/association: (a) Name in full: (b) Address: (c) Telephone No.: (d) e-mail address: (e) official Website address: (f) Telephone and mobile of the chief functionary:
2. Details of registration: (a) Name of the Act under which registered: (b) Number, date and place of registration: (c) PAN:
3. Nature of person/association: (a) religious (b) cultural (c) economic (d) educational (e) social
4. Main aim(s) and object(s) of the person/association (enclose self-certified copy of the memorandum of person/association and/or the articles of person/association):
5. (a) Details of all office bearers or directors or other key functionaries: [Table] (b) If any of the above is a foreigner, details thereof: [Table]
6. Amount of fee paid (Rs.):
7. Whether any current office bearers has: (a) been convicted: (b) under prosecution: (c) been found guilty of diversion: (d) been prohibited: (e) is current key functionary of other association: (f) is current key functionary of association against whom order passed:
8. Whether the applicant person/association: (a) is a branch/unit/associate of foreign organisation: (b) attracts section 10: (c) has been directed to seek prior permission: (d) had earlier been proceeded against:
9. Details of FCRA bank account for receipt of foreign contribution: [Table]
10. Prior permission details.
11. Whether previous applications were made.
12. Details of commitment of foreign contribution from donor: [Table]
1. Details of foreign source(s) from which the foreign contribution is proposed to be received: [Table]
Yours faithfully, [Name of the chief functionary (Chairperson/President/Secretary/CEO/MD) in block letters] (Seal of the person/association)
Declaration and Undertaking(a) I/We (name of person/association), hereby declare that the information furnished above is true and correct; (b) I/We (name of person/association), undertake 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) and the rules, notifications or orders issued thereunder from time to time; (c) I/We (name of person/association), hereby certify that the office bearers and key functionaries and members fulfill all the eligibility criteria laid out in sub-section (4) of section 12 of the Foreign Contribution (Regulation) Act, 2010 and an affidavit executed by each office bearer and key functionary and member in Proforma 'AA' is uploaded with this application form.
Place: Date: [Name of the chief functionary (Chairperson/President/Secretary/CEO/MD) in block letters] (Seal of the Organisation/Person/association)
Note: Applicant seeking prior permission shall enclose the following documents, namely:-
commitment letter from the donor, with the amount committed in the letter matching the donation amount mentioned in this Form;
project report including a detailed breakup of proposed expenses to be incurred from the foreign contribution to be received, along with a declaration that administrative expenses shall not exceed 20% of the foreign contribution;
letter from Chief Functionary, in the format available on the website of Ministry of Home Affairs at https://fcraonline.nic.in, providing point wise details in respect of each item of guidelines for prior permission issued by the Ministry of Home Affairs.
undertaking to adhere to the Good Practice Guidelines of the Financial Action Task Force (FATF), in the format available on the website of Ministry of Home Affairs at https://fcraonline.nic.in.
Darpan ID
The Secretary to the Government of India, Ministry of Home Affairs, Foreigners Division (FCRA Wing) New Delhi-110002
Subject: Application for 'renewal' under section 16 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) for the acceptance of foreign contribution by an person/association having definite cultural, economic, educational, religious or social programme:
I/We (name of person/association), as an individual/ Hindu undivided family / person/association / company registered under Companies Act 1956 / Companies Act, 2013, furnish the following details and apply for approval of the Central Government for Renewal of registration certificate granted under sub-section (1) of section 11 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010).
1. Details of the applicant/person/association: (a) Name in full: (b) Address: (c) Telephone number: (d) e-mail address: (e) official website address: (f) Telephone and mobile of the chief functionary:
2. Details of registration: (a) Name of the Act: (b) Number, date and place of registration: (c) PAN: (d) Foreign Contribution (Regulation) Act registration number and date: (e) Amount of foreign contribution received during last three financial years: [Table]
3. Nature of person/association: (a) religious (b) cultural (c) economic (d) educational (e) social
4. Main aim(s) and object(s) of the person/association (enclose self-certified copy of the memorandum of person/association and/or the articles of person/association):
5. (a) Details of all office bearers or directors or other key functionaries: [Table] (b) If any foreigner, details: [Table] (c) Details of changed key functionaries: [Table]
6. Amount of fee paid (Rs.):
7. Whether any current office bearers has: (a)-(f) various conduct questions:
8. Whether the applicant person/association: (a)-(d) various status questions:
9. (a) Details of "FCRA Account" for receipt of foreign contribution: [Table] (b) Details of all utilisation bank accounts: [Table]
10. Prior permission details and violations:
11. Whether previous applications were made and close links:
Yours faithfully, [Name of the chief functionary (Chairperson/President/Secretary/CEO/MD) in block letters] (Seal of the person/association)
Declaration and Undertaking(a) I/We (name of person/association) hereby, declare that the information furnished above is true and correct;
(b) I/We (name of person/association) undertake 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) and the rules, notifications or orders issued thereunder from time to time;
(c) I/We (name of person/association) hereby certify that the office bearers and key functionaries and members fulfil all the eligibility criteria laid out in sub-section (4) of section 12 of the Foreign Contribution (Regulation) Act, 2010 and an affidavit executed by each office bearer and key functionary and member in Proforma 'AA' is uploaded with this application form.
Place: Date: [Name of the chief functionary (Chairperson/President/Secretary/CEO/MD) in block letters] (Seal of the Organisation/Person/association)
Note: Applicant seeking renewal shall enclose the following documents, namely:-
affidavit in Proforma "AA" for each person mentioned in serial number 5 above;
if the registration under the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) has ceased, an affidavit regarding receipt and utilisation of foreign contribution after expiry of registration certificate shall be submitted in the format available on the website of Ministry of Home Affairs at https://fcraonline.nic.in and a copy of the FCRA designated and utilisation bank account statements from the date of expiry till date, duly certified by an officer of the bank.
The Secretary to the Government of India, Ministry of Home Affairs, Foreigners Division (FCRA Wing), Major Dhyan Chand National Stadium, India Gate, New Delhi-110002
Subject: Account of Foreign Contribution (FC) for the year ending on the 31st March
1. (a) Name and address of person/association (b) FCRA registration/prior permission number and date:
2. Details of receipt of foreign contribution: [Tables for income, donor-wise details]
Transfer of Foreign Contribution part of income-tax refund from non-FCRA bank account
3. Details of utilisation of foreign contribution: (a) Details of activities/projects [Table]
(b)Details of purchase of fresh assets [Table]
Details of purchase of fresh assets included in para 3(a) above:
Sl. No.Name of project/activityDetails of fresh assetsAddress/locationObjective of acquiring fresh assetsCost of fresh assets (In Rs.)Total(c) Foreign contribution transferred to other person/associations before 29.09.2020 [Table] (d) Total utilisation in the year:
(ba)Details of movable assets created out of foreign Contribution (as on 31st March of Financial Year):4. Details of unutilised foreign contribution: (i) Total foreign contribution invested in term deposits [Table] (ii) Balance of unutilised foreign contribution (iii) Total unutilised foreign contribution:
(iv)Carry forward of unspent part of allowable administrative expenses in a financial year.5. Details of foreigners as key functionary/working/associated:
6. Details of land and buildings remained unutilised for more than two years: [Table]
7. (a) Details of "FCRA Account" for receipt of foreign contribution [Table] (b) Details of another "FCRA Account" [Table] (d) Details of all utilisation bank accounts [Table]
* Note: Wherever the answer of above question is in 'yes', brief details must be provided.
9. Details of Chartered Accountant issuing the certificate under sub-rule (5) of rule 17:
(i) name of the Chartered Accountant;
(ii) address;
(iii) Member Registration number;
(iv) e-mail Address;
(v) date of issue of certificate;
(vi) Whether any violation of the Act has been pointed out in certificate, and if so, details thereof
I/We (person/association) 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 (42 of 2010), and the rules, notifications or orders issued thereunder from time to time and the foreign contribution was utilised for the purpose(s) for which the person/association was granted registration/ prior permission by the Central Government.
Place: Date: [Name of the chief functionary (Chairperson/President/Secretary/CEO/MD) in block letters] (Seal of the person/association)
Certificate to be given by Chartered AccountantI have audited the account of (name of person/association and its full address) for the financial year ending the 31st March and examined all relevant books and vouchers and certify that according to the audited account: (i)-(vii) various certifications.
I have examined all relevant books and records, including the items mentioned in column 8 of FC-4, and to the best of my knowledge and belief (name of the person/association) has (strike out whichever of the following is not applicable)
(i) not violated any provisions of the Foreign Contribution (Regulation) Act, 2010 or rules made thereunder or notifications issued thereunder;
or
(ii) violated the provisions of Foreign Contribution (Regulation) Act, 2010 or rules made thereunder or notifications issued thereunder. The details of the violation(s) are as under:
I have examined all relevant books and records, and I hereby certify the following activities/project wise and location wise details of receipt and utilisation of foreign contribution:-
Sl. No.Name of project/ activityAddress/ locationPrevious balanceReceipt during the yearUtilisedBalancein cashin kindin cashin kindin cashin kindin cashin kind(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)Place: Date: Signature of chartered accountant (Seal, address and registration number)
The Secretary to the Government of India, Ministry of Home Affairs, Foreigners Division (FCRA Wing), Major Dhyan Chand National Stadium, India Gate, New Delhi-110002
Subject: Intimation under rule 9 and rule 17A of the Foreign Contribution (Regulation) Rules, 2011 to the Central Government regarding Change of name / address in respect of the person/association granted registration/ prior permission under the Foreign Contribution (Regulation) Act, 2010 (42 of 2010):
Sir, I/We (name of person/association) as an individual/ person/association/ company hereby submit the following intimation as required under rule 17A of the Foreign Contribution (Regulation) Rules, 2011:
Change of name and/or address of the Person/association
1. FCRA registration/prior permission number and date:
2. Official telephone number:
3. E-mail address:
4. Telephone/mobile number of the chief functionary:
(i) Amended/changed name: (ii) Amended/changed address:
I/We (Name of person/association) hereby affirm that the information furnished above is true and correct.
[Name of the chief functionary (Chairperson/President/Secretary/CEO/MD) in block letters] (Seal of the person/association)
Note: Applicant intimating change of name and/or address shall also enclose the following documents, namely:-
copy of approval of relevant authority for amendment, duly signed by chief functionary;
copy of Resolution of the Governing body passed before effecting the change.
The Secretary to the Government of India, Ministry of Home Affairs, Foreigners Division (FCRA Wing) New Delhi-110002
Subject: Intimation under rule 9 and rule 17A of the Foreign Contribution (Regulation) Rules, 2011 to the Central Government regarding Change of nature, aims and objects and registration with local/relevant authorities in respect of the person/association granted registration/ prior permission under the Foreign Contribution (Regulation) Act, 2010 (42 of 2010):
Sir, I/We (name of person/association) as an individual/ person/association/ company hereby submit the following intimation as required under rule 17A of the Foreign Contribution (Regulation) Rules, 2011:
Change of nature, aims and objects and registration with local/relevant authorities in respect of the person/association for which registration/ prior permission granted under the above Act
1. FCRA Registration/prior permission number and date: 2. Official telephone number: 3. e-mail address: 4. Telephone/mobile number of the chief functionary:
(i) Amended/changed nature: (ii) Amended/changed aims and objects: (iii) Amended/changed registration No.:
I/We (name of person/association) hereby affirm that the information furnished above is true and correct.
[Name of the chief functionary (Chairperson/President/Secretary/CEO/MD) in block letters] (Seal of the person/association)
Note: Applicant intimating change of nature, aims and objects and registration with local/relevant authorities in respect of the person/association granted registration/prior permission shall also enclose the following documents, namely:-
copy of approval of relevant authority for amendment, duly signed by chief functionary;
copy of resolution of the Governing body passed before effecting the change.
The Secretary to the Government of India, Ministry of Home Affairs, Foreigners Division (FCRA Wing) New Delhi-110002
Subject: Intimation under rule 9 and rule 17A of the Foreign Contribution (Regulation) Rules, 2011 of the designated "FCRA Account" in the State Bank of India, New Delhi Main Branch, 11, Sansad Marg, New Delhi and change of another "FCRA Account" of choice, if any, under section 17 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) in respect of the person/association granted registration/prior permission under the Act.
Sir, I/We (name of person/association) as an individual/ person/association/ company hereby submit the following intimation as required under rule 17A of the Foreign Contribution (Regulation) Rules, 2011:
(i) Intimation of the designated "FCRA Account" in SBI; OR (ii) Change of another "FCRA Account".
1. FCRA registration/prior permission number: 2. Official telephone number: 3. E-mail address: 4. Telephone/mobile number of the chief functionary:
Details of the designated "FCRA Account": [Table]
I/We (name of Person/association) hereby affirm that the information furnished above is true and correct.
[Name of the chief functionary (Chairperson/President/Secretary/CEO/MD) in block letters] (Seal of the person/association)
Note: Applicant intimating designated “FCRA Account” in the State Bank of India, New Delhi Main Branch, 11, Sansad Marg, New Delhi and Change of another “FCRA Account” shall also enclose the following documents, namely:-
copies of letter from existing Bank and the new Bank regarding the changes;
copy of resolution of the Governing body passed before effecting the change.
The Secretary to the Government of India, Ministry of Home Affairs, Foreigners Division (FCRA Wing) New Delhi-110002
Subject: Intimation under rule 9 and rule 17A of the Foreign Contribution (Regulation) Rules, 2011 to the Central Government regarding opening of additional FC-utilisation account in respect of the person/association granted registration/ prior permission under the Foreign Contribution (Regulation) Act, 2010 (42 of 2010):
Sir, I/We (name of person/association) as an individual/ person/association/ company hereby submit the following intimation as required under rule 17A of the Foreign Contribution (Regulation) Rules, 2011:
Opening of additional FC-utilisation Bank Account for the purpose of utilisation of foreign contribution
1. FCRA registration/prior permission number: 2. Official telephone number: 3. e-mail address: 4. Telephone/mobile number of the chief functionary:
[Table: Bank account details for utilisation]
I/We (name of person/association) hereby affirm that the information furnished above is true and correct.
[Name of the chief functionary (Chairperson/President/Secretary/CEO/MD) in block letters] (Seal of the person/association)
Note: Applicant intimating Opening of additional FC-utilisation Bank Account for the purpose of utilisation of foreign contribution shall also enclose the following documents, namely:-
copy of letter from the bank regarding opening of additional FC Utilisation bank account;
copy of resolution of the Governing body passed before effecting the change.
The Secretary to the Government of India, Ministry of Home Affairs, Foreigners Division (FCRA Wing) New Delhi-110002
Subject: Intimation under rule 9 and rule 17A of the Foreign Contribution (Regulation) Rules, 2011 to the Central Government regarding Change in key members in respect of the person/association granted registration/ prior permission under the Foreign Contribution (Regulation) Act, 2010 (42 of 2010):
Sir, I/We (name of person/association) as an individual/ person/association/ company hereby submit the following intimation as required under rule 17A of the Foreign Contribution (Regulation) Rules, 2011:
1. FCRA registration/prior permission number: 2. Official telephone number: 3. e-mail address: 4. Telephone/mobile number of the chief functionary:
Details of all the key members after change: [Table: Name | Name of father/spouse | Nationality | Aadhaar Number | PAN | Occupation | Designation | Relationship | Contact Details]
If any foreigner (including PIO/OCI card holder), details thereof: [Table]
I/We (name of person/association) hereby affirm that the information furnished above is true and correct.
[Name of the chief functionary (Chairperson/President/Secretary/CEO/MD) in block letters] (Seal of the person/association).
Note: Applicant intimating change in key members in respect of the person/association granted registration/prior permission shall also enclose the following documents, namely:-
copy of resolution of the Governing body passed before effecting the change;
affidavit in Proforma “AA” for each person being added or modified.
The Secretary to the Government of India, Ministry of Home Affairs, Foreigners Division (FCRA Wing) New Delhi-110002
Subject: Application for surrender of certificate of registration.
Sir, I/We (name of person/association), on behalf of the person/association apply for surrender of certificate of registration to the Central Government under section 14A of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) as per details given below:
1. FCRA registration number:
2. a. Details of the person/association: (i) Name in full: (ii) Contact details: (a) Address: (b) Official telephone number: (c) Official e-Mail address: (d) Landline/mobile telephone number of the chief functionary: (iii) PAN: (iv) Aadhaar Number of chief functionary:
b. Details of registration: (i) Name of the Act under which registered: (ii) Registration number, date and place of registration:
c. "FCRA Account" details of the person/association: [Table: Name of the Bank | Branch Address | e-mail | IFSC Code | Account No. | Date of account opening]
3. I/We (name of person/association) hereby declare that the information furnished above is true and correct. I/We (Name of person/association) also affirm that no accounts other than those mentioned above has been opened for receipt and utilisation of foreign contribution.
[Name of the chief functionary (Chairperson/President/Secretary/CEO/MD) in block letters] (Seal of the Person/association)
Place: Date: