FREQUENTLY
ASKED QUESTIONS (FAQs) ON FCRA
Q. 1
What is foreign contribution?
Ans.
Foreign contribution has been defined in Section 2(1)(h)
of FCRA, 2010. However, foreign contribution excludes
earnings from foreign client(s) by an association in
lieu of goods sold or services rendered by it as this is
a transaction of commercial nature.
Q. 2
Section 2(c)(i) of repealed FCRA, 1976 inter alia
defined foreign contribution as the donation, delivery
or transfer made by any foreign source of any article,
not given to a person as a gift for personal use, if the
market value, in India, of such article exceeds one
thousand rupees. What limit has been prescribed in FCRA,
2000 in respect of such article?
Ans.
Till any limit is fixed in the Rules, foreign
contribution has to be understood without any limit.
Q. 3
What is a foreign source?
Ans.
Foreign source, as defined in Section 2(1) (j) of FCRA,
2010 includes:-
(i)
the Government of any foreign country or territory and
any agency of such Government;
(ii)
any international agency, not being the United Nations
or any of its specialized agencies, the World Bank,
International Monetary Fund or such other agency as the
Central Government may, by notification, specify in this
behalf;
(iii)
a foreign company;
(iv)
a corporation, not being a foreign company, incorporated
in a foreign country or territory;
(v)
a multi-national corporation referred to in sub-clause
(iv) of clause (g);
(vi)
a company within the meaning of the Companies Act, 1956,
and more than one-half of the nominal value of its share
capital is held, either singly or in the aggregate, by
one or more of the following, namely:-
A.
the Government of a foreign country or territory;
B.
the citizens of a foreign country or territory;
C.
corporations incorporated in a foreign country or
territory;
D.
trusts, societies or other associations of individuals
(whether incorporated or not), formed or registered in a
foreign country or territory;
E.
Foreign company;
(vii)
a trade union in any foreign country or territory,
whether or not registered in such foreign country or
territory;
(viii)
a foreign trust or a foreign foundation, by whatever
namecalled, or such trust or foundation mainly financed
by a foreign or territory;
(ix)
a society, club or other association or individuals
formed or registered outside India;
(x)
a citizen of a foreign country;”
List of agencies of the United Nations, World Bank and
some other International agencies/multilateral
organisations, which are exempted from the definition of
‘foreign source’, are available on the website
http://mha.nic.in/fcra/intro/FCRA-exemptedAgenciesUN.pdf
Q. 4
Whether donation given by Non-Resident Indians (NRIs) is
treated as ‘foreign contribution’?
Ans.
Contributions made by a citizen of India living in
another country (i.e.Non-Resident Indian), from his
personal savings, through the normal banking channels,
is not treated as foreign contribution. However, while
accepting any donations from such NRI, it is advisable
to obtain his passport details to ascertain that he/she
is an Indian passport holder.
Q. 5
Whether a Company incorporated in India under the
Companies Act, 1956 having its operations in 2 or more
countries is to be treated as an MNC under FCRA, 2010?
Ans.
No. However, the definition of 'foreign source' under
section 2(j)(vi)may be seen as explained above as answer
to Question 3.
Q. 6
Whether foreigners can be appointed as Executive
Committee members?
Ans.
Organisations having foreign nationals as members of
their executive committees or governing bodies are
generally not permitted to receive foreign contribution.
However, foreign nationals, fulfilling the following
conditions, may be appointed as Executive Committee
members, after obtaining prior permission of the Central
Government:
(i)
the foreigner is married to an Indian citizen;
(ii)
the foreigner has been living and working in India for
at least five years;
(iii)
the foreigner has made available his/her specialized
knowledge, especially in the medical and health related
fields on a voluntary basis in India, in the past;
(iv)
the foreigner is part of the Board of Trustees/Executive
Committee in terms of the provisions in an
inter-governmental agreement;
(v)
the foreigner is part of the Board of Trustee/Executive
Committee, in an ex-officio capacity representing a
multilateral body which is exempted from the definition
of foreign source. The need for such an appointment
should, however, be adequately justified.
Q. 7
Whether Government servants, Judges and employees of a
Government owned/controlled company/body can be on the
executive committees/boards of an association?
Ans.
Yes. The legal entity of a 'person' under FCRA, 2010 is
distinct from am individual person. Therefore,
individuals who cannot receive foreign contribution may
happen to be on the executive committees/boards of such
an association.
Q. 8
Who can receive foreign contribution?
Ans.
A ‘person’, as defined in Section 2(1)(m) with the
exclusion of those mentioned in Section 3 of FCRA, 2010,
having a definite cultural, economic, educational,
religious or social programme can receive foreign
contribution after it obtains the prior permission of
the Central Government, or gets itself registered with
the Central Government. Illustrative but not exhaustive
lists of activities which are permissible and may be
carried out by associations of different nature are
available on the website http://mha.nic.in/fcra/intro/permitted_programs.htm
It may also be noted that as per Explanation 3 of
section 2(h) of FCRA, 2010, the following is not covered
in the definition of foreign contribution:
"Any amount received, by any person from any foreign
source in India, by way of fee (including fees charged
by an educational institution in India from foreign
student) or towards the cost in lieu of goods or
services rendered by such person in the ordinary course
of his business, trade or commerce whether within India
or outside India or any contribution received from an
agent of a foreign source towards such fee or cost shall
be excluded from the definition of foreign contribution
within the meaning of this clause."
Q. 9
Who cannot receive foreign contribution?
Ans.
As defined in Section 3(1) of FCRA, 2010, foreign
contribution cannot be accepted by any :
a)
a candidate for election;
b)
correspondent, columnist, cartoonist, editor, owner,
printer or publisher of a registered newspaper;
c)
Judge, government servant or employee of any Corporation
or any other body controlled on owned by the Government;
d)
member of any legislature;
e)
political party or office bearer thereof;
f)
organization of a political nature as may be specified
under subsection (1) of Section 5 by the Central
Government.
g)
association or company engaged in the production or
broadcast of audio news or audio visuals or current
affairs programmes through any electronic mode, or any
other electronic form as defined in clause (r) of
subsection (i) of Section 2 of the Information
Technology Act, 2000 or any other mode of mass
communication;
h)
correspondent or communist, cartoonist, editor, owner of
the association or company referred to in clause (g).
Explanation – In clause (c) and section 6, the
expression “corporation’ means a corporation owned or
controlled by the Government and includes a Government
company as defined in section 617 of the Companies Act,
1956.
(i) Individuals or associations who have been prohibited
from receiving foreign contribution.
Q. 10
Whether foreign remittances received from a relative are
to be treated as foreign contribution as per FCRA, 2010?
Ans.
The position in this regard as given in Section 4(e) of
FCRA, 2010 and Rule 6 of FCRR, 2011 are as under:
Subject to the provisions of section 10 of the FCRA,
2010, nothing contained in section 3 of the Act shall
apply to the acceptance, by any person specified in that
section, of any foreign contribution where such
contribution is accepted by him from his relative.
However, in terms of Rule 6 of FCRR, 2011, 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. Available on the website
http://mha.nic.in/fcra/forms/fc-1.pdf
Q. 11
Can foreign contribution be received in and utilised
from multiple Bank Accounts?
Ans.
All foreign contribution should be received in the same
single Bank Account mentioned in the order for
registration or prior permission granted by MHA. This
account number would be the same as has been intimated
by the organisation in their application for
registration/prior permission. One or more accounts in
one or more scheduled banks may be opened for utilizing
the foreign contribution provided that no funds other
than foreign contribution shall be received or deposited
in such account or accounts. Section 17 of the FCRA,
2010 may please be referred.
Q. 12
Can foreign contribution be mixed with local receipts?
Ans.
No. Foreign contribution can not be deposited or
utilised from the bank account being used for domestic
funds.
Q. 13
Can foreign contribution be received in rupees?
Ans.
Yes. Any amount received from ‘foreign source’ in rupees
or foreign currency is construed as ‘foreign
contribution’ under law. Such transactions even in
rupees term are considered foreign contribution.
Q. 14
Will interest earned from foreign contribution be
considered foreign contribution?
Ans.
Yes.
Q. 15
What is the procedure for change of designated Bank
Account?
Ans.
For change of the bank account, an application in
prescribed form mentioning the details of the old bank
account and the proposed new bank account alongwith
justification for change of designated bank, name/
address of the society, copy of registration under FCRA,
copy of fresh resolution of the executive committee ( in
English or Hindi) for change of designated back account,
certificate from the proposed bank (copy of Bank Pass
Book is not acceptable) that the account is being opened
exclusively for FCRA, may be submitted to MHA. This form
is available on website
http://mha.nic.in/fcra/forms/chng_name_addr.pdf
Q. 16
What are the eligibility criteria for registration?
Ans.
For grant of registration, the association should:
(i)
be registered under the Societies Registration Act, 1860
or the Indian Trusts Act, 1882 or section 25 of the
Companies Act, 1956;
(ii)
normally be in existence for at least three years and
has undertaken reasonable activity in its chosen field
for the benefit of the society for which the foreign
contribution is proposed to be utilised. For this
purpose, the association should have spent at least
Rs.6,00,000 over last three years on its activities,
excluding administrative expenditure. Statement of
Income & Expenditure duly audited by Chartered
Accountant for last three years may be enclosed to
substantiate that it meets the financial parameter.
(iii)
meet the following conditions:-
a.
The person making an application for registration or
grant of prior permission under sub-section (1),-
Sec.12 (4) (a)
1.
is not fictitious or benami;
2.
has not been prosecuted or convicted for indulging in
activities aimed at conversion through inducement or
force, either directly or indirectly, from one religious
faith to another;
3.
has not been prosecuted or convicted for creating
communal tension or disharmony in any specified district
or any other part of the country;
4.
has not been found guilty of diversion or
mis-utilisation of its funds;
5.
is not engaged or likely to engage in propagation of
sedition or advocate violent methods to achieve its
ends;
6.
is not likely to use the foreign contribution for
personal gains or divert it for undesirable purposes;
7.
has not contravened any of the provisions of this Act;
8.
has not been prohibited from accepting foreign
contribution;
9.
the person and/or any of its directors or office bearers
has neither been convicted under any law for the time
being in force nor any prosecution for any offence is
pending against him.
(iv)
the acceptance of foreign contribution by the
association/ person is not likely to affect
prejudicially –
1.
the sovereignty and integrity of India; or
2.
the security, strategic, scientific or economic interest
of the State; or
3.
the public interest; or
4.
freedom or fairness of election to any Legislature; or
5.
friendly relation with any foreign State; or
6.
harmony between religious, racial, social, linguistic,
regional groups, castes or communities.
(v)
the acceptance of foreign contribution-
1.
shall not lead to incitement of an offence;
2.
shall not endanger the life or physical safety of any
person.
Q. 17
What are the eligibility criteria for grant of prior
permission?
Ans.
An organisation in formative stage is not eligible for
registration. Such organisation may apply for grant of
prior permission under the law.
Prior permission is granted for receipt of specific
amount from specific donor for carrying out specific
activities/projects. For this purpose, the association
should:
(i)
be registered under the Societies Registration Act, 1860
or the Indian Trusts Act, 1882 or section 25 of the
Companies Act, 1956;
(ii)
submit a specific commitment letter from the donor; and
(iii)
submit copy of a reasonable project for the benefit of
the society for which the foreign contribution is
proposed to be utilised.
(iv)
should meet all the conditions for the grant of
registration.
Q. 18
Is recommendation of District Collector or District
Commissioner or District Magistrate mandatory?
Ans.
No. Submission of verification certificate from the
District Collector or District Commissioner or District
Magistrate is not mandatory. However, in certain cases,
if the amount applied for prior permission is less than
Rs.50 lakh, submission of such a certificate assists in
speedy clearance of the application.
Q. 19
If an application for registration or prior permission
is submitted online by an association, does it need to
submit that application in physical form also?
Ans.
Yes. When an application is filed online, a printout of
the same may be taken after submission and thereafter,
it should be submitted, duly signed, alongwith the
requisite documents to the Ministry of Home Affairs. The
prescribed forms for submission of application for grant
of Registration and Prior Permission are FC-3 and FC-4
respectively. Available at MHA website
http://mha.nic.in/fcra/forms/fc-3.pdf and
http://mha.nic.in/fcra/forms/fc-4.pdf
respectively.
Q. 20
What are the documents to be enclosed with the
application?
Ans.
(a) Following documents should be enclosed with the
application for grant of Registration:
(i)
Hard-copy of the online application, duly signed by the
Chief Functionary of the association;
(ii)
Certified copy of registration certificate or Trust
deed, as the case may be;
(iii)
Details of activities during the last three years;
(iv)
Copies of audited statement of accounts for the past
three years (Asset and Liabilities, Receipt and Payment,
Income and Expenditure);
(v)
If functioning as editor, owner, printer or publisher of
a publication registered under the Press and
Registration of Books Act, 1867, a certificate from the
Registrar of Newspaper for India that the publication is
not a newspaper in terms of section1(1) of the said Act.
(vi)
Fee of by means of demand draft or banker’s cheque of
Rs.2000/- in favour of the “Pay and Accounts Officer,
Ministry of Home Affairs”, payable at New Delhi.
(b) Following documents should be enclosed with the
application for grant of Prior Permission:
(i)
Hard-copy of the online application, duly signed by the
Chief Functionary of the association;
(ii)
Certified copy of registration certificate or Trust
deed, as the case may be;
(iii)
Commitment letter from foreign donor specifying the
amount of foreign contribution;
(iv)
Copy of the project report for which foreign
contribution is solicited/being offered;
(v)
If functioning as editor, owner, printer or publisher of
a publication registered under the Press and
Registration of Books Act, 1867, a certificate from the
Registrar of Newspaper for India that the publication is
not a newspaper in terms of section 1(1) of the said
Act.
(vi)
Fee of by means of demand draft or banker’s cheque of
Rs.1000/- in favour of the “Pay and Accounts Officer,
Ministry of Home Affairs”, payable at New Delhi.
Note:
The hard copy of the on-line application along with all
the documents mentioned above must reach the Ministry of
Home Affairs, Foreigners Division (FCRA Wing) within
thirty days of the submission of the online application,
failing which the request of the person for grant of
registration or prior permission, as the case may be,
shall be deemed to have ceased.
Q. 21
How to find the status of pending application for
registration/prior permission. ?
Ans.
Status of pending applications for grant of registration
or prior permission may be checked on-line from the
Ministry of Home Affairs website –
http://mha.nic.in/fcra.htm. One needs to fill in the
numbers on acknowledgement letter or any correspondence
from MHA (Foreigners Division) in the blank format which
pops up on the screen after selection of status enquiry
icon (registration/prior permission, as the case may be)
Q. 22
Is there any restrictions on transfer of funds to other
organisations?
Ans.
Yes. Section 7 of FCRA, 2010 states:-
“No person who –
(a) is registered and granted a certificate or has
obtained prior permission under this Act; and
(b) receives any foreign contribution,
shall transfer such foreign contribution to any other
person unless such other person is also registered
and had been granted the certificate or obtained the
prior permission under this Act:
Provided that such person may transfer, with the prior
approval of the Central Government, a part of such
foreign contribution to any other person who has not
been granted a certificate or obtained permission under
this Act in accordance with the rules made by the
Central Government.”
It may further be noted that Rule 24 of FCRR, 2011
prescribes the procedure for transferring foreign
contribution as under:
"Rule 24:- “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-10.
http://mha.nic.in/fcra/forms/fc-10.pdf
(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-6
http://mha.nic.in/fcra/forms/fc-6.pdf as well as in
Form FC-10http://mha.nic.in/fcra/forms/fc-4.pdf
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 utilized. 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."
Q. 23
How would an organisation that is registered or has
obtained prior permission under FCRA and intends to
transfer a part of the foreign contribution received by
it to another organisation registered under FCRA would
know whether the recipient organisation has been
proceeded against under FCRA?
Ans.
Where any organisation is proceeded against under FCRA,
it is done with due intimation to the organisation
concerned. Therefore, the donor organisation is advised
to insist on a written undertaking from the intending
recipient organisation.
Q. 24
What is the procedure for filing Annual Returns?
Ans.
An association permitted to accept foreign contribution
is required under law to maintain separate set of
accounts and records exclusively for the foreign
contribution received and utilised and submit an annual
return, duly certified by a Chartered Accountant, giving
details of the receipt and purposewise utilisation of
the foreign contribution. The return is to be filed for
every financial year (1st April to 31st March) within a
period of nine months from the closure of the year i.e.
by 31st December each year. Submission of a ‘Nil’
return, even if there is no receipt/utilization of
foreign contribution during the year, is mandatory. The
return is to be submitted, in prescribed Form FC – 6,
duly accompanied with the balance sheet and statement of
receipt and payment, which is certified by a Chartered
Accountant. The form is available on MHA’s web-site –
http://mha.nic.in/fcra/forms/fc-6.pdf For further
details, please refer to Sections 17, 18 and 19 of FCRA,
2010 and Rule 17 of FCRR, 2011.
Note:
It may be noted that the annual return for the financial
year 2010 – 2011 is to be filed by the 31st December,
2011 in Form FC-3, i.e., as per FCRA, 1976.
Q. 25
What is foreign hospitality?
Ans.
Foreign Hospitality means any offer, not being a purely
casual one, made in cash or kind by a foreign source for
providing a person with the costs of travel to any
foreign country or territory or with free board,
lodging, transport or medical treatment.
Q. 26
Who cannot accept foreign hospitality without prior
approval of the Ministry of Home Affairs?
Ans.
No member of a Legislature or office bearer of a
political party or Judge or Government servant or
employee of any corporation or any other body owned or
controlled by the Government shall, while visiting any
country or territory outside India, accept, except with
the prior permission of the Central Government any
foreign hospitality. Provided that it shall not be
necessary to obtain any such permission for an emergent
medical aide needed on account of sudden illness
contracted during a visit outside India, but, where such
foreign hospitality has been received, the person
receiving such hospitality shall give, within one month
from the date of receipt of such hospitality an
intimation to the Central Government as to the receipt
of such hospitality, and the source from which, and the
manner in which, such hospitality was received by him.
Q. 27
How one can seek permission of the Government for
receiving foreign hospitality?
Ans.
Application form (Form FC-2) for this purpose is
available on MHA’s web-site – http://mha.nic.in/fcra/forms/fc-2.pdf.
In terms of Rule 7 of FCRR, 2011:
(i)
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.
(ii)
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.
(iii)
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 utilized.
Provided that no such intimation is required if the
value of such hospitality in emergent medical aid is up
to one lakh rupees or equivalent thereto.
Q. 28
What is the procedure for seeking change in the
name/address of the association?
Ans.
For seeking change in the name/address of the
association, one should use the prescribed form
available on MHA’s website http://mha.nic.in/fcra/forms/chng_name_addr.pdf
and submit the same along with the requisite
documents specified therein.
Q. 29
Can an organization, whose violation under FCRA has been
condoned, apply for registration/prior permission?
Ans.
After the violation committed by an association has been
condoned, the association can apply for prior permission
(PP) only by submitting an application in form FC-4
http://mha.nic.in/fcra/forms/fc-4.pdf. Once the PP
has been granted and foreign contribution received for
specific purpose has been fully/partially utilized and
organisation has submitted annual FC-6 http://mha.nic.in/fcra/forms/fc-6.pdf
returns and accounts in prescribed format pertaining
to the PP, it becomes eligible for consideration of
registration under FCRA. Registration would be granted
under FCRA, if other parameters are fulfilled by the
association.
Q. 30
Can NGOs use the foreign contributions for investment in
Mutual Funds and other speculative investments?
Ans.
No. Speculative activities have been defined in Rule 4
of FCRR – 2011 as under:-
(1)
a.
any activity or investment that has an element of risk
of appreciation or depreciation of the original
investment, linked to marked 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 organization 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.
Q. 31
Whether expenses like 'interest paid to bank', 'bank
charges', 'hospitality' etc. can be included in
'administrative expenses'?
Ans.
No. The definition of as 'administrative expenses', as
given in Rule 5 of FCRR, 2011 is explicit in this
regard.
Q. 32
Can capital assets purchased with the help of foreign
contributions be acquired in the name of the office
bearers of the association?
Ans.
No. Every asset purchased with foreign contribution
should be acquired and possessed in the name of the
association since association has a separate legal
entity distinct from its members.
Q. 33
Can an association invest the foreign contribution
received by it in profitable ventures and proceeds can
be utilized for welfare activities?
Ans.
No. The association should utilize such funds for the
welfare purpose or activities for which it is received.
The utilization should be in line with the objectives of
the association. However, foreign contributions can be
utilized for self-sustaining activities, not meant for
commercial purposes.
Q. 34
Whether interest earned out of foreign contributions be
shown as fresh foreign contribution receipt during that
year or not?
Ans.
Yes. The interest earned out of such deposit should be
shown as second / subsequent foreign contribution
receipt in the annual return during the year in which it
is earned.
Q. 35
Can the fee paid by the foreign delegates/participants
attending/participating in a conference/seminar etc. be
termed as foreign contribution and thus require
permission from FCRA?
Ans.
Foreign delegates/participants paying
“delegate/participation Fees” in foreign currency for
participation in a conference/seminar which is utilized
for the purpose of meeting the expenditure of hosting
the conference/seminar and is not treated as foreign
contribution and as such no permission under FCRA is
required
.
Q. 36
Whether the registration certificate or prior permission
granted under the repealed FCRA, 1976 shall remain valid
when FCRA, 2010 has come into force?
Ans.
Yes. An association granted prior permission or
registration under the repealed FCRA, 1976 shall be
deemed to have been registered or granted prior
permission, as the case may be, under FCRA, 2010 and
such registration shall be valid for a period of 5 years
from the 1st May, 2011, i.e., up to the 30th April,
2016.
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