Grant of Certificate of Registration.
An application is to be made by a person, referred to in section 11 for grant of certificate or giving prior permission, shall be made to the Central Government in the prescribed form FC- 3A along with the prescribed fee.
Furthermore, every person who makes an application under sub-section (1) shall be required to open “FCRA Account” with State Bank of India, New Delhi Main Brach at 11 Sansad Marg, New Delhi and mention details of such account in his application.
On receipt of the above application the Central Government shall, by an order and after making such inquiry as it deems fit, either accept the application or, reject the application. However, the rejection must be communicated within a period of ninety days from the date of receipt of application.
However, a person shall not be eligible for grant of certificate or giving prior permission if his certificate has been suspended and such suspension of certificate continues on the date of making application.
The person making an application for registration or grant of prior permission should comply with the following conditions:
i. is not fictitious or benami;
ii. 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;
iii. has not been prosecuted or convicted for creating communal tension or disharmony in any specified district or any other part of the country;
iv. has not been found guilty or diversion or mis-utilisation of its funds;
v. is not engaged or likely to engage in propagation of sedition or advocate violent methods to achieve its ends;
vi. is not likely to use the foreign contribution for personal gains or divert it for undesirable purposes;
vii. has not contravened any of the provisions of this Act;
viii. has not been prohibited from accepting foreign contribution;
(b) the person making an application for registration has undertaken reasonable activity in its chosen field for the benefit of the society for which the foreign contribution is proposed to be utilised;
(c) the person making an application for giving prior permission under has prepared a reasonable project for the benefit of the society for which the foreign contribution is proposed to be utilised;
(d) in case the person being an individual, such individual has neither been convicted under any law for the time being in force nor any prosecution for any offence pending against him;
(e) in case the person being other than an individual, 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
(f) the acceptance of foreign contribution by the person is not likely to affect prejudicially—
(i). the sovereignty and integrity of India; or
(ii). the security, strategic, scientific or economic interest of the State; or
(iii). the public interest; or
(iv). freedom or fairness of election to any Legislature; or
(v). friendly relation with any foreign State; or
(vi). harmony between religious, social, linguistic, regional groups, castes or communities;
(g) the acceptance of foreign contribution referred to in sub-section
i. shall not lead to incitement of an offence;
ii. shall not endanger the life or physical safety of any person.
(H) The person shall provide as identification document, the Aadhaar number of all its office bearers or Directors or other key functionaries, by whatever name called, issued under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 Of 2016), or a copy of the Passport or Overseas Citizen of India Card, in case of a foreigner.
The certificate granted shall be valid for a period of five years and the prior permission shall be valid for the specific purpose or specific amount of foreign contribution proposed to be received.
Vide notification No.II\/21022/23(22)/2020-FCRA-III dated 24th March 2023, all those entities whose registration was extended up to 31.03.2023 or whose 5 years validity of registration is expiring on or before 30.09.2023 shall stand extended to 30.09.2023 or date of disposal of application whichever is earlier.
It is clarified through this notification that in case of refusal of the application the same shall be construed as expiry on the date of disposal and therefore the entity shall not be eligible to either receive the foreign contribution or to utilise the foreign contribution received.
Suspension/Cancellation of certificate:
Suspension of the certificate:
Where the Central Government, for reasons to be recorded in writing, is satisfied that pending consideration of the question of cancelling the certificate on any of the grounds mentioned in it order in writing can suspend the certificate for a period of one hundred and eighty days, or such further period, not exceeding one hundred and eighty days, as may be specified in the order.
Every person whose certificate has been suspended shall—
a) not receive any foreign contribution during the period of suspension of certificate:
b) utilise, in the prescribed manner, the foreign contribution in his custody with the prior approval of the Central Government.
Cancellation of certificate.
The Central Government may, if it is satisfied after making such inquiry as it may deem fit, by an order, cancel the certificate if —
the holder of the certificate has made a statement in, or in relation to, the application for the grant of registration or renewal thereof, which is incorrect or false; or
(a) the holder of the certificate has violated any of the terms and conditions of the certificate or renewal thereof; or
(b) in the opinion of the Central Government, it is necessary in the public interest to cancel.
(c) the holder of certificate has violated any of the provisions of this Act or rules or order made thereunder; or
(d) if the holder of the certificate has not been engaged in any reasonable activity in its chosen field for the benefit of the society for two consecutive years or has become defunct.
However the order of cancellation of certificate under this section shall be made unless the person concerned has been given a reasonable opportunity of being heard. Furthermore, any person whose certificate has been cancelled under this section shall not be eligible for registration or grant of prior permission for a period of three years from the date of cancellation of such certificate.
Management of foreign contribution of person whose certificate has been cancelled or surrendered.
The foreign contribution and assets created out of the foreign contribution in the custody of every person whose certificate has been cancelled under section or surrendered shall be vest in hands of the central government from the date of the cancellation.
The Central Government may direct any authority if it considers necessary and in public interest, manage the activities of the person for such period and in such manner, and such authority may utilise the foreign contribution or dispose of the assets created out of it in case adequate funds are not available for running such activity. However, the authority shall return the foreign contribution and the assets vested upon it to the person if such person is subsequently registered under this Act.
Renewal of certificate.
Every person who has been granted a certificate shall have such certificate renewed within six months before the expiry of the period of the certificate. The application for renewal of the certificate shall be made to the Central Government in the prescribed form along with prescribed fee. The Certificate shall be renewed, ordinarily within ninety days from the date of receipt of application for renewal of certificate and the same shall be valid for a period of five years from the date of order:
The Central Government does not renew the certificate within the said period of ninety days, it shall communicate the reasons therefor to the applicant or alternatively it may refuse to renew the application if it feels for reasons to be recorded in writing that the applicant has violated any of the provisions of this Act or rules made thereunder.
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