Published on: October 1, 2021

FOREIGN CONTRIBUTION (REGULATION) ACT (FCRA), 2010

FOREIGN CONTRIBUTION (REGULATION) ACT (FCRA), 2010

What is in news : The Ministry of Home Affairs (MHA) has extended the deadline till December 31 for NGOs to apply for renewal of their Foreign Contribution (Regulation) Act (FCRA) registration certificates.

ABOUT :

  • Regulates Foreign funding of voluntary organizations in India
  • Implemented by the Ministry of Home Affairs
  • Under the Act, organisations require to register themselves every five years.
  • As per the amended FCRA rules, all NGOs registered or granted prior permission under FCRA are now required to upload details of foreign contributions received and utilized by them every three months on their website or the FCRA website.
  • NGOs now need to file their annual returns online, with the hard copy version dispensed with. The annual returns must be placed quarterly on the NGO’s website or the FCRA website maintained by the home ministry.

Who can accept Foreign Contribution : A person having a definite cultural, economic, educational, religious or social programme can accept foreign contribution after getting registration or prior permission from the Central Government.

Who cannot accept Foreign Contribution :

  • Election candidate
  • Member of any legislature (MP and MLAs)
  • Political party or office bearer thereof
  • Organization of a political nature
  • Correspondent, columnist, cartoonist, editor, owner, printer or publishers of a registered Newspaper.
  • Judge, government servant or employee of any corporation or any other body controlled on owned by the Government.
  • Association or company engaged in the production or broadcast of audio news, audio visual news or current affairs programmes through any electronic mode
  • Any other individuals or associations who have been specifically prohibited by the Central Government

ELIGIBILTY

The Association:

  • Must be registered (under the Societies Registration Act, 1860 or Indian Trusts Act 1882 or section 8 of Companies Act, 2013 etc.)
  • Normally be in existence for at least 3 years.
  • Has undertaken reasonable activity in its field for the benefit of the society.
  • Has spent at least Rs.10,00,000/- (Rs. ten lakh) over the last three years on its activities.

Definition of foreign contribution: It defines the term ‘foreign contribution’ to include currency, article other than gift for personal use and securities received from foreign source. While foreign hospitality refers to any offer from a foreign source to provide foreign travel, boarding, lodging, transportation or medical treatment cost.