49 OF [31st March, ] An Act to regulate the acceptance and utilisation of foreign contribution or foreign hospitality by certain persons or associations. It may be pertinent to point out here that it was the Congress, under the stewardship of Manmohan Singh, that replaced the original FCRA, Interestingly, the FCRA law deemed Indian companies as “foreign” if overseas residents held more than 50 per cent of the shareholding.
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Interestingly, the FCRA law deemed Indian companies as “foreign” if overseas residents held more than 50 per cent of the shareholding in such firms. The registration is granted only to such association, which has proven track record of functioning in the chosen field of work during last three years, and after registration, such organization is free to receive foreign contribution from any foreign source for stated objectives.
Salient Features of FCRA, Comes into Effect from May 1,
Sampath December 27, The Indian state had no problem accepting contributions from foreign donors such as the World Bank or the International Monetary Fund. The National Democratic Alliance NDA government has defended its action by claiming that these organisations had violated FCRA norms by engaging in activities detrimental to public interest. With the Lok Sabha passing rcra law without any debate, the legislators lost the opportunity to ask why a long dead act was being brought back to life.
Such information or intimation shall be sent by registered post. The donor shall not transfer any foreign contribution until the Central Government has approved the transfer.
The District Magistrate concerned shall take an appropriate decision in the matter within sixty days of the receipt of such request from the person. No funds other than foreign contribution shall be deposited in the FC account to be separately maintained by the associations etc.
The Foreign Contribution Regulation Actwhich was enacted 42 years back, banned political parties from accepting donations from foreign firms, including Indian subsidiaries of foreign firms, unless prior permission had been taken for such donations. Of course, NGO funding needs to be regulated. The return is to be submitted, in duplicate, in Form FC—3. Officials say the amendment had to be brought to give relief to the country’s two largest political parties from a legal tangle they had managed to walk into.
Retrieved from ” https: The two subsidiaries were Sterlite Industries India and Sesa Goa, companies registered in India whose controlling shareholder was London-listed Vedanta. Provision has been made for inspection of accounts if the registered person or person to whom prior permission has been granted fails to furnish or the intimation given is not in accordance with law.
The Act also seeks to regulate flow of foreign funds to voluntary organizations with objective of preventing any possible diversion of such funds towards activities detrimental to the national interest and to ensure that such individuals and organizations may function in a manner consistent with the values of sovereign democratic republic.
It merely seeks to correct an anomaly,” said officials. It was to be an independent, statutory body along the lines of the Bar Council. Open a separate bank account for the receipt and utilisation of foreign contribution in a bank of your choice and furnish particulars of the same at the appropriate place. Proper Filing of Application Please familiarise yourself with the provisions of the Foreign Contribution Regulation Act, and the Foreign Contribution Regulation Rules, before making an application.
This amendment has also opened the doors for all political parties to accept funding from foreign companies, so long as it is channelled through an Indian subsidiary. Prominent international funding agency Ford Foundation, the environmentalist group Greenpeace, and human rights advocacy group Lawyers Collective have all been targets of FCRA-linked curbs on their activity, suggesting a larger pattern in the way the state has used this law.
For more details see rule 8 of the Foreign Contribution Regulation Rules, Availability of Forms Please use the correct and current form.
The focus of this Act is to ensure that the foreign contribution and foreign hospitality is not utilized to affect or influence electoral politics, public servants, judges and other people working the important areas of national life like journalists, printers and publishers of newspapers, etc. Foreign Contribution Regulation Act, FCRA was enacted in the year with the prime objective of regulating the acceptance and utilization of foreign contribution and foreign hospitality by persons and associations working in the important areas of national life.
To answer that question, we need to consider the differences between the two legislations.
Retro rules make a comeback
She is the secretary of Citizens for Justice and Peace CJPan organisation formed for fighting for fcrz for the victims of communal violence in the state of Gujarat in This amendment was introduced with retrospective effect — a brazen attempt to legitimise the FCRA violations of the two parties.
Human rights activist Venkatesh Nayak draws attention to three changes that render the new Act more stringent than the old one. An application for registration is normally disposed within six months. Institutionalising double standards Put simply, a political class that has no qualms taking money from foreign sources, that amended the FCRA to let itself off the hook for past violations, that opened the doors for all political parties to accept foreign funding, dcra paved the way for Indian businesses to access foreign capital, is now anxious to prevent CSOs from accessing foreign 197 because some of them question its fccra in a democratic battle to protect constitutional rights and entitlements.
The Central Bureau of Investigation or any other Government investigating agency that conducts any fcga 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.
However, this change apparently did not cover the years prior towhen the FCRA was in force. A judgment by the Delhi high court in held that both the Bharatiya Janata Ffcra and the Congress were guilty of receiving donations to their party funds from the Indian subsidiaries of a “foreign” company, in contravention of the FCRA Act.
Essential Requirements A Bank Account Open a separate bank account for the receipt and utilisation of foreign contribution in a bank of your choice and furnish particulars of the same at the appropriate fcta. One may recall that earlier this year, 11, NGOs lost their FCRA licences without the government having to either examine their records or suspend their registrations individually — their licences simply expired as the deadline for renewal passed.
Strange as it may seem, a government which has been promising not to bring in retrospective tax legislations, has in its just passed Finance Bill for managed to breathe new life into a law it had scrapped some eight years ago: An application for revision of an order passed by the competent authority under the Act shall be made to the Secretary, Ministry of Home Affairs, Government of India, New Delhi on a plain paper. Besides, given that the right to freedom of association is part 9176 the Universal Declaration of Human Rights article 20a violation of this right also constitutes a human rights violation.
Remember to enclose copies of the following documents with your application —.