What
is Foreign Contribution Regulation Act :-
Foreign contribution regulation Act 1976 or FCRA is a law of government of India which regulates receipt of
foreign contributions or aid from outside India to India territories. This is
essential to ensure that such aid does not effect political or any other
situation in India.
For genuine donation, the provision of law is not very difficult to comply. The
regular compliance is limited to filing of annual return every year. This law
is enforced by the ministry of Home affairs, Government of India. There is a
separate section in the ministry to ensure compliance to the Foreign Funding
Registration.
A Ngo is relevant to get subsidizes from abroad assuming
that it has a international funding
registration declaration.
Administration of India and outside subsidizing
organizations discharges a considerable measure of trusts for the welfare of
the underprivileged area of the social order. Then again, such trusts are not
legitimately used by a number of such conglomeration. UNO keeps tabs on
offering gives to that conglomeration who has done exceptional work in
elevating the poor area of the social order. In this way, the right outlook to
getting legitimate finances is to channelize your vigor in working for the social
order. Assuming that you would like to know how to get a FCRA endorsement, you can counsel us.
The second generally critical perspective to get Foreign
Funding enlistment is that you should have used at least 10 lakhs rupees in the
most recent three years under the social use condition to get Foreign Contribution Regulation Act
authentication. Subsequently, you can request fcra online through their site. After the fulfillment of five
years, you have to renew the enrollment for an additional five years. This rule
will start from the year 2015. You will just get a restoration if Government
powers discover your work exemplary and veritable.
Outside financing has turned into a basic part of Indian
social order of NGO segment. In any case getting remote stores is not that
simple as it should be.
Documents Required For FCRA
Registration :-
Under Section 6 of Foreign Contribution Regulation Act, it
is given that any organization having a categorical social/ instructive/
religious/ financial article just acknowledge outside commitment in the wake of
getting international funds registration.
Following documents are essential for registration under FCRA.
- Copy of registration certificate of society or trust deed as the case may be.
- Copies of the audited statements of accounts for the last three years.
- Copies of the annual report of last three years.
- Bank Details:-
- Bank Name
- Account Number
- Bank Address.
- List of governing body
- Name
- Father’s Name
- Occupation
- Designation
- Address
- Name of the chief functionary and his mobile Number
- Telephone Number of the office
- Copy of PAN Card of The Society /Trust.
Types of FCRA Registration :
-
There are two types of Foreign
Contribution Regulation Act certificates;
- Prior permission certificate which is possible after one year
- Permanent certificate for 5 years.
*For Prior Permission, these criterias shall be fulfilled :-
1.
Prior permission certificate is given to those NGOs who
have completed a minimum of one year in running.
2.
The non government organization has to give the list of
foreign donors along with their addresses, designations and cause for which
they are donating.
3.
The public welfare organization has to specify the total
amount of money which is being received as a foreign donation.
*For Foreign
Contribution Regulation Act certificate for 5 years, these criterias shall
be fulfilled.
1.
The Non Government Organization must be three years
old.
2.
Last three years annual report, audit report must be
submitted.
3.
Copy of pan card, Bye laws of the ngo shall also be
given.
*After five years, FCRA
certificate must be renewed. This rule will be implemented from the year 2015.
Time taken for Foreign
Contribution Regulation Act Registration : -
Generally, the time taken for the registration is four months
but it may vary if the NGO has multiple branches. The reason is that after
online filing of Foreign Funding Registration, within 1 month, the officers of
Intelligence Bureau, Department of Ministry of Home Affairs visits the office
of the organization to verify whether it is properly working or not. In case of
multiple branches, the officers will verify all the offices and finally send
report to the Ministry. So the time for FCRA
registration may be delayed. The non government organizations whether Trusts
or Societies should preserve their audited
account sheets, annual activities reports, minutes books, slips, bills,
vouchers, photographs for proof of their social activities. This is of an
immense help especially during the investigation by the IB officers during registration
or Prior Permission or verification by the government officers during any government
funding or corporate officers applicable for corporate social responsibility
funding. So for registration to get international
funds, there are following three steps involved : -
- Online filing at the website of Ministry of Home Affairs
- Report sent by the IB Team after one month
- Hard Copy Submission in the Ministry
Benefits of Foreign
Contribution Regulation Act:-
The ngo can approach various foreign funding agencies after FCRA Registration. Some of them are as
follows-
1. British High Commission
2. Bill and Melinda Gates Foundation
3. Oxfam
4. Ford Foundation
5. SWISSAID
6. Infinity Foundation
7. BORDA( Germany
)
8. Canadian High Commission
9. New
Zealand High Commission
10. Findhorn Foundation
11. GIFRID( Israel
)
12. European Commission(EC)
13. UNESCO
14. AUSAID
15. Japanese Embassy
One thing is very clear. The foreign funding agencies only
donate to those ngos working in specific area or for particular cause like
education, women empowerment, health etc.
The social welfare organizations who work in a genuine way get
awarded for their exemplary work and achievement.
The motto of a NGO should not be to misuse the fund but to
work for the social upliftment of the poor and the needy and give the world a
boost.
Cancellation of FCRA
Registration : -
There are numerous reasons where a NGO’s foreign funding registration can be
cancelled on conditions like –
- The fund given by the foreign donor is not utilized properly and used for own personal interest.
- The ngo fails to file annual compliance for three consecutive years
- Any member of the organization files a complaint that the NGO is not working properly and if it is proved.
FCRA registration & fundraising services provider. It offers a free FCRA consulting to NGOs, Trust.
ReplyDeleteA Ngo is relevant to get subsidizes from abroad assuming that it has a international funding registration declaration.
ReplyDeleteAdministration of India and outside subsidizing organizations discharges a considerable measure of trusts for the welfare of the underprivileged area of the social order. Then again, such trusts are not legitimately used by a number of such conglomeration. UNO keeps tabs on offering gives to that conglomeration who has done exceptional work in elevating the poor area of the social order.
Perhaps we need to revisit the definition of Foreign Contribution (FC), to understand the situation better. As per S. 2(h) FC is defined as donation, delivery or transfer made by any foreign source. Thus transfer by any foreign source tantamounts to be termed as FC. The reason why often transfers for reimbursements are not considered under FC is because in accounting treatment all reimbursements are treated through advance accounts and hence do not fall as expenditure in accounts.
ReplyDeleteHowever my suggestion to treat the same as FC and deposit it in FCRA account is basically on two grounds
(1) Definition states any transfer and here purpose is not considered.
(2) More on practical grounds, FCRA officials who may look into such aspects are not so well versed with accounting principles to understand finer details between utilisation (as expenditure) and reimbursement.
The FCRA does not specify registration under Income tax Act as a pre –condition for getting registration under the FCRA. There are instances where FCRA registration has been provided without section 12A Registration under the Income Tax Act. But, since FCRA registration is normally provided after satisfying the existence of activities and genuineness of the objectives, which may take sometime and for income tax purposes, the organization has to apply within one year of its creation. Therefore, it is expected of an NGO to have completed its income Tax registrations prior to applying for registration under FCRA.
ReplyDeleteThe FCRA was amended to remove some inadequacies and practical difficulties in administration of the Act. For instance the funds received by the subsequent recipients were also brought within the purview of the Act. Provisions were also made for prior permission, audit and penal provisions for offences under the Act.
ReplyDeleteThe Act also seeks to regulate flow of foreign funds to voluntary organizations with an 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.
ReplyDelete