Table of Contents

In-Depth Guide to FCRA: Understanding Its Impact on NGOs

What is the meaning of FCRA?

The Foreign Contribution (Regulation) Act (FCRA) is an act of the Parliament of India enacted in 2010 that regulates the receiving and expenditure of foreign funding by individuals, companies, or other associations. Subscribed in 1976, and modified in 2010 and again in 2020, the Act’s purpose is to make sure that such contributions harm the internal security of India is not worsened.

Overview of FCRA Requirements and Processes

Registration Under FCRA

Compliance and Renewal

For organizations that are registered, there are several account reports that are expected to be precise, returns that must be filed annually and most importantly, funds must be applied to the intended use. The FCRA registration that is obtained initially will be valid for a period of five years after which it can be renewed. This implies that while undergoing the process, compliance must be made in a continual manner and documents to be submitted should be done as and when required.

Online Services for Ease of Compliance

The FCRA department has facilitated various online services to simplify the application, tracking, and compliance processes. These include FCRA online registration, renewal submissions, and the ability to check the status of applications or existing registrations.

Recent Developments and Major Cancellations

Cancellations of FCRA Registrations

Recent actions under the FCRA have led to the cancellation of registrations for prominent NGOs like the Centre for Policy Research (CPR) and World Vision India (WVI). The Ministry of Home Affairs (MHA) alleged misuse of funds and activities contrary to India’s economic interests as reasons for these cancellations. Notably, since 2015, over 16,000 NGOs have had their registrations cancelled for various violations.

Key Provisions and Amendments in FCRA

Prohibitions and Usage of Funds

The Act restricts the transfer of foreign funds to other persons or organizations and limits administrative expenses payable from foreign contributions to 20% of the total. Registered entities can only utilize funds for social, educational, religious, economic, and cultural programs.

Recent Amendments and Their Implications

The 2020 amendment introduced significant changes, such as increasing the number of compoundable offences and enhancing the threshold for foreign contributions that do not require immediate government notification. These amendments aim to tighten scrutiny and enhance transparency in foreign funding to NGOs.

The Role of MHA in FCRA Implementation

The MHA plays a critical role in monitoring and implementing FCRA provisions, ensuring that foreign contributions do not adversely affect the national security of India. This includes overseeing the registration process, compliance checks, and handling of violations.

What is the Foreign Contribution Regulation Act, 2010?

The Foreign Contribution Regulation Act, 2010 (FCRA) is a critical piece of legislation in India designed to regulate the acceptance and use of foreign contributions by individuals and organizations. It primarily aims to ensure that such contributions do not adversely affect the national interest.

Origin and Development of FCRA

Initial Enactment: The original FCRA was enacted in 1976, primarily in response to concerns about foreign powers influencing Indian political and social entities.
2010 Legislation: The 1976 Act was repealed and replaced by the FCRA, 2010 to address the complexities of globalization and the increased flow of foreign funds.
2020 Amendments: Significant changes were made to strengthen the regulatory framework, including more stringent monitoring of the receipt and usage of foreign contributions.

Provisions of the FCRA

Registration Requirement: All individuals or NGOs that wish to receive foreign donations must register under the FCRA. This process ensures a thorough vetting of the organization’s intent and capability to handle foreign funds.
Permitted Use of Contributions: Registered entities can receive foreign contributions for designated activities such as social, educational, religious, economic, and cultural programs. It is mandatory that the funds are used strictly for the purpose for which they were received.
Annual Compliance: NGOs must file annual returns detailing the amount of foreign funds received, their sources, and their usage. This is crucial for maintaining transparency and accountability.
Restrictions on Fund Transfers: The Act prohibits the transfer of received foreign funds to any other individual or organization, ensuring that funds are used by registered recipients only.
Prohibited Recipients: The Act explicitly prohibits certain categories of individuals and organizations from receiving foreign funds, including candidates for elections, media bodies, members of the judiciary, government servants, and political parties.

Enhancements in 2020 and 2022

2020 Amendment: This amendment introduced tighter controls, including reducing the permissible limit for administrative expenses paid from foreign contributions from 50% to 20%. It also completely banned the transfer of foreign funds to any other person or organization, emphasizing the need for direct accountability.

What is the new rule of FCRA?

The most recent amendments to the FCRA were introduced in 2020, with additional rule changes made in 2022. Key changes include:

Restriction on Fund Transfer: The transfer of foreign contributions to any other individual, association, or company is now prohibited. Previously, registered organizations could transfer funds to other registered FCRA entities.
Administrative Expenses Cap: The amount of foreign funds that can be used for administrative expenses has been reduced from 50% to 20%, ensuring that a larger portion of contributions is directed towards the primary purpose for which they were received.
Increase in Threshold for Family Contributions: The threshold for the amount that can be received from relatives without requiring immediate reporting to the government has been increased from Rs 1 lakh to Rs 10 lakh.

Registration Validity and Monitoring

Five-Year Validity: FCRA registrations are valid for five years, requiring NGOs to renew their certification to continue receiving foreign contributions.
Monitoring by MHA: The Ministry of Home Affairs (MHA) monitors the implementation of the FCRA, ensuring that foreign funds do not compromise India’s internal security or interfere in its sovereign affairs.

Importance and Challenges

Importance: The FCRA is pivotal in preventing foreign interference in domestic affairs, ensuring that foreign contributions support legitimate and beneficial activities without compromising national interests.
Challenges: The act faces challenges such as bureaucratic delays in registration and renewal, potential misuse of authority, and balancing regulatory control with the operational freedom of NGOs.

Challenges and Way Forward

Administrative and Political Challenges

The FCRA framework faces challenges including administrative delays and allegations of political interference, which can affect the functioning and funding of NGOs. The lengthy registration and renewal processes often hinder timely operations of NGOs.

Transparency and Accountability

Ensuring transparency in fund utilization remains a significant challenge. There are concerns about NGOs’ transparency in their operations, particularly regarding the end use of the foreign contributions which can sometimes lead to misuse under the guise of developmental work.

Need for Effective Implementation

Balancing transparency, accountability, and the autonomy of NGOs is crucial for the effective implementation of FCRA. While the Act is stringent in its regulations, it is essential to foster an environment that supports genuine organizations contributing positively to society without undue burdens.

how to register fcra for ngo

Before applying, ensure your NGO meets the following criteria:

Registered Organization: You must be registered under an act like the Societies Registration Act, 1860, the Indian Trusts Act, 1882, or Section 8 of the Companies Act, 2013.
Minimum Existence: Your NGO should be operational for at least 3 years with demonstrable activity in your chosen field.
FCRA Account: Open a designated FCRA account with a specific branch of the State Bank of India (SBI).

Registration Process:

Online Portal: Visit the FCRA online portal: [FCRA Online Services fcralonline.nic.in]
Registration: Create a login ID and password on the portal.
Application Form: Fill out the online application form (Form FC-3).
Documents: Upload scanned copies of the required documents (mentioned below).
Fee: Pay the application fee of ₹10,000 online.
Submission: Submit the completed application electronically.

fcra required documents

The documents required for FCRA registration in India can be broadly classified into two categories:

1. Organizational Documents

Registration Certificate: This document proves the legal existence of your organization. It can be a society registration certificate, trust deed, or any other certificate depending on the type of organization you have.
Memorandum of Association (MoA)/Trust Deed: This document outlines the aims and objectives of your organization, its management structure, and other governing rules.
Activity Report for the Last Three Years: This report details your organization’s activities for the past three years. It should outline the work you have done, the beneficiaries you have reached, and the impact you have created.
Audited Balance Sheets for the Last Three Years: These documents provide a financial overview of your organization for the past three years. They should be audited by a Chartered Accountant.

2. Documents for Key Functionaries

Affidavit from Each Key Functionary: This is a sworn statement from each of the key functionaries of your organization, such as the president, secretary, and treasurer. The affidavit should declare that they are not prohibited under the FCRA from receiving foreign contributions.
Proof of Identity and Address: Each key functionary will need to submit documents that prove their identity and address. This could include a passport, voter ID card, or ration card.
PAN Card/Form 60: This document is required for tax purposes.

Additional Documents:

Power of Attorney or Resolution of Governing Body: This document authorizes a specific person to submit the FCRA application on behalf of the organization.
Details of Foreign Contribution Received (if any): If your organization has already received any foreign contributions, you will need to provide details of these contributions.

cancellation of fcra registration

The Ministry of Home Affairs (MHA) can cancel an FCRA registration in India. Here’s what you need to know:

Reasons for Cancellation:

Non-compliance: This includes failing to submit required reports (annual returns) to the MHA or violating the FCRA Act or its rules.
Misuse of Funds: This involves using foreign contributions for purposes not mentioned in your FCRA application or engaging in activities detrimental to India’s interests.
Inactivity: If your organization hasn’t undertaken any significant activity for two consecutive years or becomes defunct.

Process of Cancellation:

The MHA can initiate an inquiry if they suspect any violation.
You’ll be given a chance to respond to the allegations.
If the MHA is satisfied about the violation, they can issue a cancellation order.

Consequences of Cancellation:

Loss of receiving foreign funds: You won’t be able to accept foreign contributions anymore.
Ineligibility for Re-registration: You can’t re-apply for FCRA registration for three years from the cancellation date.
Vesting of Assets: The foreign contributions and assets created from them might be vested with an authority designated by the government.

Who are eligible for FCRA?

Eligibility for registration under the FCRA is specific to:

Non-Governmental Organizations (NGOs): Entities that are not part of the government and work in areas like culture, education, health, research etc., are eligible.
Associations and Companies: Any association or company aiming to accept foreign contributions for definite cultural, social, economic, educational, or religious programs may apply for FCRA registration.
Prohibited Entities: However, candidates for elections, journalists, members of any legislature, political parties, government servants, judges, and other entities or individuals working in the interest of political nature or likely to use the funds in a way that affects the sovereignty and integrity of India, are not eligible to receive foreign contributions.

These regulations ensure that foreign contributions are received and utilized in a manner that is transparent and beneficial to the societal and economic well-being of the country.

Conclusion

Understanding and complying with FCRA is crucial for NGOs operating in India with foreign funding. As the government continues to refine the regulations, NGOs need to stay informed and compliant with the legal requirements to continue their valuable contributions to society effectively and lawfully.