Monday, July 3, 2017

Procedure for obtaining ‘prior permission’ for FCRA

The Organisation is required to apply in Form FC-3 for prior permission to the FCRA department along with the uploading of the following documents-:
SI. NoDocument NameMaximum Size Limit of PDF document
1.Registration Certificate of Association.1 MB
2.Memorandum of Association/Trust Deed.5 MB
3.Commitment Letter from the donor organization and agreement.5 MB
4.Project Report for which FC will be received.3 MB
i. Audited statement of accounts of past three years.
ii. Activities Report of past 3 years.
iii. If the association is a registered Trust or Society a certified copy of the registration certificate.
iv. Copy of the Memorandum of Association and/or the Articles of Association as applicable.
v. A copy of the latest commitment letter from the donor.
vi. A copy of the proposal / project which has been approved by the foreign source for funding, including projected outlays, budget breakups.
vii. Details of names and addresses of the members of the Executive Committee/Governing Council etc. of the Association.
viii. Copy of any prior permission granted to the organization.
ix. List of present members of the Governing Body of the organisation and the office bearers.
x. Copy of any Journal or other publication of the organization.
xi. If the association is having any parent or sister or subsidiary organisation which is registered under the FCRA then the registration number along with Ministry of Home Affairs file number should be mentioned.
xii. If the association has submitted any application earlier then its reference number should be mentioned.
xiii. If the association has received any foreign contribution with or without the prior approval of the Central Government, then the detail should be given.
xiv. Details of Bank along through which the foreign contribution shall be received.
xv. A recommendation certificate from any competent authority, if any.
Copy of certificates of exemption or registration issued by the Income Tax Department u/s 12A, if any
Time Limit for making application
An application for prior permission under Form FC-3 can be made any time after the legal constitution of an organisation. Though clause of Form FC-3 requires submission of details of activities of past three years and three years audited statements. Where the organisation is less than three years old, it can submit the documents for lesser number of years as may be available.
Prior Permission for receiving Foreign Hospitality
Under FCRA, the following are prohibited from accepting foreign hospitality except with prior permission:
- member of a legislature
- office bearer of a political party
- Judge
- Government servant or employee of any corporation
The above-mentioned persons are required to apply in Form FC-2 for availing any foreign hospitality. In this Form, details regarding the nature of hospitality, the approximate amount of expenses, the specific dates and countries is required to be provided.
The exceptional situation - Further, it has been provided that no such prior permission would be necessary in case of an emergency medical aid on account of a sudden illness. In such cases, the person receiving such hospitality can give, within one month from the date of receipt of such hospitality, an intimation to the Central Government, regarding the receipt of such hospitality and the source and the manner in which such hospitality was received. Section 6 and rule 7 are relevant in this regard.

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