The mha order comes in exercise of the powers conferred under foreign contribution regulation act fcra, 2010. Since the stated purpose of the act is the regulation of foreign contribution, it is important to understand what the phrase means in the context of this regulation. Foreign contribution regulation act 2010 and the fcr rules points for consideration1 purpose of the earlier fcra the fcra was first enacted during the emergency era 1976. As per the act foreign contribution means a donation, delivery or transfer made by any foreign source a term which we shall delve upon soon of. Context recently the government has cited fcra violation to reject several ngo renewal applications. Jul 05, 20 foreign contribution regulation act 2010 power point presentation ppt slide by shalini singh, by shalini singh, bsc llbhons, gujarat national law university, during internship at biz and legis law firm. Foreign contribution regulation act 2010 and the fcr rules. Guide to foreign contribution regulation act, 2010fcra legal objective of the act. Foreign contribution regulation act, 1976 during the emergency regime in the mid1970s, voluntary organizations played a significant role in jayaprakash narayans jp movement against mrs. Buy the foreign contribution regulation act, 2010 by pdf online from company secretary.
The foreign contribution regulation act was enacted on 26th september 2010. The bill was formulated with the aim of regulating payments and. The act was first drawn up in 1976 by the indian government to regulate the acceptance of foreign contribution by way of financial donations. The official rationale was to prohibit the flow of foreign funds to political parties, candidates contesting elections to any. Itcameonthestatuebookasit came on the statue book as the foreign contribution regulation act 2010 on 1 st may 2011 vide th s. In exercise of the powers conferred by section 48 of the foreign contribution regulation act, 2010 42 of 2010, the central government hereby makes the following rules, namely. The flow of foreign contribution to india is regulated under foreign contribution regulation act, 2010, foreign contribution regulation rules, 2011 and other notification orders etc. An act to consolidate the law to regulate the acceptance and utilisation offoreign contribution or foreign hospitality by certain individuals or associations or companies and to prohibit acceptance and utilisation offoreign contribution. Dec 11, 2015 foreign branches and subsidiaries of body corporates registered in india. May 11, 2020 foreign contribution regulation act latest breaking news, pictures, videos, and special reports from the economic times.
The foreign contribution regulation act, 2010 is an act of the parliament of india, by the 42nd act of 2010. They provide for procedure to grant registration and prior permission for receipt of foreign contribution and its utilization, maintenance of. Foreign contribution regulation act 2010 power point presentation ppt slide by shalini singh, by shalini singh, bsc llbhons, gujarat national law university, during internship at biz and legis law firm. Guide to foreign contribution regulation act, 2010fcra. It is a consolidating act whose scope is to regulate the acceptance and utilisation of foreign contribution or foreign hospitality by certain individuals or associations or companies and to prohibit acceptance and utilisation of. Restriction to utilize foreign contribution for administrative purpose. Online submission and approval from the ministry of home affairs before effecting any change in the list of office bearerskey functionaries of fcra registered associations. Download free sample and get upto 30% off on mrprental. Fcra foreign contribution regulation act fcra is an act passed by indian parliament in 1976 with the objective of regulating the acceptance and utilization of foreign financial assistance by organizations and individuals within the geographic area of india. Foreign contribution regulation act, 2010 came on the statute book on 1st may, 2011, by replacing earlier act of 1976. The foreign contribution regulations act or fcra is a law enacted by parliament to regulate foreign contribution especially monetary donation provided by certain individuals or associations to. The union ministry of home affairs mha has directed all ngos, individuals and business entities receiving foreign funds to open accounts in any of 32 designated banks, including one foreign, within a month. After the introduction of the prevention of money laundering act, 2002, it was felt that fcra, 1976 needs complete change and did not serve any meaningful purpose. The foreign contribution regulation act, 1976 49 of 1976 hereafter referred to as the repealed act is hereby repealed.
Foreign contribution regulation rules, 2011 latest laws. Amendment in the foreign contribution regulation act. Fcr rules 2011 rule 3 contain the following guidelines for determining whether an organisation is. Foreign contribution regulation act, 2010 ias4sure. It is a consolidating act whose scope is to regulate the acceptance and utilisation of foreign contribution or foreign hospitality by certain individuals or associations or companies and to prohibit acceptance and utilisation of foreign contribution or foreign hospitality for any. Information on the foreign contribution regulation act, 2010 is given. Foreign contribution regulation act latest breaking news, pictures, videos, and special reports from the economic times. In the foreign contribution regulation rules, 2011 hereinafter referred. Jul 03, 2015 additionally, foreign contribution is defined by fcra as a donation, delivery or transfer made by a foreign source of.
Foreign contribution as per section 2 1 c of the foreign contribution regulation act, 1976 means the donation, delivery or transfer made by any foreign source 1. Every certificate or registration granted to a person under the act shall be valid for a period of five years from the date of its issue. Mar 04, 2015 the foreign contribution regulation act was enacted on 26th september 2010. Foreign contribution regulation act, 2010, foreign contribution regulation rules, 2011. The foreign contribution regulation act, 2010 lawyers law. Any article gifted to a person for his personal use whose market value in india on the date of such gift does not exceed. The fcra registration in india is provided for two main categories of necessities for receiving onetime grant from any one specified foreign source, and the other is, for obtaining frequent contributions or funds from many different foreign sources.
Govt notifies new rules for foreign funding of ngos. The focus of this act is to make sure that the foreign contribution and foreign hospitality are not. Fcra, foreign contribution regulation act, fcra registration. The govt has announced that the changes in the foreign contribution regulation act, 2010 and rules, 2011 fcra, has been made. Foreign contribution regulation act, 2010 hereinafter referred to as the act and rules 3 i, 3 v and 3 vi of the foreign contribution regulation rules, 2011 hereinafter referred to as the rules, are violative of articles 14, 19 1 a, 19 1 c and 21 of the constitution of india. An act to consolidate the law to regulate the acceptance and utilisation of foreign contribution or foreign hospitality by certain. Foreign exchange management act, 1999 fema charity to regulate such unilateral charity transactions regulated by ministry of home affairs, new delhi regulation. In terms of section 18 of the foreign contributionregulation act,2010 read with rules 17 of the foreign contribution regulation rules, 2011, you are advised.
The acceptance and utilization of foreign contribution is regulated under foreign contribution regulation act, 2010 fcra and foreign contribution regulation rule, 2011 fcrr framed thereunder. Foreign contribution regulation act, 2010 fcra introduction foreign contribution regulation act, 2010 came on the statute book on 1st may, 2011, by replacing earlier act of 1976. Details related to the act, its short title, objectives, extent, application, definition and commencement are provided. Any article gifted to a person for his personal use whose market value in india on the date of. Jun 20, 2016 fcra stands for foreign contribution regulation act. Registration under foreign contribution regulation act, 2010. Foreign contribution regulation act, 1976 fcra was enacted in the year 1976 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.
An act to consolidate the law to regulate the acceptance and utilisation offoreign. Jun 01, 2018 the union ministry of home affairs mha launched an online analytical tool to facilitate closer monitoring of flow and utilisation of foreign contributions received by various organisations registered or permitted under foreign contribution regulation act, 2010. Restrictions under the foreign contribution regulation act fcra. Ohchr, analysis on international law, standards and principles applicable to the foreign contributions regulation act 2010 and foreign contributions regulation rules 2011 by the united nations special rapporteur on the rights to freedom of peaceful assembly and of association maina kiai, 20 april 2016, paras.
Restrictions under the foreign contribution regulation act. It replaces foreign contribution regulation act, 1976. Fcra act of 1976 was actually enacted in the year 1976 with the prime objective of regulating the acceptance and usage of foreign contribution and foreign hospitality by associations and persons working in the important areas of national life. The act allowed ngos to receive foreign contribution without any restriction. However, not applies to a company registered under companies act, 195620 whose more than half of nominal capital is held by foreign company or a foreign source. The focus of this act is to ensure that the foreign contribution and. Foreign contribution regulation act, 2010 42 of 2010. Foreign contribution regulation act 1976 india microfinance. Overview of the foreign contribution regulation act in india. Short title and commencement 1 these rules may be called the foreign contribution regulation rules, 2011. Apr 29, 2011 foreign contribution regulation rules, 2011. This act has been incorporated in order to prevent misutilization of the foreign contribution provided to the association. The foreign contribution regulation act, 2010 and the foreign contribution regulation rules, 2011 are applicable from 1st may, 2011. Sep 17, 2019 the govt has announced that the changes in the foreign contribution regulation act, 2010 and rules, 2011 fcra, has been made.
Users can get information about sections of the act and foreign contribution and hospitality. Foreign contribution regulation rules, 2011 notification no. Foreign contribution received by a candidate for election. Apr 01, 2011 in exercise of the powers conferred by section 48 of the foreign contribution regulation act, 2010 42 of 2010, the central government hereby makes the following rules, namely. The webbased tool will help to effectively monitor hundreds of thousands of. Power of central government to prohibit receipt of foreign contribution, etc. Intimation under rule 9 and rule 17a of the foreign contribution regulation rules, 2011 to the central government regarding change of designated fc receiptcumutilisation bank account. Fcra stands for foreign contribution regulation act. It applies to all citizens of india residing in our country and to all indians who are residing in foreign countries. Foreign contribution regulation act, 2010 fcra a n a. The foreign exchange regulation act fera was legislation passed in india in 1973 that imposed strict regulations on certain kinds of payments, the dealings in foreign exchange forexand securities and the transactions which had an indirect impact on the foreign exchange and the import and export of currency.
In the foreign contribution regulation rules, 2011 hereinafter referred to. When articles gifted for personal use do not amount to foreign contribution. Intimation of foreign contribution by the recipient. The following act of parliament received the assent of the president on the 26th september, 2010, and is hereby published for general information. Foreign contribution regulation act blogs, comments and archive news on. Foreign contribution regulation amendment rules 2015 fcra. Foreign branches and subsidiaries of body corporates registered in india. Guide to foreign contribution regulation act, 2010 fcra. Foreign contribution regulation rules, 2011 bare acts live. In the state of paralysis, the foreign contribution regulation act was passed in 1976 by the parliament, amid empty opposition benches.
Structure of the act the foreign contribution regulation act, 2010, comprises of nine chapters with 54 sections. Nonsubmission of mandatory annual returns from 201112 to 201617reg. To regulate the acceptance and utilisation of fcdonations or foreign hospitality by certain individuals or associations or companies. Reporting by banks of receipt of foreign contribution. Foreign contribution regulation act 2010 national portal. In india, fcra registration is made under the foreign contribution regulation act, 1976. Overview of the foreign contribution regulation act in. With the intervention of voluntary organizations, jp movement received funds from external sources. The act of foreign contribution regulation act is applicable to the entire nation including the state of jammu and kashmir for which generally different laws are made according to article 370 of constitution of india. Foreign contribution regulation act, 2010 it regulates the foreign contribution money donation and foreign hospitality e.
However, in terms of rule 6 of fcrr, 2011, any person receiving foreign contribution in excess of one lakh rupees or equivalent thereto in a financial year from any of his relatives shall inform the. To prohibit acceptance and utilisation of fcdonations or foreign hospitality for any activities detrimental to the national interest and. Foreign contribution regulation rules, 2011 taxguru. Intimation under rule 9 and rule 17 a of the foreign contribution regulation rules, 2011 to the central government regarding change of nature, aims and objects and registration with localrelevant authorities in respect of the association granted registration prior permission under the foreign contribution regulation act, 2010 42 of 2010. Foreign contribution regulation act linkedin slideshare. Additionally, foreign contribution is defined by fcra as a donation, delivery or transfer made by a foreign source of. Power of central government to prohibit receipt of foreign contribution. Foreign contribution regulation act, 2010 fcra introduction regulation of foreign exchange in india page 3. Mar 19, 2020 the foreign contribution regulations act or fcra is a law enacted by parliament to regulate foreign contribution especially monetary donation provided by certain individuals or associations to. Is access to resources, in particular foreign funding, part of the. This article briefly examines the 2016 amendment to the foreign contribution regulation act, 2010 fcra, which allows indian companies ownedcontrolled by foreign persons to be excluded from the purview of fcra and how it directly defeats the very purpose of fcra. Foreign contribution regulation act, 2010 wikipedia.
1420 732 380 33 764 687 1001 1358 518 565 1177 555 1331 1398 657 198 195 645 1181 819 348 982 916 871 898 1199 569 1330 307 1043 624 877 97 1505 631 1180 1500 1015 1293 1331 173 269 94 18 431 1141 222 1380 1385