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FCRA Notice: Reiteration of Compliance Conditions for Receipt and Utilisation of FC funds

No. II/; /2024-FCRA(M)
Government of India
Ministry of Home Affairs
Foreigners-II Division, Monitoring Unit


1st Floor, Major Dhyan Chand National Stadium,
New Delhi-110001
Dated: 21st January 2025


PUBLIC NOTICE

Subject: Regarding maintaining of FCRA accounts and utilization accounts of associations whose FCRA Registration Certificate is not valid – regarding.

  1. The Ministry of Home Affairs (MHA) administers the Foreign Contribution (Regulation) Act, 2010 (FCRA, 2010), which regulates the receipt of foreign contribution by NGOs, voluntary organizations, and associations and its utilization for bonafide activities as per law.
  2. The FCRA, 2010 provides that foreign contribution shall be utilized exclusively for the purposes for which it has been received. Therefore, each FCRA-registered NGO/Association has to utilize such foreign contribution (FC) for the purpose for which it has been registered or granted prior permission under the FCRA, 2010. Further, as per Section 11 of the FCRA, 2010, no person shall accept FC unless such person obtains a certificate of registration or prior permission from the Central Government. Also, Section 16 of the Act stipulates that every person who has been granted a certificate shall have such certificate renewed within six months before the expiry of the period of such certificate. Accordingly, the Foreign Contribution (Regulation) Rules, 2011 prescribes that no person whose certificate of registration has ceased to exist shall either receive or utilize foreign contribution.
  3. However, instances have come to the notice of this Ministry where credit or debit of FC has been noticed into the accounts of NGOs/associations who have not been granted registration/prior permission/renewal under the FCRA, 2010 or such NGOs/associations whose registration has ceased on expiry of the validity period or whose registration has been cancelled.
  4. It may be noted that any receipt or utilization of FC without valid FCRA registration is a violation of provisions of FCRA, 2010. Accordingly, any transaction in FCRA accounts/FCRA utilization accounts of the NGO/Association whose FCRA certificate has been cancelled, ceased, or validity expired would amount to a violation of FCRA, 2010 and is liable for penal action. The status of validity of the FCRA registration certificate may be checked on the FCRA Web Portal: https://fcraonline.nic.in.
  5. In view of the above, in exercise of the powers conferred under Section 46 of the FCRA, 2010, all concerned are directed to comply with the provisions of FCRA, 2010 and the Rules thereunder, including the above-mentioned provisions.

 

(A K Mitra)
Deputy Secretary to the Government of India
Telephone No: 011-23077510

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