Change of more than 50% Board Members

Dear Friends,

Under the provisions of the FCRA 2010, any change in the Board members in excess of 50% shall be made with prior permission. This does not technically apply to organizations registered prior to 27th December 1996 as there was no declaration signed by the organization this effect while applying for registration.

The query/doubt that I have is that the prior approval for the nomination of Board members is to be sought when the 50% change occurs “over a period of time” or “at any given point in time”.

Thanks and regards,

B V Soma Sastry

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8 Responses to Change of more than 50% Board Members

  1. S.S.Shiva says:

    I fully agree with the comments made on this subject by the members. Normally the Societies conduct elections over a period of time, when office bearers are changed on some occasions. In Trusts also, the board members change due to resignation, removal or death. I read the undertaking (about which Shri. Mittal has mentioned) as a massive 50% change in board members on one occasion and one go, when it is obligatory to take prior permission from the department. Otherwise, if 50% members are changed over a period of many years (which will obviously occur), it is enough if we intimate the change to FCRA department promptly in writing.

    This question came up in a seminar organised by FCRA department at Chennai in November 2013. When the Joint Secy of the dept. mentioned about the prior approval condition, most of the members present expressed the practical difficulties they faced and then the JS told all the organisations could send immediately their current list of governing council, so that the details can be updated in the department’s database. In future, if any change takes place, they should promptly intimate the department. After that many of us updated our details with the department.

    While considering the applications for renewal this year, the dept. may take up this issue again. So someone has drafted an application format for this purpose (on the pattern of change of address application available in the FCRA website) and circulating the same, so that the organisations where 50% change in governing council members had already taken place over the years, without any intimation to the FCRA dept., they could fill the details and send the application to the dept. along with renewal application, requesting to condone the delay in intimating the changes. Probably the dept. will consider this request also and update their records while renewing the FCRA of the concerned organisation.

  2. please let me know process of in FCRA :more than 50% of Board members changed

    • Anup Khosla says:

      If 50% or more of Board members are to change, then prior approval of the Home Ministry will be needed under FCRA.
      A letter with the request for approval needs to be submitted, giving full details of:
      1. Board members to resign / retire.
      2. Names of new Board Members to be inducted, with details for each of:
      a. Name
      b. Address
      c. PAN No. with copy of card.
      d. Other positions held by individual.
      e. Any other relevant details.
      3. What the reconstituted Board would be.

      No change should be made, prior to receiving approval, if that alters the Board by 50% or more.

      The Department can take a long time in approving and will need to be regularly chased, till formal approval letter is received.

    • Shameem Abbasi says:

      Dear sir,

      It is necessary to take prior approval from MHA if you are going to change more than 50% board members at a time.

      Shameem Abbasi
      General Secratary
      Grameen Vikas Sansthan
      Vill & Post- Hathini-Mau-UP 275102

  3. Subhash Mittal says:

    Dear Soma,

    This issue has been dealt with in our earlier blogs too. See

    Basically this question is arising from Undertaking (ii) given in the Form (presently it is in Form FC-3, earlier version of the Form also contained a similar undertaking. The undertaking reads to obtain prior permission for change of members of the executive Committee / Governing Council, if at any point of time, such change causes replacement of 50% or more of such members as were mentioned in the registration application and undertake further and not to accept any foreign contribution except with prior permission till the permission to replace the office bearers has been granted.

    Thus the undertaking given is a change which causes 50% change in the list of board members given at the time of registration.

    I believe this undertaking is not realistic, since change in Board members is not such a cut and dry situation, it takes time to finlaise list take approval from the proposed members itself and then from the current Board. We all know how slow FCRA approvals are (taking months with no response). Does FCRA Dept expects NGOs to stop functioning during this period, very unrealistic rule !


  4. Sriraman says:

    In my view, need for fresh FCRA regular registration would arise only in a situation where the Board is reconstituted with 50% or more new board members. In cases where the by-laws of the society provides for some members to retire by rotation, it is natural that over a period of time the board is likely to have more than 50% new members (unless if the old members continue to get renominated/reelected).

  5. Y. Laxman Rao says:

    Dear Sir

    Our Organisation Registered in 9-4-1992 and Renewal also in 2001 completed.our organisation also registered under FCRA in 2002 with 2001 Amendment documents.Again we changed 5 members out of 7 members in 2014.Now We can Apply for FCRA Renewal.But FCRA 2010 Rule saying More than 50% change is not accepting.So Iam requesting to You what we can do Now


  6. SCCHADHA says:

    The procedure to nominate or change on retirement, or otherwise may be an in built clause of the organization. The authority to whom the organization is accountable and whose approval is to be sought also needs to be indicated. The circumstances, requiring change of more than fifty percent of the board members need to be looked into. Prime-facia some can be pursued to continue till new ones are available to takeover.

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