FCRA Rules amended again – Now require affidavit from each office bearer / members

FCRA authorities have again amended FCRA Rules. Find the Notification on the link below. (click for notification)

This amendment now requires all persons (Chief Functionary,Chairperson, President, Secretary, CEO, MD, office bearer, key functionary,members) associated with governance of an NGO to file an affidavit confirming that their NGO is complying with S. 12(4) of FCRA Act. These are to be filed at the time of application being submitted for Registration(FC-3A), Prior Permission (FC-3B), Renewal (FC-3C) and Changes in key members (FC-6E).

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Socio Research & Reform Foundation (NGO)
‎512 A, Deepshikha, 8 Rajendra Place, New Delhi-110008.

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11 Responses to FCRA Rules amended again – Now require affidavit from each office bearer / members

  1. Who all are the office bearer,key functionary and member in a public charitable trust?
    Do the trustees come under this definitions ?

  2. Amrik says:

    Dear Sir,

    Please let me know whether the newly introduced conditions apply only for new registrations or for the already registered ones also. Our Trust is registered for “EDUCATION”. There is no funding from the government. Funds are contributed by family members and family friends only. Thanks

    With kind regards

    Amrik

    • S.S.Shiva says:

      It is for those applying of renewal and change of office bearers also. That is those who already have FCRA will have to submit the affidavits when they apply for the above. New applicants for prior permission or registration have also to enclose

      • c udayashankar says:

        Better if all the NGOs submit the affidavits, if the online process permits and such submission is one time affair.

  3. Dear Sir,
    The amendment is appreciable.
    Is there any specific format or matter of affidavit?
    I like tonknow another fact about receiving foreign remittances. If any foreigner donates Indian ruppes to the organization having FCRA registration for social work will it be deposited in FCAccount or local account?What is the procedure to deposits to the bank? Another question if some one donate foreign currency for social work how it can be exchanged through bank of the organisation ?

    • Subhash Mittal says:

      Yes, affidavit format included in the Notification. Link given in the SRRF post.

      Any money received from a foreign source (please note I have not stated foreigner, e.g., a person of an Indian origin but holding foreign passport is also a foreign source) whether Indian or foreign remittances have to be deposited in the FCRA Account. All cash monies rec’d whether foreign or Indian have to be deposited in the FCRA bank account, you can’t spend in cash. But do remember, you should avoid collecting more than Rs 2000/- in cash.

  4. Thomas Mathews says:

    This seems a bit of a damper to the sector which is already finding it difficult to find board members. I fail to understand what the authorities gain from these filing of affidavits.

  5. N Ramakrishnan says:

    I found the coverage slightly confusing.
    1. Are these affidavits required when registration or re-registration takes place? Or are all office bearers required to submit these affidavits now, as of the date of promulgation of the revised rules?
    2. Also, what happens when the organization’s office bearers change and new office bearers come on board? Do they have to submit this affidavit along with the intimation of change in office bearers?

    • S.S.Shiva says:

      1. Yes. The affidavits have to be executed for new registration (prior permission & regular) and also for renewal
      2. When you intimate in Form FC6E about change of more than 50% office bearers, all the new members have to file the affidavit.

  6. Subhash Mittal says:

    In yesterday’s and today’s newspapers have well covered changes in FCRA. However most newspapers seem to have published handout given by the Govt which gives a spin that office bearers need to given affidavit only for their organisation is not involved in conversion & creation of communal disharmony. This may seem quite logical, however basically the affidavit requires to intimate compliance with s.12(4), which covers around 8 conditions. Further each member/office bearer/chief functionary, etc. need to confirm not only that their organisation is complying with the same that they will inform FCRA Dept, if their organisation in future does not comply with the same, or even any of the other office bearers, members…..etc do not comply. This is quite tough, and many members / office bearers of NGOs, may not wish to continue their association with FCRA registered NGOs, as they may consider that their ore too many onerous responsibilities. This may give rise to a similar situation, as experienced by the Sector at the time of implementation of Lokpal Act, which required members / office bearers to file return of their assets.

  7. Dr. Shivalingaiah Mallappa says:

    This Amandment is very essential for updating NOGs administration maintain members regular ‎function. ‎

    I am recommend to this amendment.‎

    FCRA any Amandment want changes and modifications can be take public opinion, then have to add .‎

    Dr. Shivalingaiah Mallappa . Clinical Psychologist, ‎
    Suvarna Karnaka Integrated Rural Development Society Tumkuru Karnataka State India.‎

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