Can an INGO branch office employ foreigners?

Dear Members,

I am a member of SRRF group.

“Can a branch office in India of an INGO can hire Foreigners on their roles”

Thanks for your support and will wait for your revert.

Best Regards,


Amit Gulati

Posted in FCRA, TAX, LEGAL | 1 Comment

International organizations which shall not be treated as foreign source

FCRA Department has further enhanced list of International Donors (foreign source) which are exempted from FCRA vide its ORDER NO. SO 3210(E) [F.NO.II/21022/23(07)/2015-FC-III], Dated 17-10-2016.

These organizations are as follow:

  1. South Asian Association for Regional Cooperation Disaster Management Centre (SDMC);
  2. Global Fund for Disaster Risk Reduction (GFDRR);
  3. Asian Disaster Reduction Centre (ADRC); and
  4. Asian Disaster Preparedness Centre (ADPC).

This now means that there now 113 foreign source organization which are exempted from FCRA.
Socio Research & Reform Foundation (NGO)
512 A, Deepshikha, 8 Rajendra Place, New Delhi – 110008
e-mail:; website:

Posted in FCRA, TAX, LEGAL | Comments Off on International organizations which shall not be treated as foreign source

Can grant be made to foreigners?

Dear Members,

I am writing on behalf of India Foundation for the Arts, a grant making organization using FCRA and Indian funds. I would like to know whether we can make grants as per the legal provisions in India.

  1. “Can foreign nationals be a principal researcher/grantee in case of a grant made to a non profit organization registered in India”?
  2. Can grant be made to PIO and OCO card holders?

Looking forward to your valuable opinion.



Posted in FCRA, TAX, LEGAL | 4 Comments

Tax Treatment of Funds Accumulated

Our NGO has saved non-specific donations in FDs for a ‘rainy day’. Some have exceeded 5 years and we are now told that we have to pay 45% in taxes for under-utilization of funds and if we delay the process it will be 90%. How are we supposed to be self sustaining if this is the case?

Aziza Tyabji Hydari

Posted in FCRA, TAX, LEGAL | 9 Comments

Treatment of assets on completion of FCRA projects

Dear Members,

In a Society registered in Lucknow under the Societies Registration Act 1860 some assets have been purchased in projects under FCRA . On completion of the project the society has been allowed to retain these assets by donors. What would be the treatment of these assets in the books of Society and how is it to be presented in the balance sheet of the Society as a whole.

With Thanks & Regards

CA Rajeev Sharma
B.Com. F.C.A.D.I.S.A.(ICA)
Rajeev Siddharth & Associates
Chartered Accountants
308 Sahara Shopping Centre
Faizabad Road
Lucknow 226 016

Posted in FCRA, TAX, LEGAL | 3 Comments

CSR Funds Foreign or Local

Dear Members,

We are an NGO working on sustainable energy, sustainable agriculture and waste management. An Indian company with 53% foreign holding is offering funds to one of our projects. Please advise whether do we need to treat this as foreign contribution or as an Indian contribution?

Best Regards,

Vidya Sagar Devabhaktuni
President, SKG Sangha
“Mandara” 3rd Main,
Muneshwara Nagar, Antharagange Road
KOLAR – 563 101
Karnataka State, INDIA

Posted in FCRA, TAX, LEGAL | 1 Comment

US Citizen in a Board of Society

Dear Members,

A Society registered in Delhi under the Societies Registration Act 1860 likes to know whether it can have a person of Indian origin with USA citizenship on the Governing Board as an Institutional Representative.

The individual is Chief Functionary of an another Institution registered in India as a Trust that is also registered in the USA according to their own statutes The Individual lives in both the countries from time to time.


Vijay K. Sardana

Posted in FCRA, TAX, LEGAL | 3 Comments

Can foreign nationals work as volunteers on a tourist visa

Dear Dialogue members,

A number of foreign nationals come on a tourist visa and besides sightseeing thye work as volunteers in many NGOs. No payments are given to these volunteers. Are they allowed to work as volunteers on a tourist visa.


Dr Kumkum Srivastava
Public Health and Education expert

Posted in FCRA, TAX, LEGAL | 7 Comments

Hiring of Foreign National

A foreign consultant needs to be hired for a professional assignment for a FC based project in India. Kindly clarify on the following:-

  1. Whether his remuneration and out of pocket expenses can be paid out of the FC funds
  2. What approvals are required, if any, relating to his appointment and payment of remuneration and other expenses?

Warm Regards

CA Sharad Kabra

Posted in FCRA, TAX, LEGAL | 2 Comments

Danger of loosing outcome of 2011 anti-corruption movement

As the NGO functionaries recover from the almost ‘panic like situation’ in the Sector, there is an urgent need to examine and understand, did we become tools in the hands of the bureaucracy cum executive combined. Need to understand what has transpired so far

  • On 20th June 2016 Govt notifies S.14 (g) & (h) making it mandatory to file assets & liabilities return by functionaries of NGOs.
  • Understandably the Sector goes in overdrive trying to understand the implications as well as lobbying to have the requirement delayed.
  • Govt brings hastily prepared Lokpal Amendment Bill 2016 in the parliament on 27th July and has it approved in both houses of parliament, within two days of presenting the bill.
  • The Govt does not make any effort to pass the Lokpal Amendment Bill 2014, which has been pending in parliament since Dec’2014 mainly to allow Leader of the largest party in Parliament in lieu of Leader of Opposition for selection of Lokpal, clearly indicating that the Govt has little interest in putting in place the Lokpal Institution.
  • Lokpal Amendment Bill 2016 authorizes Govt to comprehensively prescribe the ‘form and manner of declaration of assets & liabilities by the public servants’
  • Thus in one stroke, the govt has taken the power in its own hands of the entire process which was defined in the Act : what to be declared, how often to be declared and how govt will deal with this information so declared. Earlier Act required the information to be declared within 30 days of appointment, and thereafter every year by a declared govt functionary, PM, ministers and MPs and to make it public.
  • All this without giving any relaxation to the NGO functionaries, who still remain defined as public servant (S.14 (g) & (h)) and have to file the returns after the govt decides the format. All the Govt has done is given extension to 31st December 2016, which in any case is applicable to all public servants.

Thus using the anxieties of the NGO Sector to its own benefit, the bureaucracy has taken in its own hands how and what needs to be declared. Major outcome of 2011 anti-corruption movement seems to be in danger of getting lost in the legal / bureaucratic maze.

Socio Research & Reform Foundation (NGO)
512 A, Deepshikha, 8 Rajendra Place, New Delhi – 110008
e-mail:; website:

Posted in Accountability | 5 Comments