Dear SRRF,
Can an american citizen with an OCI card, previously called PIO, be a member of the governing body, and be a signatory of a society having FCRA.
Thanks,
Freddy Martin
Associate Director
Asha Society
Ekta Vihar ,R.K.Puram,Sector 6.New Delhi-22
The FAQ quoted above, very clearly says, organisations having foreign nationals, other than of Indian origin. Thus while in case of foreign nationals who are not of Indian origin, getting clearance would be quite tough, but foreign nationals of Indian origin. In your case, you have mentioned they hold OCI / PIO card, then such persons would be permitted to be on Governing Body.
In other cases, NGO should take permission on case to case basis.
Dear Martin,
Please refer to the FAQs posted on the FCRA website for the same.
Organisations having foreign nationals, other than of Indian origin, as members of their executive committees or governing bodies are generally not permitted to receive foreign contribution. Foreigners may, however, be allowed to be associated with such associations in an ex-officio capacity, representing multilateral bodies, foreign contribution from whom is exempted from the purview of the Foreign Contribution (Regulation) Act, 2010, or in a purely honorary capacity depending upon the persons stature in his/her field of activity. Subject to relaxation given on a case to case basis, foreign nationals fulfilling the following conditions may be appointed as Executive Committee members, after obtaining prior approval of the Central Government:
(i) the foreigner is married to an Indian citizen;
(ii) the foreigner has been living and working in India for at least five years;
(iii) the foreigner has made available his/her specialized knowledge, especially in the medical and health related fields on a voluntary basis in India, in the past;
(iv) the foreigner is part of the Board of Trustees/Executive Committee in terms of the provisions in an inter-governmental agreement;
(v) the foreigner is part of the Board of Trustee/Executive Committee, in an ex-officio capacity representing a multilateral body which is exempted from the definition of foreign source. The need for such an appointment should, however, be adequately justified.
Thanks and regards,
B V Soma Sastry
Could anyone guide us for government requirement and taxes involved in organising a musical event to raise fund.
Early response will be appreciated.
FAQ on Ministry’s website shall make it clear. See the excerpts quoted herein.
Please note that even for persons Indian origin the permission should be obtained since the phrase used here is ‘generally not permitted’. Since registration entails background check of official, concerned with the NGO, it is advisable to apply for permission than faltering on regulations.
Q.43 Whether foreigners can be appointed as Executive Committee
members of an association seeking registration or prior permission?
Ans. Organisations having foreign nationals, other than of Indian origin, as members of their executive committees or governing bodies are generally not permitted to receive foreign contribution.
Foreigners may, however, be allowed to be associated with such associations in an ex-officio capacity, representing multilateral bodies, foreign contribution from whom is exempted from the purview of the Foreign Contribution (Regulation) Act, 2010, or in a purely honorary capacity depending upon the persons stature in his/her field of activity. Subject to relaxation given on a case to case basis, foreign nationals fulfilling the following conditions may be appointed as Executive Committee members, after obtaining prior approval of the
Central Government:
(i) the foreigner is married to an Indian citizen;
(ii) the foreigner has been living and working in India for at least five years;
(iii) the foreigner has made available his/her specialized knowledge, especially in the medical and health related fields on a voluntary basis in India, in the past;
(iv) the foreigner is part of the Board of Trustees/Executive Committee in terms of the provisions in an inter-governmental agreement;
(v) the foreigner is part of the Board of Trustee/Executive which is exempted from the definition of foreign source.
The need for such an appointment should, however, be adequately justified.
If the person holds Indian passport he can be governing body member for an society.
As far as signatories of bank account is concerned; it depends on the resolution of the governing body to whom they authorities and for which account!