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.
Thanks
Dr Kumkum Srivastava
Public Health and Education expert
The information given by Mr J. K. Chattopadhyay is indeed exhaustive and very useful. Just one clarification wheather there is a exemption to nationals of Bhutan and Sikkim for employment in India.
Thank you Mr Chattopadhya, who has covered the issue very well, particularly in relation to visa requirements for such persons who come to India on tourist visa and continue to support some NGO as a volunteer.
I will just add that if a foreigner is coming to India and just volunteers to support an activity on a total informal basis, exchanging no contracts and not receiving any remuneration, honoraria, etc., can work. However if this relationship has to become a formal one, then Visa requirements and other conditions of minimum remuneration, etc. (as mentioned by Mr Chattopadhya) would become operative.
Perhaps this also answers question of Joe D’soza, yes ?
Thanks Mr. Mittal. However, I suggest that even such totally informal arrangement should be avoided.
Since I had the privilege of being the incharge of FCRA Wing, I hope the NGOs concerned would pay heed to my suggestion. Given the way the authorities are looking at things these days, one never knows!
Your advise is a very practical one, knowing how FCRA Dept sometimes acts.
Although I sometime do feel the Dept goes beyond what is authorised by the legislation. A tourist has come, he stays as a Paying Guest. He finds two children in the Home who come with house maid, he finds they are not studying but helping her mother. He starts teaching them how to read / write totally as a volunteer. Now landlady also runs an NGO, and provides education to poor children. She sees this foreign tourist’s interest in children’s education and requests him to come and take one or two classes. She does not offer any money to the volunteer. Is this really violation of FCRA Act, considering no contribution or hospitality is being offered to the NGO by foreign tourist. Foreign tourist is also not violating any Visa terms, he is only volunteering his time to teach children, which he enjoys, rather than just going to a disco. He is not getting any money and is free to leave whenever. Let us not forget FCRA only regulates acceptance and utilisation of Foreign Contribution / Hospitality. Our laws !!
This is in response to the above query and the previous query by CA Sharad Kabra. I am reproducing the answer I had given in this regard in the third edition of my book ‘FCRA, 2010 Made Easy’ – 333 Q&A:
There is no provision under FCRA/FCRR imposing restriction on foreigners to work for the NGOs either voluntarily or as employees. Therefore, there is no condition regarding payment of his remuneration from FC or otherwise. Employment of foreigners in India is regulated by the provisions relating to issue of Visa to them. As per regulations, a foreigner cannot work in India without having necessary employment Visa (E-Visa) permitting him/her to work in India. The person concerned must obtain E-Visa even if he/she desires to come to India for honorary work (without salary) with an NGO registered in India for working on voluntary basis. If the foreigner is to come as an employee of an NGO, his/her total annual remuneration must not be less than US$ 25,000. Such a Visa is granted by the Indian Mission or Post abroad with special endorsement on his/her E-Visa “To Work with NGO—(Name of the NGO and place of work)” subject to usual checks and formalities. The foreigner may be granted a multi-entry E-Visa for 1 year initially. All registration formalities as per rules, after his/her arrival in India, should be strictly complied with and the registration must be done with the FRRO/FRO within 14 days from the date of his/ her arrival. The visa may be extended by the FRRO/FRO beyond the initial visa validity period up to a total period of 5 years from the date of issue of the initial E-Visa, on a year to year basis, subject to good conduct, production of necessary documents in support of continued employment and no adverse security inputs about the foreigner. Change of employer (NGO) by the foreigner during the currency of the E-Visa is not permissible. All NGOs and foreigners desirous to work with an NGO in India, even if on voluntary basis without any remuneration, should ensure compliance of the regulations.
Please note that OCI (Overseas Citizen of India) card holders do not need to get a separate employment visa and are not required to register with FRRO for seeking employment. They may take up employment in all areas except mountaineering, missionary and research work and other work requiring Protected Area Permit (PAP) and Restricted Area Permit (RAP). However, for the purpose of reporting in Item 2(v) of Form FC-4 (Annual Return), the number of such OCI employees, if there is any, should be taken into account because having OCI status is not the same as being an Indian citizen.
Dear Mr. Chattopadhyay,
Thank you so much for providing a useful synopsis on my query. I shall be bothering you all again in case any further clarification is needed.
Warm Regards
Would be most interested to know what is the opinion on this – employing or using ex-pats with Tourist Visas to work in not-for-profit organisations
Joe D’Souza