Essential conditions for Registration/Prior-permission under FCRA

One Response to Essential conditions for Registration/Prior-permission under FCRA

1. Subhash Mittal says:

   November 7, 2019 at 2:57 am

   The above query is in context of latest amendments in FCRA Rules, a Chief Functionary has to now give an undertaking that all members, office bearers, etc comply with the eligibility criteria as defined under S.12(4) of the FCRA Act. Hence it is important for all signatories of such applications understand the requirements of this section.

   S. 12(4) of FCRA Act defines the conditions which FCRA Dept needs to consider, while processing FCRA Registration Certificate or Prior Permission. Thus if FCRA Dept has material to come to conclusion that any of the conditions are not being fulfilled, they can decide to reject the application. These conditions include:
   (a) That the person making the application
   (i) is not fictitious or benami,
   (ii) has not been prosecuted / convicted for conversion through inducement or force
   (iii) has not been prosecuted or convicted for creating communal tension or disharmony
   (iv) has not been found guilty of diversion or mis-utilisation of its funds
   (v) is not engaged or likely to engage in propagation of sedition or advocate violence
   (vi) is not likely to use FC for personal gains or divert it for undesirable purposes
   (vii) has not contravened provisions of the Act
   (viii) has not been prohibited from accepting FC.
   (b) applicant has undertaken reasonable activity in its chosen field (minimum Rs 10 lakh).
   (c) applicant in case of prior permission has given a reasonable project report with application
   (d) in case the person is individual, should not have been convicted under any law nor any prosecution pending for any offence against him/her
   (e) in case the person is an organisation, than any of its directors / office bearers have been prosecuted or no prosecution is pending before any of the officers
   (f) acceptance of FC will not adversely affect any of the following:
   (i) sovereignty & integrity of India,
   (ii) security, strategic, scientific or economic interest of the State,
   (iii) public interest,
   (iv) freedom or fairness of any election to any legislature
   (v) friendly relation with any foreign state
   (vi) harmony between religious, racial, social, linguistic, regional groups, castes or communities.
   (g) acceptance of FC will not lead to incitement of an offence or shall not endanger the life or physical safety of any person.

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