Dear SRRF Members,
We have received a new query on FCRA Applicability, from Venkat Raidu
1. Is FCR Act applicable to those agencies which are formed by Act of Parliament? Or
2. they can receive funds without registrations?
Looking forward to your response.
SRRF Dialogue Team
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Socio Research & Reform Foundation
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e-mail: socio-research@sma.net.in
Dear Venkat,
Greetings from Hyderabad!
I have the following response to your queries:
1. FCRA is applicable to all NPO registered in India and receiving foreign contribution in the form of grants
2. Yes. The organizations can receive funds with registration. The NPO intending to receive foreign funds can apply for prior permission as per the FCRA 2010 regulations by paying a nominal fee of Rs. 1000/-.
I would request others to kindly give their feedback as well.
Thanks and regards,
B V Soma Sastry
Sec. 51 – clearly states that – Act not to apply to certain Government Transactions- Nothing contained in this Act shall apply to any transaction between the Government of India and the Government of any foreign country or territory.
Further, under Sec. 50 The Central Government may exempt any person or association or organisation (not being a political party), or any individual (not being a candidate for election) from the operation of all or any of the provisions of the Act.
Other than the above mention casest in my opinion it is applicable to everybody.
Every creature created under our Constitution/ by the Parliament has to satisfy other Acts/Laws passed by our Parliament unless expressly exempted. No escape!
Udayashankar