Socio Research & Reform Foundation

Dear Sir

Greetings!I have a querry regarding FCRA, would be grateful if you could clarify.

Q1: If any Non profit company (Registered under Section 8 of Companies Act 2013) in India is promoted by any international non profit organization / INGO who also hold the 100% equity shares of the said new entity / Not profit company. Can this new entity be granted the  FCRA / is it eligible to get FCRA registration, given all other criteria is fulfilled?

Q2: Is there any clause that stops any non profit from getting the FCRA if the name of the organization contains the “International” word as  part of its name? Also, if the name of the organization is similar to the International entity that has promoted the new Section 8 company?  

Looking forward for your guidance to enhance my knowledge about FCRA.
Thanks

Archana

Over 1000 organisation again removed from FCRA vide 18 Oct 2019 notice for failing to file 2017-18 return.

FCRA department has again cancelled the FCRA registration of aprox 1000 organizations vide a cancellation order dt. 18/10/2019. It has stated that these organisations have not filed their Annual Return for the 2017-18 even after due date extension of due date form 31.12.2018 to 31.03.2019.

In the e-notice/SMS sent following extract is being quoted:

“7. And whereas, the said association have failed to submit the ARs on the FCRA portal despite giving repeated e-notices/SMSs. Non submission of ARs by the Association is a violation under the Section 18(1) of FCRA, 2010 read with Rules 17(1) of FCRR, 2011 and they are therefore held liable for penal action for penal action as per the provisions under section 14 of the Act.

8.   now therefore in the exercise of the power conferred by section 14 of the act the central government has been cancelled the registration under the Act of the association w.e.f the date of issue of this order.”

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Socio Research & Reform Foundation (NGO)
‎512 A, Deepshikha, 8 Rajendra Place, New Delhi-110008.

Dear Sir,

I request you to let me know about the provisions mentioned in FCRA ACT 2010 ( 42 of 2010 ) subsection 4 of section 12.

With regards,

Samir Kr. Halder
Ashakiran Hospital Trust
Applicant for FCRA Registration

Dear Members,

My query is in context to the New FCRA Annual return.

As you are aware,  We are making Receipt & Payments,Income & Expenditure and balance sheet for our FC fund.  We are in receipt of nos of Projects  during the year and some of them are continued for a longer period of 3 to 5years. In certain Projects funding are provided after submission of Utilisation certificate and Expenditure report.

While making the Income & Expenditure statement we are showing such amount as receivable in Balance-sheet and Income recognized are showing in the Income side of Income & Expenditure Account.

While making the receipt & Payments we are only showing the actual receipts & Actual Payments whether receipts are equal to the payments or not, we are showing all receipts & payments for the projects. While doing so in certain cases it is happen that payments are less then the receipts as these all projects are reimbursement basis or reports submitted but fund not yet received from funding agancies.

In form No. FC4, it has been observed that if Payments exceeds then receipts are not considered and we are not able to show such amount even though we have spent money on projects during the year. In earlier form it was not like this. We were able to show all receipts & all payments, whether money received (cash available or not) or not.

You are requested to look in to this matter and please suggest how to show such expenditure (payments) excess then the Project receipt.

It is creating the issue while filling FC-4 online..

With thanks & regards,

D.N.Surati

Chief Accounts Officer

Dear Friends,

I wanted to bring to notice a strange incident which happened yesterday which looks like a new Fraud taking place but I am unable to understand the motive.

I got a call yesterday (22^nd October) around 5:45 p.m. from a gentleman with a middle aged well groomed voice saying that he was calling from the Home Ministry and that the call was regarding my organization’s FCRA registration. My Organisation’s FCRA renewal is due in 2021 but the gentleman said that this was a routine monitoring call and that I needed to send some information to the department. This was followed by a long whatsapp message with a long list of information points which I needed to send most of which had already been submitted at the time of previous FCRA renewal.

I messaged him on 22^nd night and asked him to send me an email from his official id so that I can respond to the same and send him all the required information. However, he said that there is no system of sending an official email and that the team does ‘on spot’ visit without prior information. Now, he has told me that his team will visit our office in few days.

He has shared a list on whatsapp (2 A4 size print) asking information which I am supposed to keep ready before the visit.

I just want to know if any of you know about this random monitoring procedure and if any other orgnaisation has gone through with similar review.

Ajay Kumar

All NGOs (or all those who are aware of any such NGOs) whose FCRA registration was cancelled are reminded to ensure that they upload their annual accounts at the earliest. This is a golden opportunity for all those NGOs whose FCRA is cancelled. They can file their annual returns for any defaults for the period between FY 2011-12 to FY 2016-17. THERE ARE NO PENALTIES. Further you get an opportunity to immediately apply for FCRA registration.

Last Date is 31^st October 2019. But don’t leave till last, as there can be so many hurdles.

Share this post with your network and other known NGOs, so maximum numbers can take benefit of the same.

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Socio Research & Reform Foundation (NGO)
‎512 A, Deepshikha, 8 Rajendra Place, New Delhi-110008.

FCRA authorities have again amended FCRA Rules. Find the Notification on the link below. (click for notification)

This amendment now requires all persons (Chief Functionary,Chairperson, President, Secretary, CEO, MD, office bearer, key functionary,members) associated with governance of an NGO to file an affidavit confirming that their NGO is complying with S. 12(4) of FCRA Act. These are to be filed at the time of application being submitted for Registration(FC-3A), Prior Permission (FC-3B), Renewal (FC-3C) and Changes in key members (FC-6E).

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Socio Research & Reform Foundation (NGO)
‎512 A, Deepshikha, 8 Rajendra Place, New Delhi-110008.

FCRA Dept in a rare initiative brought relief to over 15000 NGOs whose registrations had been cancelled for non-filing of online Annual Returns. It has now opened a window for these organisations to file these Annual Returns online, without paying any fines.

Such NGOs would need to file their annual returns online. In case you are still not able to log in, please do send a mail to the FCRA Support Centre at the earliest. Their email id is support-FCRA@gov.in .

Once Annual Returns are filed, then you can immediately apply online for Registration of your NGO under FCRA by filing FC3. Normally one has to wait for 3 years for re-applying for re-registration after FCRA is cancelled, however this is one time opportunity for all those whose FCRA was cancelled.

But please note that this window for reapplication is limited for 3 months from the date of notification (1-8-2019). Hence all applications must be made within 31^st October 2019.

Further please note window is open only to those NGOs whose FCRA was cancelled due to non-filing of Annual Returns. In case anyone’s registration was cancelled for any other reason, they need to move in normal course and get the violations compounded first.

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Socio Research & Reform Foundation (NGO)
‎512 A, Deepshikha, 8 Rajendra Place, New Delhi-110008.

In the case of a registered family trust what is the role of the “author”?

If the original author is no more who will be heading the Trust?

Can the Managing trustee can be the chief functionary?

Dr. Chandrasekhar Sankurathri,
Managing Director,
Srikiran Institute of Ophthalmology,

Sir, ‎

A Society with FCRA Registration for EDUCATION PURPOSES wants to create Education infrastructure with its own ‎‎/ FCRA funds and manage and run Education Institutions thro’ No FCRA Registration – Charitable Organisation. No ‎transfer of assets. Is it permissible ?‎

‎Malladi Ravi Prasad‎