A PRESENTATION ON BY Shri D.S. Mishra, Joint Secretary (F), MHA FCRA IN PRAVASI BHARATIYA DIVAS, HYDERABAD 09 th JANUARY 2006
Foreign Contribution (Regulation) Act, 1976
Is an act to regulate the acceptance and utilization of foreign contribution or foreign hospitality by certain persons or associations.
FEW FACTS AND FIGURES
Receipt of Foreign Contribution 1.17 5105.5 2003-04 3.58 5046.5 2002-03 7.42 4871.9 2001-02 % Increase over previous Year Amount Rs/crores Year
Amount wise break-up of Foreign Contribution received by reporting Associations 57 83 818 16187 2003-04 66 76 798 15650 2002-03 59 77 721 14761 2001-02 Above Rs.10 cr. Between Rs.5-10 cr. Between Rs.1-5 cr. Below Rs.1 cr. Year
Top Donor Countries 304.04 261.88 237.37 Netherlands 350.01 315.82 304.55 Italy 676.14 685.38 679.29 UK 757.13 715.04 702.33 Germany 1584.26 1679.84 1658.29 USA 2003-04 2002-03 2001-02 Countries Foreign Contribution (Rs. in crores)
Top Donors 47.78 40.03 40.57 Missio, Germany 57.56 53.73 72.37 Foster Parents Plan International, USA 73.59 75.15 44.27 Christian Children Fund, USA 94.36 90.24 78.33 World Vision International, USA 135.15 79.16 63.06 Foundation Vicent E Ferrer, Spain 2003-04 2002-03 2001-02 Donors Foreign Contribution (Rs. in crores)
Top Recipient States/Union Terrotories 480.61 505.13 464.35 Maharashtra 528.56 489.12 504.98 Karnataka 684.20 629.76 559.56 Andhra Pradesh 800.22 774.99 695.49 Tamil Nadu 857.12 880.77 794.42 Delhi 2003-04 2002-03 2001-02 States/UTs Foreign Contribution (Rs. in crores)
Top Purposes 181.58 49.08 25.86 Awareness about AIDS / Treatment of AIDS patients 221.38 176.13 187.30 Welfare of Children 221.63 275.74 242.24 Construction of School/College 494.64 486.50 464.61 Rural Development 639.31 673.77 859.00 Establishment Expenses 2003-04 2002-03 2001-02 Purposes Foreign Contribution (Rs. in crores)
Trends 5,105.46 17,145 28,351 2003-2004 5,046.51 16,590 26,404 2002-2003 4,870.52 15,598 24,563 2001-2002 4,535.23 14,598 22,924 2000-2001 3,924.63 13,986 21,244 1999-2000 3,402.90 13,775 19,834 1998-1999 2,864.51 12,198 18,489 1997-1998 2,571.69 12,136 17,723 1996-1997 2,168.85 10,950 16,740 1995-1996 1,892.43 11,422 15,723 1994-1995 Amount of Foreign Contribution (Rs. in crores) No. of Reporting Associations No. of Registered Associations (as on 31 st March of Financial Year) Year
Purpose of FCRA
Regulating foreign contribution meant for influencing elections or individuals or associations working in important areas of national life.
Regulating receipt of foreign contribution for genuine purposes.
Ensuring that foreign contribution is not used for activities detrimental to national interest.
Means the donation, delivery or transfer, made by any foreign source of any;
article, not given to a person as a gift, for personal use, if the market value in India of such article exceeds one thousand rupees;
currency, whether Indian or foreign;
NOTE : Contributions made by an NRI, from his/her personal savings, through the normal banking channels, is not treated as foreign contribution.
Government of foreign country or any agency of such Government.
International agencies, not being of
United Nations or its specialized agencies
International Monetary Fund
Such other agencies as so notified by the Central Government.
Foreign company or Corporation incorporated in foreign country
Trade Union in a foreign country
Foreign Trust or Foundation or Society or Club formed or registered outside India
Company where more than half of shareholding held by foreign Govt., foreign citizens, foreign corporations
Judge, Government servant or employee of any corporation
Member of any Legislature
Political party or office-bearer thereof.
Types of permission An association having a definite cultural, economic, educational, religious or social programme can receive foreign contribution after it obtains the prior permission of the Central Government, or gets registered with the Central Government.
Means permanent permission to accept foreign contribution from any foreign source.
Granted to associations which are in existence for more than 3 years and have spent over Rs.6 lakhs in last 3 years in chosen area of activities.
If the association is not eligible for registration;
Association is placed under prior permission category under law;
If association is of political nature, not being a political party.
Essentials for prior permission
Specific to donor, amount and project;
Commitment letter from donor.
Placing in prior permission category;
Seizure/confiscation of the foreign contribution / created assets;
Imprisonment upto 5 years.
Transparency in FCRA Administration
Common reasons for rejection of registration are listed on MHA’s website
Citizen’s Charter is available on MHA’s website
Charter for followings stakeholders are available on MHA’s website
Charter for NGOs/Associations applying for grant of Prior permission/Registration under the FCRA.
Charter for NGOs/Associations granted Prior permission/Registration under the FCRA.
Charter for the Chartered Accountants.
Charter for the Banks.
Programs permitted to be carried out by associations having different nature is given on the website .
This list is illustrative and not exhaustive.
FCR Act is available on website .
Application form for registration / prior permission in downloadable from are available on website .
Application form for change in bank account number or address in downloadable from are available on website .
Act / Forms
Status of application for registration / prior permission is available online ;
Salient features of Annual Report is placed on website .
On – line status query
Online list of registered associations is uploaded on website ;
List of prohibited / ordered to be on prior permission category associations is available on website .
Draft FCMC Bill is placed on website for inviting views of stakeholders;
Bill is under consideration of GoM.
Salient features of Bill
Decentralized administration structure;
Registration for - 5 years with a provision for renewal;
Organizations of political nature, not being political parties, - not allowed;
Allowing multiple bank account for utilization of foreign fund;
Amount prescribed for receipt from relatives and not considered as FC is being raised;
Amount of gift from third party not considered on FC being raised;
Provision of fixed % ceiling on Admin. Expenses;
Provisions for suspensions / cancellation;
Mandating banks to report receipt and utilization of FC; etc.
Introduction of online applications for FCRA – NIC is working on this;
Online submission of Annual Returns (FC-3) by associations – NIC is working on this.
List of officers dealing with FCRA matter is given on website
THANKS For further details please visit our website: www.mha.nic.in