FCRA Registration Prior Permission
Prior Permission: (Form FC-1A) To receive donations from foreign sources, NGOs in India need to apply for a Registration or Prior Permission with the concerned department of FCRA. An organization can apply for the prior permission in the first year of its registration and before finalization of its accounts. The concerned department will have tobe fully satisfied with the documentation and credibility of the organisation. NGOs apply for Prior Permission in the following situations: .
• An NGO does not have an FCRA number (permanent FCRA Registration)
• An NGO may have got FCRA registration earlier but may have cancelled by the FCRA Department.
• An NGOo may have applied for a Permanent registration and after scrutiny, the department may have the concerned NGO to apply for Prior Permissin under section 10 (b).
• The FCRA number may have ‘frozen’ due to change in the Governing Body or for any other reason as specified by the Deparment.
How do you Apply for a Prior Permission:
• Use Form FC-1A (see the Forms section)
• Required documents as mentioned in the FCRA Registration article((see separate article on FCRA Regn)
• A copy of the letter from the donor who assures the NGO to give funds for a particular purpose, amount and period.
• Send the proposal alongwith budget for which this Prior Permission is sought.
• Send these by Registered post with AD to:
The Secretary to Govt. of India
Ministry of Home Affairs
26 Mansingh Road
New Delhi -110011
How long it will take: Based on the report and other factors, the department will either send you the permission or rejection letter in 90 days. They may also ask for another 30 days time. Normally the reply comes by registered post.
What should you do if the application is got rejected? •
If your application is rejected, find out the reasons for rejection and you can reapply.
• If you wish, you can also file an appeal against the rejection n the High Court within 60 days of date of letter (under section.21)
• Prior Permission can be taken for more than once because an organization may have different projects and can apply for each project separately at a time or different at times.
From 1st August 2008 onwards organisations needs to apply online (see artilce on ON LINE registration for Prior Permission) and with a print out of the filled in ONLINE Form they need to send the other documents as mentioned in the Form to MHA by Registered Post/Courier.
Foreign Contribution (Regulation) Act, 1976 (FCRA) was enacted in the year 1976 with the prime objective of regulating the acceptance and utilization of foreign contribution and foreign hospitality by persons and associations working in the important areas of national life. The focus of this Act is to ensure that the foreign contribution and foreign hospitality is not utilized to affect or influence electoral politics, public servants, judges and other people working the important areas of national life like journalists, printers and publishers of newspapers, etc. The Act also seeks to regulate flow of foreign funds to voluntary organizations with objective of preventing any possible diversion of such funds towards activities detrimental to the national interest and to ensure that such individuals and organizations may function in a manner consistent with the values of sovereign democratic republic.
The organizations seeking foreign contributions for definite cultural, social, economic, educational or religious programmes may either obtain registration or prior permission to receive foreign contribution from Ministry of Home Affairs by making application in the prescribed format and furnishing details of the activities and audited accounts. The registration is granted only to such association which has proven track record of functioning in the chosen field of work during last three years and after registration, such organization is free to receive foreign contribution from any foreign source for stated objectives. Registration is granted only after thorough security vetting of the activities and antecedents of the organization and office bearers thereof. However, such organizations which are newly established and do not have proven track record of functioning may also receive foreign contribution for specific activities, for a specific purpose and from a specific source after seeking project based prior permission (PP) from the Ministry of Home Affairs.
In order to bring in transparency in the administration of the Foreign Contribution (Regulation) Act, 1976 and the Rules framed there under, improve the functioning, disseminate the information and enhance user friendliness of the various procedures the web-site is uploaded with all the FCRA forms, Citizens’ Charter, list of registered associations, State-wise status of application for registration/prior permission, etc. In our efforts to bring in further improvements in the system, the following additional charters/materials are uploaded for information and guidance of all concerned.
CHARTER FOR NGOs / ASSOCIATIONs GRANTED PRIOR PERMISSION OR REGISTRATION UNDER THE FOREIGN CONTRIBUTION (REGULATION) ACT, 1976.
(a) in Form FC-6, where the FC relates only to articles;
(b) in the cash book and ledger account on double entry basis, where the FC relates to currency received and utilised.
(c) in Form FC-7, where the FC relates to foreign securities.