|
RENEWAL PROCEEDURE OF FCRA REGISTRATION UNDER Foreign Contribution Regulation Act, 2010 (FCRA 2010)
Under provisions of Foreign Contribution (Regulation) Act, 2010 Renewal of Registration Certificate every five years is compulsary. The detailed requirement and procedure for such renewal has been laid down in Section 16 of FCRA 2010 and under Rule 12 of Foreign Contribution (Regulation) Rules, 2011. The referred Section and Rule is reproduced below to have a thorough understanding.
Section !6 : :
16. (1) Every person who has been granted a certificate under section 12 shall have such certificate renewed within six months before the expiry of the period of the certificate. (2) The application for renewal of the certificate shall be made to the Central Government in such form and manner and accompanied by such fee as may be prescribed. (3) The Central Government shall renew the certificate, ordinarily within ninety days from the date of receipt of application for renewal of certificate subject to such terms and conditions as it may deem fit and grant a certificate of renewal for a period of five years: Provided that in case the Central Government does not renew the certificate within the said period of ninety days, it shall communicate the reasons therefor to the applicant. Provided further that the Central Government may refuse to renew the certificate in case where a person has violated any of the provisions of this Act or rules made thereunder.
Rule !2 : :
12. Renewal of registration certificate. - (1) Everycertificate of registration issued to a person shall be liable to be renewed after the expiry of five years from the date of its issue on proper application. (2) Every person shall apply to the Central Government in Form FC-5, six months before the date of expiry of the certificate of registration, for its renewal. (3) A person implementing an ongoing multi-year project shall apply for renewal twelve months before the date of expiry of the certificate of registration. (4) An application made for renewal of the certificate of registration shall be accompanied by a fee of Rs.500/- (Five Hundred only). (5) The fee for renewal of the certificate of registration shall be remitted by demand draft or banker’s cheque in favour of the “Pay and Accounts Officer, Ministry of Home Affairs”, payable at New Delhi. (6) In case no application for renewal of registration is received or such application is not accompanied by the requisite fee, the validity of the certificate of registration of such person shall be deemed to have ceased from the date of completion of the period of five years from the date of the grant of the grant of registration. Illustration. - A certificate of registration granted on the 1st January, 2012 shall be valid till the 31st December, 2016. A request for renewal of the registration certificate shall reach the Central Government, accompanied by the requisite fee, by the 30th June, 2016. If no application is received or is not accompanied by the renewal fee, the validity of the registration certificate issued on the 1st January 2012 shall be deemed to have lapsed with effect from the close of the day on 31st December, 2016. (7) If the validity of the certificate of registration of a person has ceased in accordance with the provisions of these rules, a fresh request for the grant of a certificate of registration may be made by the person to the Central Government as per the provisions of rule 9.
(8) In case a person provides sufficient grounds, in writing, explaining the reasons for not submitting the certificate of registration for renewal within the stipulated time, his application may be accepted for consideration along with the requisite fee, but not later than four months after the expiry of the original certificate of registration.
We may ,therefore, interpret the requisite requirements, , as per FCRA provisions, for the Renewal of Registration as below,
|
SL.NO
|
DESCRIPTIONS
|
|
RELATED INFORMATION
|
|
1
|
Whom to APPLY
|
|
To,
The Secretary to the Government of India, Ministry of Home Affairs, FCRA Wing/ Foreigners Division, NDCC-II Building,
Jai Singh Road, NEW DELHI – 110 011
|
|
2
|
When to Apply
|
|
|
|
|
INSTITUTES HAVING REGISTRATION DATE OF
|
INSTITUTES HAVING PROJECTS and receiving large grants, donations
|
INSTITUTES WITHOUT PROJECTS & Receiving small grants and donations
|
|
30.04.2011 or Earlier Date
|
WITHINN APRIL 30, 2015
|
WITHIN OCTOBER 31, 2015
|
|
01.05.2011 or any later date
|
On Expiry of 4th year of such date of registration
|
On Expiry of 4½th year of such date of
registration
|
|
|
3
|
FORM NO. In Which to Apply
|
|
FORM FC – 5 {see Rule 12(2)}
|
|
4
|
Filjng Fee
& How &
Whom To Pay
|
|
Rs. 500/- Payable at New Delhi by DEMAND DRAFT favouring
‘Pay & Accounts Officer, Ministry of Home Affairs’
|
|
5
|
How to File
|
|
Application is to be submitted, in the prescribed form, under Speed Post or Registered Post and such receipt of dispatch need be preserved securedly,
(till now no information regarding ON-LINE submission)
|
|
6
|
INFORMATION TO FURNISH :
FORM FC 5 Point :
|
|
1
|
Basic Information (viz. contact information, address) of the Institution and details of all the members of the Executive Committee/Governing Body of the Association starting with the Chief Functionary
|
|
|
|
|
2
|
Mention the applicable nature of Association viz. Cultural, Religious, Educational etc. In case of multiple activities, all the activities need be stated
|
|
|
|
|
3
|
Detail information of Association’s FCRA Registration need be furnished alongwith the PAN number.
|
|
|
4
|
Furnish year-wise break-up of FC Received since the date of FCRA Registration.
|
|
|
|
|
5
|
To state year-wise utilization of FC since the beginning.
|
|
|
|
|
6
|
Reply in Affirmative unless otherwise i.e. any notice issued by FCRA
|
|
|
|
|
7
|
Justify reason for seeking renewal.
|
|
|
|
|
8
|
Furnish relevant information of PaymentInstruement
|
|
|
|
|
9
|
Reply in Negative unless barred/blacklisted
|
|
|
|
|
10
|
Furnish related information, if any
|
|
7
|
Documents to be Sent
|
|
|
a. FC FORM – 5, duly filled in and signed,
b. Demand Draft of the Application Fee,
c Copy of Original FCRA Registration Certificate
|
Usually, if the Renewal Application is made in time and all relevant information has been properly furnished, then therenewal is automatic and assured. However, the renewal may be refused in the event of an Association has either indulged in any political activities or did not adhered to any provision of FCRA law or rules . Link Address of FC FORM 5 : https://www.pdffiller.com/en/project/28943265.htm?form_id=46583702
|
.png)
