Rule 9 - Application for obtaining ‘registration’ or ‘prior permission’ to receive foreign contribution. - Foreign Contribution (Regulation) Rules, 2011

Application for obtaining registration or prior permission to receive foreign contribution. 9. (1) 7 [(a) An application for certificate of registration by a person under sub-section (1) of section 11 , for acceptance of foreign contribution shall be made 13 [in electronic form] in Form FC-3A 11 [with an affidavit executed by each office bearer and key functionary and member in Proforma AA appended to these rules] and an application for obtaining prior permission by a person under sub-section (2) of section 11 , for acceptance of foreign contribution, shall be made 13 [in electronic form] in Form FC-3B 12 [with an affidavit executed by each office bearer and key functionary and member in Proforma AA appended to these rules].] 2 [(b) The applicant shall upload the signed or digitally signed application along with scanned documents as specified by the Central Government from time to time ] 14 [(d) Any person making an application for registration under clause (a) of sub-rule (1) shall have an FCRA Account.] (e) The person may open one or more accounts in one or more banks for the purpose of utilising the foreign contribution after it has been received and, in all such cases, intimation 3 [ 15 [in electronic form] in Form 8 [FC-6D]] shall be furnished to the Secretary, Ministry of Home Affairs, New Delhi within 25 [forty five days] of the opening of any account.(2) 16 [(f) A person seeking registration under clause (b) of sub-section (4) of section 12 of the Act shall meet the following conditions, namely: (i) it shall be in existence for three years and have spent a minimum amount of rupees fifteen lakh on its core activities for the benefit of society during the last three financial years: Provided that the Central Government, in exceptional cases or in cases where a person is controlled by the Central Government or a State Government may waive the conditions; (ii) if the person wants inclusion of its existing capital investment in assets like land, building, other permanent structures, vehicles, equipment in the computation of its spending during last three years, then the chief functionary shall give an undertaking that the assets shall be vested henceforth with the person till the validity of the certificate and they shall be utilised only for the activities covered under the Act and the rules made thereunder and shall not be diverted for any other purpose till the validity of its certificate of registration remains valid.] 17 [(1A) Every application seeking registration under clause (a) of sub-rule (1), made before the commencement of these rules but not disposed of, shall be considered after furnishing the details of FCRA Account.] (2) 4 [(a) *** (b) **** (c) *** ] 18 [(d) Any person making an application for obtaining prior permission under clause (a) of sub-rule (1) shall have an FCRA Account.] (e) A person seeking prior permission under this rule may open one or more accounts in one or more banks for the purpose of utilising the foreign contribution after it has been received and in all such cases intimation 5 [ 19 [in electronic form] in form 8 [FC-6D]] shall be furnished to the Secretary, Ministry of Home Affairs, New Delhi within 26 [forty five days] of the opening of any account. 20 [ (f) A person seeking prior permission for receipt of specific amount from a specific donor for carrying out specific activities or projects mentioned in clause (c) of sub-section (4) of section 12 of the Act shall meet the following criteria, namely: (i) submit a specific commitment letter from the donor indicating the amount of foreign contribution and the purpose for which it is proposed to be given; (ii) for the Indian recipient persons and foreign donor organisations having common members, prior permission shall be granted to the person subject to it satisfying the following conditions, namely: (A) the chief functionary of the recipient person shall not be a part of the donor organisation; (B) seventy-five per cent. of the office-bearers or members of the governing body of the person shall not be members or employees of the foreign donor organisation; (C) in case of foreign donor organisation being a single individual that individual shall not be the chief functionary or office bearer of the recipient person; and (D) in case of a single foreign donor, seventy-five per cent. of the office bearers or members of the governing body of the recipient person shall not be the family members or close relatives of the donor.] 21 [(2A) Every application for obtaining prior permission under clause (a) of sub-rule (1) made before the commencement of these rules but not disposed of, shall be considered after furnishing the details of FCRA Account.] (3) No person shall prefer a second application for registration or prior permission within a period of six months after submitting an application either for the grant of prior permission for the same project or for registration. (4) 22 [(a) An application made for the grant of prior permission shall be accompanied by a fee of rupees five thousand only, which shall be paid through the payment gateway specified by the Central Government.] 23 [(b) An application made for the grant of registration shall be accompanied by a fee of rupees ten thousand only, which shall be paid through the payment gateway specified by the Central Government.] (c) The fee may be revised by the Central Government from time to time. 24 [ **** ] (5) Notwithstanding anything contained in sub-rules (1) to (4), every application made for registration or prior permission under the Foreign Contribution (Regulation) Act, 1976 (49 of 1976) but not disposed of before the date of commencement of these rules shall be deemed to be an application for registration or prior permission, as the case may be, under these rules, subject to the condition that the applicant furnishes the prescribed fees for such registration or prior permission, as the case may be. ********* Notes:- 1. Substituted vide G.S.R. 966(E) - Dated 14-12-2015 , before it was read as, (a) An application under sub-section (1) of section 11 for registration of a person for acceptance of foreign contribution shall be made electronically on-line in Form FC-3, and shall be followed by forwarding the hard copy of the on-line application duly signed by the Chief Functionary of the association together with the required documents. 2. Substituted vide G.S.R. 966(E) - Dated 14-12-2015 , before it was read as, (b) The hard copy of the on-line application referred in clause (a) shall reach the Central Government within thirty days of the submission of the on-line application, failing which the request of the person shall be deemed to have ceased. (c) Any person whose request has ceased under clause (b) of sub-rule (1) may prefer a fresh on-line application with the Central Government only after six months from the date of cessation of the previous application. 3. Substituted vide G.S.R. 966(E) - Dated 14-12-2015 , before it was read as, on plain paper 4. Omitted vide G.S.R. 966(E) - Dated 14-12-2015 , before it was read as, (a) An application under sub-section (2) of section 11 for obtaining prior permission of the Central Government to receive foreign contribution shall be made electronically on-line in Form FC-4 and shall be followed by forwarding the hard copy of the on-line application duly signed by the Chief Functionary of the Association together with the required documents. (b) The hard copy of the on-line application shall reach the Central Government within thirty days of filing of the online application, failing which the request of the person shall be deemed to have ceased. (c) Any person whose request has ceased under clause (b) of sub-rule (2) may prefer a fresh on-line application with the Central Government only after six months from the date of cessation of the previous application. 5. Substituted vide G.S.R. 966(E) - Dated 14-12-2015 , before it was read as, on plain paper 6. Inserted vide G.S.R. 966(E) - Dated 14-12-2015 7. Substituted vide NOTIFICATION No. G.S.R. 199(E) dated 07-03-2019 before it was read as 1 [ (a) An application for registration, or an application for obtaining prior permission by a person under section 11, for acceptance of foreign contribution, shall be made electronically online in Form FC-3 ] 8. Substituted vide NOTIFICATION No. G.S.R. 199(E) dated 07-03-2019 before it was read as FC-6 9. Substituted vide NOTIFICATION No. G.S.R. 199(E) dated 07-03-2019 before it was read as ₹ 1000 (One Thousand only) 10. Substituted vide NOTIFICATION No. G.S.R. 199(E) dated 07-03-2019 before it was read as 2000 (Two Thousand only) 11. Inserted vide NOTIFICATION No. G.S.R. 659(E) dated 16-09-2019 12. Inserted vide NOTIFICATION No. G.S.R. 659(E) dated 16-09-2019 13. Substituted vide Notification No. G.S.R. 695(E) dated 10-11-2020 before it was read as electronically online 14. Substituted vide Notification No. G.S.R. 695(E) dated 10-11-2020 before it was read as (d) A person seeking registration shall be required to open an exclusive bank account to receive the foreign contribution. 15. Substituted vide Notification No. G.S.R. 695(E) dated 10-11-2020 before it was read as electronically online 16. Inserted vide Notification No. G.S.R. 695(E) dated 10-11-2020 17. Inserted vide Notification No. G.S.R. 695(E) dated 10-11-2020 18. Substituted vide Notification No. G.S.R. 695(E) dated 10-11-2020 before it was read as (d) A person seeking prior permission under this rule shall be required to open an exclusive bank account for the receipt of foreign contribution. 19. Substituted vide Notification No. G.S.R. 695(E) dated 10-11-2020 before it was read as electronically online 20. Inserted vide Notification No. G.S.R. 695(E) dated 10-11-2020 21. Inserted vide Notification No. G.S.R. 695(E) dated 10-11-2020 22. Substituted vide Notification No. G.S.R. 695(E) dated 10-11-2020 before it was read as (a) An application made for the grant of prior permission shall be accompanied by a fee of 9 [₹ 3000/- (Three Thousand rupees only)]. 23. Substituted vide Notification No. G.S.R. 695(E) dated 10-11-2020 before it was read as (b) An application made for the grant of the registration shall be accompanied by a fee of 10 [₹ 5000/- (Five Thousand rupees only)]. 24. Omitted vide Notification No. G.S.R. 695(E) dated 10-11-2020 before it was read as (d) The fee, as applicable, 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 [or through online electronic payment gateway as specified by the Central Government]. 25. Substituted vide Notification No. G.S.R. 506(E) dated 01-07-2022 before it was read as, fifteen days 26. Substituted vide Notification No. G.S.R. 506(E) dated 01-07-2022 before it was read as, fifteen days