Cancellation of licences of NGOs for failure to file annual returns - FEMA - F.No.II/21022/58(040)/2015-FCRA(MU)

F. No. II/21022/58(040)/2015-FCRA(MU) GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS FOREIGNERS DIVISION (FCRA Wing) NDCC II Building, (Opposite Jantar Mantar) Jai Singh Road, New Delhi 110 001 Dated : 03 rd March, 2015 CANCELLATION ORDER Whereas, in terms of Section 18 of FCRA, 2010 read with Rule 17(1) of Foreign Contribution (Regulation) Rule, 2011 every person who has been granted a certificate under this Act shall give, for every financial year beginning on the 1 st day of April within nine months of the closure of the financial year, to the Secretary to the Government of India, Ministry of Home Affairs, New Delhi, an intimation in form FC-6 as to the amount of each foreign contribution received, the source from which and manner in which such foreign contribution was received, and the purposes for which, and the manner in which such foreign contribution was utilised by it ; And whereas, the Central Government having regard to the information and evidence in its possession is satisfied that 1441 associations in the erstwhile State of Andhra Pradesh, has not filed the mandatory annual returns in FC-6 form for the period 2009-2010, 2010-2011 and 2011-2012 within the prescribed period; And whereas, show cause notices were issued to these associations by speed post in lots and the last such lot was issued on 16 th October, 2014 as to why the registration of the association under FCRA, 2010 should not be cancelled for non-filing of returns within the stipulated time period under Section 14(1)(d) of FCRA, 2010 for violation of Section 18 thereof read with Rule 17(1) of Foreign Contribution (Regulation) Rule, 2011 , giving an opportunity to respond within 30 days from the date of the show cause notice. And whereas out of the notices issued to 1441 associations in erstwhile state of Andhra Pradesh, reply from 229 associations have been received which are being examined on case to case basis. 510 notices have been returned by the postal authorities undelivered for reasons such as, the association has shifted from address, no such association etc. No reply has been received from the remaining associations numbering to 632. Now therefore, in exercise of the power conferred by Section 14 of the Foreign Contribution (Regulation) Act, 2010 , the Central Government hereby cancels, for violation of Section 18 thereof read with Rule 17(1) of Foreign Contribution (Regulation) Rule, 2011 , the Certificate of registration of 1142 association, as per the list attached, which includes 510 associations to whom notices were sent but returned undelivered and 632 associations from whom no reply has been received to the notices within the stipulated period. (G.K. Dwivedi) Joint Secretary to the Government of India To The Chief Functionary As per list attached. Copy to : - District Magistrates of concerned districts, with the directions to manage the assets of the above said association during the period of cancellation in such manner as considers necessary and in public interest. Reserve Bank of India, Central Office, Shahid Bhagat Singh Road Mumbai - 400 001. (G.K. Dwivedi) Joint Secretary to the Government of India N.O.O. Copy for information and necessary action to : - US (FC)SO(FC-1,FC-II and FC-III) Shri S.A. Rizvi, Joint Director, DIB, New Delhi Under Secretary, I.T. Cell, Ministry of Home Affairs, North Block, New Delhi for information and necessary action please. (Mahendra Kumar) Deputy Secretary to the Government of India