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Surrender or cancellation of certificate of registration under FCRA [ Section 14 & 14A ] - FCRA Ready Reckoner - FEMAExtract Surrender or cancellation of certificate of registration under FCRA Surrender of Certificate of Registration under FCRA On a request being made in this behalf, the central Government may permit any person to surrender the certificate granted under this act. The central government after making such inquiry as it deems fit, it satisfied that such person has not contravened any of the provisions of this act, and the management of foreign contribution and asset if any created out of such contribution has been vested. [ Section 14A of FCRA 2010 ] Validity of certificate surrendered The validity of certificate surrendered under section 14A of the FCRA, 2010 shall be deemed to have expired on the date of acceptance of the request by the central government. [ Rule 10(2) of FC(R) Rules 2011 ] Voluntary surrender of Registration Every person who has been granted certificate of registration under section 12 of the act may make an application in electronic form in FORM FC-7 for surrender of the certificate of registration in terms of section 14A of the FCRA, 2010. [ Rule 15A FC(R) Rules, 2011 ] Ground on which Cancellation of Certificate granted under section 12 of FCRA, 2010 Inquiry by the central government before making order of Cancellation [ Section 14(1) of FCRA, 2010 ] The Central Government may, if it is satisfied after making such inquiry as it may deem fit, by an order, cancel the certificate if ( a ) the holder of the certificate has made a statement in, or in relation to, the application for the grant of registration or renewal thereof, which is incorrect or false; or ( b ) the holder of the certificate has violated any of the terms and conditions of the certificate or renewal thereof; or ( c ) in the opinion of the Central Government, it is necessary in the public interest to cancel the certificate; or ( d ) the holder of certificate has violated any of the provisions of this Act or rules or order made there under; or ( e ) if the holder of the certificate has not been engaged in any reasonable activity in its chosen field for the benefit of the society for two consecutive years or has become defunct. Opportunity of being of heard The central government can not cancelled the registration certificate after making enquiry and unless the person concerned has been after giving opportunity of hearing. [ Section 14(2) of FCRA, 2010 ] Cooling period Any person whose certificate has been cancelled under this section shall not be eligible for registration or grant of prior permission for a period of three years from the date of cancellation of such certificate. [ Section 14(3) of FCRA, 2010 ] Application for revision to central government if adverse order passed [ Rule 20 of FC(R) Rules 2011 ] Adverse order is passed by competent authority, application for revision can be made under section 32 of FCRA, 2010 to secretary, ministry of Home Affairs, Government of India, new Delhi on plain paper. Application shall be accompanied by a fee of Rs. 3000/-only, which shall be paid through the payment gateway specified by the central government. Appeal against order of cancellation Appeal against the order of cancellation lies with Hight Court [ Section 31(2) FCRA 2010 ]
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