The payment deposited in our following ICIC Bank Accounts and intimation given us our phone, SMS, email:-
Ac Name : Aditya Consultancy
Bank’s Name : ICICI Bank
Account No. : 186705500528
A/C Type : Current A/C
Branch : Nandanwan, Nagpur
IFSC Code : ICIC0001867
(Payment should be made by CASH / DD / Cheque in favour of Aditya Consultancy Payable at NAGPUR)
If the person referred as above has been found guilty of violation of any of the provisions of the Foreign Contribution (Regulation) Act, 1976, the unutilized or unreceived amount of foreign contribution shall not be utilized or received, as the case may be, without the prior approval of the Central Government.
The Central Government may, by notification in the Official Gazette, specify—
i. |
the person or class of persons who shall obtain its prior permission before accepting the foreign contribution; or |
ii. |
the area or areas in which the foreign contribution shall be accepted and utilized with the prior permission of the Central Government; or |
iii. |
the purpose or purposes for which the foreign contribution shall be utilized with the prior permission of the Central Government; or |
iv. |
the source or sources from which the foreign contribution shall be accepted with the prior permission of the Central Government |
Any association registered with the Central Government or granted prior permission under that section of the Foreign Contribution (Regulation) Act, 1976, as it stood immediately before the commencement of this Act, shall be deemed to have been registered or granted prior permission, as the case may be, under this Act and such registration shall be valid for a period of five years from the date on which this section comes into force.
Application for Registration
An application for registration of an organisation 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:
i. |
Form FC-3 duly filled in triplicate. |
ii. |
Audited statement of accounts of past three years. |
iii. |
Annual Report specifying activities of past three years. |
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If the association is a registered Trust or Society a certified copy of the registration certificate. |
v. |
Copy of the Memorandum of Association and/or the Articles of Association as applicable. |
vi. |
List of Main objects and definite programmes for which the contribution is to be accepted / utilised. |
vii. |
Details of names and addresses of the members of the Executive Committee/Governing Council etc. of the Association. |
viii. |
Copy of any prior permission granted to the organization. |
ix. |
Copy of resolution of Governing Body of the organisation, authorizing the registration under FCRA. |
x. |
Copy of Power of Attorney or the resolution of Governing Body by which the Chief Functionary is authorized to submit FC-3. |
xi. |
List of present members of the Governing Body of the organisation and the office bearers. |
xii. |
Copy of any Journal or other publication of the organization. |
xiii. |
If the association is having any parent or sister or subsidiary organisation which is registered under the FCRA then the registration number along with Ministry of Home Affairs file number should be mentioned. |
xiv. |
If the association has submitted any application earlier then its reference number should be mentioned. |
xv. |
If the association has received any foreign contribution with or without the prior approval of the Central Government, then the detail should be given. |
xvi. |
Details of Bank along through which the foreign contribution shall be received. |
xvii. |
A recommendation certificate from any competent authority. |
xviii. |
Copy of certificates of exemption or registration issued by the Income Tax Department u/s80G and 12A. |
The hard copy of the on-line application shall reach the Central Government within thirty days of the submission of the on-line application, failing which the request of the organisation shall be deemed to have ceased.
Any organisation whose request has ceased may make a fresh on-line application with the Central Government only after six months from the date of cessation of the previous application.
An organisation seeking registration shall be required to open an exclusive bank account to receive the foreign contribution.
The organisation 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 on plain paper shall be furnished to the Secretary, Ministry of Home Affairs New Delhi, within fifteen days of the opening of any account.
An application made for the grant of the registration shall be accompanied by a fee of 2000/- (Two Thousand only).
The fee 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.
Time limit for making application for registration
No specific time limit has been provided under FCRA for making an application, unlike Income Tax Act, which requires an organisation to apply within one year from its creation or registration under section 12A. Normally FCRA is granted after 3 years of active existence, therefore, the application should be made after three years though nothing in the Act prevents from making such application earlier.
Relevance of three years’ audited statement : In the absence of any time limit provided in FCRA, reliance is normally made on clause 8 of Form FC-3, which provides for submission of past three years audited statement. On the basis of the requirement of form FC-3, it is normally understood that application for registration under FCRA can only be after 3 years of the creation of the organisation. But, in our opinion, under FCRA laws, there is no such restriction, which prohibits application before completion of three years.
The requirement of submission of 3 years audited statements under Form FC-3, is only directory in nature and there is no reason to make an implicit presumption of a 3years waiting period before applying for registration. Incidentally, Form FC- 4, which is the application form for seeking, prior permission also requires submission of last 3 years audited statements. Therefore, if this submission of 3 years statements is assumed to be a mandatory pre-condition, then an organisation cannot even apply for prior permission before completion of three years.