This generates applicability for those Associations that are already registered under the prevailing statute such as Societies Registration Act, 1860, Section 8 of Companies Act,2013 or Indian Trust Act,1882 and these Associations must exist for at least 3 years and thus undertaken charitable activities in such field. These Association must have spent at least Rs.10 lakhs on charitable based activities in last 3 years.
Application for FCRA registration can be done with the help of Form FC-3,also along with the application, the below mentioned documents must be submitted:
After FCRA registration is granted, its validity is for a period of five years. The renewal application for FCRA registration is to be made prior 6 months to the date of expiry, in order to keep the registration valid.
Inquiry at the time of Renewal of FCRA
Section 16 of the FCRA Act, 2010 states the process with respect to FCRA renewal, which needs to be done after every 5 years. However, the mentioned section does not entitle the department in making any inquiry of the renewal application at the time of processing, although FCRA department can start inspection and audit as per section 20 and 23 individually at any point of time. Although, together in these sections 20 and 23 the Central Government should with a reasonable reason for commencement of such audit or inquiry.
The latest FCRA Amendment Act, 2020 dated 29th September 2020, states that the central government is authorized in making inquiries and satisfy itself in respect to compliance of Section 12(4) prior for the renewal of FCRA. It should be noted that Section 12(4) is the provision where verification is done at that time of granting registration. Also, the government might make same inquiries before they grant the renewal of FCRA registration. Henceforth, with the proposed amendment, the renewal process has become difficult.
Delayed Application for Renewal
Situation where an NGO fails in applying for renewal that to within the due date, there the registration becomes invalid automatically. Hence, the department might accept the delay if the reason is satisfactory for not submitting the renewal application on time. Any delayed application for renewal can be filed within 1 year from the date of the expiry of the FCRA Certificate.
The rule 12(6) of FCRA Rules 2011 says that 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 registration. For instance, if there are no application is received or is not accompanied with renewal fee, the validity of the registration certificate issued on the 1st November, 2016 shall be believed to have expire with effect from the close of the day on 31st October, 2021.
Any application given for the renewal of the registration should be submitted with a fee of Rs. 1500 (Fifteen hundred only). But, in case of a delayed renewal application should be submitted with a fee of Rs. 5000(Five thousand only).
Subsequent documents are needed for the renewal of FCRA registration
Situations where the registration can be cancelled
There are several reasons where a NGO’s foreign funding registration can be canceled on situations like-
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