FCRA Update & Advisory --- Please Don’t Panic!!!

Implications of the New Foreign Contribution Regulation Amendment Rules 2015

The Ministry of Home Affairs (MHA), FCRA Wing, has issued a ‘NOTIFICATION’ dated 14^th December 2015 regarding the New Foreign Contribution Regulation (Amendment) Rules 2015 which according to the aforesaid Notification shall come into force on the date of publication in the official gazette.

To see the Foreign Contribution Regulation Amendment Rules 2015 please go to:

https://fcraonline.nic.in/home/PDF_Doc/doc00600120151214130739.pdf

This notification has caused unnecessary panic, anxiety and confusion within the sector.

In the meantime, we request NGOs not to panic for the following reasons:

1)    Though application for renewal of FCRA Registration must now be made online at: https://fcraonline.nic.in by all organizations whose registration will expire on 30^th April 2016, the last date for filing of renewal application has been extended to 15.03.2016. Earlier it was 31^st October 2015 for organizations that were registered before FCRA 2010 came into force on 1^st May 2011.

This means NGOs still have enough time and there is no need to panic.

We at CAP will guide you with the new process and system.

2)    There is also confusion whether the FC returns should be filed in FC 6 or the new FC 4? - While MHA has clearly stated that NGOs whose registration will expire next year should reapply for renewal of Registration in the new Form FC 3 (on-line only) even if they have applied by post in Form FC 5; no such notification has been given with regard to Filing Returns.

In other words, NGOs which have successfully filed return for FY 2014-15 on-line in FC 6 need not file fresh returns in the new FC 4.

The last date for filing FCRA Returns for FY 2014-15 is 31st December 2015.

Those who have already filed their returns on-line for FY 2014-15 in FC 6 need not file their return for FY 2014-15 once again in the new FC 4.

Please remember that as per MHA’s Notification the Rules shall come into force on the date of publication in the official gazette.

3)   A number of NGOs have been complaining about technical glitches in the MHA’s system. -  Often there are issues with login and passwords.

To seek redress, we recommend NGOs to use the FCRA messaging system and write to jsf@nic.in

There are special consultation sessions planned for 28/29 December for all CAP Members & Affiliates from 10 am - 1 pm. (Venue to be notified)

CAP members/affiliates may also continue to send their queries to advisory@capindia.in