The government has extended the validity of the registration certificate issued to NGOss and other persons under the Foreign Contribution (Regulation) Act, 2010 (FCRA) expiring during the period from 29th September 2020 and 31st December 2021 up to 31st December 2021. The Ministry of Home Affairs (MHA) in a Public Notice No. No. II/21022/23(22)/2020-FCRA-III dated 30th September 2021 has notified the extension of the validity of FCRA Registration Certificates.
Earlier on 18th May 2021, MHA had extended the validity of registration certificates issued under the Foreign Contribution (Regulation) Act, 2010 which had expired or were expiring during the period between 29.09.2020 and 30.09.2021 up to 30.09.2021.
This validity period of the FCRA registration certificate is now further extended to 31.12.2021.
Earlier, the prevailing COVID-19 situation was the cause for granting the extension of the validity period of the FCRA registration certificate. This time the extension is granted due to an amendment in section 16(1) of the FCRA, 2010. The Public Notice dated 30.09.2021 stated that this has been done with a view to ensuring a smooth transition to the amended legal regime and, in the public interest, the government has decided that the FCRA registration certificates which are expiring during the period between 29th September 2020 and 31st December 2021 and which await renewal shall remain valid up to 31st December 2021.
Many registrations are about to expire on 30th September or on 31st October 2021. This is now extended to 31.12.2021. Thus those NGOs who have applied for renewal of registration where the registration has expired on 30.09.2021 but not receive the renewal certificate, shall now be eligible to receive and utilise the foreign funds till 31.12.2021.
NGOs that receive foreign contributions as donations are mandated to register themselves under the FCRA. The registration once granted remains valid for a period of five years. An organisation has to renew their registration certificate within a period of six months before the expiry for the existing registration.
Application for renewal of the certificate of registration shall be made in electronic form in form FC-3C.
The existing registration granted under the FCRA, 2010 will cease to exist from the date of completion of the period of 5 years to be counted from the date of grant of registration unless renewed. Once the registration ceases to exist, the association will not be eligible to receive foreign contributions or can utilize foreign contributions in hand.
Readers should note that 29th September 2020 is the date when the Foreign Contribution (Regulation) Amendment Act, 2020 was notified and has come into force.
Section 16 of the Foreign Contribution (Regulation) Act, 2010 provides for the renewal of registration certificates. Sub-section (1) to section 16 provides that every person who has been granted a certificate under section 12 shall renew their certificate within six months before the expiry of the period of the certificate.
The Amendment Act of 2020 has amended section 16(1) to empower the government to conduct an inquiry before renewing the certificate to ensure that the person making the application:
(i) is not fictitious or benami,
(ii) has not been prosecuted or convicted for creating communal tension or indulging in activities aimed at religious conversion,
(iii) has not been found guilty of diversion or misutilisation of funds,
among others conditions as stipulated in section 12(4) of the FCRA, 2010.
Update:
FCRA Registration Certificate Validity Extended to 30 September 2022
Read the full text of the Public Notice dated 30.09.2021 on Extension of validity of FCRA Registration Certificate till 31.12.2021
No. II/21022/23(22)/2020-FCRA-III
Government of India
Ministry of Home Affairs
(Foreigners Division-FCRA)
First Floor, Major Dhyan Chand National Stadium,
India Gate Circle, New Delhi-110001
Dated: the 30th September, 2021
PUBLIC NOTICE
Subject: Extension of the validity of the registration certificates issued under the Foreign Contribution (Regulation) Act, 2010 expiring during the period between 29th September, 2020 and 31st December, 2021 upto 31st December, 2021.
The Ministry of Home Affairs is mandated to administer the Foreign Contribution (Regulation) Act, 2010 (hereinafter referred as the Act). Section 12(6) of the Act provides that the certificate granted shall be valid for a period of five years from the date of its issue.
2. Section 16(1) of the Act has been amended by the Foreign Contribution (Regulation) Act, 2020. In continuation to this Ministry’s Public Notice No. II/21022/23(22)/2020-FCRA-III, dated 12th January, 2021 and Public Notice No.II/21022/36(58)/2021-FCRA-II, dated 18th May, 2021 and with a view to ensure smooth transition to the amended legal regime and in exercise of the power conferred by section 50 of the Act, the Central Government, in public interest, has decided that the FCRA registration certificates which are expiring during the period between 29th September, 2020 and 31st December, 2021 and which await renewal shall remain valid upto 31 st December, 2021.
3. This issues with the approval of the Competent Authority.
4. All concerned may take note of the above decision and take appropriate action in the matter.
D.S. Parihar
Deputy Secretary (FCRA)
Tele. 011-23077504
Download Public Notice dated 30.09.2021 on Extension of validity of FCRA Registration Certificate till 31.12.2021 in pdf format
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