The government has once again extended the validity of FCRA registration certificates whose renewals are pending as on date from 30.09.2023 to 31.03.2024.
In a Public Notice dated 25.09.2023 issued by the Ministry of Home Affairs (MHA), the validity of FCRA registration certificates of certain categories of FCRA-registered NGOs and other organisations has been extended from 30th September 2023 to 31st March 2023.
By a Public Notice No.II/21022/23(22)/2020-FCRA-III dated 25.09.2023, the Ministry of Home Affairs (MHA) has extended the validity of the following FCRA registered entities to 31st March 2024-
1. FCRA entities whose validity of registration was extended till 30.09.2023 vide Public Notice dated 24.03.2023 and the renewal of the application is pending.
2. FCRA entities whose 5-year validity of registration is expiring from 01.10.2023 to 31.03.2024 and have applied for renewal before the expiry of the 5-year validity period.
The validity of the FCRA registration certificate is extended to 31.03.2024 or till the date of disposal of the renewal application, whichever is earlier.
It is further clarified that in case of refusal of the renewal application, the cancellation of FCRA registration will take effect from the date of refusal. Hence, cancellation shall have a prospective effect.
Once the FCRA registration stands cancelled, the entity shall not be eligible to receive foreign contributions or utilize the foreign contribution.
On 24.03.2023, the MHA vide a Public Notice stated that all FCRA registrations expiring between the period 01.04.2023 to 30.09.2023 and those who have applied for renewal on the FCRA portal in accordance with Rule 12 of the Foreign Contribution (Regulation) Rules, 2011 before the expiry of the validity of their certificates of registration stands extended to 30.09.2023.
The Foreign Contribution (Regulation) Act, 2010 (“Act”) is administered by the Ministry of Home Affairs.
Further, the extension of the validity of the FCRA registration is granted till the date of disposal of the renewal application in case the renewal application is disposed of by the MHA. In other words, the extension of the validity of FCRA registration certificates up to March 31, 2024 or till the date of disposal of the renewal application, whichever is earlier, in the case of NGOs or organizations who have already applied for renewal by the validity date.
Many FCRA registration certificates were not renewed or denied by the MHA till date prompting the government to once again extend the validity of certificates.
This public notice is issued in continuation to the Home Ministry's Public Notice No.II/21022/23(22)/2020-FCRA-III dated 24.03.2023 regarding the extension of the validity of FCRA registration.
Thus the certificates of only those FCRA-registered NGOs or organizations are eligible to get the benefit of the extension who have applied for renewal of their FCRA registration certificates before the expiry of the validity of their registration certificates and awaiting renewal from the government.
As per FCRA law, if the registration of the FCRA registered entities is not renewed, their validity of FCRA registration will expire and the entity will not be eligible to receive foreign contribution (FC) after that date.
As per section 12(6) of the Act, the registration certificate granted shall be valid for a period of five years from the date of its issue.
Normally, in the case of renewal of registration application, the registered entity is eligible to receive FC till the date of validity of registration even if the renewal of FCRA registration is denied. This time it is clarified that in case of refusal of the application for renewal of the certificate of FCRA registration, the validity of the certificate shall be deemed to have expired on the date of the refusal of the application of renewal and the association shall not be eligible either to receive the foreign contribution or utilise the foreign contribution received.
Those NGOs who have valid registration certificates and awaiting renewal under FCRA regulations are eligible to receive FC after the expiry of September till 31st March 2023.
Thus, the validity of FCRA registration is extended to March 31, 2023 in the following cases-
(i) FCRA registration certificates of such entities whose FCRA registration validity was extended till 30.09.2023,
(ii) FCRA registration certificates of such entities are expiring between the period 01.10.2023 and 31.03.2024;
(iii) Such entities have applied/apply for renewal on FCRA portal before the expiry of the certificate of registration in accordance with rule 12 of the Foreign Contribution (Regulation) Rules, 2011; and
(iv) The renewal of the registration application of such entities has not been refused by the government.
This extension will apply to those organizations whose registration certificate is already renewed by the government. In those cases, the validity will expire on the date as mentioned in the registration certificate.
Read the full text of the Public Notice Dated 25.09.2023 on Extension of Validity of FCRA Registration Certificate till 30th September 2023
No.II/21022/23(22)/2020-FCRA-III
Government of India
Ministry of Home Affairs
(Foreigners-II Division-FCRA)
First Floor, Major Dhyan Chand National Stadium,
India Gate Circle, New Delhi.
Dated: the 25th September, 2023
PUBLIC NOTICE
Subject: Extension of the validity of FCRA registration certificates
In continuation of Ministry of Home Affairs' Public Notice No. II/21022/23 (22)/2020- FCRA-III, Dated 24.03.2023, the Central Government, in public interest, has decided to extend the validity of FCRA registration certificates of the following categories of FCRA registered entities:
(i) The validity of registration certificates of such entities whose validity was extended till 30.09.2023 in terms of the Public Notice dated 24.03.2023 and whose renewal application is pending, will stand extended till 31.03.2024 or till the date of disposal of renewal application, whichever is earlier.
(ii) The validity of those FCRA entities whose 5 years validity period is expiring during 01.10.2023 to 31.03.2024 and who have applied/will apply for renewal before expiry of 5 years validity period, will stand extended upto 31.03.2024 or till the date of disposal of renewal application, whichever is earlier.
2. All FCRA registered associations are therefore advised to take note that in case of refusal of the application for renewal of certificate of registration, the validity of the certificate shall be deemed to have expired on the date of refusal of the application of renewal and the association shall not be eligible either to receive the foreign contribution or utilise the foreign contribution received.
3. This issues with the approval of the Competent Authority. All concerned may take note of the above decision and take appropriate action in the matter.
(K Sanjayan)
Director (FCRA)
Download FCRA Public Notice Dated 25.09.2023 on Extension of Validity of FCRA Registration Certificate till 31.03.2024 in PDF format
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