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Registration or Prior permission from Central Government [ Section 11 ] - FCRA Ready Reckoner - FEMAExtract Registration or Prior Permission from Central Government There are two ways of accepting contribution according to FCRA, 2010 - First - By registration under section 11(1) Second - By prior permission under Section 11(2) Registration with the central government [ section 11(1) ] No person having a definite cultural, economic, educational, religious or social programme shall accept foreign contribution unless such person obtains a certificate of registration from the Central Government under section 12(1). Registered or Prior Permission granted before the FCRA, 2010 Any association registered with the Central Government under section 6 or Granted prior permission under that section of the Foreign Contribution (Regulation) Act, 1976, 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 of FCRA Act 2010. Prior Permission from central government [ Section 11(2) ] Every person referred to in section 11( 1 ) may, if it is not registered with the Central Government under that sub section, accept any foreign contribution only after obtaining the prior permission of the Central Government and such prior permission shall be valid for the specific purpose for which it is obtained and from the specific source: Take Prior Permission Contravention of any provision of FCRA Act, 2010 The Central Government, on the basis of any information or report, and after holding a summary inquiry, has reason to believe that a person who has been granted prior permission has contravened any of the provisions of this Act, it may, pending any further inquiry, The Central Government may direct that such person shall not utilise the unutilised foreign contribution or receive the remaining portion of foreign contribution which has not been received or, as the case may be, any additional foreign contribution, without prior approval of the Central Government: If any person referred u/s 11(1) or (2) found guilty of violation of any provisions If the person referred to in Section 11(1) or Section 11(2) has been found guilty of violation of any of the provisions of the FCRA Act 2010 or the Foreign Contribution (Regulation) Act, 1976 Then, the unutilised or unreceived amount of foreign contribution shall not be utilised or received, as the case may be, without the prior approval of the Central Government. Central government may issue notification for specific purposes [ Section 11(3) ] Notwithstanding anything contained in this Act , 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 utilised with the prior permission of the Central Government; or ( iii ) the purpose or purposes for which the foreign contribution shall be utilised 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. Rule 9 of FC(R) Rules 2011 provides registration process for accepting the foreign contribution Make application for registration or Prior Permission to Central Government [Sub-rule (1) ] (i) An application for certificate of registration by a person for acceptance of foreign contribution shall be made in electronic form in Form FC-3A with an affidavit executed by each office bearer and key functionary and member in Proforma AA appended to these rules and (ii) An application for obtaining prior permission by a person for acceptance of foreign contribution, shall be made in electronic form in Form FC-3B with an affidavit executed by each office bearer and key functionary and member in Proforma AA appended to these rules. (iii) The applicant shall upload the signed or digitally signed application along with scanned documents as specified by the Central Government from time to time. (iv) Any person making an application for registration shall have an FCRA Account . Intimate about if open more than one Bank Account to Ministry of home Affairs As per Rule 9(1)(e), The person 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 in electronic form in Form FC-6D shall be furnished to the Secretary, Ministry of Home Affairs, New Delhi within fifteen days of the opening of any account. Furnishing the FCRA account Details Every application seeking certificate of registration, made before the commencement of these rules but not disposed of, shall be considered after furnishing the details of FCRA Account. [ sub rule 1A ] Any person making an application for obtaining prior permission rule 9(1)(a) shall have an FCRA Account. [ sub rule 2(d) ] Every application for obtaining prior permission under the rule 9(1)(a) made before the commencement of these rules but not disposed of, shall be considered after furnishing the details of FCRA Account. [ Sub Rule 2A ] Make application for opening more than one bank account [ Sub rule (2) ] A person seeking prior permission under this rule 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 in electronic form in form FC-6D shall be furnished to the Secretary, Ministry of Home Affairs, New Delhi within fifteen days of the opening of any account. [Sub rule 2(e) ] Can not apply second application within six month [ Sub rule 3 ] No person shall prefer a second application for registration or prior permission within a period of six months after submitting an application either for the grant of prior permission for the same project or for registration. Fees payable with application for registration or prior permission [ sub rule 4 ] (a) An application made for the grant of prior permission shall be accompanied by a fee of rupees five thousand only, which shall be paid through the payment gateway specified by the Central Government. (b) An application made for the grant of registration shall be accompanied by a fee of rupees ten thousand only, which shall be paid through the payment gateway specified by the Central Government. (c) The fee may be revised by the Central Government from time to time. Application made for Registration or Prior Permission before commencement of these rules [ Sub rule 5 ] Notwithstanding anything contained in Rule 11(1) to (4), every application made for registration or prior permission under the Foreign Contribution (Regulation) Act, 1976 but not disposed of before the date of commencement of these rules shall be deemed to be an application for registration or prior permission, as the case may be, under the rules 11, subject to the condition that the applicant furnishes the prescribed fees for such registration or prior permission, as the case may be. Receipt of foreign contribution in Instalment in application for obtaining prior permission, if amount exceeds Rs. One Core [ rule 9A ] If the value of foreign contribution on the date of final disposal of an application for obtaining prior permission under rule 9(1)(a) is over One Crore, the central government may permit receipt of foreign contribution in such instalment , as it may deem fit. However, the second and subsequent instalment shall be released after submission of proof of utilisation of the foreign contribution received in the previous instalment and after field inquiry of the utilisation of foreign Contribution
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