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Foreign Contribution (Regulation) Amendment Rules 2015

FEMA - G.S.R. 966(E) - Dated:- 14-12-2015 - MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 14th December, 2015 G.S.R. 966(E).-In exercise of the powers conferred by section 48 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010), the Central Government hereby makes the following rules, further to amend the Foreign Contribution (Regulation) Rules, 2011, namely:- 1. (1) These rules may be called the . (2) They shall come into force on the date of their publication in the Official .....

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uted, namely:- (b) The applicant shall upload the signed or digitally signed application along with scanned documents as specified by the Central Government from time to time ; (C) in clause (e), for the words on plain paper , the words electronically online in form FC-6 shall be substituted; (b) in sub-rule (2), - (A) clauses (a), (b) and (c) shall be omitted; (B)in clause (e), for the words on plain paper , the words electronically online in Form FC-6 shall be substituted; (c) in sub-rule(4), .....

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13, the following rule shall be substituted, namely:- 13. Declaration of receipt of foreign contribution.- (a) A person who has been granted a certificate of registration or prior permission shall place the audited statement of accounts on receipts and utilisation of the foreign contribution, including income and expenditure statement, receipt and payment account and balance sheet for every financial year beginning on the first day of April within nine months of the closure of the financial year .....

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shall be substituted, namely:- 16. Reporting by banks of receipt of foreign contribution.- The bank shall report to the Central Government within forty-eight hours any transaction in respect of receipt or utilisation of any foreign contribution by any person whether or not such person is registered or granted prior permission under the Act. ; (v) in rule 17, - (a) for sub-rule (1), the following sub-rule shall be substituted, namely:- (1) Every person who receives foreign contribution under the .....

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all be substituted; (d) in sub-rule (4), for the letters and figure FC-8 , the letters and figure FC- 1 shall be substituted; (e) in sub-rule (6), for the letters and figure FC-7 , the letters and figure FC-4 shall be substituted; (f) in sub-rule (8), the following proviso shall be inserted, namely:- Provided that where foreign contribution has not been received or utilised during a financial year, it shall not be required to enclose certificate from Chartered Accountant or income and expenditur .....

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n or its address within the State for which registration/ prior permission has been granted under the Act; (ii) its nature, aims and objects and registration with local/relevant authorities,; (iii) bank and/or branch of the bank and/or designated foreign contribution account number; and (iv) key members of the association if at any point of time such change causes replacement of fifty percent or more of the original key members as reported in the application for grant of registration/ prior perm .....

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e Secretary to the Government of India, Ministry of Home Affairs, Foreigners Division (FCRA Wing) NDCC-II Building, Jai Singh Road New Delhi - 110001. Subject: Intimation to the Central Government of receipt of foreign contribution by way of gift from relative by an individual / Foreign Contribution in the form of Articles/ Securities/ by a candidate for Election [section 21 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010): Sir, I, ………………& .....

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tribution by way of gift from relative) 1. Name of the recipient in full (in block letters): 2. Date of birth: 3. Name of Father/Spouse: 4. Contact details of the recipient (a) Address: (b) Telephone and mobile number with STD code (c) e-mail address 5. Permanent Account Number (PAN) of the recipient in India: 6. Amount of foreign contribution received, if it exceeds ₹ 1 lakh or equivalent in a financial year: 7. Number of the Bank Draft or telegraphic transfer or other communication inclu .....

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cant: (i) Name in full: (ii) Contact Details: (a) Address (b) Official Telephone No.(with STD code): (c) Official e-mail address (iii) FCRA Registration/Prior Permission number and date, if any (iv) PAN (Permanent Account Number) of the Association: 2. Details of articles : Date Name of article (s) Description Name and address of the person from whom received Purpose Quantity Approximate value (Rs.) Mode of Utilisation/Disposal (if disposed to whom) (1) (2) (3) (4) (5) (6) (7) (8) 3. Details of .....

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Government of Receipt of Foreign Contribution received by a candidate for Election section 21 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010)] 1. Name in full: 2. Date of Birth: 3. Name of father/spouse: 4. Contact details (a) Address: (b) e-mail address (c) telephone and mobile number (with STD Code) 5. Date on which duly nominated as a candidate for election to a Legislature and particulars of Legislature: (See section 21 of the Act) 6. Details of foreign contribution received .....

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RM FC-2 [See rule 7(1)] The Secretary to the Government of India, Ministry of Home Affairs, Foreigners Division (FCRA Wing) NDCC-II Building, Jai Singh Road New Delhi - 110001 Subject: Application for seeking prior permission of the Central Government to accept foreign hospitality. [Note: For foreign hospitality availed in case of emergent medical aid situation, intimation to be given on plain paper to the Secretary, Ministry of Home Affairs at the address mentioned in FORM FC-2, within sixty da .....

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roposed to be availed Names of cities/countries for which hospitality is to be accepted Duration of stay From/To Purpose of visit Nature of hospitality to be accepted Duration of hospitality to be accepted Approximate expenditure to be incurred on hospitality (Rs.) Remarks In Cash In kind (1) (2) (3) (4) (5) (6) (7) (8) 8. Particulars of host(s): - Nature of Host - individual / Organisation Full Name Nationality/ Passport Number Profession Address e-mail address Fixed line telephone Number (with .....

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e rule 9 (1) (a) / rule 12] No_________________ Date ________________ The Secretary to the Government of India, Ministry of Home Affairs, Foreigners Division (FCRA Wing) NDCC-II Building, Jai Singh Road New Delhi - 110001 Subject: Application for registration / prior permisssion / renewal under section 11 (1) & (2) / section 16 of the Foreign Contribution (Regulation) Act, 2010 for the acceptance of foreign contribution by an Association having definite cultural, economic, educational, relig .....

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(a) Name in full: (b) Address: (c) Telephone No. of the Association (with STD Code): (d) e-mail address of the association (e) official Website address, if any: (f) Telephone and mobile (with STD code) of the Chief Functionary 2. Details of Registration: (a) Name of the Act like Societies Registration Act, 1860, Indian Trust Act, 1882, Companies Act, 1956 /Companies Act, 2013, etc under which the association is registered: (b) Number, date and place of Registration: (self-certified copy of the .....

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andum of Association and/or the Articles of Association, showing aims and objects of association): 5. (a) Details of the key functionaries of the Association: Name Name of father/spouse Nationality Aadhaar Number, if any Occupation Designation in the Association Relationship with other Member(s) of the Executive Council / Governing body / Office bearers Contact Details: Office Address; Residential Address; e-mail address;; Landline No.; mobile No. (1) (2) (3) (4) (5) (6) (7) (8) (b) If any of th .....

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er prosecution for any offence pending against him/her: (c) been found guilty of diversion or mis-utilisation of funds of the Association or any other Association in the past: (d) has been prohibited from accepting foreign contribution: (e) is a current Key functionary of any other association: (f) is a current Key functionary of any other association against whom an order under section 13 or 14 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) has been passed: Note: If any of the .....

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t: (c) has been directed in terms of section 9 (d) of the Act to seek prior permission by the Central Government. If so, the number and date of the relevant order: (d) had earlier been proceeded against as per provision of the Foreign Contribution (Regulation) Act, 1976 (49 of 1976)/ Foreign Contribution (Regulation) Act 2010 (42 of 2010), if so, the details thereof: 9. (a) Details of designated FC bank account for receipt of Foreign Contribution: Name of the Bank Branch Address (with PIN Code) .....

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ion without prior permission in the past. If so, furnish full particulars (b) said violation has been condoned/ compounded by the Central Government, if so, the number and date of the relevant order: (c) Association has been prohibited from accepting foreign contribution, if so, details thereof 11. Whether: (i) the Association had applied for registration under the Foreign Contribution (Regulation) Act, 1976 (49 of 1976) / Foreign Contribution (Regulation) Act 2010 (42 of 2010) in the past, and .....

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cancelled: (d) if answer to any of (a) to (c) is yes, please give full particulars. 12. Details of commitment of foreign contribution from donor. (applicable to prior permission cases only): Nature of the foreign contribution Value (including name of currency) Name of the project/ Activity; address of implementation with brief details of the project and budget break-up Purpose (Cultural/economic/ educational/ religious/ social) (1) (2) (3) (4) (A copy of the latest and duly signed commitment le .....

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a) I hereby declare that the information furnished above is true and correct; And I undertake: (b) that the receipt of foreign contribution and its utilization shall not be violative of any of the provisions of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010)/rules, notifications/orders issued there under from time to time; Place: Date: Signature of the Chief Functionary [Name of the Chief Functionary in block letters] (Seal of the Organisation/Association) Note: Applicant seeking re .....

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tribution: (i) Foreign Contribution received in cash/ kind (value) (a) Brought forward foreign contribution at the beginning of the year (Rs.) (b) Interest or other receipt during the year* (c) Foreign Contribution received during the financial year (i) Directly from a foreign source (ii) as transfer from a local source (d) Total Foreign Contribution (a+b+c) (Rs.) * i.e. interest accrued on foreign contribution, or any other income derived from foreign contribution, e.g. sale proceeds from asset .....

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al Utilisation** for projects as per aims and objectives of the association (Rs.) (b) Total Administrative Expenses as provided in Rule 5, FCRR 2011 (Rs.) (c) Total invested in term deposits (Rs.) (d) Total purchase of fresh assets (Rs.) (e) Total utilization in the year (Rs.) (a+b+c+d) ** It is affirmed that the utilisation of foreign contribution is not in contravention of the provisions contained in FCRA, 2010 and more particularly in Section 9 and Section 12 of the Act which, inter-alia, sta .....

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cash/bank, at the end of the year (Rs): (v) Total number of foreigners working (salaried/ in honorary capacity): 3 (a) Details of designated FC bank account for receipt of Foreign Contribution (As on 31st March of the year ending): Name of the Bank Branch Address (with PIN code) IFSC Code Account No. (1) (2) (3) (4) (b) Details of all utilization bank accounts for utilization of Foreign Contribution (As on 31st March of the year ending): Name of the Bank Branch Address (with PIN code) IFSC Code .....

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Central Government. Place: Date: Signature of the Chief Functionary (Name of the Chief Functionary in block letters) (Seal of the Association) Certificate to be given by Chartered Accountant I/We have audited the account of _______________________ (name of Association and its full address including State, District and Pin Code, if registered society, its registration number and State of registration) for the financial year ending the 31st March____________ and examined all relevant books and vo .....

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ce of unutilised foreign contribution with the Association at the end of the financial year________ was Rs. _________________; (v) Certified that the Association has maintained the accounts of foreign contribution and records relating thereto in the manner specified in Section 19 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) read with rule 17 of the Foreign Contribution (Regulation) Rules, 2011. (vi) The information in this certificate and in the enclosed Balance Sheet and stat .....

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te Jantar Mantar) New Delhi - 110001 Subject: Application for seeking permission for transfer of foreign contribution to other un-registered persons. Sir, I _____________________________, on behalf of the Association ___________ apply for seeking permission of the Central Government under the proviso to Section 7 of Foreign Contribution (Regulation) Act, 2010 (42 of 2010) for transfer of foreign contribution to other un-registered persons, as per details given below: 1. FCRA registration/ prior .....

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istration Act, 1860, Indian Trust Act, 1882, Companies Act, 1956/ Companies Act, 2013, etc. under which the association is registered: (b) Registration number, date and place of registration: (self-certified copy of the registration certificate to be enclosed) 4. Amount of Foreign contribution to be transferred: 5. Purpose for the proposed transfer of foreign contribution 6. Bank details and exclusive FCRA designated account number opened by the recipient, in which FC is proposed to be transferr .....

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value of the foreign contribution received by him during the financial year; (b) the transferor shall not transfer any amount of foreign contribution until the Central Government approves such transfer. (ii) Both the transferor and the recipient shall be responsible for ensuring proper utilisation of the foreign contribution so transferred and such transfer of foreign contribution shall be reflected in the returns in Form FC-4 to be submitted by both the transferor and the recipient. FORM FC-6 [ .....

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ign Contribution (Regulation) Act, 2010: Sir, I, …………………………………….. as an individual/ association/ company hereby submit the following intimation as required under Rule 17A of the Foreign Contribution (Regulation) Rules, 2011: Change of name and/ or aims and objects of the association Yes/ No Change of address within the State for which registration/ prior permission granted under the above Act Yes/ N .....

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association: Part A (To be filled by applicant giving intimation regarding Change of name and/ or aims and objects of the association) (i) Amended/ changed name of the association as recorded with local/ relevant authority (ii) Amended/ changed aims and objects of the association as recorded with local/ relevant authority (self-certified copy of amendment approved by local/relevant authority to be enclosed) Part B (To be filled by applicant giving intimation regarding Change of address within t .....

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of letter from the existing bank and the new bank regarding the change to be enclosed) Part D (To be filled by applicant giving intimation of opening of Utilisation Bank Account(s) for the purpose of utilization of foreign contribution) Name of the Bank Branch Address IFSC Code Utilisation Account Number (1) (2) (3) (4) Part E (To be filled by applicant giving intimation regarding change in more than 50% of key members of the association) Details of all the key members of the association after .....

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