TMI Blog2023 (10) TMI 891X X X X Extracts X X X X X X X X Extracts X X X X ..... xed deposits or in government bonds etc. are also unutilized foreign contributions which can be made available to the person whose account has been suspended pending the inquiry u/s 14 of the FCRA. There is no reason for this Court to disbelieve the statement that the Petitioner has already utilized the figures given by it regarding the expenses to be incurred for its survival pending consideration of the cancellation of registration u/s 14 of the FCRR. There is nothing in the said Section which restricts that only the amounts lying in the current account can be permitted to be utilized, this Court is inclined to allow the Petitioner to utilize the 25% of the total FCRA funds held it in fixed deposits, government bonds etc. pending co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to the Petitioner. 3. The Petitioner has been granted certificate of registration under the FRRA. Allegations surfaced to the effect that the foreign contribution received by the Petitioner has been utilised for purposes other than for what it was registered and that the said amount is being used for undesirable purposes which amounts to violation of the FCRA. 4. It is stated that Respondent herein passed an Order dated 27.02.2023 (Impugned Order) suspending the certificate of registration of the Petitioner pending consideration for cancellation of certificate of registration granted to the Petitioner. 5. Section 13(2) of the FCRA provides that every person whose certificate has been suspended shall not receive any foreign contri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y hereby permits CPR, Delhi, to utilize 25% of the foreign contribution amount lying in its custody (which works out to Rs. 1,79,10,236/-. The CPR, Delhi will maintain an account of expenses and furnish a copy of the same to this Ministry on a monthly basis. 2. This issues with the approval of the competent authority. 8. It is stated by the Petitioner that the Respondent has calculated the 25% of the contribution held by the Petitioner only of the current bank accounts. It is stated that the total available balance in the current bank accounts was Rs. 7,16,40,945/- and the Petitioner has not taken into account the unutilized amount which is lying in different deposit accounts/schemes like FDs, Government Bonds etc. which also oug ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion. 13. Section 13(2) of the FCRA and Rule 14 of the FCRR reads as under:- 13 Suspension of certificate. (1) Where the Central Government, for reasons to be recorded in writing, is satisfied that pending consideration of the question of cancelling the certificate on any of the grounds mentioned in sub-section (1) of section 14, it is necessary so to do, it may, by order in writing, suspend the certificate for such period not exceeding one hundred and eighty days as may be specified in the order. (2) Every person whose certificate has been suspended shall (a) not receive any foreign contribution during the period of suspension of certificate: Provided that the Central Government, on an application made by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tc. are also unutilized foreign contributions which can be made available to the person whose account has been suspended pending the inquiry under Section 14 of the FCRA. 16. There is no reason for this Court to disbelieve the statement that the Petitioner has already utilized the figures given by it regarding the expenses to be incurred for its survival pending consideration of the cancellation of registration under Section 14 of the FCRR. 17. In view of the fact that there is nothing in the said Section which restricts that only the amounts lying in the current account can be permitted to be utilized, this Court is inclined to allow the Petitioner to utilize the 25% of the total FCRA funds held it in fixed deposits, government bonds ..... X X X X Extracts X X X X X X X X Extracts X X X X
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