What is fcra bill

Provided further that no funds other than foreign contribution shall be received or deposited in such account or accounts. She is currently pursuing a certificate course on U. Puja has worked on various regulatory and compliance matters, as well as policy and advocacy initiatives, in Rahul Rishi leads social sector practice and impact investing at Nishith Desai Aassociates.

He has been an avid speaker on various domestic and international forums on philanthropy, impact investing, blended finance and social businesses. Skip to main content. New Articles. Shatzkes and Ehiguina L.

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There could be little disagreement with the Government's stated object of the Bill to strengthen compliance mechanism, enhance transparency and accountability and facilitate genuine NGOs. However, it is not clear how the Bill will achieve that object. For example, one of the Bill's object is stated to be to deal with non-compliances. One such non-compliance cited by the Government is non-filing of annual returns and non-maintenance of proper accounts.

However, none of the amendments seem to address this concern. On the other hand, as discussed above, several of the amendment seem to have no connection with the Bill's objects. The NGO sector is already heavily regulated and international donors find it difficult to make grants in India. Going forward, this will become more cumbersome because of the amendments. In the current times when foreign funds are most needed for Covid 19 related relief activities, these changes could prove to be counter-productive.

Rule 24 of the Foreign Contribution Regulation Rules, The content of this article is intended to provide a general guide to the subject matter.

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Learn More Accept. Government, Public Sector. Your LinkedIn Connections with the authors. To print this article, all you need is to be registered or login on Mondaq. Need for regulation The need to regulate foreign contributions coming into India was felt soon after independence when foreign funded NGOs began mushrooming in India. He said: "The nation is today poised for a take-off and we are determined to reshape our destiny and our economy.

Prohibition on transfer of foreign contribution The Bill substitutes Section 7 of FCRA to prohibit persons authorized under FCRA to receive foreign contributions from transferring such foreign contributions to any person.

Mandatory identification requirements The Bill introduces a new provision in FCRA enabling the Government to require any person who applies for a permission or registration under FCRA or its renewal to provide Aadhaar cards of all its office bearers or directors or other key functionaries or, in case of foreigners, a copy of passport or overseas citizen of India card.

Conclusion There could be little disagreement with the Government's stated object of the Bill to strengthen compliance mechanism, enhance transparency and accountability and facilitate genuine NGOs. Footnotes 1. Rule 24 of the Foreign Contribution Regulation Rules, The content of this article is intended to provide a general guide to the subject matter. Pranav Srivastava. Aashna Kothiyal. The Indian evidence Act, is the principal statute governing the rules of evidence in judicial proceedings.

On 15 February , in an effort to boost innovation in the sector, the Government of India announced the liberalisation of policies on the acquisition and production of geospatial and mapping data.

These amendments have, inter alia, resulted in a power shift from the RBI to the Central Government, enhancing the latter's involvement in the foreign exchange transactions. Legitimate Expectation means that a person may have a reasonable expectation of being treated in a certain way by administrative authorities owing to some consistent practice in the past or an express promise made by the concerned authority.

Unconscionability is a legal concept stemming from the equitable principle of fairness in legal relations, whether contractual or otherwise. Seamec Ltd. Oil India Ltd. Before finalizing the contract price for any given project, a contractor has to factor in a number of elements ranging from cost of materials to the cost of complying with the legal This is the equivalent of the government introducing laws that ask for-profit companies to impose a cap on expenditure on salaries or facilities.

Organisations that are able to raise funds from abroad do so on the basis of their credibility or relationship with the donor. If donors determine that funds are not being used on direct delivery of programmes but instead are being wasted on administrative expenses, it is up to them to respond. There is hardly any need for the government to get involved in such matters. In the current circumstances, this should worry NGOs and civil society organisations.

By suspending the FCRA certificate, the government can starve organisations of funds while it investigates them. Suvojit Chattopadhyay is currently based in Dhaka, and works on issues of public sector governance and development management in South Asia. You can find his blog here. He tweets suvojitc. About Us. Support Us Login. Become A Supporter. Hindi Marathi Urdu.

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