FCRA - Organizations Supporting Public Causes Without Political Affiliations Not Barred From Accepting Foreign Contributions : SC
5 years ago

FCRA - Organizations Supporting Public Causes Without Political Affiliations Not Barred From Accepting Foreign Contributions : SC

Live Law  

The Supreme Court on Friday held that organizations supporting public causes without political affiliations are not banned from accepting foreign contributions in terms of the Foreign Contribution Act 2010 and Rules made thereunder.As per Section 3 of FCRA, an "organization of political nature" as specified by the Central Government is banned from receiving. The Supreme Court on Friday held that organizations supporting public causes without political affiliations are not banned from accepting foreign contributions in terms of the Foreign Contribution Act 2010 and Rules made thereunder. As per Section 3 of FCRA, an "organization of political nature" as specified by the Central Government is banned from receiving foreign contributions. On the other hand, such of those voluntary organisations which have absolutely no connection with either party politics or active politics cannot be denied access to foreign contributions" The Bench further noted that the organisations that channel foreign funds by political parties cannot escape the rigour of the Act, provided there is concrete material.

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History of this topic

Government warns NGOs of penal action for receiving foreign funds without FCRA registration
2 months, 1 week ago

Government warns NGOs of penal action for receiving foreign funds without FCRA registration

The Hindu  

The Union Home Ministry on Tuesday warned non-government organisations of penal action if they receive foreign funds without registration under the Foreigners Contribution Regulation Act, 2010. “Accordingly, the Foreign Contribution Rules, 2011 prescribes that no person whose certificate of registration has ceased to exist shall either receive or utilise foreign contribution. However, instances have come to notice of this Ministry …

MHA warns unlicensed NGOs against receiving foreign funds
2 months, 1 week ago

MHA warns unlicensed NGOs against receiving foreign funds

Hindustan Times  

The Union home ministry has warned that non-government organisations that receive and utilise foreign funds without having a licence under the foreign contribution regulation act or after its expiry will be penalised, according to a communication by the ministry on Tuesday. All NGOs receiving foreign funds have to be mandatorily registered under the FCRA and they have to utilise such …

Home Affairs Ministry mandates chartered accountants to report FCRA violations in their audits
2 months, 3 weeks ago

Home Affairs Ministry mandates chartered accountants to report FCRA violations in their audits

New Indian Express  

NEW DELHI: The Foreigner's Division of the Union Ministry of Home Affairs has announced that Chartered Accountants filing audit returns on behalf of NGOs must specify whether the organization has violated provisions of the Foreign Contribution Act, 2010, officials said on Sunday. It further said, “CAs will have to specify if the NGO has violated the provisions of FCRA, 2010 …

No FCRA for NGOs linked to conversions, radical groups: Govt
4 months, 2 weeks ago

No FCRA for NGOs linked to conversions, radical groups: Govt

Hindustan Times  

The Union ministry of home affairs has, for the first time, explicitly listed the reasons for denying the clearance needed under the Foreign Contribution Regulation Act to receive funds from abroad. The ministry said it is putting out “consolidated reasons” after receiving a representation from several NGOs seeking clarity on why their clearance under FCRA was denied. Key reasons for …

India is weaponising FATF recommendations against civil society
1 year, 5 months ago

India is weaponising FATF recommendations against civil society

Al Jazeera  

The October 3 raids on the news website “NewsClick” and the arrest of its founder, Prabir Purkayastha and human resources head, Amit Chakravarty, are the latest attempts by the Indian government to decimate independent and critical media in the country. It targeted many media outlets and non-profits, including Amnesty International, which I represent, with these laws under the guise of …

Six organisations whose foreign funding licence was suspended by govt
2 years ago

Six organisations whose foreign funding licence was suspended by govt

Hindustan Times  

The Centre on Monday suspended the Foreign Contribution Regulation Act licence of the non-governmental organisation, Centre for Policy Research, for 180 days over an alleged violation of laws. The FCRA registration is mandatory for any NGO or association to receive foreign funds As per reports, The CPR has been asked to give clarification and documents regarding FCRA funds received by …

FCRA registrations of over 1800 organisations have been cancelled between 2019 and 2021: MHA in Lok Sabha
2 years, 3 months ago

FCRA registrations of over 1800 organisations have been cancelled between 2019 and 2021: MHA in Lok Sabha

Op India  

The Foreign Contribution Act registration certificates of 1,811 associations have been cancelled from 2019 to 2021, the Ministry of Home Affairs told the Lok Sabha on Tuesday. “During the last three years from 2019 to 2021, the FCRA Registration Certificates of 1,811 associations have been cancelled under section 14 of The Foreign Contribution Act, 2010 due to violation of provisions …

PFI Ban and After: Govt Must Plug FCRA Loopholes to Block Foreign Funding to Anti-India Outfits
2 years, 5 months ago

PFI Ban and After: Govt Must Plug FCRA Loopholes to Block Foreign Funding to Anti-India Outfits

News 18  

The Government of India raiding the Popular Front of India has sent shockwaves among Islamist and other anti-India outfits. The PFI exploited two major loopholes in the Foreign Contribution Act, 2010 to get funding from foreign sources for subverting India’s unity, integrity, sovereignty, and social and economic stability of the country. This explanation to Section 2 says, “Any amount received, …

When less is not more – FCRA amendments and Supreme Court’s rights jurisprudence
2 years, 9 months ago

When less is not more – FCRA amendments and Supreme Court’s rights jurisprudence

Hindustan Times  

Quite often, judgments of the Supreme Court criticised for being lengthy and cumbersome. The SC’s recent judgment in Noel Harper v. Union of India, affirming the validity of certain amendments to the Foreign Contribution Act, 2010, despite being of decent length, could have fared better on both counts. The FCRA regulates acceptance and utilisation of foreign contribution or foreign hospitality …

FCRA curbs meant to insulate democratic polity from foreign influence: SC
2 years, 11 months ago

FCRA curbs meant to insulate democratic polity from foreign influence: SC

The Hindu  

The Parliament has to periodically intervene to curb the “increasing influence” of foreign funds on the polity of the nation, the Supreme Court said on Friday in a judgment. The Bench led by Justice A.M. Khanwilkar agreed with the government’s argument that the amendments to prevent democratic polity, public institutions and “individuals working in the national democratic space from being …

No one has fundamental or absolute right to receive foreign donations: Supreme Court
2 years, 11 months ago

No one has fundamental or absolute right to receive foreign donations: Supreme Court

The Hindu  

The Supreme Court on Friday upheld amendments introducing restrictions in the Foreign Contribution Regulation Act while holding that no one has a fundamental or absolute right to receive foreign contributions. They require NGOs and recipients to open a new FCRA account at a specified branch of the State Bank of India in New Delhi as a “one-point entry” for foreign …

Supreme Court Upholds FCRA(Amendment)Act Of 2020
2 years, 11 months ago

Supreme Court Upholds FCRA(Amendment)Act Of 2020

Live Law  

The Supreme Court on Friday upheld the 2020 amendments made to the Foreign Contribution Act 2010, which introduced restrictions in the handling of foreign contributions by organizations in India.A bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar pronounced the judgment in PILs challenging the Foreign Contriubtion Amendment Act 2020 Act 2010, which introduced restrictions in the handling of …

Foreign funds and the Missionaries of Charity
3 years, 3 months ago

Foreign funds and the Missionaries of Charity

The Hindu  

The story so far : On Monday, the Ministry of Home Affairs said the Missionaries of Charity’s application for renewal of the Foreign Contribution Act registration was rejected on December 25 for not meeting eligibility conditions and after “some adverse inputs” were received. THE GIST The MHA said the Missionaries of Charity’s application for renewal of the FCRA registration was …

Centre has justified FCRA non-renewal for NGOs in Supreme Court
3 years, 3 months ago

Centre has justified FCRA non-renewal for NGOs in Supreme Court

The Hindu  

The non-renewal of the Foreign Contribution Act registration of the Missionaries of Charity citing “audit irregularities” comes shortly after a line of argument made by the government in the Supreme Court recently that NGOs have no fundamental right to receive “unbridled foreign contributions”. Foreign contributions, considering their nature and vast expanse of abuse, area tightly and controlled means.” the MHA …

FCRA license of 3 minority NGOs revoked
3 years, 3 months ago

FCRA license of 3 minority NGOs revoked

The Hindu  

The Union Ministry of Home Affairs has cancelled the FCRA registration of a Vadodara-based NGO that was accused by the Gujarat police of illegally converting members of the Hindu community, funding the anti-CAA protests and for criminal activities to strengthen Islam. The registration of two other Christian NGOs — the New Hope Foundation, based in Tamil Nadu, and Holy Spirit …

FCRA Amendments Aim To Prevent Foreign Powers Interfering With Internal Polity, Diversion Of Funds By NGO : Centre Tells Supreme Court
3 years, 5 months ago

FCRA Amendments Aim To Prevent Foreign Powers Interfering With Internal Polity, Diversion Of Funds By NGO : Centre Tells Supreme Court

Live Law  

Defending the Foreign Contribution Regulation Act 2020, the Central Government has said that the changes in the law were necessary to prevent malpractices and diversion of funds by NGOs.The Centre said that the amendments were necessary in view of the fact that some foreign powers and foreign state and non-state actors continue to take up activities that amount to interference …

FCRA: Govt permits NGOs to open SBI account under new rules
3 years, 9 months ago

FCRA: Govt permits NGOs to open SBI account under new rules

Op India  

On Thursday, the Union Ministry of Home Affairs informed the Delhi High Court that all NGOs, with the exception of one, have been permitted to open bank accounts with the State Bank of India in the National Capital, reported The Economic Times. It must be mentioned that all NGOs, receiving foreign donations, are required by law to have their primary …

COVID- Can Deadline For Opening FCRA Accounts By NGOs Getting Foreign Aid Be Extended?: Delhi High Court Asks Centre
3 years, 10 months ago

COVID- Can Deadline For Opening FCRA Accounts By NGOs Getting Foreign Aid Be Extended?: Delhi High Court Asks Centre

Live Law  

The Delhi High Court last week asked the Ministry of Home Affairs to consider extending the deadline for opening the Foreign Contribution Act account by NGOs who seek to receive foreign funds.The Bench of Justice Prathiba M. Singh was hearing two Petitioners who raised an issue related to the. The Delhi High Court last week asked the Ministry of Home …

Author defends Hemkunt foundation receiving foreign fund without FCRA
3 years, 10 months ago

Author defends Hemkunt foundation receiving foreign fund without FCRA

Op India  

A few days ago, OpIndia published a report on how Hemkunt Foundation and others are possibly breaking the FCRA law by collecting foreign funds via fundraisers. If we go back to our initial report on FCRA, we had posted screenshots of the fundraisers where it was clearly mentioned that Hemkunt Foundation has tied up with another organization for foreign funds. …

FCRA amendments crippling our work, say NGOs
3 years, 10 months ago

FCRA amendments crippling our work, say NGOs

The Hindu  

The amendments to the Foreign Contribution Regulation Act enacted last year that among others made it compulsory for NGOs to open a bank account in Delhi has crippled the work of many organisations who are unable to receive foreign funds. An NGO has now moved the Delhi High Court seeking exemption from the Union Home Ministry’s March 31 deadline to …

India tightens oversight on funds received by NGOs
4 years, 2 months ago

India tightens oversight on funds received by NGOs

The Hindu  

The Ministry of Home Affairs has laid down a charter for banks which says that “donations received in Indian rupees” by non-governmental organisations and associations from “any foreign source even if that source is located in India at the time of such donation” should be treated as “foreign contribution”. Last September, the Foreign Contribution Act, 2010, was amended by Parliament …

Centre Asking Questions Over Foreign Donations, Says Farmer Union
4 years, 3 months ago

Centre Asking Questions Over Foreign Donations, Says Farmer Union

News 18  

Chandigarh: Bhartiya Kisan Union, one of Punjab's largest farmer organisations protesting against the recent farm laws, on Sunday said it has been asked by a central agency to submit its registration details which allow it to receive foreign funds. The BKU president Joginder Ugrahan and its general secretary Sukhdev Singh revealed about the Union government's demand alleging that the Centre …

Indian law on foreign funding a ‘tool to silence’ civil society
4 years, 4 months ago

Indian law on foreign funding a ‘tool to silence’ civil society

Al Jazeera  

International Commission of Jurists says amendment to FCRA law will ‘obstruct’ the work of NGOs in the country. Rights defenders have criticised an amendment to the Indian Foreign Contributions Act, which oversees foreign funding to NGOs, with International Commission of Jurists saying it is “a tool to silence” civil society organisations in the South Asia nation. In a briefing paper …

Home Ministry amends FCRA rules
4 years, 4 months ago

Home Ministry amends FCRA rules

The Hindu  

The Ministry of Home Affairs has relaxed norms for farmer, student, religious and other groups who are not directly aligned to any political party to receive foreign funds if the groups are not involved in “active politics”. The new rule said, “The organisations specified under clauses and of sub-rule shall be considered to be of political nature, if they participate …

Choking the NGO sector: The FCRA 2020 amendment deepens a licence raj that could throttle civil society
4 years, 5 months ago

Choking the NGO sector: The FCRA 2020 amendment deepens a licence raj that could throttle civil society

Times of India  

The passing of Foreign Contribution Amendment Bill, 2020, in both Houses of Parliament, without any real deliberations, poses deeply troubling and ominous messages for civil society and democracy in India. Before the amendment, the FCRA organisation needed a FCRA number or prior permission to receive money from a foreign source; the money can come to a designated account, which is …

Centre Notifies Act To Regulate Funds Received As Foreign Contributions [Read Notification]
4 years, 6 months ago

Centre Notifies Act To Regulate Funds Received As Foreign Contributions [Read Notification]

Live Law  

The Central Government on Monday notified the Foreign Contribution Amendment Act, 2020, to regulate the acceptance and utilisation of foreign contributions by individuals, associations and companies. The Act prohibits public servants from accepting any foreign contributions. The Act also provides that any person seeking Government approval must provide the Aadhaar number of all its office bearers, directors or key functionaries, …

Here's why foreign funded NGOs hate the FCRA amendment bill
4 years, 6 months ago

Here's why foreign funded NGOs hate the FCRA amendment bill

Op India  

The Foreign Contributions Amendment Bill, 2020 that was passed in the Lok Sabha on September 21 and Rajya Sabha on the 23rd of December had a chilling effect on several NGOs that are considering the amendment as blow to their financial freedom and functioning. VANI as a representative of 10,000 civil society organizations urges Rajya Sabha MPs to refer the …

International Commission of Jurists says FCRA Bill incompatible with international law
4 years, 6 months ago

International Commission of Jurists says FCRA Bill incompatible with international law

The Hindu  

The International Commission of Jurists on Thursday observed that the Foreign Contribution Amendment Bill, 2020 passed by Parliament on Wednesday was incompatible with international law and would hamper the work of civil society. The ICJ stressed that the Bill’s provisions would impose arbitrary and extraordinary obstacles on the capacity of human rights defenders and other civil society actors to carry …

Don’t weaponize the foreign contribution law
4 years, 6 months ago

Don’t weaponize the foreign contribution law

Live Mint  

The central government of India has passed the Foreign Contribution Amendment Bill, 2020, and thereby made significant changes to the Foreign Contribution Act, or FCRA. The greatest uptick, however, has been in restrictions on international funding, which now account for 35 percent of all restrictive measures.” Rutzen goes on: “The justifications that governments use for enacting restrictions on CSOs fall …

Why NGOs fear the new FCRA regulations
4 years, 6 months ago

Why NGOs fear the new FCRA regulations

India Today  

In the abridged monsoon session of Parliament, the contentious Foreign Contribution Regulation Act, 2020, was passed amid concerns by non-governmental organisations that the new changes will sound the death knell for them. Voluntary Action Network India, the apex body of Indian voluntary development organisations, said in a statement: “The FCRA will be a death blow to development relief, scientific research …

Parliament Passes Bill To Regulate Funds Received As Foreign Contributions [Read Bill]
4 years, 6 months ago

Parliament Passes Bill To Regulate Funds Received As Foreign Contributions [Read Bill]

Live Law  

The Rajya Sabha on Tuesday passed the Foreign Contribution Amendment Bill, 2020 to regulate the acceptance and utilisation of foreign contributions by individuals, associations and companies. FCRA account The Bill stipulates that foreign contribution must be 'received' only in an account designated by the bank as "FCRA account" in such branch of the State Bank of India, New Delhi, as …

The Hindu Explains | What is Foreign Contribution (Regulation) Act, and how does it control donations?
4 years, 6 months ago

The Hindu Explains | What is Foreign Contribution (Regulation) Act, and how does it control donations?

The Hindu  

September 13, 2020 12:42 am | Updated 09:57 am IST The story so far: The licences of 13 non-governmental organisations have been suspended under the Foreign Contribution Act, 2010, this year. However, in 2017 the MHA, through the Finance Bill route, amended the 1976-repealed FCRA law paving the way for political parties to receive funds from the Indian subsidiary of …

NGOs doing protests for public cause can get foreign fund: Supreme Court
5 years ago

NGOs doing protests for public cause can get foreign fund: Supreme Court

Op India  

In a ruling that could open floodgates pertaining to the functioning of non-governmental organisations in the country, the Supreme Court on Friday ruled that the Centre cannot prevent NGOs and civil society groups from receiving foreign funds if they indulge in agitations, bandhs or hartals in support of public causes, saying such action could not be termed political in nature. …

How foreign ‘donations’ pose a serious danger to our national security
5 years, 2 months ago

How foreign ‘donations’ pose a serious danger to our national security

Op India  

There is no such thing as free lunch. Large amount of funding for the so called non-profit or non-commercial sector in India is generated as overseas ‘donations’ by various organizations that are affiliated to foreign State and non-State actors. 2,08,096 Crores of foreign ‘donations’ has been pumped into the country, in the last two decades, by foreign sources through official …

Gujarat YMCA, University of Rajasthan among 1,807 NGOs and academic institutes barred from receiving foreign funds
5 years, 4 months ago

Gujarat YMCA, University of Rajasthan among 1,807 NGOs and academic institutes barred from receiving foreign funds

The Hindu  

Over 1,800 NGOs and academic institutes found to be violating laws have been banned by the government from receiving foreign funds this year, officials said on November 12. Among those whose registration under the Foreign Contribution Act has been banned include University of Rajasthan, Allahabad Agricultural Institute, Young Mens Christian Association, Gujarat and Swami Vivekananda Educational Society, Karnataka. “With the …

Government cancelled registration of 14,800 NGOs for FCRA violations
5 years, 8 months ago

Government cancelled registration of 14,800 NGOs for FCRA violations

Op India  

Over the last five years, the Narendra Modi led government has deregistered over 14,800 NGOs registered under the Foreign Contribution Regulation Act, which were receiving funds from abroad, reports Times of India. The Home Ministry said that various NGOs and association in India received nearly Rs.50,000 crore as foreign contributions over a period of three years from 2015-16 to 2017-18. …

Govt revokes JNU’s FCRA registration after it failed to file its annual returns
7 years, 6 months ago

Govt revokes JNU’s FCRA registration after it failed to file its annual returns

Op India  

The Central government according to reports, has revoked the Foreign Contribution Regulation Act-2010, of top Universities like the Jawaharlal Nehru University, which means that as a result they won’t be able to receive foreign funds. Other prominent educational institutes which have been barred include: Delhi University, Indira Gandhi National Open University, IIT-Delhi, Mumbai University, Pune University, Punjab University, Indian Council …

Govt bars JNU, DU, IGNOU from receiving foreign funds for violating FCRA
7 years, 6 months ago

Govt bars JNU, DU, IGNOU from receiving foreign funds for violating FCRA

India TV News  

Prominent academic institutions like JNU, Delhi University, IIT Delhi, ICAR besides Supreme Court Bar Association are among several hundred organisations barred by the Centre from receiving foreign funds. Among the institutions whose FCRA licence have been cancelled include Jawaharlal Nehru University, University Of Delhi, Indira Gandhi National Open University, Indian Institute Of Technology, Delhi, Panjab University, Indian Council Of Agricultural …

FCRA licences of 20,000 NGOs cancelled: Act being used as weapon to silence organisations
8 years, 3 months ago

FCRA licences of 20,000 NGOs cancelled: Act being used as weapon to silence organisations

Firstpost  

The National Democratic Alliance government has cancelled Foreign Contribution Regulation Act licences of about ever since it came to power in May 2014. The National Democratic Alliance government has cancelled Foreign Contribution Regulation Act licences of about 20,000 non-profit government organisations ever since it came to power in May 2014. The FCRA Rules, 2011, drafted by the United Progressive Alliance …

Time to repeal the FCRA
8 years, 3 months ago

Time to repeal the FCRA

The Hindu  

In early November, the Union Ministry of Home Affairs rejected the licence renewal applications, under the Foreign Contribution Act, 2010, of 25 non-governmental organisations. The National Human Rights Commission has issued a notice to the Home Ministry, observing, “Prima facie it appears FCRA licence non-renewal is neither legal nor objective and thereby impinging on the rights of the human rights …

Indira Jaising’s 'Lawyers Collective' barred from receiving Foreign Funds
8 years, 9 months ago

Indira Jaising’s 'Lawyers Collective' barred from receiving Foreign Funds

Live Law  

Union Home Ministry has suspended noted NGO Lawyers Collective's licence to receive foreign funds for Six months. Her husband and well known senior lawyer Anand Grover, also a trustee of LC had earlier denied the charges and termed the allegations as “motivated and mischievous” Commenting on the new development another Activist Lawyer Vrinda Grover said " Indira Jaising and Anand …

Indira Jaising’s 'Lawyers Collective' barred from receiving Foreign Funds
8 years, 9 months ago

Indira Jaising’s 'Lawyers Collective' barred from receiving Foreign Funds

Live Law  

Union Home Ministry has suspended noted NGO Lawyers Collective's licence to receive foreign funds for Six months. Her husband and well known senior lawyer Anand Grover, also a trustee of LC had earlier denied the charges and termed the allegations as “motivated and mischievous” Commenting on the new development another Activist Lawyer Vrinda Grover said " Indira Jaising and Anand …

Investigation into Foreign Funds Received by Political Parties begins
10 years, 9 months ago

Investigation into Foreign Funds Received by Political Parties begins

Live Law  

The Government has reportedly commenced steps to “relook and reappraise the receipts of the political parties and identify the contributions received from foreign sources” in compliance with the Delhi High Court order demanding the same.In a landmark judgment in March this year, the court had found BJP and Congress guilty of taking foreign funds and violating the Foreign. The Government …

BJP, Congress flouted foreign funding norms: Delhi HC
11 years ago

BJP, Congress flouted foreign funding norms: Delhi HC

The Hindu  

The Delhi High Court on Friday asked the Centre and the Election Commission to take appropriate action against the Congress and the BJP for allegedly accepting foreign funds in violation of the law. A division bench of Justice Pradeep Nandrajog and Justice Jayant Nath held that the two national political parties flouted the norms of the Foreign Contribution Act, rejecting …

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