FCRA stands for Foreign Contribution (Regulation) Act and it is a registration process to get Foreign Funds in India. NGOs having a definite economic, cultural, educational, social and religious programmes are entitled for the FCRA registration process. If any foreign citizen is member of NGO then to receive FCRA is not possible. NGOs can apply for FCRA even if they are having any foreigner as its member by following the terms of Home Ministry FCRA section. Though there are many terms given on the website of the Government FCRA Approval department are not included or printed in the Gazette notification but are placed by the circulars only. But the authorities in that case become more strict and vigilant in processing a FCRA application with certain parameters depend upon the declared and undeclared parameters of the Ruling Party and Ruling Political Authorities. However, very few authorities are given this chance of when the board members have a foreigner and yet it is a FCRA. It has Amendments, Permanent FCRA, FCRA Registration and Prior Permission which is required.
However it is hard for a NGO to get a FCRA when it is having a foreigner as a trustee as there have been hardly few instances. There are few procedures and complicated situations that are needed to looked at when an organisation is claimed to be a FCRA. There are legislations in India which is related to this and need to be followed. So to know the loopholes better you need to understand the rules and the regulations. The formation of a FCRA, the registration, the members all need to be taken care of.
Can NGO get FCRA registration or prior permission if foreigners are member or trustee or director of applicant NGO?
According to FCRA website https://fcraonline.nic.in :
“Subject to relaxation given on a case to case basis, foreign nationals fulfilling the following conditions may be appointed as Executive Committee members, after obtaining prior approval of the Central Government:
i. the foreigner is married to an Indian citizen;
ii. the foreigner has been living and working in India for at least five years;
iii. the foreigner has made available his/her specialized knowledge, especially in the medical and health related fields on a voluntary basis in India, in the past;
iv. the foreigner is part of the Board of Trustees/Executive Committee in terms of the provisions in an inter-governmental agreement;
v. the foreigner is part of the Board of Trustee/Executive Committee, in an ex-officio capacity representing a multilateral body which is exempted from the definition of foreign source.
The need for such an appointment should, however, be adequately justified.”
Role of Consultancy is at Information and Documentation part only
If any NGO wants to get a FCRA registration Chanakya can help out at Application and Documentation part only. As the Consultants who know the process and requirements for FCRA registration that provide documentation support and information of the process of the application for FCRA. Chanakya NGO Consultancy doesn’t assure any one to provide FCRA Registration and doesn’t entertain such persons and organisations who expect to provide FCRA beyond the legal applicable parameters. Chanakya entertains the consultancy at ethical information dissemination and at documentation part only. If the NGO or organisation is entitle according the FCRA Authority then to provide the FCRA is the work of the FCRA Section of Ministry of Home Affairs of Government of India, no other can assure. So if the applicant NGO fulfills the required applicable rules and the the parameters (declared or undeclared) of FCRA Authorities then FCRA is possible if not then it is not possible. Chanakya only supports at the required documentation part including the past Annual Reports and other documents of NGO that are required to apply for FCRA Registration.
Though in the website of FCRA Registration it is mentioned that NGOs do not take help of the Consultants but there are certain declared and undeclared parameters to get approval and disapproval of FCRA registration. In last few years the FCRA registration is approved or disapproved based on the undeclared parameters. So Chanakya Consultancy provides the information about the undeclared parameters also, along with other information about application and process, if it is necessary for the applicant NGO. The undeclared parameters are the based on political and social variables/aspects/ factors/ virtues of the members/ officials of applicant NGOs and the NGOs. So after getting consultancy and information about these past and unexpected parameters the NGO management has to decide that what is the solution and suitable time to apply to avoid such undeclared parameters.
For any kind of help or clarification like NGOs already having FCRA still and need the help in some regarding Filing of Annual Returns so they can contact Chanakya team. Chanakya consultants would help NGOs in the best they can that their matter can resolve through documentation consulting.