NOTIFICATION NO. GSR 966(E) [F.NO.II/21022/23(52)/2014-FC-III)], DATED 14-12-2015

FOREIGN CONTRIBUTION (REGULATION) AMENDMENT RULES, 2015 – AMENDMENT IN RULES 9, 12, 17, 18 AND 24; SUBSTITUTION OF RULES 13, 16, FORMS FC-1 TO FC-10 AND INSERTION OF RULE 17A

NOTIFICATION NO. GSR 966(E) [F.NO.II/21022/23(52)/2014-FC-III)]DATED 14-12-2015

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 Foreign Contribution (Regulation) Amendment Rules, 2015.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Foreign Contribution (Regulation) Rules, 2011 (hereinafter referred to as the principal rules),—

(i) in rule 9,—

(a) in sub-rule (1),—
(A) for clause (a), the following clause shall be substituted, namely:-
“(a) An application for registration, or an application for obtaining prior permission by a person under section 11, for acceptance of foreign contribution, shall be made electronically online in Form FC-3.
(B) for clauses (b) and (c), the following clause shall be substituted, 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), in clause (d), the following words shall be inserted at the end, namely :—
“or through online electronic payment gateway as specified by the Central Government”;

(ii) in rule 12,—

(a) in sub-rule (2), for the letters and figure “FC-5”, the letters and figure “FC-3” shall be substituted;
(b) sub-rule (3) shall be omitted;
(c) in sub-rule (5), the following words shall be inserted in the end, namely:—
“or through online electronic payment gateway as specified by the Central Government”;

(iii) for rule 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 on its official website or on the website as specified by the Central Government
(b) A person receiving foreign contribution in a quarter of the financial year shall place details of foreign contribution received on its official website or on the website as specified by the Central Government within fifteen days following the last day of the quarter in which it has been received clearly indicating the details of donors, amount received and date of receipt.”

(iv) for rule 16, the following rule 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 Act, shall submit a signed or digitally signed report electronically online in Form FC-4 with scanned copies of income and expenditure statement, receipt and payment account and balance sheet for every financial year beginning on the 1st day of April within nine months of the closure of the financial year”;
(b) in sub-rule (2), for the letters and figure “FC-6” the letters and figure “FC-4” shall be substituted;
(c) in sub-rule (3), for the letters and figure “FC-7”, the letters and figure “FC-1” shall 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 expenditure statement or receipt and payment account or balance sheet with Form FC-4. “;

(vi) after rule 17, the following rule shall be inserted, namely:—

“17A. Change of designated bank account, name, address, aims, objectives or Key members of the association.—

A person who has been granted a certificate of registration or prior permission under section 11 of the Act shall intimate electronically online in Form FC-6″ within fifteen days, of any change in the following, namely:—

(i) name of the association 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 per cent or more of the original key members as reported in the application for grant of registration/ prior permission/ renewal of registration under the Act.”;

(vii) in rule 18, for the letters and figure “FC-9”, the letters and figure “FC- 1” shall be substituted;

(viii) in rule 24,—

(a) in sub-rule (l), for the letters and figure “FC-10”, the letters and figure “FC- 5” shall be substituted;
(b) in sub-rule (4), for the letters and figure “FC-6”, the letters and figure “FC-4” shall be substituted;

(ix) for Forms FC-1 to FC-10, the following Forms shall be substituted, namely:—

FORM FC – 1

[See rule 6, 17 and 18]

 

FORM FC – 2

[See rule 7(1)]

 

FORM FC – 3

[See rule 9(1)(a)/rule 12]

 

FORM FC – 4

[See rule 17]

 

FORM FC – 5

[See rule 24(1)]

 

FORM FC – 6

[See rule 9 and 17A]

 

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