Foreign Contribution (Regulation)
Rules, 1976
In exercise
of the powers conferred by section 30 of the Foreign Contribution (Regulation)
Act, 1976 (49 of 1976), the Central Government hereby makes the following
rules, namely:
Rule - 1. Short title and commencement.
(1) These
rules may be called The Foreign Contribution (Regulation) Rules, 1976.
(2) They
shall come into force on the 5th day of August, 1976.
Rule - 2. Definitions.
In these
rules, unless the context otherwise requires,
(a)
"Act"
means the Foreign Contribution (Regulation) Act, 1976;
(b)
"Form"
means a form appended to these rules;
(c)
"section"
means a section of the Act;
(d) ["year"
means the accounting year commencing from the 1st day of April and ending on
31st day of March of the next calendar year.]
Rule - 3. Application for obtaining prior permission to receive foreign contribution or foreign hospitality.
An
application for obtaining prior permission of the Central Government to
(a)
receive
foreign contribution under sub-section (1) of section 5, or clause (a) of
sub-section (2) of that section, shall be made in Form FC 1;
[(aa)
receive foreign contribution under proviso to sub-section (1) of section 6, or
under sub-section (1-A) of that section or clause (b) of section 10, shall be
made in Form FC 1-A;]
(b)
accept
foreign hospitality under section 9 [or clause (d) of section 10], shall
be made in Form FC 2.
Rule - [3-A. Application for registration.
An
application for registration of an association referred to in sub-section (1)
of section 6 for acceptance of foreign contribution shall be made in Form FC
8.]
Rule - 4. Intimation regarding receipt of foreign contribution or scholarship or stipend or any payment of a like nature of foreign hospitality.
(1) An
intimation as to the receipt of
[(a)
foreign contribution by an association
referred to in sub-sections (1) and (1-A) of section 6 shall be given for every
year beginning on the 1st day of April in Form FC 3 in duplicate, [within
nine months][of the closure of the year:-
Provided
that a NIL report shall also be furnished. The intimation to be furnished for
the year beginning on the 1st day of April, 1991 shall also include the receipt
and utilisation of foreign contribution during the period commencing from 1st
January, 1991 and ending on 31st March, 1991;]
(b) foreign contribution by a candidate for
election, referred to in sub-section (2) of section 6 shall be given in Form FC
4, within fifteen days from the date on which he is duly nominated as a
candidate for election;
(c) any scholarship, stipend or any payment of a
like nature, from any foreign source in relation to which an intimation is
required to be given under sub-section (1) of section 7, shall be given in Form
FC 5, within thirty days of receipt of such scholarship, stipend or other
payment of a like nature:
Provided
that where the person receiving the scholarship, stipend or any payment of a
like nature is residing outside India, the intimation shall be given within
sixty days from the date of receipt of such scholarship, stipend or other
payment of a like nature;
(d) foreign hospitality, referred to in the
proviso to section 9, shall be given on plain paper within thirty days from the
date of receipt of such hospitality specifying the particulars as to the
receipt of such hospitality and the source from which and the manner in which
such hospitality was received.
Rule - 5. Intimation of receipt of scholarship, stipend or any payment of a like nature, when not necessary.
It
shall not be necessary for a citizen of India to give any intimation under
section 7 regarding receipt of scholarship, stipend or any payment of a like
nature from any foreign source, if the value of such scholarship, stipend or
other payment does not exceed, during an academic year, rupees thirty-six thousand.
Explanation.
In calculating the value,
(a) the
amount received by the citizen for the purchase of books, clothing and
equipment and for sight-seeing in a foreign country or territory shall be taken
into account; but
(b) the
amount spent in travel by air in economy class from India to a foreign country
or territory and back to India from such foreign country or territory, and the
amount spent by the foreign source in respect of such citizen towards tuition
and other fees, shall not be taken into account.
Rule - 6. Authority to whom an application or intimation to be sent.
Any
application or intimation referred to [in
rule 3, rule 3-A or rule 4], as the case may be, shall be made or given to the
Secretary to the Government of India in the Ministry of Home Affairs, New Delhi
and such application or intimation shall be sent by registered post.
Rule - 7. Manner of service of prohibitory order or any other order or direction.
A
prohibitory order under section 12 or any other order or direction made or
issued under the Act, shall be served on the person concerned in the following
manner, that is to say,
(a) by
delivering or tendering it to that person or to his duly authorised agent; or
(b) by
sending it to him by registered post acknowledgment due to the address of his
last known place of residence or the place where he carries on, or is known to
have last carried on, business or the place where he personally works for gain
or is known to have last worked for gain, and in case the person is an
organisation or an association, to the last known address of the office of such
organisation or association;
(c) if
it cannot be served in any of the manners aforesaid, by affixing it on the
outer door or some other conspicuous part of the premises in which that person
resides, or carries on, or is known to have last carried on, business, or
personally works for gain, or is known to have last worked personally for gain,
and in case the person is an organisation or an association, on the outer door
or some other conspicuous part of the premises in which the officer of the
organisation or association is located, or is known to have been last located,
and the written report whereof should be witnessed by at least two persons.
Rule - 8. Maintenance of accounts.
(1) A
separate set of accounts and records shall be maintained, exclusively for
foreign contribution received and utilised,
(a) in
Form FC 6, where the foreign contribution relates only to articles as referred
to in item (i) of sub-clause (c) of clause (1) of section 2;
(b) in
the cash book and ledger account on double entry basis, where the foreign
contribution relates to currency received and utilised, and a separate bank
account shall be maintained in respect of such contribution;
(c) in
Form FC 7, where the foreign contribution relates to foreign securities.
(2) [(2)
Every account specified in sub-rule (1) shall be maintained on an yearly basis,
commencing on the 1st day of [April][each year and every such yearly
account, duly certified by a chartered accountant [in Form FC 3 along with
a balance sheet and statement of receipts and payments][, shall be furnished,
in duplicate, to the Secretary to the Government of India, in the Ministry of
Home Affairs, New Delhi, [within nine months][of the closure of the year.]
Explanation.
In this rule, "Chartered Accountant" has the meaning assigned to it
in the Chartered Accountants Act, 1949 (38 of 1949).
Rule - 9. Limits up to which an officer, not below the rank of an Assistant Sessions Judge may make adjudication of confiscation.
An officer
referred to in clause (b) of section 19 may adjudge confiscation in relation to
any article or currency seized under section 16, if the value of such article
or the amount of such currency exceeds one thousand rupees but does not exceed
fifty thousand rupees.
FORM
FC – 1
[See
rule 3(a)]
Application
For Seeking Prior Permission Of The Central Government For Accepting Foreign
Contribution By Or On Behalf Of An Organisation Of Political Nature Not Being A
Political Party
[Section
5 (1) and 5 (2) (a) of the Foreign Contribution (Regulation) Act, 1976]
1.
(a)
Particulars of the Organisation (Full name in block letters, and address)
(b) Address of the
Principal/Head Office of the Organisation
2.
Full
particulars of the person applying on behalf of the Organisation
(a)
Name is
full (in block letters)
(b)
Name of
father
(c)
Occupation
(d)
Residential
address
(e)
If an
office-bearer, the office held in the Organisation.
3.
Reference
of the order published by the Central Government in the Official Gazette
specifying the Organisation as an "Organisation of Political Nature, not
being a political party".
4.
Nature and
full details of contribution including value, to be received.
5.
The
mode/channel of receipt.
6.
Purpose for
which foreign contribution is proposed is to be received.
7.
Particulars
of the foreign source from which contribution is to be received :
(a)
If an
individual, his personal particulars including name, present addrss, permanent
address, nationality, profession.
(b)
If an
Organisation/Institution/Association/Trust/Foundation/Trade Union, etc., full
particulars thereof including-
(i)
Full name
and complete address
(ii)
Address of
Head Office/Principal Office
(iii)
Aims and
objects
(iv)
Particulars
of important office-bearers
8.
Nature of connection/dealings
with the foreign source
9.
Any other
information of significance which the applicant may like to furnish
DECLARATION
I hereby
declare that the above particulars furnished by me are true and correct.
...................
Signature
of the Applicant
Place.................
Date..................
Note. -
In the case of application by an Organisation, it should be signed by the chief
functionary.
[See
rule 3 (aa)]
Form
Of Application For Seeking Prior Permission From The Central Government Under
The Foreign Contribution (Regulation) Ac, 1976 (Hereinafter Referred To As The
Act) For The Acceptance Of Foreign Contribution By An Association Having A
Definite Cultural, Economic, Educational, Religious Or Social Programme
No..............
Date...........
To
The
Secretary to the Government of India,
Ministry of
Home Affairs, Lok Nayak Bhavan, Khan Market,
New Delhi –
110003
Subject:-
Application for seeking the prior permission of the Central Government under
the Foreign Contribution (Regulation) Act, 1976 for acceptance of foreign
contribution.
Sir,
I,.............,
on behalf of the Association named hereafter, apply for seeking prior
permission of the Central Government for the acceptance of foreign contribution
under proviso to sub-section (1) of section 6 or under sub-section (1-A) of
that section or clause (b) of section 10 of the Act.
1.
(i). Name
of the Association and its complete postal address
Name
Address
Town/City
State
District
Pin Code
(ii) If the Association is a
registered trust or Society please indicate its -
(a)
registration
number
(b)
place of
registration
(c)
date of
registration certified copy of the registration certificate to be attached).
(iii) Nature of Association -
(a)
religious,
(b)
cultural,
(c)
economic,
(d)
educational,
(e)
social.
Note. -
If a religious Association, then state whether -
(a)
Hindu,
(b)
Sikh,
(c)
Muslim,
(d)
Christian,
(e)
Buddhist,
(f)
Others.
(iv) Please indicate the main
aim(s) and object(s) of the Association (enclose copy of the Memorandum of
Association and/or the Articles of Association, if applicable).
(v) Please furnish the names and
address of the members of the Executive committee/Governing Council, etc., of
the Association, including the Chief Functionary, in the following manner:
|
Sl. No. |
Name |
Name of Father/Husband |
Nationality |
Occupation |
Office held in the
Association, if any |
Relationship with other office
bearers, if any |
Address |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
|
|
|
|
|
|
|
|
2.
Please
indicate whether any member of the Executive Committee /Governing Council,
etc., of the Association, including the Chief Functionary has, in the discharge
of his/her official functions -
(a)
been
convicted by any court of law,
(b)
a
prosecution for any offence pending against him/her,
(c)
been found
guilty of diversion or misutilisation of funds of the Association or any other
association in the past.
3.
Please
indicate whether the applicant Association -
(a)
is a
branch/unit/associate of foreign based organisation or another association
already registered under the Act. If so, name and address of the parent
organisation should be furnished;
(b)
has been
directed by the Central Government in terms of the proviso to sub-section (1)
of section 6 of the Act to seek prior permission. If so, the number and date of
the relevant order should be furnished.
(c)
has been
directed by the Central Government in terms of section 10 of the Act to seek
prior permission. If so, the number and date of the relevant order should be
furnished.
4.
Please
indicate -
(i)
whether the
Association ever applied for registration under the Act in the past, if so,-
(a)
the date of
submission of application for registration,
(b)
the number
and date of last reference, if any, received from the Ministry,
(c)
whether
registration was refused,
(d)
whether the
application for registration is still pending.
(ii)
whether the
Association has close links with another association, or its unit or branch
which has been -
(a)
refused
registration under the Act,
(b)
prohibited
from accepting foreign contribution.
5.
Please
indicate -
(i)
whether the
Association was, -
(a)
granted
prior permission to receive foreign contribution under the Act in the past. If
so, the number and date of the letter granting prior permission should be
furnished;
(b)
whether the
account of the receipt and utilisation of the foreign contribution received
above was sent to the Central Government in the prescribed form. If so, the
date of submission of the accounts should be furnished;
(c)
If the
prior permission was granted in the current year, details of the foreign
contribution received and utilised, purpose-wise, showing the unspent balance
should be annexed.
(ii)
whether the
Association has received foreign contribution without the prior permission of
the Central Government, in the past. If so, -
(a)
full
particulars of the foreign contribution received, address of the branch of the
bank and account number in which deposited should be furnished;
(b)
whether the
said violation has been condoned by the Central Government;
(c)
whether the
Association has been prohibited from accepting foreign contribution under the
Act.
6.
Please
indicate whether the Association is owner / printer / publisher, editor of a
publication which is a "registered newspaper" under the Press and
Registration of Books Act, 1867.
7.
Please
furnish -
(i)
Details of
the activities of the Association during the past three years;
(ii)
Copies of
the audited statement of accounts of the Association for the past three years.
8.
(i) Please
indicate -
(a)
the nature
and value of the foreign contribution to be received (a copy of the latest
commitment letter from the donor should be furnished);
(b)
the purpose
for which the foreign contribution is proposed to be received and utilised
indicating also the geographical area(s) to be covered.
(ii) a copy of the
proposal/project which has been approved by the foreign source for funding,
including projected outlays / budget breakup, should be enclosed.
(iii) a copy of the
proposal/project which has been approved for funding out of the foreign
contribution should be enclosed (This column applies only to subsequent
recipients).
9.
Please
indicate -
(i)
the name of
the bank and address of the branch through which the foreign contribution is
proposed to be received;
(ii)
the account
number in the said branch of the bank.
10. Please
indicate the particulars of the foreign source or the sources from which the
foreign contribution is proposed to be received -
(a)
If an
individual, his personal particulars including name, present address, permanent
address, nationality, profession;
(b)
If an
organisation / institution / association / trust / trade union etc., full
particulars thereof, including -
(i)
Full name
and complete address.
(ii)
Address of
the Head office / principal office.
(iii)
Particulars
of Chief Functionary and important office bearers.
(c)
Please
indicate whether the foreign source is a Government of a foreign country or
agency thereof.
[10-A.
Whether a recommendation certificate from the competent authority is attached (Yes/No)]
11. Any
other information which the Association may like to furnish.
Yours
faithfully,
..........................
Signature
of the Applicant
[Name of
the Chief Functionary or authorised office bearer (with seal of the
Association)]
DECLARATION
I hereby
declare that the above particulars furnished by me are true and correct.
..........................
Signature
of the Applicant
[Name of
the Chief Functionary or authorised office bearer (with seal of the
Association)]
Place................
Date.................
If the foreign contribution, whether currency or article is to be received from
any person or association who has received the same as first, second or
subsequent recipient, particulars of such person or association should be given
against column 10 above.
Note. - 1. An incomplete application i.e., without necessary
documents/details/explanations is likely to be rejected summarily.
2. In case the space against any
column is insufficient, separate annexure should be attached.
3. Please use CAPITAL LETTERS.
4. The application should be
signed by the Chief Functionary or authorised office bearer of the
Association.]
[CERTIFICATE
(To
be submitted along with the application)
1.
This is to
certify that the............(name of the association) have its registered
office at................(address) has been formed for undertaking activities
in its chosen...................(economic, educational, cultural, religious and
social)* field of activity. The antecedents of the organisation have been
verified and there is nothing adverse against them.
2.
Its
proposed project would be undertaken in the ........ (District) of ..........
(State). The said project will be beneficial to the people living in the area.
3.
The grant
of prior permission to the aforementioned association to accept foreign
contribution amounting to .......... (currency/amount) from ............(name
and address of foreign donor) under the foreign Contribution (Regulation) Act,
1976 for the said project is recommended.
(Recommending
Authority)
(With Seal)
Any
concerned -
(1)
Collector
of District.
(2)
Department
of the State Government.
(3)
Ministry or
Department of the Government of India.]
[FORM
FC 2]
[See
rule 3(b)]
Application
For Seeking Prior Permission Of The Central Government To Accept Foreign
Hospitality
[Section
9 read with section 10(d) and 11(1) of the Foreign Contribution (Regulation)
Act, 1976]
(1)
Name in
full (in block letters)
(2)
Date of
birth:
(3)
Name of
father/husband
(4)
Present
address
(5)
Permanent
address
(6)
Passport
particulars (if already in possession)
(7)
Status:
(a)
Member of
Legislature
(b)
Office-bearer
of a political party
(c)
Judge of
Supreme Court/High Court
(d)
Government
servant
(e)
Employee of
a Company/Corporation
(f)
Any person
or class of persons not specified in section 9
(8)
Names of
countries/places to be visited with duration of stay
(9)
The
countries and places where foreign hospitality is to be accepted
(10) Duration
and purpose of visit to the country(ies)/Place(s) mentioned in column 9 with
specific dates.
(11) Particulars
of host(s):
(a)
If an
individual, his personal particulars including name, present address, permanent
address, nationality, profession.
(b)
If an
Organisation/Institution/Association/Trust/ Foundation/Trade Union etc., full
particulars thereof including -
(i)
Full name
and complete address
(ii)
Address of
Head office/Principal office
(iii)
Aims and
Objects
(iv)
Particulars
of important office-bearers.
(12) Full
particulars, as in serial 11(a) and (b) of the foreign source in case the
actual source extending the hospitality** is located in a country other than
actually proposed to be visited.
(13) Nature
and duration of foreign hospitality proposed to be accepted with specific dates
and with specific details.
(14) Nature
of connection/dealing with the host and / or foreign source extending the
hospitality.
(15) Approximate
expenditure to be incurred on hospitality.
(16) Any
other information of significance which the applicant may like to furnish.
DECLARATION
I hereby
declare that the above particulars furnished by me are true and correct.
......................
Signature
of Applicant
Place.................
Date..................
Delete if
not applicable.
"Foreign hospitality" means any offer, not being a purely casual one,
made by a foreign source for providing a person with the cost of travel to any
foreign country or territory or with free board, lodging, transport or medical
treatment.
[FORM
FC 3]
[See
rule 4(a)]
Account
of Foreign Contribution of the year ending on 31st March.........
1.
Association's
details
|
(i) Name and address (in
Capital Letters) |
: |
...................................... |
|
(ii) Registration number and
date |
: |
...................................... |
|
[under the Foreign
Contribution (Regulation) Act, 1976]: |
|
|
|
(iii) Prior permission number
and date, if not registered |
: |
...................................... |
|
(iv) Nature of association |
: |
............................ |
|
|
|
(1) Cultural (2) Economic (3)
Educational (4) Religious (5) Social |
|
(v) Denomination in case of religious
association |
: |
(a) Hindu (b) Sikh (c)
Muslim (d) Christian (e)Buddhist |
|
|
|
(f) Others |
[1-A
(i) Total amount of foreign contribution received during the
year:...............
(ii)
Interest earned on the foreign contribution during the year, -
(a) In
the designated bank account:
(b) On
investments made (Fixed Deposit Receipt, etc.) during the year or in the
preceding years:]
2.
Purpose(s)
for which foreign contribution has been received and utilised:
(in Rupees)
|
Sl. No |
Purpose |
Previous balance |
Receipt during the year |
Total |
Utilised |
Balance |
||||||
|
In Cash |
In kind (value) |
As first recipient |
As second /Subsequent
recipient |
In cash |
In kind (value) |
In cash |
In kind (value) |
|||||
|
In cash |
In kind (value) |
In cash |
In kind (value) |
|||||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 (5+6+7+8) |
10 |
11 |
12 |
13 |
(1)
Celebration
of national events (Independence / Republic day) / festivals, etc.
(2)
Theatre /
Films.
(3)
Maintenance
of places of historical and cultural importance.
(4)
Preservation
of ancient / tribal art forms.
(5)
Research.
(6)
Cultural
shows.
(7)
Setting-up and
running handicraft centre / cottage and Khadi industry / social forestry
projects.
(8)
Animal
husbandry projects.
(9)
Income
generation projects / schemes.
(10) Micro-finance
projects, including setting-up banking co-operatives and self-help groups.
(11) Agricultural
activity.
(12) Rural
Development.
(13) Construction
and maintenance of school / college.
(14) Construction
and running of hostel for poor students.
(15) Grant
of stipend / scholarship / assistance in cash and kind to poor / deserving
children.
(16) Purchase
and supply of educational material - books, notebooks, etc.
(17) Conducting
adult literacy programs.
(18) Education
/ Schools for the mentally challenged.
(19) Non-formal
education projects / coaching classes.
(20) Construction
/ Repair / Maintenance of places of worship.
(21) Religious
schools / education of priests and preachers.
(22) Publication
and distribution of religious literature.
(23) Religious
functions.
(24) Maintenance
of priests / preachers / other religious functionaries.
(25) Construction
/ Running of hospital / dispensary / clinic.
(26) Construction
of community halls, etc.
(27) Construction
and Management of old age home.
(28) Welfare
of the aged / widows.
(29) Construction
and Management of Orphanage.
(30) Welfare
of the orphans.
(31) Construction
and Management of dharamshala / shelter.
(32) Holding
of free medical / health / family welfare / immunisation camps.
(33) Supply
of free medicine, and medical aid, including hearing aids, visual aids, family
planning aids etc.
(34) Provision
of aids such as Tricycles, calipers, etc., to the handicapped.
(35) Treatment
/ Rehabilitation of persons suffering from leprosy.
(36) Treatment
/ Rehabilitation of drug addicts.
(37) Welfare
/ Empowerment of women.
(38) Welfare
of children.
(39) Provision
of free clothing / food to the poor, needy and destitute.
(40) Relief
/ Rehabilitation of victims of natural calamities.
(41) Help
to the victims of riots / other disturbances.
(42) Digging
of bore wells.
(43) Sanitation
including community toilets, etc.
(44) Vocational
training - tailoring, motor repairs, computers, etc.
(45) Awareness
Camp / Seminar / Workshop / Meeting / Conference.
(46) Providing
free legal aid / Running legal aid centre.
(47) Holding
sports meet.
(48) Awareness
about Acquired Immune Deficiency Syndrome (AIDS) / Treatment and rehabilitation
of persons affected by AIDS.
(49) Welfare
of the physically and mentally challenged.
(50) Welfare
of the Scheduled Castes.
(51) Welfare
of the Scheduled Tribes.
(52) Welfare
of the Other Backward Classes.
(53) Environmental
programs.
(54) Survey
for socio-economic and other welfare programs.
(55) Establishment
expenses, -
(i)
Asset
building;
(a)
Establishment
of Corpus Fund, and
(b)
Purchase of
land;
(ii)
Construction
/ Extension / Maintenance of office, administrative and other buildings;
(iii)
Payment of
salaries / honorarium;
(iv)
Publication
of newsletter / literature / books etc.;
(v)
Other
expenses.
(56) Activities
other than those mentioned above (Furnish details).]
3.
Name and
address of the designated branch of the bank and account number (as specified
in the application for registration / prior permission or permitted by the
Central Government).
A/c
No................
Bank:.................
Branch................
Address...............
Pin...................
4.
Donorwise
receipts of foreign contribution
(in Rupees)
|
Sl. No. |
Institutional/individual/other
donors |
Names(s) and address(es) |
Purpose(s) |
Date and month of receipt |
Amount |
|
1 |
2 |
3 |
4 |
5 |
6 |
|
(i) Institutional donors: |
|
|
|
|
|
|
(ii) Individual donors above
Rupees one lakh |
|
|
|
|
|
|
(iii) Individual donors below
Rupees one lakh (Only Column 4 and 6 need to be filled) |
|
|
|
|
|
|
Total |
|||||
|
5. Country wise receipt of foreign
contribution: |
(in rupees) |
|
|
Sl. No. |
Name of the country |
Amount |
|
1 |
2 |
3 |
|
Total |
||
DECLARATION
I hereby
declare that the above particulars furnished by me are true and correct. I also
affirm that the foreign contribution has been utilised for the purpose(s) for
which the association has been registered / prior permission obtained. To the
best of my knowledge, I have not concealed or suppressed any fact.
..................................
Signature
of the Chief Functionary
(Name of
the Chief Functionary and Seal of the Association)
Place................
Date................
(Certificate to be given by Chartered Accountant)
I/We have
audited the account of ............................. (name of association and
its full address including State, District and Pin Code, if registered society,
its registration number and State of registration, for the year ending 31st
March, ......... and examined all relevant books and vouchers and certify that
according to the audited account-
(i)
the brought
forward foreign contribution at the beginning of the year was Rs ..........
(ii)
foreign
contribution of/worth Rs........ was received by the Association during the
year .......... was Rs............
(iii)
the balance
of unutilised foreign contribution with the association at the end of year
.......... was Rs............
(iv)
Certified
that the association has maintained the account of foreign contribution and
records relating thereto in the manner specified in section 13 of the Foreign
Contribution (Regulation) Act, 1976 read with sub-rule (1) of rule 8 of the
Foreign Contribution (Regulation) Rules, 1976.
(v)
The
information furnished in this certificate and in the enclosed balance sheet and
statement of Receipt and Payment is correct and checked by me/us.
Place..............
Date...............
.......................
Signature
of Chartered Accountant With Seal, Address and Registration number.]
FORM
FC 4
[See
rule 4(b)]
Intimation
To The Central Government Of Receipt Of Foreign Contribution Received By A
Candidate For Election
[Section
6(2) of the Foreign Contribution (Regulation) Act, 1976]
(1)
Name in
full (in block letters)
(2)
Date of
birth
(3)
Name of
father
(4)
Present
Address
(5)
Permanent
Address
(6)
Date which
duly nominated as a candidate for election to a Legislature and particulars of
Legislature. [See section 2(1)(b) and 2(1)(f) of the Act]
(7)
Full
particulars of foreign contribution received within 180 days immediately
preceding the date on which duly nominated as a candidate for election to the
Legislature.
(8)
Nature and
full details of the contribution including value.
(9)
The
mode/channel of receipt.
(10) Purpose
for which contribution was received.
(11) Particulars
of the foreign source from which contribution received:
(a)
If an
individual, his personal particulars including name, present address, permanent
address, nationality, profession.
(b)
If an
Organisation / Institution / Association / Trust / Foundation / Trade Union
etc. full particulars thereof including:
(i)
Full name
and complete address
(ii)
Address of
Head Office/Principal Office
(iii)
Aims and
objects
(iv)
Particulars
of important office-bearers
(12) Nature
of connection/dealings with the foreign sources.
(13) Details
of actual utilisation of the contribution-
(a)
Specific
purposes for which utilised.
(b)
Full
description of the manner in which utilised.
(14) Any
other information of significance which the applicant may like to furnish.
DECLARATION
I hereby
declare that the above particulars furnished by me are true and correct.
..........................
Signature
of the Candidate
Place................
Date.................
Certified
that the above declaration was signed by
Shri...........S/o....................resident of................ a candidate
for election to (*)...................before me on this..............day of
20.............. ..........
Signature
(Name in
block letters)
Designation................
(To be
signed by a Class I Gazetted Officer** or a 1st Class Magistrate).
Here
specify 'Legislature' as defined in Section 2(1)(f) of the Act.
Of the
State/Central Government.
FORM
FC 5
[See
Rule 4(C)]
Intimation
To The Central Government Of Receipt Of Scholarship, Stipend Or Any Payment Of
A Like Nature From A Foreign Source
[Section
7(1) and 7(2) of the Foreign Contribution (Regulation) Act, 1976]
(1)
Name in
full (in block letters)
(2)
Date of
birth
(3)
Name of
father
(4)
Present
address
(5)
Permanent
address
(6)
Passport
particulars
(7)
Specific
details of occupation/profession
(8)
Particulars
of the foreign source from whom Scholarship, Stipend or payment of like nature
was received -
(a)
If an
individual, his personal particulars, including name, present address,
permanent address, nationality, profession
(b)
If an
organization / Institution / Association / Trust / Foundation / Trade Union
etc., full particulars thereof including:-
(i)
Full name
and complete address.
(ii)
Address of
Head Office / Principal Office.
(iii)
Aims and
objects.
(iv)
Particulars
of important Office-bearers.
(9)
Nature and
full details of scholarship, stipend or any payment of a like nature received
from foreign source, indicating (a) total amount and its break-up under various
heads like cost of journey, equipment, clothing, maintenance, tuition fees,
residence fees, books, etc., and (b) mode / channel of receipt.
(10) Purpose
of the scholarship, stipend or any payment of a like nature with specific
details of courses attended/to be attended
(11) Duration
of stay abroad with dates.
(12) Any
other information of significance, which the applicant may like to furnish.
DECLARATION
I hereby
declare that the above particulars furnished by me are true and correct.
....................
Signature
of the applicant
Place..............
Date...............
FORM
FC 6
[See
rule 8 (a)]
Foreign
Contribution (Articles) Accounts
Description of the Article
RECEIPT
|
Date |
Name and address of the person
from whom received |
Mode of receipt |
Purpose of receipt |
Quantity received |
Approx. value of articles
received |
Date of intimation sent to the
Central Government |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
|
|
|
|
|
|
|
Utilisation/disposal
Quantity
|
Date |
Name and address of the person
to whom issued, sold or otherwise transferred |
Purpose for which issued or
otherwise transferred |
Utilized by the organization |
Sold |
Otherwise transferred |
If sold the amount for which
sold |
Reference to entry in the
Foreign Contribution (Currency) Account |
Balance in stock |
|
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
|
|
|
|
|
|
|
|
|
|
DECLARATION
I hereby declare that the above particulars furnished by me are true and
correct.
..........
Signature
Place............
Date.............
FORM
FC 7
[See
rule 8 (c)]
Foreign
Contribution (Securities) Account
(1) Nature
of securities
(2) Nominal
value of each security
|
Date |
Name and address of the person
from whom received |
Distinguishing number of each
security |
Total of securities |
Total nominal value of
securities |
Particulars of permission of
the Reserve Bank of India to acquire or to hold foreign securities |
Particulars of intimation sent
to the Central Government |
Date |
Dividend or interest
received |
Date up to which dividend or
interest has been received |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
|
|
|
|
|
|
|
|
|
|
|
Details of
Dividends/ Interest received
|
Reference to the credit entry
in the Foreign Contribution (Currency) Account |
Date |
Name and address of the person
to whom sold/transferred |
Total No. of securities
sold/transferred |
Distinguishing number of each
security transferred |
Total amount for which
sold/transferred |
Particulars of permission of
the Reserve Bank of India to sell/transfer securities |
Particulars of intimation sent
to the Central Government |
Reference to the entry in the
Foreign Contribution (Currency) Account |
|
11 |
12 |
13 |
14 |
15 |
16 |
17 |
18 |
19 |
|
|
|
|
|
|
|
|
|
|
DECLARATION
I hereby
declare that the above particulars furnished by me are true and correct.
Place...........
Date............
................
Signature
[FORM
FC 8]
(see
rule 3-A)
Form
Of Application For Seeking Registration With The Central Government Under The
Foreign Contribution (Regulation) Act, 1976 For The Acceptance Of Foreign
Contribution By An Association Having A Definite Cultutal, Economic,
Educational, Religious Or Social Programme
Date
...........
No..............
To
The
Secretary to the Government of India,
Ministry of
Home Affairs, Lok Nayak Bhavan, Khan Market, New Delhi - 110003.
Subject:-
Application for registration under the Foreign Contribution (Regulation) Act,
1976 for the acceptance of foreign contribution.
Sir,
I
..............., on behalf of the Association named hereafter apply for
registration of the Association under clause (a) of sub-section (1) of section
6 of the Act for the acceptance of foreign contribution.
1.
(i). Name
of the Association and its complet e postal address
Name
Address
Town/City
District
State
Pin Code
(ii) If the Association is a
registered trust or Society indicate its -
(a)
registration
number
(b)
place of
registration
(c)
date of
registration (certified copy of the registration certificate to be attached)
(iii) Nature of Association-
(a)
religious,
(b)
cultural,
(c)
economic,
(d)
educational,
(e)
social.
Note. -
If a religious Association, then state whether-
(a)
Hindu,
(b)
Sikh,
(c)
Muslim,
(d)
Christian,
(e)
Buddhist,
(f)
Others.
(iv) Please indicate -
(a)
the main
aim(s) and object(s) of the Association (enclose a copy of the Memorandum of
Association and/or the Articles of Association, if applicable);
(b)
the main
object(s) and definite programme(s) for which the foreign contribution is to be
accepted/utilised
(v) Please furnish the names and
addresses of the members of the Executive Committee/ Governing Council, etc.,
of the Association, including the Chief Functionary, in the following manner:
|
Sl. No. |
Name |
Name of Father/Husband |
Nationality |
Occupation |
Office held in the
Association, if any |
Relationship with office
bearers, if any |
Address |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
|
|
|
|
|
|
|
|
2.
Please
indicate whether any member of the Executive Committee /Governing Council,
etc., of the Association, including the Chief Functionary has in the discharge
of his/her official functions -
(a)
been
convicted by any court of law;
(b)
a
prosecution for any offence pending against him/her;
(c)
been found guilty
of diversion or misutilisation of funds of the Association or any other
association in the past.
3.
Please
indicate whether the applicant Association is a branch/unit/associate of
foreign based organisation or another association already registered under the
Act. If so, the name and address of the parent organisation.
4.
Please
indicate -
(i)
whether the
Association was, -
(a)
granted
prior permission to receive foreign contribution under the Act in the past. If
so, the number and date of the letter granting prior permission should be
furnished;
(b)
whether the
account of the receipt and utilisation of the foreign contribution received
above was sent to the Central Government in the prescribed form. If so, the
date of submission of the accounts should be furnished;
(ii)
whether the
Association has received foreign contribution without the prior permission
under Act in the past. If so,-
(a)
full
particulars of the foreign contribution received along with complete address of
the bank branch and bank account number in which deposited should be furnished;
(b)
said
violation has been condoned by the Central Government;
(c)
Association
has been prohibited from accepting foreign contribution under the Act.
5.
Please
indicate whether the Association is functioning as editor, owner, printer or
publisher of a publication required to be registered as "newspaper"
under the Press and Registration of Books Act, 1867. If so, the details
thereof.
6.
Please
indicate, -
(i)
whether the
Association ever applied for registration under the Foreign Contribution
(Regulation) Act, 1976, if so, -
(a)
the date of
submission of application for registration;
(b)
the number
and date of the last communication, if any, received from the Ministry;
(c)
whether
registration was refused;
(d)
whether
application for registration is still pending;
(ii)
whether the
Association has close links with another association, or its unit or branch
which has been -
(a)
refused
registration under the Act;
(b)
prohibited
from accepting foreign contribution;
7.
Please
furnish, -
(i)
details of
the activities of the Association during the past three years.
(ii)
copies of
the audited statement of accounts of the Association for the past three years.
(iii)
details of
the area(s) of operation.
8.
Please
indicate whether the Association has been specified as an organisation of a
political nature, not being a political party, under section 5 of the Act. If
so, the details of the notification should be furnished.
9.
Please
indicate -
(i)
the name
and address of the branch of the bank through which the foreign contribution
shall be received;
(ii)
Please
specify the account number in the said branch of the bank.
[9-A.
Whether a recommendation certificate from the competent authority is attached.
(Yes/No)]
10.
Any other
information which the Association may like to furnish.
Yours faithfully
..................
Chief
Functionary for and on behalf of the Association
(Name of
Association)
DECLARATION AND UNDERTAKING
The
Association named here-in-above affirms that the information furnished above is
correct and undertakes -
(i)
to inform
the Central Government (Ministry of Home Affairs) within thirty days, if any,
change takes place in regard to the name of the Association, its address, its
registration, its nature, its aims and objects with documentary evidence
effecting the change;
(ii)
to obtain
prior permission for change of office bearer(s), if, at any point of time such
change causes replacement of 50% or more of the office bearers as were
mentioned in the application for registration under the Foreign
Contribution(Regulation)Act, 1976 and undertakes further not to accept any
foreign contribution except with prior permission till the permission to
replace the office-bearer(s) has been granted;
(iii)
not to
change the bank or branch of the bank without prior permission of the Central
Government. The reasons for change of bank or branch of the bank shall have to
be relevant and justifiable; and
(iv)
not to
accept any foreign contribution unless it has obtained either the registration
number, as applied for hereinabove, or prior permission of the Central
Government under sub-section (1-A) of section 6 of the Foreign Contribution
(Regulation) Act, 1976.
(Chief
Functionary) for and on behalf of the Association
(Name of the Association)
Note. - (i) The receipt of
application for registration is not a commitment for grant of registration by
the Central Government;
(ii) An incomplete application, i.e., without the required documents / details
/ explanations is likely to be rejected summarily;
(iii) In case the space provided against any column is insufficient separate
sheets should be attached; and Please use CAPITAL letters.]
[CERTIFICATE
(To be submitted along with the
application)
1.
This is to
certify that the.............(Name of the association) having its registered
office at ...............(Address) has been engaged in economic, educational,
cultural, religious, social* activities in the ............(District) of
............. (State) for the last ............ years.
2.
It has
undertaken welfare activities in the area and has incurred expenditure
(excluding administrative expenditure) amounting to ..............(Amount in
rupees) during the last three years on its chosen .............(Economic,
Educational, Cultural, Religious and Social) field of activity.
3.
The
antecedents of the organisation have been verified and there is nothing adverse
against them.
4.
The grant
of registration to the aforesaid association to accept foreign contribution
under the Foreign Contribution (Regulation) Act, 1976, is recommended.
(Recommending
Authority)
(With Seal)
(1) Collector
of District.
(2) Department
of the State Government.
(3) Ministry /Department of the
Government of India.]