The Government has further extended the validity of FCRA registration certificates of all the NGOs and other organisations from 31st March 2022 to 30th June 2022.
Vide a Public Notice No.II/21022/23(22)/2020-FCRA-III dated 24.03.2022, the Ministry of Home Affairs (MHA) has extended the validity of the following FCRA registered entities to 30th June 2022-
1. FCRA entities whose validity of registration was extended till 31.03.2022 vide Public Notice dated 31.12.2021.
2. FCRA entities whose 5-year validity of registration is expiring from 01.04.2022 to 30.06.2022 and have applied for renewal before the expiry of the 5-year validity period.
It is further clarified that in case of refusal of the renewal application, the cancellation of FCRA registration will take effect from the date of refusal. Hence, cancellation shall have a prospective effect.
Once the FCRA registration stands cancelled, the entity shall not be eligible to receive foreign contributions or utilize the foreign contribution.
On 31st December, 2021, the MHA vide a Public Notice stated that all RCRA registrations expiring between the period 29th September 2020 and 31st March 2022 and who have applied for renewal on the FCRA portal in accordance with Rule 12 of the Foreign Contribution (Regulation) Rules, 2011 before the expiry of the validity of their certificates of registration stands extended to 31.03.2022.
The Foreign Contribution (Regulation) Act, 2010 (“Act”) is administered by the Ministry of Home Affairs.
Further, the extension of the validity of the FCRA registration is granted till the date of disposal of the renewal application in case the renewal application is disposed of by the MHA. In other words, the extension of the validity of FCRA registration certificates up to March 31, 2022 or till the date of disposal of the renewal application, whichever is earlier, in the case of NGOs who have already applied for renewal by the validity date.
Earlier also, the validity of FCRA registrations was extended to December 31, 2021, vide a public notice dated 30.09.2021 and thus the validity was expiring on December 31. Many FCRA registration certificates were not renewed or denied by the MHA till date prompting the government to extend the validity of certificates.
This public notice is issued in continuation to the Home Ministry's Public Notice No. II/21022/23(22)/2020-FCRA-III, Dated 31st December 2021 regarding the extension of the validity of FCRA registration.
The validity of those FCRA registration certificates have been extended which are expiring between the period 29th September, 2020 and 30th June 2022 and who have applied for renewal of registration on FCRA portal in accordance with Rule 12 of the Foreign Contribution (Regulation) Rules, 2011 before expiry of the validity of their certificates of registration is extended to 30.06.2022.
Thus the certificates of only those FCRA registered NGOs or organizations have been given extension who have applied for renewal of their FCRA registration certificates before the expiry of the validity of their registration certificates.
In most of the cases, the validity of FCRA registration certificates was expiring on 30th September or 31st October 2021. Thus if the NGOs had applied for renewal of registration by 30th September or 31st October, as the case may be, and awaiting renewal from the government are eligible to get the benefit of the extension.
As per FCRA law, if the registration of the FCRA registered entities is not renewed, their validity of FCRA registration will expire and the entity will not be eligible to receive foreign contribution (FC) after that date.
As per section 12(6) of the Act, the registration certificate granted shall be valid for a period of five years from the date of its issue.
Normally, in case of renewal of registration application, the registered entity is eligible to receive FC till the date of validity of registration even if the renewal of FCRA registration is denied. This time it is clarified that in case of refusal of the application for renewal of the certificate of FCRA registration, the validity of the certificate shall be deemed to have expired on the date of the refusal of the application of renewal and the association shall not be eligible either to receive the foreign contribution or utilise the foreign contribution received.
Those NGOs who have valid registration certificates and awaiting renewal under FCRA regulations are eligible to receive FC after the expiry of March till 30th June 2022.
Thus, the validity of FCRA registration is extended to June 30, 2022 in the following cases-
(i) FCRA registration certificates of such entities are expiring between the period 29th September, 2020 and 30th June, 2022;
(ii) Such entities have applied/apply for renewal on FCRA portal before expiry of certificate of registration in accordance with rule 12 of the Foreign Contribution (Regulation) Rules, 2011; and
(iii) The renewal of registration application of such entities has not been refused by the government.
Update:
FCRA Registration Certificate Validity Extended to 30 September 2022
Read the full text of the Public Notice Dated 24.03.2022 on Extension of Validity of FCRA Registration Certificate till 30th June 2022
No.II/21022/23(22)/2020-FCRA-III
Government of India
Ministry of Home Affairs
(Foreigners Division-FCRA)
First Floor, Major Dhyan Chand National Stadium,
India Gate Circle, New Delhi-110001
Dated: the 24th March, 2022
PUBLIC NOTICE
Subject: Extension of the validity of FCRA registration certificates
In continuation of Ministry of Home Affairs’ Public Notice No. II/21022/23(22)/2020-FCRA-III, Dated 31st December, 2021, the Central Government, in public interest, has decided to extend the validity of FCRA registration certificates of certain categories of FCRA registered entities, as follows:
(i) The validity of registration certificates of such entities whose validity was extended till 31.03.2022 in terms of the Public Notice dated 31st December, 2021 and whose renewal application is pending will stand extended till 30.06.2022 or till the date of disposal of renewal application, whichever is earlier.
(ii) The validity of those FCRA entities whose 5 years validity period is expiring during 01.04.2022 to 30.06.2022 and who have applied/apply for renewal before expiry of 5 years validity period will stand extended upto 30.06.2022 or till the date of disposal of renewal application, whichever is earlier.
2. All FCRA registered associations are therefore advised to take note that in case of refusal of the application for renewal of certificate of registration, the validity of the certificate shall be deemed to have expired on the date of refusal of the application of renewal and the association shall not be eligible either to receive the foreign contribution or utilise the foreign contribution received.
3. This issues with the approval of the Competent Authority. All concerned may take note of the above decision and take appropriate action in the matter.
(B.C. Joshi)
Director (FCRA)
Tele. 011-23070412
Download Copy of Public Notice Dated 24-03-2022 on Extension of Validity of FCRA Registration Certificate till 30th June 2022 in pdf format
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