(a) In case the certificate of registration is suspended under
sub-section (1) of section 13 of the Act, up to twenty-five per cent
of the unutilised amount may be spent, with the prior approval of the
Central Government, for the declared aims and objects for which the
foreign contribution was received.
(b) The remaining seventy-five per cent of the unutilised foreign
contribution shall be utilised only after revocation of suspension of
the certificate of registration.
Q.59 Can an organization, whose violation under FCRA, 1976 has been
condoned, apply for registration/prior permission?
Ans. After the violation committed by an association has been
condoned, the association can apply for prior permission (PP) only by
submitting an application in form FC-4
http://mha.nic.in/fcra/forms/fc-4.pdf. Once the PP has been granted
and foreign contribution received for specific purpose has been
fully/partially utilized and organisation has submitted annual FC-6
http://mha.nic.in/fcra/forms/fc-6.pdf returns and accounts in
prescribed format pertaining to the PP, it becomes eligible for
consideration of registration under FCRA. Registration would be
granted under FCRA, if other parameters are fulfilled by the
association.
Q.60 What is the status of the applications submitted under the
repealed FCRA, 1976 but have not been disposed of?
Ans. In terms of Rule 9(5) of FCRR, 2011, every application made for
registration or prior permission under FCRA, 1976 but not disposed of
before the date of commencement of these rules, i.e., 01.05.2011,
shall be deemed to be an application for registration or prior
permission, as the case may be, under FCRR, 2011 subject to the
condition that the applicant furnishes the prescribed fees for such
registration or prior permission, as the case may be.
Q.61 Whether the registration certificate or prior permission granted
under the repealed FCRA, 1976 shall remain valid when FCRA, 2010 has
come into force?
Ans. Yes. An association granted prior permission or registration
under the repealed FCRA, 1976 shall be deemed to have been registered
or granted prior permission, as the case may be, under FCRA, 2010.
Registration granted under FCRA, 1976 shall remain valid for a period