TaxTMI 
TaxTMI 
Foreign Contribution (Regulation) (Amendment) Rules, 2020
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....ulation) Rules, 2011 (hereinafter referred to as the said rules), in rule 2, in sub-rule (1), - (i) after clause (b), the following clause shall be inserted, namely:- '(ba) "electronic form" shall have the same meaning assigned to it in clause (r) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000);'; (ii) after clause (e), the following clause shall be inserted, namely:- '(f) "FCRA Account" means the FCRA Account referred to in section 17 of the Act.' 3. In the said rules, rule 3 shall be numbered as sub-rule (1) thereof, and after sub-rule (1) as so numbered, the following sub-rule shall be inserted, namely:- "(2) The organisations specified under clauses (v) and (vi) of sub-rule (1) shall be cons....
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....s or in cases where a person is controlled by the Central Government or a State Government may waive the conditions; (ii) if the person wants inclusion of its existing capital investment in assets like land, building, other permanent structures, vehicles, equipment in the computation of its spending during last three years, then the chief functionary shall give an undertaking that the assets shall be vested henceforth with the person till the validity of the certificate and they shall be utilised only for the activities covered under the Act and the rules made thereunder and shall not be diverted for any other purpose till the validity of its certificate of registration remains valid."; (ii) after sub-rule (1), the following sub-rule sha....
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....es of the foreign donor organisation; (C) in case of foreign donor organisation being a single individual that individual shall not be the chief functionary or office bearer of the recipient person; and (D) in case of a single foreign donor, seventy-five per cent. of the office bearers or members of the governing body of the recipient person shall not be the family members or close relatives of the donor."; (iv) after sub-rule (2), the following sub-rule shall be inserted, namely:- "(2A) Every application for obtaining prior permission under clause (a) of sub-rule (1) made before the commencement of these rules but not disposed of, shall be considered after furnishing the details of FCRA Account."; (v) in sub-rule (4),- (A) for cl....
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....2) The validity of certificate surrendered under section 14A of the Act shall be deemed to have expired on the date of acceptance of the request by the Central Government.". 9. In the said rules, in rule 12,- (i) for sub-rule (2), the following shall be substituted, namely:- "(2) An application for renewal of the certificate of registration shall be made to the Central Government in electronic form in Form FC-3C accompanied with an affidavit executed by each office bearer, key functionary and member in Proforma 'AA' appended to these rules within six months 1[before] the date of expiry of the certificate of registration."; (ii) after sub-rule (2), the following shall be inserted, namely:- "(2A) Every person seeking renewal of the cer....
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....and a request for renewal of certificate of registration shall be submitted in electronic form accompanied by requisite fee after the 30th June, 2016 and within the 31st December, 2016. Note 2 : If no application is received or is not accompanied by renewal fee, the validity of the certificate of registration issued on the 1st January 2012 shall be deemed to have ceased after the 31st December, 2016 and the applicant shall neither receive nor utilise the foreign contribution until the certificate of registration is renewed."; (vi) after sub-rule (6), the following sub-rule shall be inserted, namely:- "(6A) The amount of foreign contribution lying unutilised in the FCRA Account and utilisation account of a person whose certificate of re....
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....s, of any change in the following, namely:-"; (ii) for clause (iv), the following shall be substituted, namely:- "(iv) office bearers or key functionaries or members mentioned in the application for grant of registration or prior permission or renewal of registration, as the case may be, in Form FC-6E."; (iii) after clause (iv), the following proviso shall be inserted, namely:- "Provided that the change shall be effective only after final approval by the Central Government.". 14. In the said rules, in rule 18, after the word, letters and figure "Form FC-1", the word "in electronic form" shall be inserted. 15. In the said rules, for rule 20, the following rule shall be substituted, namely:- "20. Revision. - An application for revis....