Shinde orders probe into AAP funds; look at your own, says Kejriwal

Discussion in 'Politics & Society' started by kseeker, Nov 11, 2013.

  1. kseeker

    kseeker Retired

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    Probing source of foreign funding to AAP: Shinde - The Times of India

    NEW DELHI: The Centre has initiated a probe into the source of funding of Aam Aadmi Party (AAP), with the Union home ministry trying to establish if it received any money from foreign donors in violation of the Foreign Contribution Regulation Act (FCRA).

    "We have ordered an enquiry into funding of AAP to verify if any foreign donations were routed to it," Union home minister Sushilkumar Shinde told newspersons here a day after Delhi chief minister Shiela Dikshit questioned the source of nearly Rs 19 crore collected by the newly floated party led by activist-politician Arvind Kejriwal.

    However, Shinde refused to put a timeline as to when the results of the enquiry would be available. "Such matters take time...one has to see from which foreign country the donations may be coming," he said, giving ample indications that the probe might continue well after the Delhi state polls, due on December 4.

    The Representation of People Act (RPA) debars political parties from receiving contributions from a foreign source defined under clause (e) of the Section 2 of the FCRA, 1976. The FCRA, too, states that it has been formulated "to ensure that the foreign contribution and foreign hospitality is not utilized to affect or influence electoral politics, public servants, judges and other people working in the important areas of national life like journalists, printers and publishers of newspapers among others.

    According to the AAP, it has collected Rs 19 crore as donations from around 63,000 individuals belonging to cross section of society. The party claims to have received donations ranging from Rs 10 to several lakhs, from rickshaw-pullers, traders, industrialists and NRIs .

    "Our aim was to collect Rs 20 crore for Delhi assembly elections, and we would soon be achieving that target. Till the last week of September, we had collected around Rs 10 crore but within a span of a month, we have received Rs 9 crore as donations," said an AAP spokesperson.

    The Delhi high court had on October 24 asked the government to enquire into whether any of the donations received by Aam Aadmi Party came from foreign source in violation of the FCRA. It asked the Centre to report by December 10 about the accounts of AAP.

    The AAP, however, questioned the probe sought by the court on the basis of "mala fide" petition by advocate M L Sharma, "who has not made AAP a respondent but made Arvind Kejriwal, Manish Sisodia, Prashant Bhushan and Shanti Bhushan as respondents".

    "Though the petition makes all types of ridiculous allegations against Team Anna and an NGO Kabir with which Manish Sisodia was associated, it does not disclose the result of an earlier petition filed by Sharma against foreign funding of Kabir. The government after full investigation had found everything to be in order," claimed AAP.

    The AAP also drew attention to a similar petition filed by Association for Democratic Reforms questioning the funding of Congress and BJP by foreign firms like Vedanta. "The government has been dragging its feet in that case and has taken no action despite documentary evidence of substantial funding of the Congress and the BJP by foreign companies," alleged an AAP spokesperson.
     
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  3. Ray

    Ray The Chairman Defence Professionals Moderator

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    Shinde orders probe into AAP funds; look at your own, says Kejriwal

    New Delhi: The government is investigating the source of foreign funding to the Aam Aadmi Party (AAP), Union Home Minister Sushilkumar Shinde said on Monday. “We have got complaints about foreign funding to AAP and are probing the matter… Investigations take time and we are looking for the source behind the funding,” Shinde said

    AAP’s chief ministerial candidate Arvind Kejriwal, however, said the “funds of Congress and BJP (Bharatiya Janata Party) should also be probed.” “We have put details of all owners and audit report on our website,” he added. AAP leader Kumar Vishwas challenged the government to prove them guilty. “There’s no point in making allegations against us. I challenge both the Congress and the BJP to prove us guilty. We receive all our funds in a transparent manner,” he said. “Both the parties are sacred of us,” he added. The debutant AAP appears to have dimmed the prospects of both the Congress, which has been ruling Delhi for the past 15 years, and the opposition BJP which hopes to gain from a strong anti-incumbency factor.

    Read more at: http://www.firstpost.com/politics/s...-kejriwal-1222615.html?utm_source=ref_article

    *************************************************

    There is no doubt that foreign gifts use foreign funded NGOs to influence various aspects of India, to include elections.

    While it is perfectly fine to probe AAP, shouldn't good old Shindya also not probe all other political parties too?

    Does Shindya have proof that the AAP alone is getting foreign funds?

    What about BJP & Congress.

    It is documented that the USSR funded the Congress.

    Probing AAP alone shows political vendetta & the fact that Sheila Aunty has got chilblain in her feet & so has complained.

    Another stupidity of the endless stupidity of the Congress Party.

    AAP will now also get sympathy votes since the world knows how elections are funded & the huge amount of money they stash away from unknown sources!d
     
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  4. JBH22

    JBH22 Senior Member Senior Member

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    Re: Shinde orders probe into AAP funds; look at your own, says Kejriwa

    Foreign funding of political parties should be stopped.

    Where is our local Putin, see how he did a wonderful job in muzzling NGOs subversive actions in Russia.
     
  5. kseeker

    kseeker Retired

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  6. rugved

    rugved Regular Member

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    Re: Shinde orders probe into AAP funds; look at your own, says Kejriwa

    As elections near, congress and BJP both are afraid that their prospects of winning the Delhi election are diminishing by every passing day. The rising popularity of AAP in Delhi has wet the pants of Sheila Dikshit and Harsh Vardhan.

    Sushilkumar Shinde has raised a valid point but little does he know that this will result in a boomerang. What exactly do they want to prove? Are they saying that NRIs from abroad are terrorists? Are they saying that the accounted money coming from abroad is black money? Are they saying that Kejriwal is a CIA agent? Are they saying that the rest of the political parties in India purely run on white money? Is he giving a message that all types of money transactions, both incoming (FDI) and outgoing (scam money deposited in tax havens abroad through hawala) from India can be monitored? :lol:
     
    Last edited: Nov 11, 2013
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  7. Ray

    Ray The Chairman Defence Professionals Moderator

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    Re: Shinde orders probe into AAP funds; look at your own, says Kejriwa

    If Kejriwal is CIA, Krishna Menon Was of KGB.

    And it is reported Indira Gandhi was no better,

    Indira Gandhi received funds from American to get rid of communism in India? Prominent Marxist leader Jyoti Basu drops the bombshell

    Fhttp://www.indiadaily.com/editorial/4647.asp
     
    Last edited: Nov 11, 2013
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  8. rugved

    rugved Regular Member

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    Re: Shinde orders probe into AAP funds; look at your own, says Kejriwa



    According to WikiLeaks cables, even George Fernandes had received significant amount of money from the CIA during the emergency period to topple over Indira Gandhi's government. *Just saying*
     
  9. Ray

    Ray The Chairman Defence Professionals Moderator

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    Re: Shinde orders probe into AAP funds; look at your own, says Kejriwa

    Even Indra Gandhi got US funds.

    Indira Gandhi received funds from American to get rid of communism in India? Prominent Marxist leader Jyoti Basu drops the bombshell
    Indiadaily.com - Indira Gandhi received funds from American to get rid of communism in India? Prominent Marxist leader Jyoti Basu drops the bombshell
     
  10. rugved

    rugved Regular Member

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    Re: Shinde orders probe into AAP funds; look at your own, says Kejriwa

    Even I have donated money to AAP both when I was in UK and when I am in India. Does that mean I am a terrorist? :confused: (F**k logic)
     
  11. iNDiAN.96

    iNDiAN.96 Nationalist Senior Member

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    Re: Shinde orders probe into AAP funds; look at your own, says Kejriwa

    According to rules, You can donate to any political party as long as you got Indian passport.
     
  12. The Messiah

    The Messiah Bow Before Me! Elite Member

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    Re: Shinde orders probe into AAP funds; look at your own, says Kejriwa

    I thought AAP was congress B-Team to cut bjp votes :troll:
    @Singh
     
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  13. Ray

    Ray The Chairman Defence Professionals Moderator

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    Re: Shinde orders probe into AAP funds; look at your own, says Kejriwa

    For-Private CirculationOnly------------------------------Financial Management Services Foundation Page 1
    -
    FAQ’s-
    1. Is-FCRA-regulated-by-Reserve-Bank-of-India-(RBI)?-
    FCRA-is-internal-security-legislation-and-is-not-a-fiscal-legislation.-Therefore-it-is-not-regulated-by-
    RBI.-It-is-regulated-by-the-Ministry-of-Home-Affairs,-Government-of-India.-
    2. Is-Foreign-Exchange-Management-Act-(FEMA)-also-applicable-to-foreign-contribution-received-by-
    Indian-NGO?-
    FEMA-is-a-fiscal-legislation-coming-under-the-Ministry-of-Finance,-Government-of-India.-It-does-
    not-apply-to-foreign-contribution-received-by-Indian-NGO.-
    3. What-is-foreign-contribution?-
    “foreign-contribution”-means-the-donation,-delivery-or-transfer-made-by-any-
    foreign-source,—-
    i. of-any-article,-not-being-an-article-given-to-a-person-as-a-gift-for-his-personal-use,-if-the-
    market-value,-in-India,-----of-such-article,-on-the-date-of-such-gift,-is-not-more-than-such-sum-
    as-may-be-specified-from-time-to-time,-by-the--Central-Government-by-the-rules-made-by-it-
    in-this-behalf;-
    ii. of-any-currency,-whether-Indian-or-foreign;-
    iii. -of-any-security-as-defined-in-clause-(h)-of-section-2-of-the-Securities-Contracts-(Regulation)-
    Act,-1956-and---includes-any-foreign-security-as-defined-in-clause-(o)-of-section-2-of`-the-
    Foreign-Exchange-Management-Act,-1999.-
    -
    4. What-is-a-foreign-source?-
    Foreign-source-includes,-—-
    i. the-Government-of-any-foreign-country-or-territory-and-any-agency-of-such-Government;-
    ii. -any-international-agency,-not-being-the-United-Nations-or-any-of-its-specialised-agencies,-
    the-World-Bank,-International-Monetary-Fund-or-such-other-agency-as-the-Central-
    Government-may,-by-notification,-specify-in-this-behalf;-
    iii. -a-foreign-company;-
    iv. -a-corporation,-not-being-a-foreign-company,-incorporated-in-a-foreign-country-or-territory;-
    v. -a-multi‐national-corporation-referred-to-in-sub‐clause-(iv)-of-clause-(g);-For-Private CirculationOnly------------------------------Financial Management Services Foundation Page 2
    -
    vi. a-company-within-the-meaning-of-the-Companies-Act,-1956,-and-more-than-one‐half-of-the-
    nominal-value-of-its-share-capital-is-held,-either-singly-or-in-the-aggregate,-by-one-or-more-of-
    the-following,-namely:—-
    a. the-Government-of-a-foreign-country-or-territory;-
    b. the-citizens-of-a-foreign-country-or-territory;-
    c. corporations-incorporated-in-a-foreign-country-or-territory;-
    d. trusts,-societies-or-other-associations-of-individuals-(whether-incorporated-or-not),-
    formed-or-registered-in-a-foreign-country-or-territory;-
    e. foreign-company;-
    vii. a-trade-union-in-any-foreign-country-or-territory,-whether-or-not-registered-in-such-foreign-
    country-or-territory;-
    viii. -a-foreign-trust-or-a-foreign-foundation,-by-whatever-name-called,-or-such-trust-or-foundation-
    mainly-financed-by-a-foreign-country-or-territory;-
    ix. a-society,-club-or-other-association-of-individuals-formed-or-registered-outside-India;-
    x. a-citizen-of-a-foreign-country;-
    -
    5. Who-can-receive-foreign-contribution?-
    An-association-having-a-definite-cultural,-economic,-educational,-religious-or-social-programme-
    shall-accept-foreign-contribution-unless-such-person-obtains-a-certificate-of-registration-/-prior-
    permission-from-the-Central-Government.--
    -
    6. Can-foreign-contribution-be-received-in-rupees?-
    Yes.-Any-amount-received-from-‘foreign-source’-in-rupees-or-foreign-currency-is-construed-as-
    ‘foreign-contribution’-under-law.-Such-transactions-even-in-rupees-term-are-considered-foreign-
    contribution.-
    -
    7. What-is-the-time-limit-of-intimation-of-foreign-contribution-by-the-recipient?-
    Every- organisation- which-received- foreign- contribution-shall-submit- a-report- in- form- FC‐6-
    accompanied-by-an-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- .- The- intimation- is- to- be- sent- to- the- Secretary- to- the-
    Government-of-India,-Ministry-of-Home-Affairs,-New-Delhi.-
    -For-Private CirculationOnly------------------------------Financial Management Services Foundation Page 3
    -
    8. Does-an-organisation-need-to-give-intimation-if-foreign-contribution-exceeds-Rs.-1-crore?-
    Rule-12-provides-that-if-the-contributions-received-during-the-year-exceed-`-one-crore,-then-the-
    organisation-has-to-keep-in-the-public-domain-all-data-of-receipts-and-utilisation-during-the-year-
    and-also-in-the-subsequent-year.-The-rule-also-states-that-the-Central-Government-will-also-
    upload-such-summary-data-through-its-website.-
    -
    9. Whether-donation-given-by-Non‐Resident-Indians-(NRIs)-is-treated-as-‘foreign-contribution’?-
    Contributions-made-by-a- citizen-of-India-living-in-another- country-(i.e.-Non‐Resident-Indian),-
    from- his- personal-savings,-through-the- normal- banking- channels,- is- not-treated- as- foreign-
    contribution.-However,-while-accepting-any-donations-from-such-NRI,-it-is-advisable-to-obtain-his-
    passport-details-to-ascertain-that-he/she-is-an-Indian-passport-holder.-
    -
    10. Do-I-need-to-intimate-the-FCRA-Dept.-for-receiving-foreign-contribution-from-relatives?-
    Yes-any-organization-receiving-foreign-contribution-from-relatives-in-excess-of-one-lakh-rupees-
    needs-to-inform-the-FCRA-department-in-Form-FC‐1-within-thirty-days-from-the-date-of-receipt-of-
    such-contribution.-
    -
    11. What-is-the-process-of-foreign-contribution-received-by-a-candidate-for-election?-
    If-foreign-contribution-is-received-by-a-candidate-for-election-the-intimation-shall-be-furnished-in-
    Form-FC‐9-within-forty-five-days-from-the-date-on-which-he-is-duly-nominated-as-a-candidate-for-
    election.-
    -
    12. Is-bank-interest-earned-on-foreign-funds-part-of-foreign-contribution?-
    Yes,-the-bank-interest-earned-on-foreign-funds-is-a-part-of-foreign-contribution.-Thus-any-interest-
    earned-should-be-disclosed-in-FC‐6-and-also-in-the-FCRA-receipt-and-payment-account.-
    -
    -
    13. What-is-foreign-hospitality?-
    Foreign-hospitality-means-any-offer,-not-being-a-purely-casual-one,-made-in-cash-or-kind-by-a-
    foreign-source-for-providing-a-person-with-the-costs-of-travel-to-any-foreign-country-or-territory-
    or-with-free-boarding,-lodging,-transport-or-medical-treatment.-For-Private CirculationOnly------------------------------Financial Management Services Foundation Page 4
    -
    -
    14. How-one-can-seek-permission-of-the-Government-for-receiving-foreign---hospitality?-
    The-following-is-the-procedure-for-seeking-prior-permission-for-receiving-foreign-hospitality‐:-
    i. Any-person-who-wishes-to-avail-of-foreign-hospitality-shall-apply-to-the-Central-Government-
    in-Form-FC‐2-for-prior-permission-to-accept-such-foreign-hospitality.-
    ii. Every-application-for-acceptance-of-foreign-hospitality-shall-be-accompanied-by-an-
    invitation-letter-from-the-host-or-the-host-country,-as-the-case-may-be,-and-administrative-
    clearance-of-the-Ministry-or-department-concerned-in-case-of-visits-sponsored-by-a-Ministry-
    or-department-of-the-Government.-
    iii. The-application-for-grant-of-permission-to-accept-foreign-hospitality-must-reach-the-
    appropriate-authority-ordinarily-two-weeks-before-the-proposed-date-of-onward-journey.-
    iv. The-application-for-grant-of-permission-to-accept-foreign-hospitality-must-reach-the-
    appropriate-authority-ordinarily-two-weeks-before-the-proposed-date-of-onward-journey.-
    v. No-such-intimation-is-required-if-the-value-of-such-hospitality-in-emergent-medical-aid-is-up-
    to-one-lakh-rupees-or-equivalent-thereto.-
    -
    15. Who-cannot-accept-foreign-hospitality-without-prior-approval-of-MHA?-
    No-member-of-a-Legislature-or-office‐bearer-of-a-political-party-or-Judge-or-Government-servant-
    or-employee-of-any- corporation-or-any-other-body-owned-or- controlled-by-the-Government-
    shall,- while- visiting- any- country- or- territory- outside- India,- accept,- except- with- the- prior-
    permission-of-the-Central-Government,-any-foreign-hospitality.-
    It-shall- not- be- necessary-to- obtain- any-such- prior- permission-for- an- emergent-medical- aid-
    needed-on-account-of-sudden-illness-contracted-during-a-visit-outside-India.-But-after-receiving-
    such- hospitality-the- person-shall- give,- within- one-month- from-the- date- of-receipt- of-such-
    hospitality-an-intimation-to-the-Central-Government-and-the-source-from-which,-and-the-manner-
    in-which,-such-hospitality-was-received-by-him.-
    No-such-intimation-is-required-if-the-value-of-such-hospitality-in-emergent-medical-aid-is-up-to-
    one-lakh-rupees-or-equivalent-thereto.-
    -
    16. When-to-file-the-application-for-grant-of-permission-to-accept-foreign-hospitality?-
    The- application- for- grant- of- permission-to- accept- foreign- hospitality- must-reach-the- FCRA-
    department-two-weeks-before-the-proposed-date-of-onward-journey.-
    -For-Private CirculationOnly------------------------------Financial Management Services Foundation Page 5
    -
    17. What-expenses-constitute-administrative-expenses-as-per-FCRA-2010?-
    -
    -
    The-following-shall-constitute-administrative-expenses:‐-
    ï‚· salaries,-wages,-travel-expenses-or-any-remuneration-realized-by-the-Members-of-the-Executive-
    Committee-or-Governing-Council-of-the-person;-
    ï‚· all-expenses-towards-hiring-of-personnel-for-management-of-the-activities-of-the-person-and-
    salaries,-wages-or-any-kind-of-remuneration-paid,-including-cost-of-travel,-to-such-personnel;-
    ï‚· all-expenses-related-to-consumables-like-electricity-and-water-charges,-telephone-charges,-postal-
    charges,- repairs- to- premise(s)- from- where- the- organisation- or- Association- is- functioning,-
    stationery-and-printing-charges,-transport-and-travel-charges-by-the-Members-of-the-Executive-
    Committee-or-Governing-Council-and-expenditure-on-office-equipment;-
    ï‚· cost-of-accounting-for-and-administering-funds;-
    ï‚· expenses-towards-running-and-maintenance-of-vehicles;-
    ï‚· cost-of-writing-and-filing-reports;-
    ï‚· legal-and-professional-charges;-and-
    ï‚· rent-of-premises,-repairs-to-premises-and-expenses-on-other-utilities:--
    -
    18. What-expenses-are-excluded-from-administrative-category-in-FCRA-2010?-
    -
    The-following-are-the-expenses-which-shall-not-form-part-of-administrative-expenses-‐:-
    -
    ï‚· The-expenditure-incurred-on-salaries-or-remuneration-of-personnel-engaged-in-training-or-for----
    collection-or-analysis-of-field-data-of-an-association-primarily-engaged-in-research-or-training-shall-
    not-be-counted-towards-administrative-expenses.--
    ï‚· Expenses- incurred- directly- in- furtherance- of- the-stated- objectives- of- the- welfare- oriented-
    organisation-shall-be-excluded-from-the-administrative-expenses-such-as-salaries-to-doctors-of-
    hospital,-salaries-to-teachers-of-school-etc.-
    -
    19. Is-it-necessary-to-have-registered-NGO-in-order-to-get-FCRA-registration?-
    Section2(1)(a)-of-FCRA-2010-defines-the-term-association-as-:-For-Private CirculationOnly------------------------------Financial Management Services Foundation Page 6
    -
    -“association”-means-an-association-of-individuals,-whether-incorporated-or-not,-having-on-office-
    in-India-and-includes-a-society,-whether-registered-under-the-Societies-Registration-Act,-1860-(21-
    of-1860),-or-not,-and-any-other-organisation,-by-whatever-name--called;--
    The-Act-does-not-specify-registration-as-a-condition-precedent-to-for-the-purposes-of-this-act.-It-
    is-not-necessary-for-an-association-to-be-a-registered-one-but-there-must-be-some-documentary-
    evidence- to- establish- the- existence- and- activities- of- the- association.- But- for- all- practical-
    purposes-registration-is-a-defacto-necessity.-
    20. Is-it-necessary-to-obtain-registration-under-Section-12A-of-the-Income-Tax-Act-in-order-to-apply-
    for-registration-under-FCRA?-
    The-FCRA-does-not-specify-registration-under-the-Income-Tax-Act-as-a-condition-precedent-for-
    registration- under- FCRA.- In-fact,-there- are-numerous- instances-of-organisation-having- FCRA-
    registration-with-Income-Tax-registration.-But,-since-Income-Tax-registration-is-mandatory-in-
    nature,-Income-Tax-registration-should-be-completed-before-applying-for-FCRA-registration.-
    21. What- are- the- different- forms- of- registration- possible- under- FC(R)A- to- receive- Foreign-
    Contribution?-
    There-are-two-ways-of-registration-possible-under-FC(R)-A.-
    i. Regular-registration-(Apply-in-Form-FC‐3)-‐-under-this-registration,-there-is-no-restriction-
    for-receiving-Foreign-Contribution.-
    ii. ---Prior-permission-(Apply-in-Form-FC‐4)-‐-under-this-registration,-the-permission-is-granted-
    for-a-specific-amount-from-a-specific-donor.-A-letter-of-intent-from-the-donor-to-donate-
    the-amount-must-be-enclosed-along-with-the-application-form-(Form- FC‐4).-
    22. Will-the-consultancy-income-of-an-NGO-be-considered-as-foreign-contribution?-
    Consultancy-income-of-an-NGO-is-not-a-grant-or-a-voluntary-contribution.-It-is-received-against-
    services-rendered,-therefore-will-not-be-considered-as-Foreign-Contribution.-
    23. Can-domestic-contribution-be-mingled-with-foreign-contribution?-
    NO,-the-foreign-contribution-should-not,-in-principle,-be-mingled-with-the-domestic-contribution.-
    It- has- been-seen-that,-many-NGOs-transfer-the-surplus- of- income- over- expenditure-to-the-
    general-fund-in-the-local-books-of-account.-A-general-fund-being-an-unrestricted-fund-at-the-
    discretion-of-the-organisation-is-at-times-confused-to-be-a-local-fund.-But,-all-funds-created-from-For-Private CirculationOnly------------------------------Financial Management Services Foundation Page 7
    -
    foreign-contribution-should-be-reflected-in-FC-books-of-account-only.-As-a-result,-an-organisation-
    can-have-two-general-funds,-one,-created-from-foreign-funds-and-other-from-domestic-funds.-
    The-same-is-true-for-the-corpus-and-other-funds-also.-
    24. What-is-the-accounting-method-for-foreign-contribution-received-in-kind?-
    Separate-account-has-to-be-maintained-for-foreign- contribution-received- in- kind.- Form- FC‐7-
    provides-the-format-for-recording-the-receipt-as-well-as-the-utilisation-of-contributions-received-
    in-kind.-The-entries-made-in-FC‐7-especially-the-quantification-/-value-of-the-articles-received-
    should-correspond-with-entries-made-in-Form-FC‐6.-A-duly-filled-Form-FC‐7-is-to-be-filed-with-the-
    Ministry-of-Home-Affairs.--
    -
    25. Which- are- the- organisations/individuals- specifically- debarred- from- receiving- foreign-
    contribution?-
    As- per-section- 3- of- FCRA- 2010,-following- is-the- list- of- organisations/individuals-specifically-
    debarred-from-receiving-foreign-contribution‐:-
    i. candidate-for-election;-
    ii. correspondent,-columnist,-cartoonist,-editor,-owner,-printer-or-publisher-of-a-registered-
    newspaper;-
    iii. Judge,- Government- servant- or- employee- of- any- corporation- or- any- other- body-
    controlled-or-owned-by-the-Government;-
    iv. member-of-any-Legislature;-
    v. political-party-or-office‐bearer-thereof;-
    vi. organisation-of-a-political-nature-as-may-be-specified-under-sub‐section-(1)-of-section-5-
    by-the-Central-Government;-
    vii. association-or-company-engaged-in-the-production-or-broadcast-of-audio-news-or-audio-
    visual-news-or-current-affairs-programmes-through-any-electronic-mode,-or-any-other-
    electronic-form-as-defined-in-clause-(r)-of-sub‐section-(1)-of-
    viii. section- 2- of- the- Information- Technology- Act,- 2000- or- any- other- mode- of- mass-
    communication;-
    ix. correspondent-or- columnist,- cartoonist,-editor,-owner-of-the-association-or- company-
    referred-to-in-clause-(g).-
    -For-Private CirculationOnly------------------------------Financial Management Services Foundation Page 8
    -
    The-above-mentioned-persons-cannot-receive-foreign-contribution-subject-to-certain-exceptions-
    specified-in-section-4-which-are-as-under:--
    i. If-they-receive- foreign- funds- by- way- of-salary,- wages- or-remuneration- for-services-
    rendered.-
    ii. If-they-receive- payment- in- ordinary- course- of- business-transaction- in- India- by-such-
    foreign-organization-or-source.-
    iii. If-the-funds-are-received-in-the- course-of-international-trade-or-commerce-or-in-the-
    ordinary-course-of-business-transacted-outside-India.-
    iv. Payment-is-received-as-an-agent-of-a-foreign-source-of-organization-in-relation-to-any-
    transaction-made-by-such-foreign-organization-with-the-governance.-
    v. If-the- payment- is-received- by- way- of- gift- or- presentation- as- a- part- of- any- Indian-
    delegation-within-the-norms-of-acceptance-described-by-Central-Government.-
    vi. Payment-is-received-from-relative-staying-abroad.-Such-payments-should-be-received-
    with-prior-permission-only-if-it-exceeds-Rs.-1,-00,000-/‐.-
    vii. Payment-is-received-through-official-channel,-post-office-or-any-authorized-dealer-in-the-
    ordinary-course-of-business”.-
    -
    26. Can- an- organisation- of- political- nature-receive-foreign- contribution- and-register- itself-with-
    FCRA?-
    Organisation-of-political-nature-cannot-register-itself-under-FCRA-and-they-are-not-eligible-to-
    receive-foreign-contribution.-
    Section-3(1)-states-‐:-
    “No-foreign-contribution-shall-be-accepted-by-any--
    (e)-political-party-or-office‐bearer-thereof;-
    (f)-organisation-of-a-political-nature-as-may-be-specified-under-sub‐section-(1)--section-5-by-the-
    Central-Government;”-
    Earlier-the-FCRA-1976-had-a-provision-to-accept-foreign-contribution-by-organisation-of-political-
    nature-subject-to-the-prior-permission-of-the-Central-Government.-FCRA-2010-has-no-provision-
    as-to-the-prior-permission-in-case-of-organisation-of-political-nature.-
    -
    -
    -For-Private CirculationOnly------------------------------Financial Management Services Foundation Page 9
    -
    -
    27. What-is-the-basis-for-treating-an-organisation-to-be-of-political-nature?-
    According-to-FCRA-2010-and-Rules-2011,-an-organisation-shall-be-declared-an-organisation-of-
    political-nature-on-the-following-grounds‐:-
    ï‚· organisation- having- avowed- political- objectives- in- its- Memorandum- of- Association- or-
    bylaws;-
    ï‚· any-Trade-Union-whose-objectives-include-activities-for-promoting-political-goals;-
    -
    ï‚· any- voluntary- action- group-with-objectives-of- a-political-nature-or-which-participates- in-
    political-activities;-
    -
     front- or- mass- organisations- like- Students- Unions,- Workers’- Unions,- Youth- Forums- and-
    Women’s-wing-of-a-political-party;-
    -
    ï‚· organisation- of- farmers,- workers,-students,- youth- based- on- caste,- community,-religion,-
    language-whose-object- include-steps-towards- advancement-of-political- interests-of-such-
    groups;-
    ï‚· any-organisation,-by-whatever-name-called,-which-habitually-engages-itself-in-or-employs-
    common-methods-of-political-action-like-‘bandh’-or-‘hartal’,-‘rasta-roko’,-‘rail-roko’-or-‘jail-
    bharo’-in-support-of-public-causes.-
    -
    -
    28. What-are-the-documents-to-be-filed-along-with-the-FCRA-application?-
    The-following-is-the-list-of-documents-to-be-filed-‐:-
    i. Form-FC‐3-duly-filled-in-triplicate.-
    ii. Audited-statement-of-accounts-of-past-three-years.-
    iii. Annual-Report-specifying-activities-of-past-3-years.-
    iv. If-the-association-is-a-registered-Trust-or-Society-a-certified-copy-of-the-registration-
    certificate.-
    v. Copy- of- the- Memorandum- of- Association- and/or- the- Articles- of- Association- as-
    applicable.-
    vi. List- of- Main- objects- and- definite- programmes- for- which-the- contribution- is-to- be-
    accepted-/-utilised.-For-Private CirculationOnly------------------------------Financial Management Services Foundation Page 10
    -
    vii. Details- of- names- and- addresses- of- the- members- of- the- Executive-
    Committee/Governing-Council-etc.-of-the-Association.-
    viii. Copy-of-any-prior-permission-granted-to-the-organization.-
    ix. -Copy-of-resolution-of-Governing-Body-of-the-organisation,-authorizing-the-registration-
    under-FCRA.-
    x. Copy-of-Power-of-Attorney-or-the-resolution-of-Governing-Body-by-which-the-Chief-
    Functionary-is-authorized-to-submit-FC‐3.-
    xi. List- of- present-members- of-the-Governing-Body- of-the- organisation- and-the- office-
    bearers.-
    xii. Copy-of-any-Journal-or-other-publication-of-the-organization.-
    xiii. If-the- association- is- having- any- parent- or-sister- or-subsidiary- organisation-which- is-
    registered-under-the-FCRA-then-the-registration-number-along-with-Ministry-of-Home-
    Affairs-file-number-should-be-mentioned.-
    xiv. If-the- association- has-submitted- any- application- earlier-then- its-reference- number-
    should-be-mentioned.-
    xv. If-the- association- has-received- any- foreign- contribution- with- or- without-the- prior-
    approval-of-the-Central-Government,-then-the-detail-should-be-given.-
    xvi. Name-and-address-of-the-branch-of-the-Bank-along-with-the-Bank-Account-No.-through-
    which-the-foreign-contribution-shall-be-received.-
    xvii. A-recommendation-certificate-from-any-competent-authority,-if-any.-
    xviii. Copy-of-certificates-of-exemption-or-registration-issued-by-the-Income-Tax-Department
    - u/s- 80G- and- 12A.--
    29. What-is-the-time-limit-of-making-an-application-for-registration?-
    No-specific-time-limit-has-been-provided-under-FCRA-for-making-an-application,-unlike-Income-
    Tax-Act,-which-requires-an-organisation-to-apply-within-one-year-from-its-creation-or-registration-
    under-section-12A.-Normally-registration-under-FCRA-is-granted-to-an-applicant-organization-
    having-3-years-of-active-existence.-For-Private CirculationOnly------------------------------Financial Management Services Foundation Page 11
    -
    30. What-is-the-time-limit-for-processing-the-application-for-registration?-
    FCRA-1976-provided-no-time-limit-for-processing-the-application.-But-in-the-present-FCRA-2010-
    the- application- will- be- processed- ordinarily- within- 90- days- from- the- date- of- receipt- of-
    application.--
    31. An-undertaking-is-required-to-be-given-by-Chief-Functionary,-what-are-its-implications?-
    An-undertaking-in-Form-FC‐3-or-FC‐4-as-the-case-may-be-is-to-be-given-by-the-Chief-Functionary,-
    affirming-that-the-information's-are-correct-and-the-organisation-would-undertake-to-abide-by-
    the-following:-
    i. Inform-within-30days-regarding-change-of-name,-address,-objects,-etc.-with-evidence.-
    ii. Not-to-accept-any-foreign-contribution-without-prior-permission,-if-more-than-50%-of-the-
    office- bearers- as- were- mentioned- in- the- application- for- registration- are- changed- or-
    replaced.-
    iii. Not-to-change-the-bank-account-or-branch-of-the-bank-without-prior-permission.-
    iv. Not-to-accept-foreign-contribution-before-the-registration-or-prior-permission-is-granted.--
    32. The-authority-to-which-the-application-for-registration-is-to-be-made?-
    The-application-for-registration-is-to-be-made-to--
    “The-Secretary-to-the-Government-of-India,-Ministry-of-Home-Affairs,FCRA-Wing-/-Foreigners-
    Division,-“Jaisalmer-House”,-26,-Mansingh-Road,-New-Delhi-–-110-011.”-
    -
    33. If-an-application-for-registration-is-submitted-on‐line-by-an-NGO,-does-it-need-to-submit-the-
    application-in-physical-form-also?-
    The-hard-copy-of-the-on‐line-application-shall-reach-the-Central-Government-within-thirty-days-
    of-the-submission-of-the-on‐line-application,-failing-which-the-request-of-the-person-shall-be-
    deemed-to-have-ceased.-
    -
    34. What-is-the-online-registration-procedure?-
    The-online-procedure-of-registration-is-as-follows‐:-
    i. An-application-shall-be-made-electronically-on‐line-in-form-FC‐3.-For-Private CirculationOnly------------------------------Financial Management Services Foundation Page 12
    -
    ii. The- hard- copy- of- the- online- application- duly- signed- by- the- chief- functionary- of- the-
    organisation-is-to-be-sent-to-the-FCRA-department-along-with-the-following-documents‐:-
    ï‚· Audited-statement-of-accounts-of-past-three-years.-
    ï‚· Annual-Report-specifying-activities-of-past-3-years.-
    ï‚· If-the- association- is- a-registered- Trust-or- Society- a- certified- copy-of-the-registration-
    certificate.-
    ï‚· Copy- of- the- Memorandum- of- Association- and/or- the- Articles- of- Association- as-
    applicable.-
    ï‚· List- of- Main- objects- and- definite- programmes- for- which- the- contribution- is- to- be-
    accepted-/-utilised.-
    ï‚· Details-of-names-and-addresses-of-the-members-of-the-Executive-Committee/Governing-
    Council-etc.-of-the-Association.-
    ï‚· Copy-of-any-prior-permission-granted-to-the-organization.-
    ï‚· Copy-of-resolution-of-Governing-Body-of-the-organisation,-authorizing-the-registration-
    under-FCRA.-
    ï‚· Copy-of-Power-of-Attorney-or-the-resolution-of-Governing-Body-by-which-the-Chief-
    Functionary-is-authorized-to-submit-FC‐3.-
    ï‚· List- of- present-members- of-the-Governing- Body- of-the- organisation- and-the- office-
    bearers.-
    ï‚· Copy-of-any-Journal-or-other-publication-of-the-organization.-
    ï‚· If-the- association- is- having- any- parent- or-sister- or-subsidiary- organisation- which- is-
    registered-under-the-FCRA-then-the-registration-number-along-with-Ministry-of-Home-
    Affairs-file-number-should-be-mentioned.-
    ï‚· If- the- association- has-submitted- any- application- earlier- then- its- reference- number-
    should-be-mentioned.-For-Private CirculationOnly------------------------------Financial Management Services Foundation Page 13
    -
    ï‚· If- the- association- has- received- any- foreign- contribution- with- or- without- the- prior-
    approval-of-the-Central-Government,-then-the-detail-should-be-given.-
    ï‚· Details-of-Bank-along-through-which-the-foreign-contribution-shall-be-received.-
    ï‚· A-recommendation-certificate-from-any-competent-authority.-
    ï‚· Copy-of-certificates-of-exemption-or-registration-issued-by-the-Income-Tax-Department-
    u/s.-80G-and-12A.-
    iii. The-hard-copy-shall-reach-within-thirty-days-of-the-on‐line-application-to-the-department-
    failing-which-the-request-shall-be-deemed-to-have-ceased.-
    35. What-is-the-fee-for-renewal-of-registration?-
    The-application-for-renewal-of-registration-shall-be-accompanied-by-a-fee-of-Rs.-500/‐-.-The-fees-
    shall-be-remitted-by-demand-draft-or-banker’s-cheque-in-favour-of-the-“Pay-and-Account-officer,-
    Ministry-of-Home-Affairs”,-payable-at-New-Delhi.-
    36. What-is-the-fee-for-registration-and-prior-permission?-
    An-application-made-for-the-grant-of-registration-shall-be-accompanied-by-a-fee-of-Rs.2000/‐-and-
    application-for-prior-permission-shall-be-accompanied-by-a-fee-of-Rs.1000/‐.--The-fees-shall-be-
    remitted-by-demand-draft-or-banker’s-cheque-in-favour-of-the-“Pay-and-Account-officer,-Ministry-
    of-Home-Affairs”,-payable-at-New-Delhi.-
    37. Is-there-any-validity-of-registration?-
    In-the-previous-FC(R)-Act,-1976-the-certificate-of-registration-granted-was-of-a-permanent-nature-
    and-no-time-period-was-specified.-However,-the-new-FC(R)-Act-2010-specifies-the-time-period.-As-
    per-the-same,-the-certificate-of-registration-is-valid-for-a-period-of-five-years-from-the-date-of-its-
    issue.-
    38. What-is-the-process-of-renewal-of-registration?-
    The-process-of-renewal-of-registration-is-as-follows‐:-
    i. Form- FC‐5- duly-filled- up,-six-months- before-the- date- of- expiry- of-the- certificate- of-
    registration-and-submitted.-For-e.g.-A-certificate-is-valid-till-31st-December,-2016-then-
    the-application-for-renewal-should-be-submitted-by-30th-June,-2016.-For-Private CirculationOnly------------------------------Financial Management Services Foundation Page 14
    -
    ii. If-an-organisation-has-ongoing-multi‐year-project-then-application-for-renewal-is-to-be-
    submitted-twelve-months-before-the-expiry-of-the-certificate-of-registration.-For-e.g.-A-
    certificate-is-valid-till-31st-December,-2016-then-the-application-for-renewal-should-be-
    submitted-by-31st-December,-2015.-
    iii. A-fee-of-Rs.500/‐-shall-be-remitted-by-demand-draft-or-banker’s-cheque-in-the-favour-of-
    “Pay-and-Accounts-Officer,-Ministry-of-Home-Affairs”,-payable-at-New-Delhi.-
    -
    39. What-is-the-procedure-for-obtaining-prior-permission?-
    The-Organisation-is-required-to-apply-in-Form-FC‐4-for-prior-permission-to-the-FCRA-department-
    along-with-the-following-documents‐:-
    i. Audited-statement-of-accounts-of-past-three-years.-
    ii. Activities-Report-of-past-3-years.-
    iii. If-the- association- is- a-registered- Trust-or- Society- a- certified- copy-of-the-registration-
    certificate.-
    iv. Copy- of- the- Memorandum- of- Association- and/or- the- Articles- of- Association- as-
    applicable.-
    v. A-copy-of-the-latest-commitment-letter-from-the-donor.-
    vi. A-copy-of-the-proposal-/-project-which-has-been-approved-by-the-foreign-source-for-
    funding,-including-projected-outlays,-budget-breakups.--
    vii. Details-of-names-and-addresses-of-the-members-of-the-Executive-Committee/Governing-
    Council-etc.-of-the-Association.-
    viii. Copy-of-any-prior-permission-granted-to-the-organization.-
    ix. -Copy-of-resolution-of-Governing-Body-of-the-organisation,-authorizing-the-registration-
    under-FCRA.-
    x. Copy-of-Power-of-Attorney-or-the-resolution-of-Governing-Body-by-which-the-Chief-
    Functionary-is-authorized-to-submit-FC‐3.-For-Private CirculationOnly------------------------------Financial Management Services Foundation Page 15
    -
    xi. List- of- present-members- of-the-Governing- Body- of-the- organisation- and-the- office-
    bearers.-
    xii. Copy-of-any-Journal-or-other-publication-of-the-organization.-
    xiii. If-the- association- is- having- any- parent- or-sister- or-subsidiary- organisation- which- is-
    registered-under-the-FCRA-then-the-registration-number-along-with-Ministry-of-Home-
    Affairs-file-number-should-be-mentioned.-
    xiv. If- the- association- has-submitted- any- application- earlier- then- its- reference- number-
    should-be-mentioned.-
    xv. If- the- association- has- received- any- foreign- contribution- with- or- without- the- prior-
    approval-of-the-Central-Government,-then-the-detail-should-be-given.-
    xvi. Details-of-Bank-along-through-which-the-foreign-contribution-shall-be-received.-
    xvii. A-recommendation-certificate-from-any-competent-authority,-if-any.-
    xviii. Copy-of-certificates-of-exemption-or-registration-issued-by-the-Income-Tax-Department-
    u/s-80G-and-12A,-if-any.-
    -
    40. What-is-a-time-limit-for-granting-registration/prior-permission?-
    An-application-for-registration/-prior-permission-shall-be-processed-within-ninety-days-from-the-
    date-of-receipt-of-application.-If-the-FCRA-department-is-satisfied-after-making-necessary-inquiry,-
    it- will- grant- the- registration/prior- permission.- In- case- the- department- does- not- grant- the-
    registration/prior-permission-within-the-period-of-ninety-days-it-will-communicate-the-reasons-
    for-the-same.-
    41. In-case-of-rejection-of-an-application,-what-are-the-options-to-the-applicant?-
    An-applicant-has-the-option-of-filing-an-appeal-before-the-High-Court-within-the-local-limits-of-
    jurisdiction- within- 60- days- of- date- of-such- order.- A-second- application,- in- any- case,- for-
    registration/prior-approval-shall-be-made-after-six-months-from-the-date-of-making-the-first-
    application.-
    -For-Private CirculationOnly------------------------------Financial Management Services Foundation Page 16
    -
    42. Can-I-transfer-FC-funds-to-another-FCRA-registered-organisation?-
    Yes,- foreign- contribution- can- be-transferred-to- another- FCRA-registered- organisation.- Such-
    transfer-is-subject-to-the-condition-that-such-organisation-has-not-been-proceeded-against-under-
    any-provisions-of-the-Act.-
    -
    43. What-is-the-channel-through-which-FC-funds-can-be-transferred-to-Non‐FC-organisation?--
    The-organisation-intending-to-transfer-FC-funds-to-unregistered-organisation-can-apply-to-the-
    FCRA-department-in-Form-FC‐10-for-permission-for-such-transfer.-The-foreign-contribution-can-
    be-transferred-not-exceeding-ten-percent,-of-the-total-value-of-the-contribution-received.--
    The-application-shall-be-countersigned-by-the-District-Magistrate-having-jurisdiction-in-the-place-
    where-the-transferred-funds-are-sought-to-be-utilised.-
    -
    44. Is-it-possible-to-receive-foreign-contribution-prior-to-FCRA-registration?-
    An-association-or-an-organisation- can-receive-foreign- contribution-even-without-registration-
    with- prior- permission-from-the- FCRA- department.- Foreign-funds- and-materials- can- only- be-
    received-under-two-circumstances‐-
    i. The-organisation-has-obtained-permanent-registration-from-the-FCRA-department.-
    ii. The-association-or-the-organisation-obtains-prior-permission-from-the-FCRA-department-
    on-case-to-case-basis.--
    45. What-is-the-law-about-opening-of-bank-account?-
    As-per-section-17(1),-every-person-who-has-been-granted-a-certificate-or-given-prior-permission-
    shall-receive-foreign-contribution-in-a-single-account-only-through-such-one-of-the-branches-of-a-
    bank-as-he-may-specify-in-his-application-for-grant-of-certificate.-
    Form-FC‐3-and-Form-FC‐4-which-deal-with-the-application-for-registration-and-prior-permission-
    respectively,-require-the-mention-of-separate-bank-account-number-and-the-branch-of-the-bank.-
    -
    46. What-is-the-procedure-for-changing-bank-accounts?-
    As-per-the-Declaration-and-Undertaking-provided-in-the-Form-FC-–3-and-FC‐-4-(which-is-for-
    application-for-registration-and-Prior-Permission),-it-is-stated-that-change-of-Bank-account-or-the-For-Private CirculationOnly------------------------------Financial Management Services Foundation Page 17
    -
    Branch- of-the- Bank- cannot- be-made- without- prior- permission- of-the- Central-Government.-
    However,-relevant-and-justifiable-reasons-should-be-provided-for-the-change.-A-proforma-for-
    change-of-bank-account-or-the-branch-of-the-existing-FCRA-bank-account-can-be-downloaded-
    from-the-web‐site-of-Ministry-of-Home-Affairs.-
    47. Does-FCRA-allow-maintenance-of-separate-bank-accounts-for-separate-donors?-
    It-has-been-seen-that-some-donors-insist-of-maintenance-of-separate-bank-account-specifically-
    for-their- grant- and- utilisation-thereof.- But- under- FCRA,- all-foreign- contributions-should- be-
    received- in-the- designated- bank- account- only.- Therefore,- under- no- circumstances,-separate-
    bank-account-should-be-opened-for-receiving-funds-from-various-donors.-After-the-receipt-of-
    funds-in-the-designated-bank-account,-the-organisation-may-open-one-or-more-accounts-in-one-
    or-more-banks-for-utilization-of-foreign-contribution-received.-However,-no-funds-other-than-
    foreign-contribution-received-should-be-deposited-in-this-account.-
    48. Can-an-NGO-have-more-than-one-account-for-project-purposes?-
    Yes,-an-NGO/organisation-can-open-one-or-more-accounts-in-one-or-more-banks-for-utilising-the-
    foreign- contribution- received.- It- should- be- taken- care,- that- no- funds- other- than- foreign-
    contribution-shall-be-received-or-deposited-in-such-account.-
    49. Can-FDR's-be-created-out-of-FC-bank-balance?-
    As-far-as-the-creation-of-fixed-deposits-of-FCRA-funds-is-concerned,-there-does-not-seem-to-be-
    any-bar-on-it.-All-the-funds-are-required-to-be-received-in-the-designated-bank-account-but-any-
    temporary-surplus-funds-may-be-placed-in-fixed-deposits-with-the-bank,-pending-utilisation-for-
    the-objects-for-which-they-were-received.-However,-it-is-subject-to-approval-by-the-concerned-
    donor-of-the-foreign-contribution.-
    50. What-is-the-treatment-if-fixed-asset-is-created-from-Foreign-Contribution-as-well-as-domestic-
    funds?-
    Any-asset-created-out-of-foreign-funds-should-be-recorded-in-the-FC-books-of-account-only.-FC-
    asset-will-continue-to-remain-an-FC-asset-irrespective-of-time-factor-or-closure-of-the-project.-At-
    times-it-may-so-happen-that-a-portion-of-the-asset-is-funded-from-domestic-sources.--
    For-instance,-a-building-constructed-on-a-land-purchased-from-domestic-sources.-In-such-cases,-
    the-cost-of-the-land-should-be-reflected-in-the-domestic-books-of-account-and-the-cost-of-the-For-Private CirculationOnly------------------------------Financial Management Services Foundation Page 18
    -
    building-should-be-shown-in-the-FC-books-of-account.-Only-the-consolidated,-statement-will-
    show-the-total-cost-of-land-and-building-together.-
    51. Can-an-organisation-take-loan-from-local-sources-for-FC-project?-
    An-organisation-may-use-domestic-funds-for-FC-projects-temporarily-in-the-absence-of-receipt-of-
    FC-funds-in-time.-However,-when-the-funds-in-FC-account-are-available-the-advance-must-be-
    settled-forthwith.-All-the-original-bills-must-be-kept-in-FC-account-and-photocopies-may-be-kept-
    in-local-contribution-account.-
    52. Does-FCRA-impose-‘cash-basis’-method-of-accounting?-
    No,-FCRA-does-not-impose-any-particular-method-of-accounting.-But-it-does-have-certain-specific-
    reporting-requirements-which-have-to-be-complied-diligently.-A-FCRA-registered-organization-
    shall-maintain-a-separate-set-of-accounts-and-records-exclusively-for-the-foreign-contribution-
    received-and-utilized.--
    53. What-documents-are-required-to-be-filed-annually?-
    Every-organisation-which-received-foreign-contribution-shall-submit-a-report-in-form-FC‐6-within-
    nine-months-of-the-closure-of-the-financial-year.-The-following-are-the-documents-to-be-filed‐:-
    i. Form-FC‐6-duly-filled-
    ii. Income-and-Expenditure-statement-
    iii. Receipt-and-payment-account.-
    iv. Balance-Sheet.-
    v. Statement-of-account-from-the-bank-duly-certified-by-the-officer-of-such-bank,-where-
    foreign-contribution-is-received-including-the-details-in-respect-of-funds-transferred-to-
    other-bank-accounts-for-utilsation.-
    54. Which-form-is-applicable-for-the-filing-of-returns-for-FY-2010‐11?-
    The-FCR-Act-2010-has-been-made-effective-from-1st-May-2011-onwards-and-the-filing-of-returns-
    for-the-F.Y-2010‐11-covers-the-period-up-to-March,-2011.-Therefore,-the-Form-FC‐3-as-per-FCRA-
    1976-is-applicable-for-this-year.-However,-from-FY-2011‐12-onwards-the-new-form-FC‐6-will-be-
    applicable-for-filing-of-annual-returns.--For-Private CirculationOnly------------------------------Financial Management Services Foundation Page 19
    -
    -
    55. Is-it-necessary-to-file-annual-return-even-when-the-organisation-does-not-receive-any-foreign-
    contribution?-
    Yes,-the-FCRA-Rules-2011-in-Rule-17(8)-mentions-“A-NIL-report-shall-be-furnished-even-if-no-
    foreign-contribution-is-received-during-a-financial-year.”-
    56. Is-there-any-time-period-for-preserving-account-statements-by-NGOs?-
    Yes-the- new- FCRA- 2010-provides-the-time- period-for- preserving- account-statements.- Every-
    organisation-is-required-to-preserve-the-accounting-statements-for-a-period-of-six-years.-
    57. Is-land-a-part-of-speculative-investment?-
    FCRA-Rules-2011-details-the-activities-to-be-treated-as-speculative-activities.-Rule-4(b)-provides-
    that-any-investment-in-land-which-promises-high-return-shall-be-speculative-provided-the-asset-is-
    not-directly-linked-with-the-aim-and-objectives-of-the-organisation.-Thus-land-purchased-for-
    furtherance-of-objectives-of-the-organisation-shall-not-be-a-part-of-speculative-investment.--
    58. Are-mutual-funds-speculative-investment?-
    Yes- the- new- FCRA- 2010- specifically- mentions- investment- in- mutual- funds- as- speculative-
    investment.-It-says-any-activity-or-investment-which-has-an-element-of-risk-linked-to-market-
    forces-shall-be-speculative.--
    59. Whether-donations-by-Persons-of-Indian-Origin-(PIO)-Card-holder-or-Persons-of-Indian-Origin-
    (PIO)-who-hold-other-country’s-passports-or-registered-Overseas-Citizens-of-India-(OCI)-would-
    be-considered-‘foreign-source’?-
    Yes,-because-persons-under-all-these-three-categories-are-foreign-nationals-and-hold-passports-
    of-the-country-of-their-nationality.-
    -
    60. Whether-foreigners-can-be-appointed-as-Executive-Committee-members?-
    Foreign-nationals-are-generally-discouraged-from-being-appointed-as-member-of-Executive-
    Committee-by-an-association.-However,-foreign-nationals,-fulfilling-the-following-conditions,-may-be-
    appointed-as-Executive-Committee-members,-after-obtaining-prior-permission-of-the-Central-
    Government:-
    i. the-foreigner-is-married-to-an-Indian-citizen;-
    ii. the-foreigner-has-been-living-and-working-in-India-for-at-least-five-years;-For-Private CirculationOnly------------------------------Financial Management Services Foundation Page 20
    -
    iii. the-foreigner-has-made-available-his/her-specialized-knowledge,-especially-in-the-medical-and-
    health-related-fields-on-a-voluntary-basis-in-India,-in-the-past;-
    iv. the-foreigner-is-part-of-the-Board-of-Trustees/Executive-Committee-in-terms-of-the-provisions-
    in-an-inter‐governmental-agreement;-
    v. the-foreigner-is-part-of-the-Board-of-Trustee/Executive-Committee,-in-an-ex‐officio-capacity-
    representing-a-multilateral-body-which-is-exempted-from-the-definition-of-foreign-source.-The-
    need-for-such-an-appointment-should,-however,-be-adequately-justified.-
    -
    61. Whether-grant-received-from-MNCs-be-treated-as-FC-or-not?-
    If-the-funds-are-received-from-an-Indian-Company-incorporated-under-the-Companies’-Act,-1956-
    the-same-will-not-be-treated-as-foreign-contribution.-But-if-the-ownership-and-control-rights-of-
    the-company-are-vested-in-a-foreign-source,-it-will-be-treated-as-foreign-contribution.-
    -
    62. Can- the- fee- paid- by- the- foreign- delegates- /- participants- attending/- participating- in- a-
    conference/seminar-etc.-be-termed-as-foreign-contribution-and-thus-require-permission-from-
    FCRA?-
    Foreign- delegates/participants- paying- “delegate/participation- Fees”- in- foreign- currency- for-
    participation- in- a- conference/seminar- which- is- utilized- for- the- purpose- of- meeting- the-
    expenditure-of-hosting-the-conference/seminar-and-is-not-treated-as-foreign-contribution-and-as-
    such-no-permission-under-FCRA-is-required.-
    -
    63. Who-should-be-contacted-for-any-information-on-FCRA?-
    Names-of-the-officers,-their-contact-details-including-telephone-numbers-are-available-on-MHA’s-
    website-http://mha.nic.in/fcra.htm-
    -
    http://www.fcraforngos.org/FAQ.pdf
     
  14. Ray

    Ray The Chairman Defence Professionals Moderator

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    Re: Shinde orders probe into AAP funds; look at your own, says Kejriwa

    Every political party, every religious organisation and every NGO should be investigated for foreign funds, be it from NRIs or from foreign agencies or government.
     
    Last edited: Nov 12, 2013
  15. Ray

    Ray The Chairman Defence Professionals Moderator

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    Re: Shinde orders probe into AAP funds; look at your own, says Kejriwa

    AAP a 'B-team' of Congress, says BJP

    Coming down heavily on the Aam Aadmi Party, the BJP on Wednesday said the party founded by Arvind Kejriwal, who over the past week has alleged that the saffron party’s Delhi unit chief is corrupt, was a “B-team” of the Congress.

    Delhi BJP president Vijay Goel has sent a legal notice to Kejriwal, who has said the state BJP had no leader capable of challenging Chief Minister Sheila Dikshit. The party also said it would file a criminal complaint against the anti-corruption-activist-turned-politician.

    “Kejriwal’s vitriolic and personal attack on the Delhi BJP helps the Congress greatly. It is surprising that instead of targeting the Congress Government, AAP leaders are targeting the main opposition party which is all set to defeat the Congress,” said Goel.

    “As people are able to see through Kejriwal’s attempts to divide the anti-incumbency vote and thereby help the Congress make a come back, his party is losing support. Many of his colleagues have left him realizing that he is leading a Congress B-team,” he further alleged.

    Meanwhile, the Shiromani Akali Dal (Delhi), a splinter group of the Parkash Singh Badal-led SAD, said it would hold a protest against Gujarat Chief Minister Narendra Modi against the treatment meted out to Sikh farmers in Gujarat’s Kutch region on Sunday, when the BJP’s prime ministerial nominee would be addressing a rally here.

    The matter relates to the land records of the Sikh farmers being taken over by the Gujarat Government by invoking the Bombay Tenancy and Agricultural Lands Act, 1958, which disabled them from selling, buying or availing themselves of any loan or subsidy for their land. While the Gujarat High court had ruled in favour of the farmers, the government has challenged the verdict in the Supreme Court.

    The state government started issuing notices to freeze the Punjabi farmers’ land in 2003 and began taking possession of it since 2010. The SAD(D) enjoys the support of the Congress, whose leaders have shared a platform with SAD (D) leaders on many occasions in the national capital.

    AAP a 'B-team' of Congress, says BJP - The New Indian Express

    ***************************************************

    AAP will seriously cut into what was expected to be BJP votes and that is the crux of the BJP ire.
     
    Last edited by a moderator: May 10, 2015
  16. Singh

    Singh Phat Cat Administrator

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    Re: Shinde orders probe into AAP funds; look at your own, says Kejriwa

    BJP is Congress's B-Team, sigh.
     
  17. Ray

    Ray The Chairman Defence Professionals Moderator

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    Re: Shinde orders probe into AAP funds; look at your own, says Kejriwa

    Actually, the manner in which the Congress is reacting to Modi, it is Congress which is the B Team and Nitish a distant C Team appendage to the Congress.

    In Delhi, Kejriwal has sent shivers down the spines of the Congress and BJP.

    In Bihar and elsewhere, Modi has sent the shivers down the Congress' spine and down Nitish's in Bihar.

    Notwithstanding the shivers all are facing, the voters will leave all cold when the results come out!
     
    gokussj9 likes this.
  18. rugved

    rugved Regular Member

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    Re: Shinde orders probe into AAP funds; look at your own, says Kejriwa

    Isn't it legitimate for Kejriwal to target Goel for being a part of and for not raising a single voice in the assembly in the artificially inflated electricity and water bills scandal?
     
  19. rock127

    rock127 Maulana Rockullah Senior Member

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    Re: Shinde orders probe into AAP funds; look at your own, says Kejriwa

    Saw the debate going on on all the TV channels.

    All parties like Congress,BJP,NCP,SP have almost 75% of funds unaccounted. So who knows it could be given by ISI,LeT,CIA. WHY THESE PARTIES NOT ALLOWING a investigation on themselves first before asking AAP???

    Also one point is that all these parties made a legislation that any donation received below Rs 20,000 doesn't need any proof and its EXTREMELY FISHY since this means there can be thousands of <20,000 unaccounted donations thus exploiting the law, so why not change the law??? :rolleyes:

    All these parties seems to be extremely annoyed and upset since AAP disclosed it's funds and ready to provide accounts as well whereas other parties dont even wants a investigation.

    It's simply a witch hunt against AAP by all and AAP is going to get more sympathy and votes.
     
    rugved likes this.
  20. The Messiah

    The Messiah Bow Before Me! Elite Member

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    Re: Shinde orders probe into AAP funds; look at your own, says Kejriwa

    That maybe the case but bjp isn't owner of these votes, instead they should introspect why votes are going to aap and try to divert it back to bjp instead of wining like a small boy who lost his toy car.
     
    Singh and sob like this.
  21. Ray

    Ray The Chairman Defence Professionals Moderator

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    Re: Shinde orders probe into AAP funds; look at your own, says Kejriwa

    Nobody is the owner of votes.

    That is why Kejriwal, who is a Johnny Come Lately has shaken all the national parties in their underpants.

    No one requires to introspect.

    The writing is on the wall and it was on the wall long back.

    People are tired of Vote Bank politics and the total falsehood that underlines these so called populist policies.

    And most importantly, the people are tired of all these 'minority appeasement', which does not reach the minorities but upsets all concerned.

    It is time, all think INDIAN and not put their silly 'identities' before thinking they are INDIANs first.

    And since you conveniently forget, it is Auntry Sheila of the Congress who has raised the bogey against AAP which is now a danger to them.

    I felt AAP was the real Messiah to cleanse India, but since he too has fallen prey to vote bank politics shenanigans like meet religious goons, I wonder who is the real Messiah.

    I await the second coming of Christ!
    @rugved.

    That would also answer your query.

    No quibbles on Kejri raising his voice. I endorse that.

    But to also pander to religious fraudmen does tarnish the honesty that he claims he has.
     
    Last edited by a moderator: May 10, 2015
    gokussj9 and TrueSpirit1 like this.

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