NGO Consultant

NGO Consultant
Odisha NGO Consultancy Services

Thursday, March 17, 2016

Delay in FCRA Renewal Process?

Suppose you've applied online for FCRA renewal well in time by 15th March 2016. You've also applied in correct form (FC-3), and have paid the fees as required. However, your FCRA registration is neither renewed nor rejected by 30th April 2016. What happens now? Can you continue accepting foreign contribution after 30th April?

The answer seems to be 'yes'. Though section 12(6) says your FCRA renewal is valid only for five years, the related rule creates some flexibility. According to this rule, the FCRA registration would lapse if proper renewal application with fees is not received by due date. This may also mean that if the application is indeed received properly, then the validity will continue - till the application is actually rejected.

Ref.:

1. Above interpretation may or may not be accepted by FCRA Department. Please obtain independent advice or FCRA clarification on this before taking any decisions.

2. FCRR 2011, as amended Dec'15:

Rule 12. Renewal of registration certificate. -

(1) Every certificate of registration issued to a person shall be liable to be renewed after the expiry of five years from the date of its issue on proper application...

(5) In case no application for renewal of registration is received or such application is not accompanied by the requisite fee, the validity of the certificate of registration of such person shall be deemed to have ceased from the date of completion of the period of five years from the date of the grant of registration