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FCRA UPSC NOTE

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  Why in news The Union Home Ministry granted FCRA registration to the Banke Bihari temple in Vrindavan , allowing it to receive foreign do...

 Why in news

  • The Union Home Ministry granted FCRA registration to the Banke Bihari temple in Vrindavan, allowing it to receive foreign donations for religious activities.

  • The temple priests say they did not apply for this registration.

  • There’s a legal dispute over the control of the temple’s affairs and funds between the temple’s hereditary priests and the state government.

  • The FCRA Act stands for the Foreign Contribution (Regulation) Act, 2010

  • It's a law in India that regulates how organizations and individuals can accept and use foreign donations.


Purpose:

  • Ensures foreign contributions come from legitimate sources and are used for legitimate purposes.

  • Prevents foreign funding from being used against India's national interest.

Applicability:

  • Applies to any person or organization that wants to receive foreign donations.

  • Extends to Indian citizens abroad and foreign branches of Indian companies.

Key Regulations:

  • Requires registration or prior permission from the government for most organizations to accept foreign funds.

  • Restricts how donations can be used, with limitations on administrative expenses.

  • Mandates reporting on how foreign contributions are received and utilized.

About FCRA

  • FCRA was enacted during the Emergency in 1976 amid apprehensions that foreign powers were interfering in India’s affairs by pumping money into the country through independent organisations.

  • The FCRA Act, 2010, was amended again in 2020, giving the government tighter control and scrutiny over the receipt and utilisation of foreign funds by NGOs.

Criteria:

  • The FCRA requires every person or NGO seeking to receive foreign donations to be:

    • registered under the Act

    • to open a bank account for the receipt of the foreign funds in State Bank of India, Delhi

    • to utilize those funds only for the purpose for which they have been received and as stipulated in the Act.

  • FCRA registrations are granted to individuals or associations that have definite cultural, economic, educational, religious, and social programmes.

Prohibitions of Activities Under FCRA Registration:

  • The applicant must not represent fictitious entities.

  • The applicant should not have been involved in religious conversion activities, either directly or indirectly.

  • The applicant should not have a history of prosecutions related to communal tension or disharmony.

  • The applicant must not be engaged in activities related to sedition.

  • The FCRA prohibits candidates, journalists, media companies, judges, government servants, politicians, and political organizations from receiving foreign funds.

Validity and Renewal:

  • FCRA registration is valid for five years, and NGOs are required to apply for renewal within six months of the registration's expiry.

  • The government has the authority to cancel an NGO's FCRA registration for various reasons, including violations of the Act or a lack of reasonable activity in their chosen field for two consecutive years.

  • Once canceled, an NGO is ineligible for re-registration for three years.

FCRA 2022 Rules:

  • In July 2022, the MHA introduced changes to FCRA rules. These changes included increasing the number of compoundable offences from 7 to 12.

  • The rules also raised the limit for contributions from relatives abroad that do not require government intimation from Rs 1 lakh to Rs 10 lakh and extended the time limit for intimation of the opening of bank accounts.

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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: FCRA UPSC NOTE
FCRA UPSC NOTE
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Learnerz IAS | Concept oriented UPSC Classes in Malayalam
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