The Ministry of Home Affairs has asserted that the NGOs engaged in publication-related activities and receiving foreign contribution, will not be able to publish any newsletter and must get a certificate from the Registrar of the Newspaper for India that it does not circulate any news content.
The new rules will have to be abide by the NGOs seeking registration under the Foreign Contribution (Regulation) Act, it said.
In a notification, the Ministry of Home Affairs (MHA) said it has amended the rules made under the FCRA and henceforth, NGOs which are seeking permission to get foreign funding must give an undertaking that it will adhere to the Good Practice Guidelines of the Financial Action Task Force (FATF), the global watchdog for terror financing and money laundering. The MHA said such bodies or NGOs, which are seeking registration must enclose financial statements and audit reports of the last thee financial years, including the statement of assets and liabilities, receipts and payments account and income and expenditure account.
If the audit reports and financial statements do not contain activity-wise expenditure for the last three financial years, a chartered accountant’s certificate specifying the activity-wise amount spent by the association, duly reconciled with the income and expenditure account and the receipt and payment account must be submitted. In case the association or the NGO is engaged in publication-related activities or if publication activities are among its aims and objectives as stated in the Memorandum of Association or trust deed, an undertaking from the chief functionary regarding compliance with the FCRA, 2010, must be given.
The MHA said if the publication of the association is registered with the Registrar of Newspaper for India, a “Not a Newspaper†certificate from the Registrar of the Newspaper for India must be submitted. If the NGO was previously registered under the FCRA, it will be required to submit an affidavit regarding receipt and utilisation of foreign contribution after expiry or cancellation of registration certificate.
If the expenditure on aims and objects is less than `15 lakh in the last three financial years, an affidavit regarding the inclusion of capital investments must be submitted, it said.
The Government stipulated that the NGOs which are seeking permission to receive foreign contribution must enclose a commitment letter from the donor, with the amount committed in the letter matching the donation amount, project report, including a detailed breakup of proposed expenses to be incurred from the foreign contribution to be received, along with a declaration that administrative expenses shall not exceed 20 per cent of the foreign contribution.
All NGOs receiving foreign funds have to mandatorily be registered under the FCRA and must utilise such funds only for the purposes it has been received.
Any Association wishing to receive foreign contributions must have a definite cultural, economic, educational, religious or social programme, said MHA. The organisation must neither receive, nor utilise, any foreign contribution without obtaining permission or registration from the Centre, it said.
