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FCRA waiver for Tsunami relief E-mail

Full details available at:
http://education.vsnl.com/accountaid/Tsunami_FCRA.htm

GOVERNMENT OF INDIA PRESS RELEASE


30th December, 2004

In order to facilitate the immediate acceptance of foreign assistance, in cash and kind by various agencies working in the Tsunami hit coastal areas of Andaman & Nicobar Islands, Andhra Pradesh, Tamil Nadu, Pondicherry and Kerala and in other parts of the country for providing relief to the affected persons, the Central Government has exempted, with immediate effect and upto 31st March, 2005, all associations (other than a Political Party) having a definite cultural, economic , educational, religious or social programme, from the provisions of section 6(1-A) of the Act to accept foreign contribution, in cash and kind, for providing relief to the affected persons without obtaining a formal approval of the Central Government, subject to the following Conditions-

(i) Each such association would open a new bank account for this purpose;

(ii) The said account would be designated as the "Tsunami Relief Account";

(iii) The association would receive foreign contribution only in the said designated bank account;

(iv) The association would maintain a separate set of accounts and records in respect of foreign contribution received in the said designated bank account;

(v) The association would submit its particulars in Form FC-1A to the Foreigners Division of the Ministry of Home Affairs within one week of the opening of the said designated bank account;

(vi) The association would make an intimation regarding receipt of foreign contribution in Form FC-3 and in Form FC-6 in respect of articles, duly certified by a Chartered Accountant, within 4 months of the closure of the year to the Foreigners Division of the Ministry of Home Affairs in the manner prescribed in Foreign Contribution (Regulation ) Rules, 1976.

2. The Forms can be downloaded from the Ministry of Home Affairs Website at http://mha.nic.in/fore.htm

3. Voluntary organisations already registered under the Foreign Contribution (Regulation) Act, 1976 are hereby permitted, as a special case, to receive foreign contribution in cash and kind for assisting the victims of Tsunami, irrespective of the fact that their aims and objects provide for such activity or not, under intimation to the Ministry of Home Affairs.

4. Certain voluntary organizations are also in receipt of permission to accept foreign contribution for a specific project. Such organizations are also permitted, as a special case, to use the foreign contribution for assisting the victims of Tsunami, under intimation to the Ministry of Home Affairs.

 

II/21022/11(19)/2004-FCRA I

Government of India

Ministry of Home Affairs

Foreigners Division

*****

Lok Nayak Bhavan,

Khan Market,

New Delhi - 110 003

Dated the 30th December,2004

ORDER

Whereas no association having a definite cultural, economic, educational, religious or social programme shall accept foreign contribution unless such association registers itself with the Central Government or obtains the prior permission of the Central Government under section 6 of the Foreign Contribution (Regulation) Act, 1976, hereinafter referred to as the ?Act'.

2. Whereas in the aftermath of the severe Tsunami affected coastal areas in Andaman & Nicobar Islands, Andhra Pradesh, Tamil Nadu, Pondicherry and Kerala, a number of foreign sources have expressed a desire to send contributions, in cash and kind, to various agencies working in these areas and in other parts of the country to assist the victims of Tsunami.

3. Whereas the immediate arrival of this assistance is of paramount importance to provide succour to the affected persons and it is in the public interest to dispense with the procedure prescribed for the acceptance of foreign contribution in the said Act, as a special case for this purpose only.

4. Now, Therefore, in exercise of the powers conferred by section 31 of the said Act, the Central Government hereby exempts, with immediate effect and upto 31st March, 2005, all associations (other than a Political Party) having a definite cultural, economic , educational, religious or social programme, from the provisions of section 6(1-A) of the Act to accept foreign contribution, in cash and kind, for providing relief to the Tsunami victims without obtaining a formal approval of the Central Government, Subject to the following Conditions-

(i) Each such association would open a new bank account for this purpose;

(ii) The said account would be designated as the "Tsunami Relief Account";

(iii) The associations would receive foreign contribution only in the said designated bank account;

(iv) The association would maintain a separate set of accounts and records in respect of foreign contribution received in the said designated bank account;

(v) The association would submit its particulars in Form FC-1A to the Foreigners Division of the Ministry of Home Affairs within one week of the opening of the said designated bank account;

(vi) The association would make an intimation regarding receipt of foreign contribution in Form FC-3 and in Form FC-6 in respect of articles, duly certified by a Chartered Accountant, within 4 months of the closure of the year to the Foreigners Division of the Ministry of Home Affairs in the manner prescribed in Foreign Contribution (Regulation ) Rules, 1976.

5. The Forms can be downloaded from the Ministry of Home Affairs Website at http://mha.nic.in/fore.htm

(D.S. Mishra)

Joint Secretary to the Govt. of India
 
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