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1 Role of Chief Functionary in FCRA on Fri 21 Feb 2014 - 10:27

Priyanka Rajora


Role of Chief Functionary:

The term “Chief Functionary” has not been defined in the FCRA Act or Rules. Normally the head of the organisation should be construed as the Chief Functionary. The organisation may also designate any office bearer as the Chief Functionary through a General Body/Governing Body resolution, for the purposes of filing the FCRA returns, Forms etc.

Duties pursuant to Rules & Forms:

Under Foreign Contribution (Regulation) Rules, 2011

Rule 9(2):

The hard Copy of online application filed pursuant to Section 11(1) & (2) for receipt of foreign Contribution shall be signed by the Chief Functionary.

In case of Registration/ prior permission under Form FC-3/FC-4 Chief Functionary is responsible:

(i) to inform the Central Government (Ministry of Home Affairs) within thirty days, if any change takes place in regard to the name of the Association, its address, its registration, its nature, its aims and objects together with documentary evidence effecting the change.

(ii) to obtain prior permission for change of Members of the Executive Committee / Governing Council, if, at any point of time, such change causes replacement of 50% or more of such Members as were mentioned in the application for registration/prior permission under the Foreign Contribution(Regulation)Act, 2010 (42 of 2010) and undertake further not to accept any foreign contribution except with prior permission till the permission to replace the office-bearer(s) has been granted.

(iii) not to change the Bank and/or branch of the Bank without prior permission of the Central Government [the reason(s) for change of bank or branch of the bank shall have to be relevant and justifiable] and,

(iv) not to accept any foreign contribution unless either registration certificate, as applied for here in above, or prior permission of the Central Government under the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) is granted.

Utilisation of Funds:

The Chief functionary under Form FC-6 has to sign a declaration that the foreign contribution has been utilised for the purpose(s) for which the Association has been granted registration or prior permission by the Central Government.

Foreign Contribution received for article:

The chief functionary has to sign declaration stating that the information furnished in the Form are true and correct under Form FC 7 for Intimation about Foreign Contribution Utilisation (Articles)

Foreign Contribution relates to Foreign Securities.

Under Form FC- 8 :Intimation about foreign contribution (securities):

The Chief functionary has to sign the declaration that the information furnished above is true and correct.

Transfer of foreign contribution to other registered/unregistered association

In case the association registered to receive foreign contribution transfer foreign contribution to other registered/unregistered association the assciation need to file Form FC-10 and the chief Functionary has to sign the declaration that the information furnished above is true and correct.


Under FCRA 2010:

The Act is silent in this regard.

In case of Jaldhaara the following duties of Chief Functionary are applicable:

The hard Copy of online application filed to obtain prior permission for receipt of foreign Contribution, shall be signed by the Chief Functionary.

In case of prior permission under Form FC-4 Chief Functionary is responsible:

(i) to inform the Central Government (Ministry of Home Affairs) within thirty days, if any change takes place in regard to the name of the Association, its address, its registration, its nature, its aims and objects together with documentary evidence effecting the change.

(ii) to obtain prior permission for change of Members of the Executive Committee / Governing Council, if, at any point of time, such change causes replacement of 50% or more of such Members as were mentioned in the application for registration/prior permission under the Foreign Contribution(Regulation)Act, 2010 (42 of 2010) and undertake further not to accept any foreign contribution except with prior permission till the permission to replace the office-bearer(s) has been granted.

(iii) not to change the Bank and/or branch of the Bank without prior permission of the Central Government [the reason(s) for change of bank or branch of the bank shall have to be relevant and justifiable] and,

(iv) not to accept any foreign contribution unless either registration certificate, as applied for here in above, or prior permission of the Central Government under the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) is granted.



Utilisation of Funds:

The Chief functionary under Form FC-6 has to sign a declaration that the foreign contribution has been utilised for the purpose(s) for which the Association has been granted registration or prior permission by the Central Government.

Transfer of foreign contribution to other registered/unregistered association

In case the association registered to receive foreign contribution transfer foreign contribution to other registered/unregistered association the assciation need to file Form FC-10 and the chief Functionary has to sign the declaration that the information furnished above is true and correct.

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