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Core Purpose

Notification by the Ministry of Home Affairs making the Foreign Contribution (Regulation) Amendment Rules, 2024 under section 48 of the Foreign Contribution (Regulation) Act, 2010, further amending the Foreign Contribution (Regulation) Rules, 2011.

Detailed Summary

By notification G.S.R. 790(E) dated 31st December 2024, effective 1st January 2025, the Central Government (Ministry of Home Affairs), exercising powers under section 48 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010), made the Foreign Contribution (Regulation) Amendment Rules, 2024 amending the Foreign Contribution (Regulation) Rules, 2011; the amendment inserts a proviso to rule 5 permitting associations to carry forward unspent allowable administrative expenses to the succeeding financial year with reasons recorded in Form FC-4, amends Form FC-4 serial number 2 to add an item on transfer of Foreign Contribution part of income-tax refund from a non-FCRA bank account, inserts a new item 4(iv) requiring particulars (brought-forward and carried-forward unspent administrative expenses, total foreign contribution received, allowable and utilised administrative expenses) for carrying forward unspent allowable administrative expenses under sub-rule (5) of rule 17, adds a new serial number 9 requiring details of the certifying Chartered Accountant (name, address, membership registration number, email, certificate date, and any violations noted), and inserts a certification paragraph for the Chartered Accountant to confirm compliance or detail violations of the Act; the principal rules were originally published vide G.S.R. 349(E) dated 29th April 2011 and were previously amended by G.S.R. 292(E) (12 April 2012), G.S.R. 966(E) (14 December 2015), G.S.R. 199(E) (7 March 2019), G.S.R. 659(E) (16 September 2019), G.S.R. 695(E) (10 November 2020), a corrigendum G.S.R. 17(E) (11 January 2021), G.S.R. 506(E) (1 July 2022) and G.S.R. 683(E) (22 September 2023).

Full Text

8494 GI/202 4 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 728] NEW DELHI, TUES DAY , DECEMBER 31, 2024 /PAUSHA 10, 1946 CG-DL-E-31122024-259764 CG-DL-E-31122024-259764 [फा. सं. II/21022/23(12)/2020 -एफसीआरए -III] MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 31st Decembe r, 2024 G.S.R. 790(E).—In exercise of the powers conferred by section 48 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010), the Central Government hereby makes the following rules further to amend the Foreign Contribution (Regulation) Rules, 2011, namely: - 1. Short title and commencement. —(1) These rules may be called the Foreign Contribution (Regulation) Amendment Rules, 2024. (2) They shall come into force on the 1st day of January, 2025. 2. In the Foreign Contribution (Regulation) Rules, 2011 (hereinafter referred to as said rules), in rule 5, after second proviso, the following proviso shall be inserted, namely: — “Provided also that the association shall have the option to carry forward the unspent part of allowable administrative expenses in a financial year to the immediately succeeding financial year, for reasons to be mentioned in Form FC -4.”. 3. In the said rules, in Form FC -4,- (a) in serial number 2, in clause (i), in sub -clause (b), after item (ii), the following item shall be inserted, namely: - “(iii) Transfer of Foreign Contribution part of income -tax refund from non -FCRA bank account”; (b) in serial number 4, after clause (iii), the following shall be inserted; namely: - “(iv) Carry forward of unspent part of allowable administrative expenses in a financial year . Sl. No. Particulars Amount (in Rs.) A. Brought forward unspent part of allowable administrative expenses B. Total foreign contribution received during the year C. Allowable administrative expenses of current financial year [20 per cent. of B] D. Total administrative expenses incurred during the current year E. Administrative expenses of current year utili sed out of A above. F. Administrative expenses of current year utili sed out of C above. G. Unspent part of C above available to be carried forward. H. Out of G above, amount to be carried forward to next financial year. I. Reason for carry forward of unspent part of allowable administrative expenses to next financial year. (c) after serial number 8, the following shall be inserted , namely: - “ 9. Details of Chartered Accountant issuing the certificate under sub -rule (5) of rule 17: (i) name of the Chartered Accountant ; (ii) address ; (iii) Member Registration number ; (iv) e-mail Address ; (v) date of issue of certificate ; (vi) Whether any violation of the Act has been pointed out in certificate, and if so, details thereof ” ; (d) under the heading, Certificate to be given by Chartered Accountant, after clause (vii), the following paragraph shall be inserted , namely: - “I hav e examined all relevant books and records, including the items mentioned in column 8 of FC -4, and to the best of my knowledge and belief (name of the person/ association )………………… has (strike out whichever of the following is not applicable) (i) not violated any provisions of the Foreign Contribution (Regulation) Act, 2010 or rules made thereunder or notifications issued thereunder; or (ii) violated the provisions of Foreign Contribution (Regulation) Act, 2010 or rul es made thereunder or notifications issued thereunder. The details of the violation(s) are as under: …………………………… ”. [F. No. II/21022/23(12)/2020 -FCRA -III] SAURABH BANSAL , Jt. Director Note : The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub - section (i), vide notification number G.S.R. 349(E), dated 29th April, 2011 and subsequently amended, vide G.S.R. 292 (E), dat ed 12th April, 2012, G.S.R. 966 (E), dated 14th December, 2015, G.S.R. 199 (E), dated 7th March, 2019, G.S.R. 659 (E), dated 16th September, 2019, G.S.R. 695(E), dated 10th November, 2020, a Corrigendum vide G.S.R. 17(E), dated 11th January, 2021, G.S.R. 506(E), dated 1st July, 2022 and G.S.R. 683(E), dated 22nd September, 2023. Uploaded by Dte. of Printing at Government of Ind ia Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Pu blications, Delhi -110054.

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