Certain matters have been highlighted in case study which may have ramifications for renewal of registration of trust under the FCRA. At the time of…
CA Final · Integrated Business Solutions (Multidisciplinary Case Study) · MTP · May 2024
Certain matters have been highlighted in case study which may have ramifications for renewal of registration of trust under the FCRA. At the time of applying for renewal of registration of a person under the FCRA, 2010, Central Government is empowered to make inquiry in respect of wide range of matters. Discuss those matters. Do matters highlighted in case study fall among such matters?
Suggested Answer and Working Notes:
(a) The Central Government may, before renewing the certificate, make such inquiry, as it deems fit, to satisfy itself that such person has fulfilled all conditions specified in Section 12 (4) of the FCRA, 2010. The conditions are as under: - (a) The person making such application: - i. is not fictitious or benamiii. has not been prosecuted or convicted for indulging in activities aimed at conversion through inducement or force, either directly or indirectly, from one religious faith to anotheriii. has not been prosecuted or convicted for creating communal tension or disharmony in any specified district or any other part of the country.iv. has not been found guilty of diversion or mis-utilisation of its fundsv. is not engaged or likely to engage in propagation of sedition or advocate violent methods to achieve its endsvi. is not likely to use the foreign contribution for personal gains or divert it for undesirable purposesvii. has not contravened any of the provisions of this Actviii. has not been prohibited from accepting foreign contribution (b) the person making an application has undertaken reasonable activity in its chosen field for the benefit of the society for which the foreign contribution is proposed to be utilized. (c) the person making an application has prepared a reasonable project for the benefit of the society for which the foreign contribution is proposed to be utilized. (d) the person being an individual, such individual has neither been convicted under any law for the time being in force nor any prosecution for any offence is pending against him. (e) the person being other than an individual, any of its directors or office bearers has neither been convicted under any law for the time being in force nor any prosecution for any offence is pending against him. (f) the acceptance of foreign contribution by the association/ person is not likely to affect prejudicially i. the sovereignty and integrity of Indiaii. the security, strategic, scientific or economic interest of the Stateiii. the public interestiv. freedom or fairness of election to any Legislature,v. friendly relation with any foreign Statevi. harmony between religious, racial, social, linguistic, regional groups, castes or communities. (g) the acceptance of foreign contribution i. shall not lead to incitement of an offenceii. shall not endanger the life or physical safety of any person. The matters highlighted in case study pertain to an environmental agitation turning violent. There are also allegations of using foreign contributions by a trust member for personal jaunts which is in nature of personal gains. Central Government has power to make inquiry in respect of such matters as discussed above.
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