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MHA Implements Stricter FCRA Rules for NGOs Receiving Foreign Donations

MHA Tightens Rules For NGOs Receiving Foreign Funds, With Focus On Publication Activities

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MHA Tightens Rules For NGOs Receiving Foreign Funds, With Focus On Publication Activities
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Description

The Ministry of Home Affairs (MHA) has introduced stricter guidelines for non-governmental organisations (NGOs) that receive foreign donations, particularly those involved in publishing-related activities. These updates are designed to improve transparency, accountability, and compliance with both national financial laws and global standards.

Major Regulatory Updates

The revised guidelines, issued under the Foreign Contribution (Regulation) Act (FCRA), mandate NGOs to submit comprehensive documentation when applying for registration or renewal. Key requirements include:

  • Audited financial reports covering the last three years.

  • Detailed breakdowns of assets, liabilities, income, expenditures, receipts, and payments.

New Documentation Criteria

If an NGO’s financial records lack a breakdown of activity-wise expenses, a certificate from a chartered accountant is now mandatory. For organisations involved in publications, additional steps are required:

  • An undertaking of FCRA compliance specific to publishing.

  • A declaration stating that the publication is “Not a Newspaper”, in case it is listed with the Registrar of Newspapers for India (RNI).

Alignment With FATF Recommendations

To align with the Financial Action Task Force (FATF) the global watchdog for anti-money laundering and counter-terrorism financing NGOs must submit a donor commitment letter. This letter must affirm that the pledged foreign donation matches the actual amount transferred.

Cap On Administrative Expenses

The updated rules limit administrative expenses to a maximum of 20% of the total foreign contribution received. This is intended to ensure that the majority of funds are directed towards social, cultural, educational, religious, or economic programmes, rather than overheads.

Strict Compliance And Possible Penalties

All NGOs must be registered or granted prior permission by the MHA before accepting any foreign donations. Non-compliance may result in penalties, including suspension or cancellation of the NGO’s FCRA registration.

Restrictions On Publishing Activities

NGOs involved in publishing newsletters or periodicals are now under closer scrutiny. The MHA has restricted such content unless the organisation fully complies with the revised FCRA norms. This is part of a broader strategy to prevent the misuse of foreign funds under the guise of informational or editorial activities.

Broader Impact And Objectives

These regulatory updates signify the government's continued push for greater oversight in the NGO sector, particularly to ensure that foreign contributions are used exclusively for their intended purposes. The move also strengthens India’s position in adhering to international standards on financial transparency.


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