New Regulations for NGOs: What You Need to Know About Foreign Fund Management
Government Updates Rules for Foreign Fund Reception by NGOs
New Delhi: The Indian government has revised regulations concerning the receipt of foreign funds by non-governmental organizations (NGOs). The new rules mandate that NGOs select from a predefined list of purposes and operational areas, permitting various faith-based activities while explicitly prohibiting proselytization in several categories eligible for registration under the Foreign Contribution Regulation Act (FCRA).
In a gazette notification released on Monday, the Union Home Ministry stated that any organization with foreign nationals, excluding those of Indian origin, in key roles will typically not be eligible for registration or prior permission to receive foreign funds under the Act.
However, the amended rules allow the central government to specify circumstances under which foreign nationals may serve as key functionaries for registration or prior permission under the FCRA.
The government has introduced several amendments to the FCRA rules of 2011, enhancing accountability regarding how NGOs in India manage foreign contributions.
The definition of 'key functionary' has been expanded to include various roles such as company directors, firm partners, trustees, the 'Karta' of a Hindu Undivided Family, and anyone with management control over the association.
A new clause requires NGOs seeking registration for foreign funds to clearly state their intended purpose and the specific state or Union Territory where they will operate.
"Every registration application must specify the purpose or purposes for which it is sought, chosen from a list of purposes outlined in the Schedule attached to these rules, along with the states or Union territories where the activities will take place," the notification indicated.
The details will be included on the certificate issued to the NGO.
Applications must now select their activities from a provided 'Schedule' that encompasses religious, cultural, economic, educational, and social purposes.
Under religious purposes, activities such as the construction, renovation, and maintenance of religious sites, religious education, and the promotion of devotional music are included.
The rules stipulate that three specific purposes—religious education, documentation of faith traditions, and preservation of indigenous beliefs—must be conducted without proselytization.
This condition also applies to the documentation, preservation, and revival of indigenous and tribal faith practices, rituals, and worship systems, as well as conducting religious education, moral instruction, satsangs, discourses, and meditation retreats.
Associations registered before 2026 are given one year to inform the government of their specific purposes and states they wish to maintain in their registration.
Additionally, the amended rules introduce a fee structure, charging an extra Rs 300 for each additional state or purpose added to the application.
To prevent inactive NGOs from retaining licenses, the government has set a minimum spending requirement of Rs 10 lakh of foreign contributions on chosen activities over the past two financial years.
For an NGO to renew its registration or avoid cancellation, it must demonstrate that it has spent the required amount of foreign contributions on its selected activities over the last two years.
For NGOs receiving foreign funds for specific purposes under 'Prior Permission', subsequent installments will only be released after at least 75% of the previous installment has been utilized, as stated in the notification.
The government will conduct field inquiries to verify the utilization of funds.
NGOs receiving foreign funds are now required to include details of their social media accounts in their registration or renewal applications under the FCRA.
If funds are received through 'intermediary remittance vehicles' or 'Donor Advised Funds', the NGO must disclose the ultimate donor in their applications.
Annual returns must now feature a 'detailed activity report' alongside financial statements, according to the new rules.
NGOs must also declare if any books or articles have been published by them or their key functionaries, as they are prohibited from producing or broadcasting 'news or current affairs'.