REGISTRATIONCentral

Section 13 of The Foreign Contribution (Regulation) Act, 2010

(1)Where the Central Government, for reasons to be recorded in writing, is satisfied that pending consideration of the question of cancelling the certificate on any of the grounds mentioned in sub-section (1) of section 14, it is necessary so to do, it may, by order in writing, suspend the certificate 1[for a period of one hundred and eighty days, or such further period, not exceeding one hundred and eighty days, as may be specified] in the order.
(2)Every person whose certificate has been suspended shall--
1. (a)not receive any foreign contribution during the period of suspension of certificate: Provided that the Central Government, on an application made by such person, if it considers appropriate, allow receipt of any foreign contribution by such person on such terms and conditions as it may specify;
2. (b)utilise, in the prescribed manner, the foreign contribution in his custody with the prior approval of the Central Government.

Summary

Reasons for suspending a certificate must be recorded in writing by the Central Government.
While suspended, a person cannot receive any new foreign contribution unless the government explicitly allows it on a special application.
Funds already in custody can only be used with the government's prior approval during the suspension.

Practical examples

1The government suspects a rural development charity has violated rules and decides to investigate. Under Section 13, it issues an order recording its reasons and suspends the charity's certificate for 180 days.

2During its 180 day suspension, a charity urgently needs to pay staff salaries using foreign funds already in its bank account. Under Section 13, it must get prior approval from the Central Government to utilize that existing money.

FAQ

1. Can the government suspend my foreign funding certificate immediately under Section 13 of The Foreign Contribution (Regulation) Act, 2010?

Yes, under Section 13 of The Foreign Contribution (Regulation) Act, 2010, if the government is satisfied it is necessary pending consideration of cancelling the certificate, it can suspend it by recording reasons in writing.

2. Can I still get foreign donations while my certificate is suspended under Section 13 of the FCRA 2010?

Generally no, but Section 13 of the FCRA 2010 allows the Central Government to permit the receipt of foreign contribution during suspension if the person makes an application and the government considers it appropriate.

Test yourself

Q1.For what initial duration can the Central Government suspend a certificate under Section 13 of The Foreign Contribution (Regulation) Act, 2010?

Q2.What must a person do to spend foreign funds they already have while their certificate is suspended under Section 13 of the foreign funding law?

Q3.Under Section 13 of the FCRA 2010, the government can suspend a certificate pending consideration of what action?

Q4.What is the absolute maximum total time a certificate can be suspended under the text of Section 13 of the foreign contribution rules?

12APreviousSection 12A Power of Central Government to require Aadhaar number, etc., as identification document.14NextSection 14 Cancellation of certificate.

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