Lok Sabha Question No. 352 (UNSTARRED), answered on 2016-07-19
Subject: Foreign Funded NGOs
Ministry: HOME AFFAIRS
Asked by: C. N. JAYADEVAN, SAUGATA ROY, RAMDAS CHANDRABHANJI TADAS

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA

## UNSTARRED QUESTION NO.352

TO BE ANSWERED ON THE 19 TH  JULY, 2016/ASHADHA 28, 1938 (SAKA)

FOREIGN FUNDED NGOs

352.   SHRI C.N. JAYADEVAN: PROF. SAUGATA ROY: SHRI RAMDAS C. TADAS:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a)  whether  the  Government  has  recently  cancelled  the  licences  of  some Non-Governmental Organisations (NGOs) receiving foreign funds under the Foreign Contributions Regulation Act (FCRA) for their involvement in illegal activities and posing threat to the sovereignty and unity of the country;
- (b) if so, the details of FCRA registrations cancelled during each of the last three  years  and  the  current  year,  Statewise  including  Teesta  Setalvad's NGO Sabrang Trust;
- (c) whether allegations of pick and chose policy in cancellation of FCRA registration have been reported, if so, the details thereof and the reaction of the Government thereto;
- (d) whether it is a fact that the United Nations human rights experts have expressed displeasure over the cancellation of FCRA registrations and have also urged India to repeal the FCRA as the law was increasingly obstructing civil society's access to foreign funding; and
- (e)  if  so,  the  details  thereof  and  the  reaction  of  the  Government  in  this regard?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI KIREN RIJIJU)

- (a)  & (b): Yes Madam, Government has cancelled the FCRA registration of NGOs based on the violation of provisions of FCRA, 2010.  Details of FCRA registration  cancelled  during  the  last  three  years  and  the  current year, state-wise  including  Teesta  Setalvad's  NGO  Sabrang  Trust  is  given  in  the annexure.

(c):  Government has taken action only in those cases where violations of FCRA have come to notice, specifically if they are reported.

(d)  &  (e):      Ministry  of  External  Affairs  has  communicated  a  write  up containing certain views of UN Human rights experts on FCRA provisions. The  Government  is  also  aware  about  the  one  sided  and  biased  views expressed by certain persons / associations regarding the cancellation of FCRA  Registration.    Ministry  of  Home  Affairs  has  clarified  the  position against  these  one  sided  views  earlier.    The  Ministry  of  Home  Affairs  is mandated  to  administer  the  Foreign  Contribution  (Regulation)  Act,  2010 (FCRA 2010), for regulating the receipt and utilization of foreign contribution by  the  associations.    As  and  when  reports  are  received  against  any association for alleged violation of the Act, action is initiated against the alleged  violators  after  following  due  process  as  prescribed  in  the  FCRA, 2010 and FCRR, 2011. Reasonable opportunities like furnishing of information  to  a  standard  questionnaire,  inspection  of  records,  issuing  a show-cause  notice,  personal  appearances,  if  required,  are  given  to  the associations before taking a final decision regarding cancellation of FCRA registration.    The  cancellation  order  etc.  are  also  subject  to  judicial scrutiny.    Further,  for  maintaining  transparency  all  orders,  Notifications etc.,  are  placed on website  www.fcraonline.nic.in of the Ministry of Home Affairs.

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## LS.US.Q.NO.352 FOR 19.07.2016

## ANNEXURE

## State  wise  number  of  associations  whose  FCRA  registration cancelled during 2012

| Sl. No.   | State              |   Number of NGOs |
|-----------|--------------------|------------------|
| 1         | Andhra Pradesh     |              670 |
| 2         | Arunachal Pradesh  |                6 |
| 3         | Assam              |                4 |
| 4         | Bihar              |               20 |
| 5         | Chandigarh         |                6 |
| 6         | Chhattisgarh       |                7 |
| 7         | Dadar Nagar Haweli |                1 |
| 8         | Delhi              |              299 |
| 9         | Goa                |               10 |
| 10        | Gujarat            |              158 |
| 11        | Haryana            |               21 |
| 12        | Himachal Pradesh   |               23 |
| 13        | Jammu & Kashmir    |                5 |
| 14        | Jharkhand          |                9 |
| 15        | Karnataka          |              296 |
| 16        | Kerala             |              450 |
| 17        | Madhya Pradesh     |               92 |
| 18        | Maharashtra        |              352 |
| 19        | Manipur            |              128 |
| 20        | Meghalaya          |                9 |
| 21        | Mizsoram           |                2 |
| 22        | Nagaland           |               35 |
| 23        | Orissa             |              160 |
| 24        | Pondicherry        |                6 |
| 25        | Punjab             |                7 |
| 26        | Rajasthan          |              110 |
| 27        | Tamil Nadu         |              794 |
| 28        | Uttar Pradesh      |               72 |
| 29        | Uttaranchal        |                2 |
| 30        | West Bengal        |              384 |
| Total     |                    |             4138 |

## LS.US.Q.NO.352 FOR 19.07.2016 Annexure

State  wise  number  of  associations  whose  FCRA  registration cancelled during 2013.

| State/U.T     |   No of Association |
|---------------|---------------------|
| Delhi         |                   1 |
| Haryana       |                   1 |
| Kerala        |                   1 |
| Uttar Pradesh |                   1 |
| Grand Total   |                   4 |

## LS.US.Q.NO.352 FOR 19.07.2016 Annexure

State  wise  number  of  associations  whose  FCRA  registration cancelled during 2014.

| State/U.T                 |    |
|---------------------------|----|
| Andaman & Nicobar Islands |  2 |
| Andhra Pradesh            |  5 |
| Assam                     |  1 |
| Bihar                     |  5 |
| Chandigarh                |  2 |
| Chhattisgarh              |  1 |
| Delhi                     | 13 |
| Gujarat                   |  2 |
| Himachal Pradesh          |  2 |
| Jharkhand                 |  2 |
| Karnataka                 |  1 |
| Kerala                    |  2 |
| Madhya Pradesh            |  1 |
| Maharashtra               |  2 |
| Meghalaya                 |  1 |
| Nagaland                  |  1 |
| Orissa                    |  3 |
| Punjab                    |  1 |
| Rajasthan                 |  1 |
| Tamil Nadu                |  5 |
| Telangana                 |  5 |
| Uttarakhand               |  1 |
| Grand Total               | 59 |

## LS.US.Q.NO.352 FOR 19.07.2016 Annexure

State  wise  number  of  associations  whose  FCRA  registration cancelled during 2015.

| State/U.T                 |   No of Association |
|---------------------------|---------------------|
| Andaman & Nicobar Islands |                   6 |
| Andhra Pradesh            |                 945 |
| Arunachal Pradesh         |                  27 |
| Assam                     |                 126 |
| Bihar                     |                 633 |
| Chandigarh                |                  12 |
| Chhattisgarh              |                  34 |
| Daman and Diu             |                   1 |
| Delhi                     |                 382 |
| Goa                       |                  46 |
| Gujarat                   |                 361 |
| Haryana                   |                  75 |
| Himachal Pradesh          |                  44 |
| Jammu & Kashmir           |                  36 |
| Jharkhand                 |                 113 |
| Karnataka                 |                 804 |
| Kerala                    |                 527 |
| Madhya Pradesh            |                 159 |
| Maharashtra               |                 964 |
| Manipur                   |                 289 |
| Meghalaya                 |                  32 |
| Mizoram                   |                  15 |
| Nagaland                  |                  55 |
| Orissa                    |                 627 |
| Pondicherry               |                  14 |
| Punjab                    |                  67 |
| Rajasthan                 |                 148 |
| Sikkim                    |                  10 |
| Tamil Nadu                |                1062 |
| Tripura                   |                  14 |
| Telangana                 |                 465 |
| Uttar Pradesh             |                1144 |
| Uttarakhand               |                  47 |
| West Bengal               |                 736 |
| Grand Total               |               10020 |

LS.US.Q.NO.352 FOR 19.07.2016 Annexure State  wise  number  of  associations  whose  FCRA  registration cancelled during 2016

| State/UT    |   No. of Associations |
|-------------|-----------------------|
| Maharashtra |                    01 |

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