law: Foreign Contribution (Regulation) Act, 2010
  12. Grant of
  
  certificate of registration.-
  1.  
  
    An
  
  application by a person, referred to in section 11 for grant of certificate or
  
  giving prior permission, shall be made to the Central Government in such form
  
  and manner and along with such fee, as may be prescribed.
  2.  On
  
  receipt of an application under sub-section (1), the Central Government shall,
  
  by an order, if the application is not in the prescribed form or does not
  
  contain any of the particulars specified in that form, reject the application.
  3.  If
  
  on receipt of an application for grant of certificate or giving prior
  
  permission and after making such inquiry as the Central Government deems fit,
  
  it is of the opinion that the conditions specified in sub-section (4) are
  
  satisfied, it may, ordinarily within ninety days from the date of receipt of
  
  application under sub-section (1), register such person and grant him a
  
  certificate or give him prior permission, as the case may be, subject to such
  
  terms and conditions as may be prescribed:
  Provided that in case the Central Government
  
  does not grant, within the said period of ninety days, a certificate or give
  
  prior permission, it shall communicate the reasons therefor to the applicant:
  Provided further that a person shall not be
  
  eligible for grant of certificate or giving prior permission, if his
  
  certificate has been suspended and such suspension of certificate continues on
  
  the date of making application.
  1.  
  
  
  2.  
  
  
  3.  
  
  
  4.  
  
    The
  
  following shall be the conditions for the purposes of sub-section (3),
  
  namely:--
  a.  
  
    the
  
  person making an application for registration or grant of prior permission
  
  under sub-section (1),--
   
  
   i.  
  
    is
  
  not fititious or benami;
   
  
   ii.  
  
    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 another;
   
  
   iii.  
  
    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 funds;
   
  
   v.  
  
    is
  
  not engaged or likely to engage in propagation of sedition or advocate violent
  
  methods to achieve its ends;
   
  
   vi.  
  
    is
  
  not likely to use the foreign contribution for personal gains or divert it for
  
  undesirable purposes;
   
  
   vii.  
  
    has
  
  not contravened any of the provisions of this Act;
   
  
   viii.  
  
    has
  
  not been prohibited from accepting foreign contribution;
  a.  
  b.  
  
    the
  
  person making an application for registration under sub-section (1) has
  
  undertaken reasonable activity in its chosen filed for the benefit of the
  
  society for which the foreign contribution is proposed to be utilised;
  c.  
  
    the
  
  person making an application for giving prior permission under sub-section (1)
  
  has prepared a reasonable project for the benefit of the society for which the
  
  foreign contribution is proposed to be utilised;
  d.  
  
    in
  
  case 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
  
  pending against him;
  e.  
  
    in
  
  case 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 person referred to in sub-section (1)
  
  is not likely to affect prejudicially--
   
  
   i.  
  
    the
  
  sovereignty and integrity of India; or
   
  
   ii.  
  
    the
  
  security, strategic, scientific or economic interest of the State; or
   
  
   iii.  
  
    the
  
  public interest; or
   
  
   iv.  
  
    freedom
  
  or fairness of election to any Legislature; or
   
  
   v.  
  
    friendly
  
  relation with any foreign State; or
   
  
   vi.  
  
    harmony
  
  between religious, racial, social, linguistic, regional groups, castes or
  
  communities;
  a.  
  b.  
  c.  
  d.  
  e.  
  f.  
  g.  
  
    the
  
  acceptance of foreign contribution referred to in sub-section (1),--
   
  
   i.  
  
    shall
  
  not lead to incitement of an offence;
   
  
   ii.  
  
    shall
  
  not endanger the life or physical safety of any person.
  1.  
  
  
  2.  
  
  
  3.  
  
  
  4.  
  
  
  5.  Where
  
  the Central Government refuses the grant of certificate or does not give prior
  
  permission, it shall record in its order the reasons therefor and furnish a
  
  copy thereof to the applicant:
  Provided that the Central Government may not
  
  communicate the reasons for refusal for grant of certificate or for not giving
  
  prior permission to the applicant under this section in cases where is no
  
  obligation to give any information or documents or records or papers under the
  
  Right to Information Act, 2005.
  1.  
  
  
  2.  
  
  
  3.  
  
  
  4.  
  
  
  5.  
  
  
  6.  
  
    The
  
  certificate granted under sub-section (3) shall be valid for a period of five
  
  years and the prior permission shall be valid for the specific purpose or
  
  specific amount of foreign contribution proposed to be received, as the case
  
  may be.