7/30/2019 Letter to FCRA Dept - INSAF response

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May14, 2013

Mr. Ashutosh Kumar SinhaDirector to the Govt. of IndiaForeigners Division (FCRA Wing)Ministry of Home AffairsGovernment of IndiaNew Delhi

Sub: Re- F.No.II/21022/58(034)2013-FC(MU)

Dear Mr. Sinha,

We are in receipt of your above captioned letter dated May 2, 2013. Your letterinforms us that the foreign contribution received by our association is beingexamined by your office. However, no reasons are mentioned in your letter to explainwhy the need was felt to initiate such an examination. While we assure you ourfullest co-operation in any such examination, we also want to point out that you

above captioned letter together with your Order dated April 30, 2013F.No.II/21022/58(034)2013-FCRA (MU) suspending our organizations permanentregistration for a period of 180 days pending consideration of whether our certificateshould be cancelled, are legally unsustainable as they have been issued in grossviolation of principles of natural justice.

Section 13 of the Foreign Contribution (Regulation) Act, 2010 requires a written,reasoned and speaking order of suspension. Yet no reasons recorded in writing asrequired by the Act, have been given to us. The suspension order reproducesground (c) of Section 14 (1), offering public interest, as a reason for suspension ofregistration under Section 13 (1). This does not meet the requirement of for reasons

to be recorded in writing incorporated under Section 13 (1).

We shall pursue our legal remedies against your suspension order and enquiry, andany co-operation with the said examination during the suspension of our registrationshall be without prejudice to our legal rights in this respect.

You letter further directs that the requested information be sent to your office within15 days of receipt of this letter failing which necessary action will be initiated underthe provisions of FCRA, 2010.

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7/30/2019 Letter to FCRA Dept - INSAF response

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In view of the exigencies arising from the suspension of our FCRA registration andfreezing of our accounts, we need more time to collate and furnish this information.Furthermore, our Finance Officer is not keeping well and has to regularly visit thedoctor. Accordingly, we request you to extend the time for furnishing the same byanother 4 weeks to June 17, 2013. You will appreciate that the FCRA, 2010 or the

FCRR, 2011 provide no such timeline. Therefore, it is not reasonable for you tothreaten action under the FCRA, 2010 contingent upon an arbitrarily fixedunreasonably short dead-line.

Further, most of the information sought in the questionnaire attached to the abovecaptioned letter is already in your possession. It will be appreciated if only thosespecific details are asked which are not in your possession.

Thanking you

Yours Sincerely

Chitranjan SinghGeneral Secretary

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