Section 11 FCRA 2010: Registration and Prior Permission
Section 11 of the Foreign Contribution (Regulation) Act, 2010 lays down the basic legal requirement for a person having a definite cultural, economic, educational, religious or social programme to obtain FCRA registration, or where applicable prior permission, before accepting foreign contribution.
Updated: 27 September 2026
Meaning and scope of Section 11
Section 11 is the gateway provision governing acceptance of foreign contribution by persons carrying a definite cultural, economic, educational, religious or social programme. The general rule is that foreign contribution cannot be accepted unless the person has obtained a certificate of registration from the Central Government. A person who is not registered may accept foreign contribution only after obtaining prior permission, subject to the Act and the conditions of that permission.
The expression foreign contribution is defined in Section 2 of the FCRA. Section 11 should therefore be read with the definitions in Section 2, the eligibility and grant provisions in Section 12, the FCRA Rules, 2011, and other applicable provisions of the Act.
Section 11: Registration of certain persons with Central Government
Section 11(1). Save as otherwise provided in this Act, no person having a definite cultural, economic, educational, religious or social programme shall accept foreign contribution unless such person obtains a certificate of registration from the Central Government.
Proviso. Any association registered with the Central Government under section 6, or granted prior permission under that section, of the Foreign Contribution (Regulation) Act, 1976, as it stood immediately before commencement of the 2010 Act, was deemed to have been registered or granted prior permission under the 2010 Act. The transitional registration referred to in the proviso was valid for five years from the date Section 11 came into force.
Section 11(2). A person referred to in sub-section (1), if not registered with the Central Government, may accept foreign contribution only after obtaining prior permission of the Central Government. Such prior permission is valid for the specific purpose for which it is obtained and from the specific source.
Further proviso. Where a person referred to in sub-sections (1) and (2) has been found guilty of violation of any provision of the 2010 Act or the Foreign Contribution (Regulation) Act, 1976, the unutilised or unreceived foreign contribution cannot be utilised or received, as the case may be, without prior approval of the Central Government.
Section 11(3). Notwithstanding anything contained in the Act, the Central Government may, by notification in the Official Gazette, specify: (i) a person or class of persons who must obtain prior permission before accepting foreign contribution; (ii) an area or areas where foreign contribution may be accepted and utilised only with prior permission; (iii) a purpose or purposes for which foreign contribution may be utilised only with prior permission; or (iv) a source or sources from which foreign contribution may be accepted only with prior permission.
Registration under Section 11(1)
Registration is the continuing statutory route for an eligible person or association that proposes to receive foreign contribution for its permitted programme. Section 11 creates the requirement to obtain registration; Section 12 governs the grant of the certificate and contains the statutory conditions considered by the Central Government.
- The applicant must fall within the class contemplated by Section 11 and must satisfy the applicable requirements of the Act and Rules.
- A certificate is not a general exemption from the FCRA. Receipt and utilisation of foreign contribution remain subject to the Act, Rules, conditions of registration and applicable notifications.
- Registration applications are presently made online in Form FC-3A through the Ministry of Home Affairs FCRA portal.
Prior permission under Section 11(2)
Prior permission is the alternative statutory route where the person is not registered. Unlike general registration, Section 11(2) expressly links prior permission to the specific purpose for which it is granted and the specific source from which the foreign contribution is to be received.
Applications for prior permission are presently made online in Form FC-3B. Applicants should verify the current form, supporting-document requirements and portal instructions before filing because the FCRA Rules and prescribed forms have been amended from time to time.
Power of the Central Government under Section 11(3)
Sub-section (3) begins with a non-obstante clause. It enables the Central Government, through an Official Gazette notification, to require prior permission with reference to specified persons or classes of persons, geographical areas, purposes, or sources. Accordingly, compliance is not determined only by whether an association otherwise holds registration; relevant notifications under the Act must also be checked.
Current FCRA registration and prior-permission process
The Ministry of Home Affairs administers FCRA services through its official online portal. Current official guidance identifies Form FC-3A for registration and Form FC-3B for prior permission. The application and supporting documents are submitted online. Current compliance requirements also interact with provisions concerning the designated FCRA bank account and identification particulars of office bearers or key functionaries.
2026 form update: The Foreign Contribution (Regulation) Amendment Rules notified in June 2026 amended prescribed forms including FC-3A and FC-3B. Applicants should therefore use the current online form and instructions displayed on the official FCRA portal rather than relying on an older saved form or checklist.
For an application, also review Section 12 - Grant of certificate of registration, because Section 12 contains the substantive conditions relevant to grant of registration or prior permission.
Related FCRA provisions
Section 11 operates as part of the wider regulatory scheme. Depending on the facts, relevant provisions include Section 7 on transfer of foreign contribution, Section 8 on administrative expenses, Section 9 on Central Government restrictions, Section 13 on suspension, and Section 14 on cancellation.
