FCRA Prior Permission explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
An organisation that is not registered under the Foreign Contribution (Regulation) Act, 2010 may still receive foreign contribution, but only after the Central Government gives prior permission for a specific purpose, from a specific source. This post sets out the legal route: section 11(2), section 12, rule 9(2) and 9A, and Form FC-3B.
This article is as per the Foreign Contribution (Regulation) Act, 2010 read with the Amendment Act, 2020, and the Foreign Contribution (Regulation) Rules, 2011 as amended by the notifications named in this article: G.S.R. 695(E) of 10 November 2020, G.S.R. 506(E) of 1 July 2022 and S.O. 3272(E) of 22 June 2026, the latest consulted. Later amendments, notifications and Ministry of Home Affairs orders should be checked. For the surrounding registrations of a one-off project body, see our 12A, 80G and CSR registration service.
A person with a definite programme who is not registered may accept foreign contribution only after prior permission, valid for the specific purpose and source (section 11(2)) and, under section 12(6), for the specific purpose or amount. The application is made in electronic form in Form FC-3B with a Proforma 'AA' affidavit of each key functionary, an FCRA Account, and a specific commitment letter from the donor. The fee is rupees five thousand only. Over rupees one crore, receipt may be allowed in instalments.
The legal basis: sections 11(2) and 12
Section 11(2) says an unregistered person may accept foreign contribution "only after obtaining the prior permission of the Central Government", and that permission "shall be valid for the specific purpose for which it is obtained and from the specific source". Section 12 then applies to prior permission as it does to registration:
- the application is in the prescribed form and manner with the prescribed fee (12(1));
- the applicant must open an "FCRA Account" and mention its details (12(1A));
- a defective application is rejected by order (12(2));
- the Government may ordinarily within ninety days give prior permission if the conditions in 12(4) are met, and must communicate reasons if it does not within that period (12(3));
- for prior permission the specific condition is clause (c) of 12(4): the applicant "has prepared a reasonable project for the benefit of the society for which the foreign contribution is proposed to be utilised";
- a refusal is recorded with reasons (12(5));
- prior permission is valid for the specific purpose or specific amount proposed to be received (12(6)).
The conditions about the applicant's record, the persons running it and the public interests in clauses (a), (d), (e), (f) and (g) of section 12(4) apply as they do to registration. A person whose certificate stands suspended on the date of application is ineligible. See the article on section 11 and the article on section 12.
Since 2020, section 11(2) also has a first proviso under which the Government, after a summary inquiry and on information or a report, may direct a prior-permission holder not to use the unutilised amount or receive more without its approval, pending further inquiry. Section 12A lets it require Aadhaar numbers, or a passport or OCI card copy for a foreigner, of all office bearers, Directors or other key functionaries.
Rule 9: Form FC-3B and the conditions
Rule 9(1)(a) requires an application for prior permission under section 11(2) to be made in electronic form in Form FC-3B, with an affidavit of each key functionary in Proforma 'AA'. The conditions in rule 9(2), as they stand:
| Clause | Requirement |
|---|---|
| (d) | The applicant shall have an FCRA Account |
| (e) | Any utilisation accounts opened are intimated in electronic form in Form FC-6D to the Secretary, Ministry of Home Affairs, within forty five days of opening |
| (f)(i) | A specific commitment letter from the donor, indicating the amount of foreign contribution and the purpose for which it is proposed to be given |
| (f)(ii) | Where the Indian recipient and the foreign donor organisation have common members: the chief functionary of the recipient shall not be part of the donor organisation; seventy-five per cent. of the recipient's key functionaries shall not be members or employees of the donor organisation; where the donor is a single individual, that individual shall not be a key functionary of the recipient; and where there is a single foreign donor, seventy-five per cent. of the recipient's key functionaries shall not be family members or close relatives of the donor |
Clause (f) applies to a person seeking prior permission "for receipt of specific amount from a specific donor for carrying out specific activities or projects". The Rules do not say how the seventy-five per cent. is to be proved. Clauses (a), (b) and (c) of sub-rule (2) appear in the consolidation consulted as omitted in 2015, and the application now runs under rule 9(1)(a).
Slip to note. Clause (d) in both sub-rules (1) and (2) says an application "under clause (a) of sub-rule (1)", including the prior permission application; it is quoted as printed.
Fee, re-application and instalments
The fee is rupees five thousand only, paid through the payment gateway specified by the Central Government (rule 9(4)(a)). No second application for registration or prior permission is to be made within six months after submitting an application for prior permission for the same project or for registration (rule 9(3), as the consolidation consulted prints it).
Under rule 9A, if the value of foreign contribution on the date of final disposal of the application is over rupees one crore, the Central Government may permit receipt in such instalments as it deems fit. An association seeking the second or any later instalment applies in Form FC-3BB, and the instalment is released only after utilisation of seventy-five per cent. of the contribution received in the previous instalment and after field inquiry of the utilisation (S.O. 3272(E)). See the article on rules 9 and 9A.
Explanation 1 after rule 9(5) says an association whose key functionaries include foreign nationals other than those of Indian origin shall ordinarily not be considered eligible; no order specifying cases is described here.
Form FC-3B
Form FC-3B is marked "(See clause (a) of sub-rule (1) of rule 9)" and addressed to the Secretary, Ministry of Home Affairs, Foreigners Division (FCRA Wing). Its first items run parallel to Form FC-3A (applicant details, registration details, nature, aims and objects, key functionaries, the fee, disclosures and "FCRA Account" details), followed by item 12 on the commitment of foreign contribution from the donor and item 13 on the foreign source, including nationality and passport number for an individual donor. The chief functionary signs the Declaration and Undertaking with the seal, and Proforma 'AA' affidavits go with it. The Form's Note (as amended in 2025) lists the enclosures, including the donor's commitment letter matching the amount in the Form and a project report with a declaration that administrative expenses shall not exceed twenty per cent. of the foreign contribution; a 2026 entry adds three questions on government establishment, ownership and audit by the Comptroller and Auditor General. The Form is submitted in electronic form, as the rule states. See the article on Forms FC-3A, FC-3B, FC-3BB and FC-3C. For Proforma 'AA', our affidavit and declaration drafting service prepares one for each key functionary.
Need help with a prior permission case?
A one-time grant needs a commitment letter that matches the project, and a clear picture of any common members between donor and recipient. Describe the grant to our legal consultation team and bring the donor's letter, the project note and the list of key functionaries.
Key takeaways
- Prior permission is for an unregistered person, valid for the specific purpose and source, and for the specific purpose or amount (sections 11(2) and 12(6)).
- Apply in electronic form in Form FC-3B with a Proforma 'AA' affidavit of each key functionary, an FCRA Account and the donor's commitment letter.
- The fee is rupees five thousand only; no second application within six months.
- Over rupees one crore, instalments may be permitted; later instalments need Form FC-3BB and seventy-five per cent. utilisation.
Read next
- Rule 9: fees, second application and foreign nationals as key functionaries
- Section 17: the FCRA Account
- Section 12A: Aadhaar, passport or OCI card
- Rule 9: application for registration, conditions and scope
Disclaimer: Based on the Foreign Contribution (Regulation) Act, 2010 as enacted, read with the Amendment Act, 2020 and the other amendments named in this article, and on the Foreign Contribution (Regulation) Rules, 2011 as amended by the notifications named (latest consulted: S.O. 3272(E) dated 22 June 2026), as consulted on 2 October 2026. No consolidated official text was available; some provisions rest on a third-party copy and are identified as such. Later amendments, notifications and Ministry of Home Affairs orders should be checked. This article is general information, not legal advice; check the official text before acting.