The Ministry of Home Affairs (MHA) on Wednesday gave reasons behind the cancellation of the registration licence of the Rajiv Gandhi Foundation and Rajiv Gandhi Charitable Trust under the Foreign Contribution (Regulation) Act. Following this move, the two organisations cannot receive funds from foreign entities.
According to the ministry, the government found violation of provisions under section 11 and conditions of registration under section 12(4)(a)(vi) of the FCRA, 2010. Section 11 deals with registration of certain persons with the Central Government.
“The FCRA license of the Rajiv Gandhi Foundation (RGF) was cancelled under section 14 of the Foreign Contribution (Regulation) Act, 2010 (FCRA, 2010) due to violation of provisions under section 11 and conditions of registration under section 12(4)(a)(vi) of the FCRA, 2010,” MHA said in a reply in Parliament.
“The FCRA license of the Rajiv Gandhi Charitable Trust (RGCT) was cancelled under section 14 of the FCRA, 2010 due to violation of provisions under sections 8(1)(a), 11, 17, 18, 19 and conditions of registration under section 12(4)(a)(vi) of the FCRA, 2010,” the Home Minister said.
The ministry also said in its reply that in terms of provisions under section 14(3) of the FCRA, 2010, an association whose FCRA registration has been cancelled in terms of provision under section 14 of the FCRA, 2010 shall not be eligible for registration or grant of prior permission for a period of three years from the date of cancellation of registration.
SET UP IN 1991
The Rajiv Gandhi Foundation (RGF) was set up on June 21, 1991 to realise the vision of Rajiv Gandhi. Currently, Congress’s Sonia Gandhi is the chairperson of the Rajiv Gandhi Foundation.
An inquiry headed by additional director level officer, jointly done by income tax and home ministry officials, was initiated. Later, it was found that the organisations have illegally received funding from few foreign entities.
In 2020, when India and China had a face-off in Ladakh, Bharatiya Janata Party (BJP) chairperson JP Nadda had alleged when the Congress was in power, the Prime Minister’s relief fund was diverted to the Gandhi family’s trust.
Nadda also alleged that the RGF continuously received donations from the Chinese embassy between 2005 and 2009, from the “tax haven” of Luxembourg between 2006 and 2009 and NGOs with commercial interests.
THE LAW SAYS
According to the FCRA, the Central government may, if it is satisfied after making such inquiry as it may deem fit, by an order, cancel the certificate if the holder of the certificate has made a statement in, or in relation to, the application for the grant of registration or renewal thereof, which is incorrect or false.
Also, the Act says an inquiry can be marked if the holder of the certificate has violated any of the terms and conditions or renewal thereof and in the opinion of the Central Government, it is necessary in the public interest to cancel the certificate.
According to the sections of the Act, investigation can be initiated the holder of certificate has violated any of the provisions of this Act or rules or order made thereunder; or if the holder of the certificate has not been engaged in any reasonable activity in its chosen field for the benefit of the society for two consecutive years or has become defunct.
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