IIT-Delhi: Institutions set up by Act of Parliament exempt from filing returns

THE INDIAN Institute of Technology (IIT), Delhi, clarified on Friday that all higher education institutions set up by an Act of Parliament are exempt from filing annual statement of returns on foreign contributions. The clarification came against the backdrop of the Ministry of Home Affairs (MHA) barring several hundred organisations, including prominent educational institutions such as Jawaharlal Nehru University (JNU), Delhi University (DU), IIT-Delhi and the Indian Council of Agricultural Research (ICAR), from receiving foreign funds.

MHA had cancelled their registration under the Foreign Contribution Regulation Act, 2010 (FCRA) as they reportedly failed to file their annual returns for the past five years. No organisation or institution is allowed to receive funds from abroad unless it is registered under FCRA. It is mandatory for such organisations to submit their annual income and expenditure statements to the government.

Reacting to news reports on MHA’s move to cancel FCRA licenses, IIT Delhi’s statement issued on Friday read, “As you are aware that the Statutory Bodies created or established under the Central or State Act requiring to have their accounts compulsorily audited by the Comptroller and Auditor General of India, is exempted from the operation of the provisions of the FCRA Act, 2010. This is applicable U/s (under section) 50 of the said Act.”

IIT-Delhi further said that for the sake of being on the better side it was still filing returns. “It is also to mention that on above aspect, there has been no information or notice about non filing of return or any other compliance pending. It is evident from the website, that names in large number reflected are mostly of societies, NGO and trust,” the statement read.