PANAJI: Bombay HC on Thursday stayed cancellation of the certificate under the Foreign Contribution (Regulation) Act of two organisations of the Archdiocese of Goa and Daman.HC also issued notices to Centre, asking home ministry to respond by Sept 10 to concerns raised by the two church bodies.“Prima facie, Clause (e) of Foreign Contribution (Regulation) Act, 2010, does not require the society to hold the certificate to receive foreign funds or to always utilise foreign funds for its activities but requires that the society is functioning and working during the period even with its other resources, in furtherance of its object,” said Justice Valmiki Menezes in his order.Centre had cancelled FCRA licences of Diocesan Society of Education and Diocesan Centre for Social Communications Media on Feb 3 on grounds that the bodies did not receive foreign funding for three consecutive financial years.Diocesan Society of Education oversees the functioning of 63 primary schools, 61 high schools, 12 higher secondary schools and two colleges across Goa, affiliated to directorate of education.Home ministry’s Foreigners Division (FCRA Wing) cancelled the licences, stating ” non-receipt and non-utilisation of foreign contribution during three consecutive financial years – FY 2021-22, FY 2022-23 and FY 2023-24″.Clause (e) of FCRA stipulates if the holder of the certificate has not been engaged in any reasonable activity in its chosen field for benefit of society for two consecutive years, or has become defunct, it would entitle authorities to cancel the FCRA certificate.Diocesan Centre for Social Communications Media had informed the ministry it had not ceased carrying out social service activities.It informed HC all its activities were carried out entirely through domestic funds, voluntary contributions and “no funds were routed through the FCRA account, as there was no foreign contribution received” due to COVID-19 and global financial disruptions.The church body argued absence of foreign contribution receipts was not attributable to inactivity. Diocesan Society of Education said it, too, did not receive foreign funding during those years.
