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GOVERNMENT OF INDIA

MINISTRY OF HOME AFFAIRS

FOREIGNERS DIVISION (FCRA wing)

New Delhi,

Date:

Show cause notice under Section 14 of

Foreign Contribution (Regulation) Act, 2010.

Whereas, the association, Lawyers Collective (LC), Jalaram Jyot, 4th

Floor,

Janmabhiimi Marg, Fort, Mumbai, is registered under the Foreign Contribution

(Regulation) Act, 2010 vide Registration No. 083780742 dated October 23, 2000;

Whereas a complaint was received against the association that it in its mandatory

annual FC returns to MHA, the foreign contribution received from various donors was

under-reported and despite one of its main functionaries being a public servant, had

continued to accept foreign contribution for the association;

Whereas a scrutiny of records shows that the association, from the financial years

2006-07 to 2013-14, has reported the receipt of foreign contributions of Rs 28.47 crore to

MHA;

Whereas a preliminary assessment of records revealed that Lawyers Collective,

when its Secretary Ms Indira Jaising (Chief Functionary) was a public servant

employed as Additional Solicitor General (ASG) by the Govt of India, during the

financial years 2009-10 to 2011-12, received foreign contribution of Rs.11,67,37,584. As

per Section 3(1)(c) of FCRA 2010, a Government servant or employee of any corporation

or any other body controlled or owned by the Government is prohibited from receiving

foreign contribution, thereby violating Section 3(1)(c) of FCRA 2010;

Whereas it was found that Lawyers Collective operates and maintains a bank

account No. 002726024006 in HSBC Bank, Mumbai Main Branch, 4th Floor, Jalaram

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Jyot, 63 Ghogha Street, Flora Fountain. This account has received foreign contributions

amounting to Rs.30 lakh, but is not the legally designated bank account as declared by

the association to MHA, thereby violating Section 17(1) of FCRA, 2010;

Whereas Lawyers Collective has declared different amount of foreign

contributions in its FC Returns to MHA and IT Returns to CBDT during the financial

years 2009-2010, 2010-2011 and 2011-2012, in violation of Section 33 of FCRA 2010;

Whereas during financial year 2009-2010, Lawyers Collective has shown receipt

of Rs.1,40,83,248 in its FC Returns to MHA, while the same has not been shown in the

IT Returns;

Whereas during financial year 2009-10, Lawyers Collective has shown receipt of

Rs. 21,68,375 in its IT Returns, while the same has not been shown in the FC Returns to

MHA;

Whereas during financial year 2010-2011, Lawyers Collective has shown receipt

of Rs. 2,47,94,242 in its FC Returns while the same has not been shown in its IT Returns;

Whereas during financial year 2010-2011, Lawyers Collective has shown receipt

of Rs. 2,23,77,383 in its IT Returns while the same has not been shown in its FC Returns

to MHA;

Whereas during financial year 2011-2012, Lawyers Collective has shown receipt

of Rs. 2,08,54,855 in its IT Returns while the same has not been shown in its FC Returns

to MHA;

Whereas, in all, an amount of Rs. 4,54,00,613 appears to have been under-

reported by the association to the MHA authorities;

Now, therefore, in exercise of the powers conferred by Section 14 of the Foreign

Contribution (Regulation) Act, 2010 (42 of 2010), the Central Government hereby directs

the Lawyers Collective (LC), Jalaram Jyot, 4th

Floor, Janmabhumi Marg, Fort,

Mumbai, (FCRA Registration No. 083780742) to show cause within 15 days of the

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receipt of this notice as to why its FCRA registration should not be suspended/cancelled

for the violation of above sections of FCRA 2010.

This show cause notice is issued with the approval of Competent Authority.

( )

Under Secretary to the Government

To

The Secretary

Lawyers Collective ,

Jalaram Jyot,

4th

Floor, Janmabhiimi Marg,

Fort,

Mumbai

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QUESTIONNAIRE

Bank Details

1 Details of the Bank Accounts held by the Association

2 Details of the Bank Account(s) maintained exclusive for receipt of foreign contribution.

3 Whether any foreign contribution has been received in any bank account other than mentioned at

Sl.No.2

4 Whether any local contributions are credited in the account(s) mentioned at Sl.No.2

5 Xerox Copies of the statements of the Bank Account(s) in which foreign contributions were credited

and utilized for the period from the date of inception of the association till date.

6 Details of cash withdrawals made out the foreign contribution receipts during last 3 years.

Receipt and Utilization of Foreign Contribution

7 FC3 returns for the last 3 years, duly supported by receipt and payment account statement and balance

sheet exclusively for foreign contribution, duly audited by the Chartered Accountant.

8 Details of foreign contribution (FC) received, from the date of inception of the association till date in

the following format.

Sl.No

.

Date of

receipt

of FC

Name of

the foreign

donor

Amount of FC received

(directly/ by way of

transfer/as 2nd

recipient)

Bank account

in which FC

credited

Whether Prior Permission (PP) from

MHA obtained? If yes, , file no. and

date, name of the foreign donor and

amount of FC for which PP granted

(copies of the PP letters may be

enclosed)

9 Details of foreign contribution (FC) transferred, if any, to other associations from inception till date in

the following format.

Sl.No. Date of transfer of

FC

Name of the associations to

whom FC transferred

Amount of FC

transferred

Bank account from which

FC transferred

10 The details of balances of foreign contribution (FC) and local fund till date of submission of this reply

in the following format (year wise) :-

Year

Name of

Fund

Cash balance as on the date of submission of this reply

Cash in hand Cash with bank Details of each Investment

In SB A/c As CDRs/FDs

FC

Local

Fund

1. 2. 3., 4,

1. 2. 3. 4.

1., 2. 3.,4.,

1., 2. 3.,4.,

11 Details of foreign contributions received in kind.

12 The details of utilization of foreign contribution (FC) received from inception till date in the

following format (year wise) :-

Year Total amount

of FC

received

Amount spent

on welfare

activities

Amount spent of

administrative

expenses

Amount spent on

acquisition of

fixed assets

Unspent amount at the

close of each FY

Assets/investments made out of FC

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13 The complete details of fixed assets acquired out of foreign contribution viz. date of creation of

assets, location, acquisition value of each such asset as on 31.03.2015 along with Xerox copies of

their title deeds.

14 Details of the fixed assets if any acquired out of foreign contribution and transferred to other

beneficiaries for use along with the details of beneficiaries viz. name, address, relationship with

Beneficiary and basis of selection of beneficiaries for extending assistance.

15 The details of investments made out of foreign contribution, if any and held by the association as on

31.03.2015 along with Xerox copies of their title deeds held by the association.

16 A list of vehicles purchased out of foreign contribution by association with make, model, value and

Xerox copies of registration.

Other Details;

17 Details of Organizations being managed/financially supported by the Association

18 Whether any trustees/office bearers of the association are also trustee/office bearers of any other

association. If so, provide details thereof.

19 Whether any of the trustee/office bearers of the association is a Govt. Servant. If so, specify his/her

role in the association.

20 Xerox copies of the correspondence between the association and the foreign donors specifying the

purposes for which the foreign contribution was received and utilized.

21 Details of any income generation projects, if any, undertaken by the association out of foreign

contribution, along with details like income earned and expenditure incurred since inception till date.

22 The details of employees deployed by the association indicating their nationality, role assigned,

salaries paid per month/per annum and their relationship with Chief Functionary/Office bearers.

23 Details of cash payments of value Rs.20, 000/- and above made during last 3 years.

24 Details of loans given and advances made from/out of foreign contribution, since inception to till

date.

25 Details of loans taken from and repaid to the office bearers of the association since inception to till

date.

26 Details of printing material/publications being brought out and distributed by the association during

the last three years.

27 Mention the changes took place in the governing body of the association in chronological order with

names of the outgoing and incoming office bearers.

28 Details of remuneration paid to the Chief Functionary/Office Bearers for discharging associations work along with a copy of agreement executed with the donors.

29 Copies of the consolidated audited annual accounts statements for the period from (2000-01 to 2014-

15) as submitted to the Income Tax Department/Charity Commissioner/Registrar of Societies.

30 Whether the association is registered under Section 12 of I.T. Act, 1961. If yes, provide details

31 Brief note on the activities of the association together with Year wise activity/agency/purpose wise

utilization of foreign contribution during last 3 years.

32 Confirmation that the information/details furnished above is extracted from the books of accounts and

records and if required, they can present these books of accounts and records for verification.