SectionsParticulars
1Preamble
An Act to consolidate the law to regulate the acceptance and utilisation of foreign contribution or foreign hospitality by certain individuals or associations...
Chapter IPreliminary
1Short title, extent, application and commencement
Chapter I: Preliminary1. Short title, extent, application and commencement. – 1.     This Act may be called the Foreign Contribution (Regulation) Act, 2010....
2Definitions
1.     In this Act, unless the context otherwise requires,--a.     "association" means an association of individuals, whether incorporated or not, having an ...
Chapter IIRegulation of Foreign Contribution and Foreign Hospitality
3Prohibition to accept foreign contribution
Chapter II: Regulation of Foreign Contribution and Foreign Hospitality3. Prohibition to accept foreign contribution. – 1.     No foreign contribution shall ...
4Persons to whom section 3 shall not apply
4. Persons to whom section 3 shall not apply. - Nothing contained in section 3 shall apply to the acceptance, by any person specified in that section, of any...
5Procedure to notify an organisation of a political nature
5. Procedure to notify an organisation of a political nature. – 1.     The Central Government may, having regard to the activities of the organisation or th...
6Restriction on acceptance of foreign hospitality
6. Restriction on acceptance of foreign hospitality. - No member of a Legislature or office-bearer of a political party or Judge or Government servant or emp...
7Prohibition to transfer foreign contribution to other person
7. Prohibition to transfer foreign contribution to other person. – No person who --a.     is registered and granted a certificate or has obtained prior permi...
8Restriction to utilise foreign contribution for administrative purpose
8. Restriction to utilise foreign contribution for administrative purpose. – 1.     Every person, who is registered and granted a certificate or given prior ...
9Power of Central Government to prohibit receipt of foreign contribution, etc., in certain cases
9. Power of Central Government to prohibit receipt of foreign contribution, etc., in certain cases. – The Central Government may—a.     prohibit any person...
10Power to prohibit payment of currency received in contravention of the Act
10. Power to prohibit payment of currency received in contravention of the Act. – Where the Central Government is satisfied, after making such inquiry as it m...
Chapter IIIRegistration
11Registration of certain persons with Central Government
Chapter III: Registration11. Registration of certain persons with Central Government. – 1.     Save as otherwise provided in this Act, no person having a de...
12Grant of certificate of registration
12. Grant of certificate of registration. – 1.     An application by a person, referred to in section 11 for grant of certificate or giving prior permission...
13Suspension of certificate
13. Suspension of certificate. – 1.     Where the Central Government, for reasons to be recorded in writing, is satisfied that pending consideration of the ...
14Cancellation of certificate
14. Cancellation of certificate. – 1.     The Central Government may, if it is satisfied after making such inquiry as it may deem fit, by an order, cancel t...
15Management of foreign contribution of person whose certificate has been cancelled
15. Management of foreign contribution of person whose certificate has been cancelled. – 1.     The foreign contribution and assets created out of the foreig...
16Renewal of certificate
16. Renewal of certificate. – 1.     Every person who has been granted a certificate under section 12 shall have such certificate renewed within six months ...
Chapter IVAccounts, Intimation, Audit and Disposal of Assets, Etc.
17Foreign contribution through scheduled bank
Chapter IV: Accounts, Intimation, Audit and Disposal of Assets, Etc.17. Foreign contribution through scheduled bank. – 1.     Every person who has been gran...
18Intimation
18. Intimation. – 1.     Every person who has been granted a certificate or given prior approval under this Act shall give, within such time and in such mann...
19Maintenance of accounts
19. Maintenance of accounts. – Every person who has been granted a certificate or given prior approval under this Act shall maintain, in such form and manner...
20Audit of accounts
20. Audit of accounts. – Where any person who has been granted a certificate or given prior permission, fails to furnish any intimation under this Act within...
21Intimation by candidate for election
21. Intimation by candidate for election. – Every candidate for election, who had received any foreign contribution, at any time within one hundred and eight...
22Disposal of assets created out of foreign contribution
22. Disposal of assets created out of foreign contribution. – Where any person who was permitted to accept foreign contribution under this Act, ceases to exis...
Chapter VInspection, Search and Seizure
23Inspection of accounts or records
Chapter V: Inspection, Search and Seizure23. Inspection of accounts or records. – If the Central Government has, for any reason, to be recorded in writing, a...
24Seizure of accounts or records
24. Seizure of accounts or records.- If, after inspection of an account or record referred to in section 23, the inspecting officer has any reasonable cause ...
25Seizure of article or currency or security received in contravention of the Act
25. Seizure of article or currency or security received in contravention of the Act. – If any gazetted officer, authorised in this behalf by the Central Gover...
26Disposal of seized article or currency or security
26. Disposal of seized article or currency or security. – 1.     The Central Government, may, having regard to the value of article or currency or security,...
27Seizure to be made in accordance with Act 2 of 1974
27. Seizure to be made in accordance with Act 2 of 1974. – The provisions of the Code of Criminal Procedure, 1973 shall apply in so far as they are not incon...
Chapter VIAdjudication
28Confiscation of article or currency or security obtained in contravention of the Act
Chapter VI: Adjudication28. Confiscation of article or currency or security obtained in contravention of the Act. – Any article or currency or security which...
29Adjudication of confiscation
29. Adjudication of confiscation. – 1.     Any confiscation referred to in section 28 may be adjudged--a.     without limit, by the Court of Session within...
30Procedure for confiscation
30. Procedure for confiscation. – No order of adjudication of confiscation shall be made unless a reasonable opportunity of making a representation against s...
Chapter VIIAppeal and Revision
31Appeal
Chapter VII: Appeal and Revision31. Appeal. – 1.     Any person aggrieved by any order made under section 29 may prefer an appeal,--a.     where the order ...
32Revision of orders by Central Government
32. Revision of orders by Central Government. – 1.     The Central Government may, either of its own motion or on an application for revision by the person ...
Chapter VIIIOffences and Penalties
33Making of false statement, declaration or delivering false accounts
Chapter VIII: Offences and Penalties33. Making of false statement, declaration or delivering false accounts. – Any person, subject to this Act, who knowingly...
34Penalty for article or currency or security obtained in contravention of section 10
34. Penalty for article or currency or security obtained in contravention of section 10. – If any person, on whom any prohibitory order has been served under ...
35Punishment for contravention of any provision of the Act
35. Punishment for contravention of any provision of the Act. – Whoever accepts, or assists any person, political party or organisation in accepting, any fore...
36Power to impose additional fine where article or currency or security is not available for confiscation
36. Power to impose additional fine where article or currency or security is not available for confiscation. – Notwithstanding anything contained in the Code...
37Penalty for offences where no separate punishment has been provided
37. Penalty for offences where no separate punishment has been provided. – Whoever fails to comply with any provision of this Act for which no separate penalt...
38Prohibition of acceptance of foreign contribution
38. Prohibition of acceptance of foreign contribution. – Notwithstanding anything contained in this Act, whoever, having been convicted of any offence under ...
39Offences by companies
39. Offences by companies. – 1.     Where an offence under this Act or any rule or order made there under has been committed by a company, every person who,...
40Bar on prosecution of offences under the Act
40. Bar on prosecution of offences under the Act. – No court shall take cognizance of any offence under this Act, except with the previous sanction of the Ce...
41Composition of certain offences
41. Composition of certain offences. – 1.     Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any offence punishable under this ...
Chapter IXMiscellaneous
42Power to call for information or document
Chapter IX: Miscellaneous42. Power to call for information or document. – Any inspecting officer referred to in section 23 who is authorised in this behalf b...
43Investigation into cases under the Act
43. Investigation into cases under the Act. – Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any offence punishable under this A...
44Returns by prescribed authority to Central Government
44. Returns by prescribed authority to Central Government. –The prescribed authority shall furnish to the Central Government at such time and in such form an...
45Protection of action taken in good faith
45. Protection of action taken in good faith. – No suit or other legal proceedings shall lie against the Central Government or the authority referred to in s...
46Power of Central Government to give directions
46. Power of Central Government to give directions. – The Central Government may give such directions as it may deem necessary to any other authority or any ...
47Delegation of powers
47. Delegation of powers. – The Central Government may, by notification, direct that any of its powers or functions under this Act, except power to make rule...
48Power to make rules
48. Power to make rules. – 1.     The Central Government may, by notification, make rules for carrying out the provisions of this Act.2.     In particular...
49Orders and rules to be laid before Parliament
49. Orders and rules to be laid before Parliament. – Every order made under section 5 and every rule made by the Central Government under this Act shall be l...
50Power to exempt in certain cases
50. Power to exempt in certain cases. – If the Central Government is of opinion that it is necessary or expedient in the interests of the general public so t...
51Act not to apply to certain Government transactions
51. Act not to apply to certain Government transactions. – Nothing contained in this Act shall apply to any transaction between the Government of India and th...
52Application of other laws not barred
52. Application of other laws not barred. – The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for...
53Power to remove difficulties
53. Power to remove difficulties. – 1.     If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, pu...
54Repeal and saving
54. Repeal and saving. – 1.     The Foreign Contribution (Regulation) Act, 1976 (hereafter referred to as the repealed Act) is hereby repealed.2.     Notwi...
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