[IN FORCE WITH EFFECT FROM 1sT MAY, 20 11) mum EXnuORDUYAW r g r l 1 1 - w 2 r 1 PARTU-Sath 1 *t* PUBLISHED BY AUTHORITY * 511 ;riRwR,* f f t a n r c 2 7 . 2 0 1 0 1 ~ 5 , l 9 3 2 NO. SI I NEW DEW MONDAY, SEPTEMBER 27, zow I MvmA s, l g u Wsm*~~8 i s l s@~tmfBwmdgpR*wPww*l S c p . n t o p ~ ~ i o p h ~ m t b h h n l a o r d ~ l t b u I t 1 1 ( 1 y b o W r ~ ~ ~ n t a c o m p l ~ t b ~ MINISTRY OF LAW AND JUSTICE (Legialativc DepaFtment) New MI, ilw 27th Soplrmber, 201 WAwinaS. 1932 (Seka) Tha following Aot OS Parliament rece~ved the assent of the Prcsidant on the 261b September, 2OlO.md is b e b y publihed b r a w l inf01mPL10n:- THE FOREIGN CONTRIBUTlON (ReQULATIOMACT, 2010 No. 42 OF 2010 [2dltrSaplam&r: 2010.]
AnAcl to consolidate the lawto t e g u h the mptaocc and dimtion of f d g n ' contribution o r ~ d ~ l i o s p i ~ t y by amain individmb or essooiatioris or onmpaniesaodtoplahibitacceptaaoeenduYilisationofWm&W o r f ~ g n ~ ~ a n y a e t i v i ~ ~ ~ tbe Rarionalinttmt and for m t t m e ~ ~ e c t e d mCreWilhor incidcd theme.
CHAPTER I PRELIMINARY
1. ( I ) TbisActmay becalled the Foreign Contribution (Regulation)Acl,2010. shun till+ C X I M L
(2) It extends to the Whok of India. m~d it shall also apply t o - 8pplic111an .@ UM-
(a) citizens oPlndi o u i d a India; and mtteernent ,.
Definitions.
1 THE GAZETTE. OF INDIA EXTRAORDINARY PARTIF-
(b) associate branches or subsidiaries, outside India of companies or bcdies corporate, registered or incorporated in India
(3) It shall Gome into force on such date as the Central Govmentmay, by notifiqtion in the Off~isrl Gazette, appoint:
Pmvidd that different dates may be appointed far differeat p r o d - & q , a f + $ md any reference in any such provision to the commencement-af t M s Ad rr r e k m to tlte coming into force ofthat provision. . ~7:- -> .' 2. (1) In this Act, unless the context otherwise requires,- - I < . . , +& A " , m .
(a) *~ssociation" mans an association of whethet hoqpygt$ . , $ ; 1 not, .having an ofice in lndia and includes a society, whether t e g h e d .w@. " 8 2 1.:
T , p l ' b f > i r o . Sackties Registration Act, 1 860, or not, and any other organisation, by what& . - 1 : .
called; , I
(b) *authorised petson in foreign exchange" means an muthorid to in clause (c) of section 2 of the Foreign Exchange Man~ement Act, 19
(c) "bank" means a banking company as referred to in clause ( the Banking Regulation Act, 1 949;
(4 'candidate for election" means a p e e n , . . ~ l m candid- for election to my Legislature;
(e) "certificate" means certificate of reghtion ofsection 12; . - V) "company" shall have the meaning assigned -ion2 ofthe Incorne-taxAct. 1961;
-
(g) "foreign company" means any company or woci incorporated outside India and includes- . .
( i ) a foreign company within the m h i n g ofsectibn 5 9 1 ' k f ~ ~ d & i 'A@ 1956;
( i l ) a company which is a subsidhy of a- foreign 6ompmy; * (iig the registered ofice or princi &erred to in sub-clause (4 or co
(hr) a multi-national corpomtion.
&planatia~.- For the purposes of this sub-cl in a foreign country or territory shall be deemed to such mrpomtion,-
(a) has a subsidittry or a branch or a place of bdm& in'=, ' countries or territories; or
(6) carries on business, or otherwise ob ' territories;
[h) 'Toreign contribution" means the dgnation,'deIivery or h s f e ; ' foreign source,- ( i ) of any article, not ,being an article - , personal use, if the market value, in India, ofsuch article, on the date is not more than such sum as may be specified from time to time, by .Government by the d e s made hy it in this ½
(ii) of any currency, whether Indian ar fomjgn;
(iig of any security as defi Conme (Regulation) Act, 1 9 clause (ol'of section 2 of the Foreign 6 SF. 11 THE GMETTE OF INDIA EXTRAORDWAFW 3
Explanation 1.- A donation, delivery or mnsfw of any article, w e n q or foreign security rehued to in this clause by my person who has received it from my foreign source, either directly or through one or more persons, shall also be deemed to be foreip contribution within the meaning of this clause.
. ., t " ' &pErrnafCgn &. A ,,- 2,7 The herest accrued on the fovign contribution deposited in any bank referred to i&b-ser;tion (I) of section 17 or any other income derived from the fomigq en@$yti$por. interest thereon shall also be d m e d to be foreign contribution witbii *e meaning of this clause.
& j h a i o n 3 ,+ym~ount received, by any person from my foreign mwce in India, by wl>sff&e (jncluding fm charged by an edwationd institution in India fiom hreign ah$u~$l or Dbwards cost in lieu of goods or services readered by such person ~f i ' the + b r d j " ~ & m d his business, trade or commerce wbher within India or outsi&Jn@i Q# ,py cgnwibutiqn received from an agent of a foreign source towqrdd allph fbo qgqg$~dl be excluded from the definition of foreign contribution within @~e meaning of %IS clause;
03 ~ ~ p r f p r p J $ i ~ ~ ~ ~ means any elk not being a purely omval one, mado in cash or kind by a fbre~gg source for providing a person with the costs of mvel to any foreign counttyartwitply or with h e boarding, lodging, muport & medid irwment;
- 't -a @ "foreign fl961&' irmcludes,- Q tho;0~v&neot of my %reign wuony or twrimry my .agency of such Goveronm~
(if) any b ~ a t i o n a l agency, not being the United Nations or any of its s p e c i d i s 4 ag~cCest, the World Bmk, International, Monetary Fund or such other agency as the Central Gavernment m y , by notification, specify in this wf;
(iv) a sorpodon, not being a foreign company, incorporated in a foreign wrurtry or territov;
(v) a muM-national corporation referred to in sub-clause (iv) of clause (g);
(vo a company within the meaning ofthe Companies Act, 1 956, and more tttm one-half of the nomid value of ifs shwe capital is held, &her singIy or in the aggregate, by one or moFe of the following, namely:- (-43 the Government of a foreign country or territory;
(B) the citizens of a foreign country or territory;
(C) corporations incorporated in a foreign wuntq or territory;
(Dl bwb, societies or other assw;'&ons of individuals (wtiether incorpod or not), formd or mgist:emd in a foreign counuy or territory;
(virJ a trNe union in any foreign country or territory, whether or not registered in such foreign country or territory;
(viii) a foreign tnrst or a foreign foundation, by wlmt~rer m e called, or such mst or foundation mdnly financed by a foreign c o w or Writory;
(ir) a society, club or other association of individuals formed qr r ~ b t e r e d outside India;
(x) a ~itjzen of a ,foreign country;
4 THE GAZETTE OF INDIA EXTRAORDINARY,
(k) "Legislature" means - (A) either House of Parliament; ;. ,;&. - ' .-",
(8) the Legislative Assrmbly of a State, or in the cast of a S q havi&s , Legislative Council, either House ofthe Legislature of that State: . -.
- - <$?, - (C) Legislative Assembly of a Union territory constituted jgx& @p::- Government of Union Territories Act, 1963; *.b. i:- gg;;, ;' 10 af 1963.
(Dl Legislative Assembly for Dhe National Capital Territory ofDelbi referr&:, to in the Government of National Capital Tesritory dklhi A a 199 I.; :.I,';.,$ 7- 1 of 1 992:
(a Municipality ers defined in clam (e) ofarticle 243.P af the (F) District Councils and Regional Councils in the Meghorhya, Tripura and Mizoram as provided in the 'Sixth S M u t Constitutian;
(G) Panchaya as d e h 3 in clause (4 of art** 243 ctf the bndtU$$i Df .,:-- ' ". ,. ' ,,,, ..-,I- ' , ,,,, I.:.: k (H) any other elective body as may be notified by the central 1 < . d # \ . ' , < A . - 1, (I) "notification" means notification pvbliahad'in the OfFicial Gm&m&Y.d. , ..-. ,q1;,: : h , , - expression "notify" shall be construed accordingly; . , . ~ 4 $ < 8 .-.- .,,,::- ;;$!><, ' C , i (m) "peison" includes- , .3uL , . , --- - :,p,:,;>.. , (4 an ihdividual;
(10 a Hindu undivided family;
, - , I . _ '3 <4::
(iii) an association;
: ,;$& ;.
(iv) a company registered under section 25 of h.'~ornpan;&~d?
-. . .
(n) ' 'pl$ici I p w ' means- , , ~ l ~ t t c a t party under section 29A of the AFt, 1951;or . (B) w h i h has set up candidates for election to my is not so registered or deemed to bs ,~ i s t ey i u - e f the E (hsewdion and AllaWnt) Order, 1 %8;
(tQ, ,a political party mentioned in column 2 of T&le 1 not i fdon of the Election Commission of India WO.~~II&WD;~:'
%th &gust, $002, m in Earn forth time being; , .
(0) '$rescribd" means prescribed by r u k made under this Act;
(p) "'ptascrihl authority" means an authority by the Central Government under this Act;
(g) "re&hered newspaper" means a n R e g i d o n g;F-Bo&sAct, 1 %7:
(r) "rekive" has the meaning assigned to it in clauss . (dl) d.
Cornpnia ACS 1956;
I .
(8) ' k h d u l d bank" shall have the meaning assigned to it under da m i o n 2 of the Reserve Btmk of India Act, 1934;
h'b2 - SEC. I ] THE GAZETTE OF IN DlA EXTRAORDINARY 5
(t) "subsidiary" and "associate" shall have the meaniirp, respectively =signed to them in the Companies Act. 1956;
(u) "trade union" means a trade union registered under the Trade Unions Act, 1926;
(2) Words and expressions used herein and not defined in this Act but defined in the Representation of the People Act, I950 or the Representation o f the People Act, 195 1 or the Foreign E ~ ~ h i p g e Management Act, 1999 shall have the meanings respectively wiped to them in .those Acts.
CHAPTER I1 ' &&ULATKIN OF FOREIGN CONTRIBUTION AND FOREIGN HOWT.4LTPY
3. (1) No foreign contribution shall be accepted by any- ' (a) candidate for election;
{b) correspondent, columnist, cartoonist. editor, owner, printer or publisher of a registered newspaper;
(c) Judge, Government servant or employee o f any corporation or any other body leontrolled or owned by the Government;
' (4 member of any Legislature;
[ E ) political'party or oEce-tiearer thereof;
V) organisation of a political nature as may be specifd under sub-section (I) of section 5 by the Central Government;
(g) ass~ciatip~.or company engaged in the production or broadcast of audio news or audio visual news or current affairs programmes through my electronic mode, or any o h r electronic form as defined in c law (r) of sub-section ( I ) of section 2 of: the Information Technology Act, 2000 or any other mode of mass communicatian;
(h) correspondent or columnist, cartoonist, editor, owner of the association or company refem to in clause 0.
'.
Exp1unafion.-In clause (c) and sect ion 6, the expression umrporation" means a corporation owned or controlled by the Government 4 includes a Government company ss defined in section 6 I7 of the Companies Act, 1 956.
(2) (a) No pwsan, resident in India, and no citizen of l n d i resident omide India, shall accept any foreign contribution, or acquire or to acquire my currency from a foreign source, on behalf of any political pariy, or any person referred to in sub-section ( I ) , pr both.
(b) NO person, resident in India, shall deliver any currency, whether Indian or foreign, which ha8 been accepted fromany foreign source, to any person if he know or has masonable muse to believe that such other person intends, or is likely, to deliver such currency m any political party or any person referred to in sub-section ( I ) , or both,
(c)No citizen of Imlia resident outside India shall deliver any currency, w h t k r Indim or foreign, which has been accepted from any foreign source, to- .
(4 any political party or any person referred to in sub-section . ( I ) , or both; or
(ii) any other person, if he knows or has reasonable muse to beIieve that such' other person intmds,.or is likely, to deliver such currency to a po1itical party or to my person referred to in sub-section (J), or both.
Prohibition to accept foreign conbibution.
6 THE GAZETTE OF INDIA EXTRAORDINARY PART II-
(3) No person receiving any currency, w h d w lndian or foreign, from a foreign source on behalf of any person or class of persans, *farred to in section 9, shall delivex such currency-
(a) to any person other than n penon for which it was m i v e d , or
(b) to any other person, if he knows or hag ~ e ~ ~ ~ n a b l e cause to believe hat such 0 t h pmon intends, or is likely, to deliver such currency to a penan othw tban tbe person for which such cunency was received.
Persons to 4. Noahmg contained in section 3 shall apply to the aceeptamce, by any perm specifid whom =tion in that section, of my foreign contribution where such contribution is accepted by him, shall not appiy. subject to the provisions of section 10,- [a) by way of salary, wages or other remuneration due to him or to any group of persons w o h g under him, from any foreign source or by way of payment in the ordinary mum of business tramacted in India by such foreign source; or
(b) by way of payment, in+ come of international trade or commerce, or in the ordinary cow% of business .tmnswtad by him outside India; or
(c) as an agent of a fbreign source in relation to any transaction made by such foreign source with the Central Government or State Gotikrnment; or i l i d h i t r 1 - ..- - .. . . .. . - - . - - - .-.
(4 by way of a gift or presentation made to him as a member of my Indim ,ddagatisrr, ,provided that such gift present ww m p t d , in, W ~ W B ,witk,.tlw :.I, r l~hnrJ~mde by tbe Central Government with re& t k k w w p ~ , p~nhmi~lwf . .. , . .,: ..such gifi or pmenMon; or
(8) frOm his relative; or Cj) by'way of remittance received, in the ordim@ come of business'throbgh my offt&*&annel, post office, or my authorid p e m d in foreign'&&er 'he FomlgnExcbange Management Act, 1 999; or 42 o f 1999.
I , I . ' .*.;, . - - . - !I :p;citlt:4l * :
(g)-bjbRy of any scholarship, stipend or any ' ~ p t of lik m: . , r . .. --.. .. 7 ) ' , i . r .
Provided that in case any foreign contribution m i v e d by any pefson specified under Wioq 3, for any of the purposes other than those spec.ifiq Wpr this,mio$ such contribution shall bc deemed to have bem iceci)M 'in' cone+erdq oY#e ~{ovisjoirs of,mfion 3.
, * 1 .,-I.. 1-1, . ir. .IL U ,>I:' \ I . 7 ' , -<.
Proccdurc to 5. ( I ) The Cmml Government may, having regard to the W t i m of W?anri%Q or the ideology prop- by the organisation ,nor the progamins of ttre o m rri'n & fh'e organisation of a political amciahion ofdm ~ o n s with the activiria if any polit id party, byan order published nature. in the Officw specify such organisation as an q r g q ~ ~ q P f ~ ~ ~ ~ ~ ~ h i n g , q . m l i t i c p f d to in c b w V) o f w ~ ~ i a n . ( ~ ] , o f ~ t i o O p 3:
Provide4 tqr(t the G~wnment my, by nrle W by jt, fpm t b q g @ & h s p t c i f y i q *e p d or grounds on which au orgpnig~,.ehaIl .qpq$fia,vlqp orpl i@g of@ wliticsll Bature. I - . \ + I ' J ' ~ L ' I ~ * I C ' i I
(2) Before making an order under sub-section ( I ) , the Cmm1 Government: shall give the organwq ip mpt of wbom the order is propad to k made, a norice ia miling infming it oftht grad or grounds, on which it is pmposedto be wiW ols an organbation of politid l u n d ~ that subsection. . 2 . 5 r 8 '2 v 8 1 ~ 21' " I ' ' L.'h A . I . L ~ ' J , ~
(11) Thl: oq&idon to whom a notice hap scrvd under sub-section (3, may, within a perMaf &jriy days from he date of tbe notice, make a w o n to the Cmtral Governme$ g is f i h w n s for not specifyiag such o e q ma marphati~n under subsection (J):
4 * . ' . 3- , ' * - 5 ‘ 7 ,.L 8 ' ; IsL, L I ,. . I ( LI,.
SIX. 11 THE GAZETTE OF MDIA EXTRAORDINARY 7 I pGyidoc) @rfPe cowl ~overnment may cntertaikhs rrpresen#ion aftetthe expiry of thesaid p&od of thihy days, if it is satisfied that the organisation was prevented by s u f l Y ~ l e n ~ ~ h u b ' ~ m ' ~ ~ i q g the representation within thirty days.
1d)The cema ~a&nmmt my, if it considen it appropiate, forward the repmentation refmd to in subsection (3) to any authority to report on such npesmtdon.
(3.FThe Cenal Gowmmnt may, after considering the - d o n and the report of tbe arr~riiy;r&mrd tah'sub-=tion (4), specify such organisation as- organhation of a potifid-nat,bing elpolitid party and make an order urmdwwbaction ( I ) 8~~0rdingly.
Lfl Eyqry order under sub-section (I) shall be made within a p i o d of one hundred and hen& .&ya from the da@' of issue of notice under sub-section (2):
the said p a a d of om hundred and shall. after recording the m n s themfar, make an ( I ) within a period ofsixty days from t h ~ expiry ofthe said ~ ~ r i o d of or o f f i w of apIjh1 party or Ilsdge or Government Rcsfrictian on or any other body owned or cantroiled by the acccptaw of or territory outside India, accept, except with fO~ ign any foreign hospitality: hosprtalify.
~ro$ded that it shall not be necessary to obtain my such permission for an emergent medical ai$ needed on account of sudden illness contracted during a visit outside India, but, where sucp fbreign hospitality has been received, the person receiving such hospitality shall give@hin onB moth from the date of receipt of such hospitality an intimation to the CentrsI Government as to the weipt of such hospitality, and the source from which, and the m m r ia which, such-hbspitality was received by him.
3. NO.PW& who - Prohibition
(a) irrsgis&ed and p t e d a certificate or has o b v under kr:y,"fer this Act;, and I. contribution M ' ' , (@ idi,& qny !Reign contribution, other person.
abpll ~ l ~ , ~ ~ ~ ~ . f a ~ m ~ ~ ~ i b ~ i ~ a to any other porwn unlos~ such o#a person is also wr;is~i&.md hag p.& gptpted the cenificate or obtained the prior permission u@er ?is ! ' . ' I . + ' .
Provided tha! such pgraon may transfer, with the prior approvd of the Central Governeat, a part of such foreign contribution to any other person who has not been granted a or obtained permission under this Act in accordance with the rula made by the Central Gowrnment.
8. (1) Every ~ n , wbo is regisred and granted a certifbte or givm prior permission Rtstriction to under this Act and receives any foreign contribution,- utilisc fore@ contribution (a) shall: utilise such contribution for the putposes for which the contribution for , has been received: aUminismtive
Provided that any foreign contribution or my income arising out of it MI not purpose.
be used for speculative qusiness:
k v i d e d ~ e r wthe Chbd Govemmmt shall, by mk, spwify the activities or business w h i &dl ke cnnstrued as speculative b u s h fbr tfte p w p p of hi d o n ;
(b) &all not dehy p far as possible such sum, not excad& per cent, of such contribution, received in a financial year, to mset administrative expenses:
Provided that administrative expensas exceeding fifty per cent. of such conkibution may be.defrayed with prior approval of the Cent@ Go-ent.
(2) The Central Govmment may prescribe the elements which &dl be indud& in the adminigtrative.expanses and the m m e r in which the ahinistmtive q m s a to in subsection ( I ) shall be d ~ u h t e d . , .
9. The Centrql Governmant may- power of
(a) prohibit any pmon or organisation not specified in section 3, from accepting : E L r .
my foreign contribution; prohibit rccuigt
(b) require any person or c k s of persons, not specified in m i o n 6, to obtain of foreign conprior permission of'the Central Government before accepting any foreign m'burioa.etc.,ia hospitality; catain w.
(c) q u i r e any person or clwxqf pmm not specified in section 1 1, to finish intimation within suck time and in sdipm as may b~ pmdlred as to the amount of any foreign contribution rmeived by w b peram crr clam of person8 BS the case m y be, and he source from which and the rrranner in which MI& contribution was received and the purpose for which and dre manner in wkicb 4 Mi@ contribution was utiried;
Cb) without prejudice to he provisions of sub-action ( I ) of m i o n 1 1, require any p e ~ s ~ l n or chis of persons specified in that sybsedion to obFain prior permission of the CeMtal Government before. q i q any hip oonkibution; - .
(e) require my person or class of persons, ngt specfied in wtion 6, tbfiunish intimation, within such f ime and In such manner as m y he p&W, as tb L e receipt of any fore& hospitality, the source from which and the m m e r ia which such Mspitality was received:
Providd that no such prohibition or quiremertt shall be made unless the Chtd Owemmmt is s M ~ d that the accephncu of foreign contribution by such person or c h of-& as tile case my be, at the ~ceptmm of foreign hr9spMity by such person, 4s likely to a m prejudicially - I I . '.: . ~ i u ) f r i ~ l y ~ ~ o n s + i ~ a n y ~ ~ . ~ q . o r , b ' t ' i , ~ t ~ . , t t r i ~ ~ u u . . . ~ ;
r n l i t . . ~ . ~ ~ , L . . ~ l ~ k ; . k , L l l ! : L . , . < I I - ( v ) harmony between religious,' rzt~ipl, SQF@I, !imj~ ,&$ggi~%l , , . , . - y ~ q p , castes or mmnlunitia. I , . , .. .. 8 - - , . . .t:va ' A . I Power 10. Wem the Central Government is satisfied, after making aush inquiry as it my Unluvjfulllctivitias (Prevention) Act, 1 967 shall, $4 f& as may be, apply to, or in m l a t h ~ ad, such article. or; ,rreswy or security d. Wkqw h. @ ( W 1 + m j F~$&&!w+ securitisq _qf,*ios shall be cmutmd ":wr;eq @ w*#Mkk.wf6~,qLmi,Sr.
. I: (11 i I:: . +i , , l a :. , ... !:*,I t \ , ~ - ~ ~ , ~ i i k i y uy % ~ i z h . 6 . cHAPT6RIlI Rcgi&ati~n of 11. (P)'Saq $S otkm+w provided irr his Act, rro pmon W i a dafml~ cultural, ms emmmiF, e d d b n 4 religious or social p r o p m e &dl ac&i f o d p d b n t i a e unless with Central such person o h h a a certificate of registration &oui W C e n t r d ' m t : Gavcrnmsnt.
b v M tlM any awmiation registwd with the CenW ~~v~ under e n 6 or granted ,pcior under * ; e n .&the Eemi@.&Wihith,-) a, 1 . 9 7 6 , : ~ ~ d ~ i ~ 1 y ~ . ~ ~ ~ g P & i a & ~ l he deemed to t w e - , ~ p y t p d or gnntsdprior ~ i n , a a $ : & , ~ b + hia -+ mwt , ' - I , such @&q$iy~ shall valid for a perid of five-y+bmtbo1&'&k . . O , i!t .. I iihl,: : IJ, t LO:;: w ~ & k & $ n SCG&I$ IL!, - " ~'ini0~*? ,T~..- I l t r j l r i l l 1 , I 1 dl,, !\ ,:I:I\&.: I*I >:iY I I ,I ,,. @)-&ay-rnhedtc ins&aeetlirnCl)np$aF;$ b ~ W t ~ ~ L y @ : ~ , , C e ; a ~ Q ~ u n d e r W ~ s u b & i o n , ~ t ~ m ~ : & m i ~ , ~ i ~ ~ # I ~ ~ m ' 1 1 1 1 1 :.,t . .. , \ O ! ,<.x , . .* I \ ' L ,:'I .:I1 k ' u ~ ~ : : l l ~ l G . l l ;> ( +: ! , , I # ,.I ' ' 4 - . I I :-. .:, # r 8 h ; . ~ - 111 .>Cith~C$l * I . - - , , I . : L ,I I : I V I 'ha; , : ; 7% :\ii)11 7 9 . 1 1 A ~ L ' ~ . i b ' ~ t I i . .L w :dp a*,.* , , 4 ' , I ' ": # t i ! i 1 -<I ... 1 1 . ll.:.. . 8 l.%K'i& .iT, .I. . .l. . '(1 .ll~),I.> .. k ..,. L . .
--- - - k . . . . . , .*. z. . , _ _---- .-.-- ..
x - # 1 . 1 & ' 1 1 *- - I SEC. I] THE &UTE OF INDIA EXTRAORIXNAKY 9 obtaining the ptior pedssian of the Central Gomrnment:aad such prior penpision shalt k valid for the spsiflc purpose for which it is otrtaIned and'from the specific source:
~r&dql that if the person referred to in sub-mdans (1) and (2) has ban found guib of vialation $$my dth%pvisians of this Act or the Foreign Cvntrhtion (RegkllatZon) 49 of 1 976. Act, 197& h t f f i t f f i ~ er -i\red amount of fbreip mntr~Won dudlaat be utilhed or mlwd, M the case may b, hirhaut the prior approval of the C m l Government [3) NqM&stmdhg an* conbind in thisA.ct, ?he CMd Oovemment may, by n o t S d a n idthe UJEchi Qraette, specify-- (a the p m n or class of persons who shall obtain its prior p m k i o n befoPe accepting the foreign contributiorr; or ' (ig the ma or mas in which the fore@ contrihaion shd b mmpred and "Y with tbe priq permission of the Cmtd Qovemmn~ or , {SiE).~e purpose or puqwes for which the foreign wntribution shalt be utilised with the prior pmWion of the Central Government; M -.
I @) the same or sour- h m which the breign contributla shall be acwpted With )he prior p ~ ~ i a n of the Ciatml GovemmIrt.
f 3. (])An appiidon by a pecmn, refmd ta in &OKI I 1 &,- of ce&ate or Grant of giviqg~Priq~,p-is~oln, &all bo made m the central Gommment in avok form md manna zifs@f and dong with sudl fee, as may be prescribed.
.-- ', {2) OQ m i p t of an appliion under s u b d o n ( I ) , the C m d Government shall, b y a n o x d e r , i f t f K ~ ~ ~ @ I i B t i n Q e p r e s ~ ~ m ~ r d m m w n o a i n m y a f t h a ' prtica4ars s-ed-in that firm, reject the qpbt ion .
. [ 3 ~ ' I f b n ~ , 6 f a a ~ p ~ ~ o n for grant of &fi& or g i v h pilor permission and after such kq&y as the Central Qovemmmt deem 6g it is of tb ~pinhu that t$e , COnditiQRS ~pifid ,$l S U b e b I I (4) a58 med, h ma$, 0rdhiU W* t h $ J from tb d m afi~ipofqplicatioti under subecrion (t), register such pemn and grant him a certificate or give him prior pmission, tts dte case m y be, sukjwto such b m and wdithm as may be p m i
Provided that in wm the G m t d Gov- d m not gpug within the mid period of ninety d m a certificate or give pot permission, it sW1 cmtnunlcate the m n s ttrwefbr to the a p p l i e
Provided fiu-th~~tbat i pew stdl not be eli$ibk forjg-untafcePtifimta or giyibg prior permlion, if his c&ific@ fi&s b m suspended and such suqmmion ofW&ate contin- , an the datmf r q b g appWion.
' (4) he f9lhwhg &dl be the coaditions for ttrc pe~f substion ~3), name^^:- ,
(a) the pcwn mkhg an application for mgimUbn or grant ofprior pnnbion rtitdar r sub- sdo~ {I),-
(1) is sot Walls or benumi; . \
(ii) has mbm prosecuted or mvid for indulging in acdvidw aimed 'ht conmion tbmu@ M m e n t or bm, eitber difBGtlY dr Zadhtiy, from ons relighua MI to $t10dm;
(if0 has not been prosecutsd or mnvicted for maw amnuaal tension or dishamow in any spwified district or my OW part of (hs muntry;
(iv) h not hm foynd Nhy sf diversion or midli&a of its fun&;
(v] knot mgagd or likely to mpge in pmpftgatipn of d i o s or admate violent m&x& ta &eve its ends;
(vi) is notfblyto we th foreign cmtributiorr for pemaal gabs or d i m it for u a d e s w p ~ ; " 10 WE GAZETTE OF MDlA EXTRAORDINARY PART 11-
(vii) has not contravened an$~$f the provisions of this Act;
(viii) has not been prohibited from accepting f o ~ i g n contribution;
(b) the person making an application for registration under sub-section ( I ) has undertaken reasonable activi~ in its chosen filed for the benefit of the society for which the foreign contribution is proposed to be u t i l d ;
(c) the person making an application for giving prior permission under sub-section ( I ) has prepared a reasonable project for the benefit of the society for which h e foreign contribution is proposed to be utilised;
(d) in case rhe person being an individual, such individual has neither been convicted under any law for the time being in force nor any prosecution for any offence pending against him;
(e) in case the person being other than an individual, any of its directom or ofice bearers has neither been convicted under any law for the tiha being in force nor my prosecution for any offence is pending against him;
V) the acceptance of foreign contribution by the person refefied to in subsection ( I ) is not likely to affect prejudiciallyti) the sovereignty and integrity of India; or (id he socuriry, strategic, scientific or economic intel+ofthg :SW:. br (5iO the public interest; or 4 .<
(iv) freedom or fairness of election to any hgishture; or -
(v) friendly relation with any foreign State; or I I ? I ., , , .
4 . (vb h e n y between religious, racial, mid, linguistic, regiad grahps, .casks w communities; - 1 4 ! .. .IL!L: lar &) the acceptance of foreign contribution referred to in sub-section ( I ) , - ' (i) shall not I d to incitement of an offence; I ... t l # , , > ; , . 1' (io shall not endanger the life or physical safety of any person.
(5) W b ~ e L e Central Government refuses the gtmt of ~mtiltcate Q T . ~ Q Q S mt.&e prior permission, if &dl record in its order the &ns therefor and Wish a wpy mmpf@ the applicant:
Pmvidd ,that the Central Government may not communicate the ~ o m . f ~ r _ r p i ~ . f ~ r grant aF cedficatt or f i r not giving prior permission to the ~rpplic~tat under this @on ip cases where is no obligation to give any information or documents w records or papers under the Right? Inkrmtion Act, 2005, I
(6) The cwtificate granted under sub-section (3) Ml be valid for a period af five years and the prior permission shall be vaIid for the spscifi c purpose or specific amount of foreign contribution proposed to be received, as the case may be.
Suspemgion of 13, (1) Where the Central Government, for reasons to be recorded in writing, is satisfied that pending cansidemion of the question of camelling the catifichte on my of the grounds mentioned In sub-section ( I ) ofsection 14. it is necesmy sb tp do? it qay, by order in writing, suspend the d d c a t e for such period not e x d i n g one hundred and eighty days as may be specified in the order.
(2) Every p e r m whose ceriificate has bean suspended shall - ' ' @) not receive any foreign contribution during the period of suspension of ~rnfi~m: . . I I I [ / .
Provided that the Central Government, on an application made by such p e r m if it considm appropriate, allow receipt ofmy foreigo tmtribution by su& person on such tern and conditions as it may specify; . , . . .. I I *. . . . , ,, ,. , . . . a , . r l r . * ' m ww.
SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 11
(b) utilise, in the prescribed manner, the foreign contribution in his custodywith the prior approval of the Central Government.
14. ( I ) The Central Government may, if it is satisfied after d n g such inquiry as it may Canccllatim of deem fit, by an order, cancel the certificate if- ccrlifica~t.
(a) 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 w false; or
(6) the holder of the certificate has violated any of the terms and conditions af the certificate or renewal thereof; or
(c) in the opinion of the Centrat Government, it is necessary in the public interest to cancel the certificate; or I (4 the hplderof certificate has violated any ofthe proviaionsof this Act or rules br.arder-madp thereunder; or 1 (e) ifthe holder of the certificate has not been engaged in any reasonable activity i'n its chosen field for the benefit of the society for two consecutive years or has become defunct.
($1 No ardermof txtn4wion of certificate under this section shall be made unIess the persan\concemed has been given a reasonable opportunity of being heard.
(13) Any ' p o n whose certificate has been cancelid under this section shall not be eligible for regismion or grant of prior permission for a period of three years from the date of cancellation of such ~artificate.
15. f 1) The foreign contribution and assets created out of the foreign contribution in Management the c W d y gfevery p s m whose certificate has been canwlIed under section 14 shall vest of &reign Eon- !
in such quthpriiy as may be prescribed. tribalion of I , . person whose
(2) The authority dfmed to in sub-section I ) may, if it considers necessary a d in wrtifiwtt has public interest, manage the activities of the person referred to in that sub-sectim ibr such k n cancttlcd.
period and in su&'&ner,.as the Central Government may direct and such authority may utilib the foreign oontrlbution or dispose of the assets created out of it in case adequate funds we not available for nmning such activiv.
(3) The authority referred to in sub-section (I) shall retun the fbreign contribution and the assets vested .upon it under that sub-section to the person referred to ih the said sub-section if such person is subsequently registered under this Act.
16. (1) Every person who has been granted a certificate under section 12 shall have Renewal of ' such certificate renewed within six months before the expiry of the period of the certificabz. ccflificate.
(2) The application for r e d o f t k ~ d ~ s h a l l tremack to the Central Governmmt in such form and manner and accompanied by such fee as may be prescribed.
(3) The Central Governmesle shall renew the certificate, ordinarily within nbety days from the date of receipt of application for renewal of certificate subject to such k m and conditions as it m y deem fit and grant a certifiqate of renewal for a period of five years:
provided \hat in &the Central Government does not renew the certificate within the said periad of ninety days, it shall communicate the reasons therefor to the applicant:
Provided further the Cabal Oovemment may refuse th mew the certificate in case where a person has violated any of the provisipns of this Act or rules made thereunder.
CHAPTER N ACCOUNTS, lk4TIMATION, AUDIT AND DiSWSAL OP A S S m , ETC.
17. ( I ) Every person who has been granted a certscate or given prior permission Foreign under d o n 12 sbaM receive foreigb contribution in a single account only through such G~nrributiofl through one of the branches of a b& its he may spwifl in his application for grant of ce~fica&
Provided that such person may open one or more accounts in one or more banks for bank.
utilising the foreign contribution d v e d by him:
I.
12 - THE GAZETTE OF LNDIA EXTIWORDWARY Ip~wll- * Provided further that no W s oth&&m fixeign contribution shall be received or deposited ia such account or accounts.
(2) Every bank or authorisad person in firreign exchange h l l report to such aulorIty as may be specifid-
(a) m i b e d amount of foreign rdthnce;
(6 ) the source and manner in which the foreign remittance w a received;
and
(c) other particulars, in such form and manner as may be prescribed.
' ~nhmation. 18. (1) Every petson who has heen granted a cer t ih ter or given prior approval under , this& shrrll give, within such time mil irt such marrrrar as may bepascFibed, an intimation to the Central Govemmenf aad such other authority as may b specified by tb Central C3overnmerrb, ss to the mmt of each foreign wntribution rmived by it, the sour- h m which 8nd dm manner in wWch such brdgn contFibutian was redved, a d the putpwea fbr which, and the manner in which such fweign contribution was utilkxd by him.
(2) Every p n receiving Foreign watributiw &dl submit a wpy of a stakment indicating therein the @eulars of foreign cmtribution m i k d duly certified by officer of $her bank or author,rised person in fonig-li ex&mp i&.f~~&h,&e same to with the intim&n u&r (1) L 2-Z: -=:== T - Maintenance 19. Every person who has bocn granted a &Basto or @fen pr i : ; ;~~d qder his Of k t shaH'naintah, kr suoh form and manner as may k p&dibed;- it.CL'IV<L' fir ' : . b , . L I
(a) m mount of any breip contribution received by I him; ..,. rrnd ;: >ci( 2JI .*:' ' .
I .. I - ibj a record as to the manner in d ~ k h &$mntrii,uti~n has been uti~ised byhim.
Audit of 20. where my ~ o n wim itas lwm a mtifim or p i w priw p~~isston, accounts. - ~ l s to furnijtb any intimation unde~~ist~ctwahin the time @ifid iWeWd@%d&an so firnished is not in accordance with h or if, afbs inapdoa of wzb btimktion, the Central Goverclment has any wonable cause b believe tttiu any pmvigir~n of this Act has ,. .@mp, i ~ ~ . is bein& rnnba~ened, she !~~ELWII Government my, by g e n d or s p c i ~ l order, authorhe such &wet@-officer, holding a GroupA post Wwthe C W Go owx Q ~ ~ G . B T or &cwity or organisation, as it may tfrlnk "k$t bh&&iaad by S W ~ ~PMoll80d hemp ' entsr'in i r h o n any premise at any reasodla by, be&& . , d a u d ' ~ g c k e s d b o o b o f ~ ~ .'I ' ' E( I.. L I ~ : :I?- TC: rl;,:t w- , # h :. .. ' 6 . L U'bl,I<bL* l * d l .
., a +vied thl any hdomu(m &titid fmm q ~ ~ i ~ ~ ~ ~ ~ w ~ ~ t i a l and shall not bg d k l d except for the pllrpodles of thia Act.
* .., . - - i . . t ,>) a,;,, .>taiI.l1,,2h . btiution . ' 8 , i i w , ~ ~ for O ~ * R , *?bd ~ i & ~ ~ & i p 4 - ~ @ t l % : # ~ mdfilc for ,*'within oae hundred and em drrys irnme4hwly pce$r@p.,dq$@.~jffb.
election. , g o ~ o / u u d .a suoh candidate, h i 1 give, wiii,swb t+m urd in m& manner as my bc preecribed, an intimation to the Cenfmi Government or prescribed authority or both as tp.the I mount offoreign cmtr*tbution rewived by him, thehw'hh'W&idd &S in ' . .'Slhi&; su&%pe@ conai~rutton wols m i v e d m t l ~ ~ s e s f i r which rvld tbb maaaer in which such ffamign contribution was ut3Sswl by him.. . I , , ,!. I ) . .
Disposal of RsMs mtd wt of foctm wntrDbutio&
33. Wharr any person who was permitted a acwpi foreign 2onttiblftiix11.ud~&i Act, warn to exist or h bmme defunct, dI lhe a s ~ s of such pmn &ail be dispastsd of in awmdmce with the provisions wmhd in WJ~, h w tbdtrrg&&g k f i &r which &espmm was raistered or ~~ sad in tbp a b w 05- s~&~by,) the C~ , ,Gt lvwnmmt may, having w d to th Wri! ~f wM3. gptWt~itatglF contribution receiqd under ¶hit A 4 by notihljpn, ~ 3 t l p t A L g.n?h a$#s W. be .
disposed offby such auhority, as it may specify, it^ s ~ h mmpr 4 pc#f$k0 wtw be ', ,-@wwibed- : r ' % d l : l t i l l l r . i \ t . I - b t r j I L 1 1 , I 6 L : : : , 3 1' 1 \L !*. ' il, . * .I . L l I . * 1r :I .
SE. 11 THE GAZETTE OF MDlA EXTRAORDINARY 13
23. If the Central Government has, for any reason, to be recorded in writing, any inspwtion of ground to suspect that any provision of this Act has been or is being, cantravened b y a c ~ ~ ~ or m o d s .
(a) my political party; or
(b) my person; or
(c) my organisation; or (4 any association, it may, by general or special order, suthorise such gazetted officer, holding a Gmup A p o i under /the Central Government or such other offtcer or authority or organisation, as it may think fir (hereinafter refed to as the inspecting officer), to inspect any account or record mainFind by such p d l i h l p w , person, organisation or association, as tbe case may be, and Qepupon every such inspecting oficer shall have the right to enter in or upon any p r e r n i ~ rit my m n b l e hour, before sunset and after sunrise, for the purpos ofinspecting the said account or record.
I B4. If, after iqspection of an account or re~ord referred to in section 23, the ir~pecting S t i r e of officei has hny mo&ble cause to believe that any provision ofthis Act or of any other law aCwUnu Or relatiug to foreign exchmge has been, or is being, contravened, he may seize such account ZBCOrds.
or recurd aqd p e u c e @ same before the court, authority or tribunal in which my ptoceeding Pm4ded' +gt the aulhmised officer shall return such account or record to the p-n from w@?+itwas @ml ifno proceeding is brought within six months from the date of such seizure for t b g c o n ~ n t i o n diseiosed by such account or record.
25. If any g m t d officer, authorised in this behalf by the Central Government by S e m of general or special order, has any reason to believe that any p"on has in his poaaessian or :O', --. _. . . mntrol any &ie exceeding the value spified in sub-clause (9 of clause (h) of sub- s w ~ w sexxion ( I ) of section 2 or currency or security whether Indian or foreign, in relation to tcccivcd in which any provision of this Act has been or is hing, conmvbned, he may seize such c 0 o f m ~ ' i o n article or currency or ~curity. of the I
26. { I ) The Cen?rd Government, may, having regwd to the value of article or currency Disposal of or security, their wherability to theft or my releraot consideration, by notification, spdfy ot CUmnGy Ot such article or currency or security.which shd, as soon as may be &r their seiaue, be =*. I I . disposed of by such officer and in such manna, as the Central Government may, from time to time, determine afbr following the procedure h e r e i h r specified.
(2) The article or currency or security seized shaIl be fomded without unnecessary delay to such officer as may be specified.
(3) Where any article or currency or security has been seized and forwarded to such officer, the oEcer referred to in sub-section ( I ) , shall prepare rta invmtary of such article or currency or security containing such details relating to their description, value or such other identifying padkulars as the officer referred to in that sub-@on may consider relevant to the identity of W article or the currency or security and make an application to any Magistrate for the p u r p w of certifying the comclnms of the inventory so prepared.
(a Where an application is made under sub-section (21, afio Magisirate shall, as -soon as w y be, aIlow the application.
I of 1872. (5) Notwithsiandiog anything contained in the Indian Evidence A a 1872 or the Code 2 of l97K of Criminal Procedure, 1973, every cow trying an offenee under this Act, shall treat the inventory, as certified by the Magistrate, as primary evidence in respect of such omnce.
(6) Every officer xting under sub-section (3) shall, forthwith report the seiwre to the Court o f Session or Assistant Sessions Judge having jurisdiction for adjudging the confiscation under section 29.
I:"
14 THE GAZETTE OF INDIA EXTRAORDlNARY [PART If- Seizure lo be 27. The provisions of the Code of Mmlnal Procedure, 1973 shall apply in so &as they made are not inconsistent with the provisions of this Act ta d l seizures made under this Act with AEI 2 o f 1974.
t Confiscation 28. Any article or currency or security which is seized under section 25 shah be liable ' to confiscation if such arricle or cu-knq or wurity h u been adjudged under seetion 29 to clurency w security have been received 01- obtained in contravention of this Act.
obtained in mnhavention of the k c .
Adjudkatim of 29. ( I ) Any confiscaiion referred to in section 28 may be adjudge&- wnfiscation.
. [a) without limit, by the Court of Session within the local limits of whose jurisdiction the seizure was made; and
(b) subject to such limits as may be pmcribed, by such officer, not below the rank of an Assistant Sessions Judge, as the Central Governm~nt,may, by no 'fication in th OFicial Gazette. specifjl io this behalf. . , > < , . . . 7 . ; - ,I . -
(2) When an adjudiation under sub-seetian ( I ) is concluded by the Court of Session or Assistant Sessions Judge, as the case may te, be, Sessions Judge or histant' S b a n s Judge may make such order as he thin h fit for Ute disposal by oonfmdm or delivery of w i d article or currency or sscurity, as the case may be, to any person ckiiag to be entitled to possession thereof or otherwise, or which has been used for the commission of any offence under this Act.
Pmcedure for 30. No order of adjudication of confwcrlrion shall be made unless a reasonable ~ f i s c L f ~ * n - opportunity of making a representation against such confiscation has besn given to tlle % person from whom any article or currency or security ha.been seized. . - I .
I. . ' L I
CHAPTER VH
31. ( I ) Ally person aggrieved by any order made under section 29 m y prefer an appeal,- *
(a) where the order has beemmade by the Court of Session, to the High Caw to which such Court is subordin*, or
(b) whek the order has been made by any o l 3 m spified der.clause (bj of sub-section ( I ) of section 29, to the Court of Session within the ,local lirniis'of whose jurisdiction such order of adjudication of mnfwcation was made, within one manth from the date of communication to such VII of the order:
Provided tha the appellate court may, if it is satisfied that thr: ap~alm was p&qted by sufficient cause from preferring the appeal within the said period of one man@, allow - such a p p d to be preferred within a further period of one month, but not @ereafter, A
(2) Any organisation re fed to in elwe V) of sub-section (1) of eon 3, or any person or association referred to in section 6 or amion 9, a@epd. .p o@r in pursuanm of &ion 5 or by an order of the Central Oovernmeat rehsk tp,giye,pqksinn yn& this Act, or by any order made by the Central Government uader s-ion (2) or sub-section (4) of*~e~:tition 1 2, or sub-section (1) of &u f 4, as the case may&, may, within sixty days from the date of such order, prefer an appeal agPrinst-su& order to lhe High Court Ssc. 11 THE GAZETTE OF JNDIA EXTRAORDINARY 15 within the local limits of whose jurisdiction the appelld-ordimrib resida or d e s on bminesi or persanrtlly works for pin, or, where fhe appellantis an orgmhtion or amciation, the principal office of such organisation or association is located.
(3) Every appeal prefemed under this sectian shall be deemed to be an appeal hman original decree and the provisions of Order XLI of the First Schedule to the Code of Civil s of 1908. Procedure, 1908, shall, as far as may be, apply thereto' as they apply ro an appeal from an original decree.
32. ( 1 ) The Central Government may, either of its own motion or on an application for Revision o f revision by tbe p a n registered under this Act, call for and examine the record of my O d a by Cenml promding under this Act in which any such order has been passed by it and may make such Governmenl.
inquiry or cause such inquiry to be made and, subject to the provisions of this Act, may pass such order thereon as it thinks fit.
(2) The Central Government shall not o f irs own motion revise my order under this .
section if the order has ben made mare than one year previously.
(3) In the case of an application for revision under this section by the person referred ta in sub-section ( I ) , the application must be rnade within one year from the date on which the order in lquesti~n was mmunicated to him or the dare on which he otherwise m e to h o w of it, whichever is earlier:
Providad that the Central Government may, if it is satisfied that such person was prevented by sufficient came from making the application within that period, admit m application made after the expiry of hat period.
(4) The Central Govermnent shall not revise any order where an appeal against the ordw lies buthas not been made and the time within which such appeal may be made has not expired or such p&in has not waived his right of appeal or an appeal has been filed under thb Act. '. I x
(5) Every application by such person for revision under this section shall. be accompmied by such fee, 8s may be prescribed.
Explanation,- An ordw by the Central Government declining to intmhre shall, for the purposes of this section, be deemed not to be an order prujudicial to such person?
CHAPTER VIIl 33, Any person, subjact to this Act, who knowingly, - , Making of f a k statemenr.
(a) gives fake intimation under sub-section {c) of section 9 or section 18; or &clamtion or dtlivrwing false
(b) seeks prior permission or regismtion by means of fraud. false repredhion ,,,,,,~ or c o n c h e n t of material fact, shall, on conviction by a court, be Iinble to imprisonment for a term which may emend to six months or with fine or with both.
34. If any person, on whom my prohibitory order has been served under section 10, Penalty for pays, delivers, transfers or otherwise deals witb, in any manner whatsoever, my article or miiale or currency or security, vrhsmer lndian or foreign, in conVsvenfion of such prohibitory order, :cz: Or :
he shall be punished with imprisonment for a term which may extend to three years, or &&in& in witb fine, or with both; and noiiehstanding anything contained in the Code dCrimiaal conrravcntion .
Procedure, 1973, the court byinIg sueh contravention may a h impose on the permn convicted Of ~mii~"!J- an additional fiae equivalent to the market vdue ofthe article or the amount of the currwcy or security in respect of whfch the prohibitory order has been contravend by him or such part thereof as the court may &em fit. , ~ u n L l for cnntraven t ion o f any provision of bre Act.
16 THE GAZETTE OF INDIA EXTRAORDINARY @ ' l r f f ~ s Power ta impose additional fine where attiele w cMmncy or st~urity i s rmr available for confmation.
35. W h v m , a c c e ~ or assists my wnl p o J i or orpnisrltion inacwpting, any fireign contribution or any cllrrency ar froma fomign some, in conlmvmiion of any provision of this Act or any rule or order natade k ~ u c ~ d e r ~ &all be pink$ w ih . . ~ f h r ~ t e r m w h k h m r t y e a d w d ~ f i v e ~ o r \ a / i t h ~ o r w i t h b o t h .
36. Notwidmmding aqything contained ia tb Cab oTCrhinrd P~~ 1973, the 2 M 1974.
wurt tryitkg a puma, who, in relatation to any &1a or currency or security, whether Mh or foreign, does or omits to do my act which sf or mission would mder wrcb article or currency or security liable to e o n f w d under this Act, my, In the event of tEme mvicttm of such prsw for the act or omisision aforeaid, impose rm sw& persap a &re not e x c d h g fiw iinws tber d u e of the artide or curremy or sewrity cw owttwusend rupee, whichever is m o q ifsuch d d e or ourmncy or security is not avaiWle-fwimn@Mion, and the l5m SO impaaed &dl k in addition to any other h a W h may be imposed on such pmon under tbis Act.
PeoaIty for 37. W h v e r fails to comply ~ i t b any provision a$ this Ad ,hr which no m p a k penalty has beern provided in lhis Act shall be punrsbed hprisonmwlt for atem which no separate punamalt ha6 may to one year, or with fine or with both.
Prohibition of aecepmtc of foreign contribution.
-=, by companies.
I3@r o9 prepcution o f ofBsaw under the h t .
38.
awepmq or utilidun of foreign wmibrrtion, is w i n (~~mhbxl of such oEenm Wl -J9.tm@~.m w*~butbn for a p a ~ i d W ~ w y %m* .m~f :mm a.
crmvic@q~: , , I . . .I- . ;~)>ii4'r:
1.3?.(19Whem an ~ ~ U n d e r t h i i s A c e o r a n y n i k o c w d a P ~ t h e ~ ~ ~ corsjai&&byt mmpasy, every person who, at the time thal~-wmayM, was in c h w Fl$l>@q .m wpaasible the V Y f',* FqJdW .9f f*rn%fl M WVRWI ir arpll WmPanYa shall be c k m d @& eq%9qp%#l%94&!?, Wk @& P%- W t a d ~ u n i w mfiia$l~: , . tr 'i ,AI ) u-ti& , ~ r '- FravWWnothlqg mntained in thjs sub-mc4ibJn~l.reulcIm m e h p u m a 4 i i t m anypmhhnmt ifhe prow that the offence was cmmhdwibut ldpipIcmwk&sW he had WW &I due diligence to pmvm the commisaimgf such o f h u w s . * hjc: L.., r r "T2) Nonihb-g upnhing conkhed in subseot*lr (fi;-& 'm'ofikkd wl# this Act br any rule or order made thwetmk htls beea cornmi& by a comphj'aild"~t P proved that the ogenm has been committwi with the c o m t or wnnlvame'of, or b atbibatsbb bany mgkt on the part of, any d i m * m a m g ~ ~ , ~ ~ a r ~ o ~ ~f the mrnpanyI suyh director, manager, secmuy or 0th o fbr Ml a k b d e s d ~ o l b e ~ ~ f t f m t ~ a n d s M l b e l i a b l e t o b e p d ~ d p u W d l o g l y .
. . .
.- , + - ,.,, , (b) udipAP, i reiation to rr &p, SQG~W, ,m.t@qn pr,&&p&& of 4n~tivi4@3~ means ti partner in the firm ar a m u q k rrf&c.~pp&&&&,& dl,..- I I I s*:siety, trade mion or other m i a t i o n of individuals.
SEC. I I THE GAZETTE OF MDlA EXTRAORDINARY 17
(2) Nothing in sub-section (1) sllall apply to an of&nce committed by an individual or association or irs oficer or other employee within a period of three years from the date on %which a similar offence committed by i t or him was compounded under this section.
Explanation.- For the purposes of this section, any second or subsequent offence committed aftw the expiry o f a period of three yeaq from the date on which the offence was previously compounded, shalt be deemed to be a fist offence,
(3) Every officer or authority referred to in sub-section (I) shall exercise the powers to compound an offence, subject to the dtpction, conmi and supervision of the ( 2 n d Govemmerrt. .
(4) Every application far the compounding of an affence shall be made to the offimr or authority referred to in sub-section (I) in such form and manner along with such fke as may be prescribed.
(5) Where any offence is compounded before the institution of any pmsecution, no prosecution shall be instiJuted in relation to such offence, against the offender in relatior, to whom the offence is so compounded.
(G),Every officer or authorityreferred to in sub-section ( I ) , while dealing with a proposrtl for the compounding of an offence for a default in compliance with any provision ofthis Act which requires by an individual or association or its oficer or other employee to obtain permission or file or register with. or deliver or send to, the Central Government or any prescribed aurhoriry any return. account or other document, may, direct, by order, if he or it thinks fit to do so, any individual or association or its officer or other employee to file or register with, such return, account or other document within such time ss may be specified in the order.
CHAPTER lX
42. Any inspecting officer referred to in section 23 who is autharised in this behalf by Power to the Central Government may, during the course of any inspectian of any account or record -11 information maintained by any political p-, person. organisation or association in connection with the document, contravention of my provision of this Act, -
(a) call for iqformation From any person for the purpose of satisfying himself whether there has been any contravention of the provisions of this Act or rule rrr order made thereunder;
(b) require any person to produce or deliver any document or thing useful or relevant to such inspection;
(c) examine any person acquainted with the facts and circumstances of the case related to the inspeaion.
43. Notwithstanding anything con rained in the Code ofcriminal Procedure, 1973, any Investigation offence punishable under this Act may also be investigated into by such authority as the Central Government may speci'fl in this behalf and the authority so specified shall have all the powers which an officer-in-charge of a police station has whiIe making an investigation inta a cognizable offence.
' 44. The prescribed authority shall furnish ro thecentral Government at such time and Returns by in such form and manner such returns and statements as may be prescribed. prescribed authority to Central Governm~nt.
4s. No suit or other legal proceedings shall lie against the Cmtral Government or Pmtcction o f the authority referrad to in section 44 or my o f its officers in respect of any Ioss or damage action taken in caused or likely to be caused by anytbjng which is in good faith done or intended to be BOOdFaith* dons in pursuance of the provisions of this Act or, any rule or order made thereunder.
18 THE GAZETTE OF INDIA EXTMORDINARY [PART 11- Power of 46. The Central Government.may give such directions as it may deem necessaFy to my Central other authority or any person or cl&$ of persons regarding the csnying into execution of the Government to give dircclions. provisions of this Act.
ktegation of 47. The Central Government may, by notification, direct that any of its powers or powcrs. functions under this Act, except power ro m&e rule under m i o n 48, shall, in relalion to such matters and subject to such conditions, if any, may be specified in the notification, be exercised or discharged also by such author@ as may be specified.
Power to 48. ( I ) The Central Government may, by notifitation, make rules Wr carrying out the maLC pravisions of this Act.
(2) In particular, and without prejudice to the generality oftbe foregoing power, such rules may provide for all or any of the Pollowing matters, namely:-
(a) the value of the article which may be specified under sub-clause (i) of ciause
(h) of sub-section ( 1 ) of section 2;
(6) the authority which may be specifid under ciause @) of sub-section (I) of section 2 ;
(c) acceptance or retention of gift or presentation under clause,(d) of section 4;
(4 guidelines specifying the qound. or groundp g?,wv& an organi~ti?? may be specified as an organisation of ppliticd-na~~re'q& &-&on f fi-of &tion 3:
(e) the activities or business which shall be construed as speculative business ~-111 iIcA':.hd > ..J under the proviso to ctause (a) of sub1don.(I):of~dm8[ I...
I , I , . L. . % * .,... 1. _ Ifl the elements and the manner 'in which~ the 'adrn ln i~~~~c i tSes '~s f i~P ' .be . . , I J 'calculated under sub-section (2) o f section 8;
(g) the time within which and the mqnmr ,in w??$yxf ~p g$g@$IBf~f?pf??
.tAhibiarr or an association may be required 10 i p i p i o g , ~ m ; /?& ,RiFRp?~ &6lP ,JiCib.tl ii. contribution received under c l u e (c) oflctidn , . . . 9; . ;,,,, [,, , I ic: ilALl .2i,,,:,l, ht ., , (h) the time within which wd, the,mwer,,h .which any person or class of hos i~ali under penons may be requird to hrn i tb !p$y 'y rgpy$$,.$pfi ,;,, RIl v,, ,, ,', clause (e) af section 9;
t ' , , ' i .Vi<!
(0 the manner in which the copy ofthe order oftheCentral Government shall be served upon any person under 10;. , ' !* 1 1 ~ m ~ ~ l < ~ ~ . ( j l ~ d ~ , l : ' . ) \ b ~ ' l .
, - .*&<A ,' < ,
(i) the Form and manner in which h e applidioa for grant of certificate of ' registration or giving of prior permission under &seot~( -&# of sactian, l29-: I ~ I L ~ ~ L 1 {k) the fee to be accompanied by U. application under sub-section (I) o f 1 section 12; , . . I:. , I ;', - . I . I : : L ~ A ; 1 u l \tib-jdt:ilt,, , I i 1 <,I !
( I ) the terms and conditions for granting a certificate or giving prior permission 1 underclause(g)ofsub-section(flofsstim12; i . . - : 1 I ' - 4
(m) the manner of utilising the foreign contribution un&rslwse(b) @Psi& section (2) of section 13; ' r . . .I I ,,I!., l q l y I .,A.-,- . i t l ~ I. i J ~i l ; ~ l n 6 ~ ~ i ?
(n) the authority with whom thefereipcantributirpnL.Wumden& mcrion(])ofse~tion15; . . ~ . . : b - ~ t * f ~ t , : t ; J t r ~ ~ L L L i s i b \ : ! .
C (0 ) the period within which and the ~ m m e r . in. whichLheL.fordgn contribution shall be managed under subsection 12) of section IS; 1 @) the form and manner in which theapplication fop a renewallofcertifmtuaf regisuation shall be made under sukectiqn (3 o f ~ i o r i l l ~ ; t ~ ~ c i l l : b k ) i l h l l t n i lul cggs1
(q) the fee to be accompanied by the application for renewal of certificate under sub-sectis;r ;; j of section 16;. h i ! . . . it* ~ i 1 4 : l ~ ~ 1 1 , J ~ C I :,111 L # I . li?~' , l i ( I) the premibcd amount of fbreign'romimke,i thelfb&h!d ji&h'k+ ill'wih the foreign remittance received by every bank or authorised person in foreign exchange all & reported under sub-sectionY(2) &w&0nnJ7i. r ;:I ar . ~ o v v l iul tL I I. ~.rtali r L SEC. 11 THE G A Z W E OF WD1A EXTRAORDINARY 19
(s) the time within which and-che Fanner in which the person who has been granted certificate of registration or given prior permission under this Act sball give intimation under section 18;
( r ) the form and manner in which account o f any foreign contribution and the manner in which such contribution has been utilised sbalI be maintabd under section 19;
(ar) the time within which and the manner in which a candidate for election shall give intimation under section 2 I;
(v) the manner and procedure to be fbllowed in disposing of the assets under SeFtion 22;
(w) the limits subject to which any confiswion may be adjudged under clause
(b) of sub-&tion ( I ) of section 29;
(x) the. fee to be accompanied along with ,eveW application for revision under sub-section (5) of section 32;
(y) the form and manner for making of an application for c~rnpounding of an offence qnd fhe fee therefor under sub-section (4) of section 4 1 ;
(Ir) the form and manner in which and the time within which remm and statemnts to be fiunished by the prescribed authority under section 44;
(xu) any other matter which is required to be, m may be, prescribed.
49. Every 9rdl made under section 5 and every rule made by the Gmtral Govwnment i-uh under this Act sh$l be bid, as soon as may be after it is made, before eaeh Howo of Fa::;",?
Parliament while 'rt is in session for rt total period of thirty days which may be comprised in ,one session or in nvo or more successive sessions, and if, before the expiry of the session immediately following the session or the successiw sessions aforesaid, both Houses agree in making any modification in the order or ntle or both Howes agree that the order or rule should not be made, the order or rule shall themafb have e lW only in such modified form or be of no effect, as the cme may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything prwiously .
done under that order M rule.
SO. If the Central Government is of opinion that it is necessary or expedient in the Power to interests of the geneml public so to do, it may, by order and subject to such condiom as mempt in may be specified in the order, exempt my person or association or organisation (not being a ctnain cases.
political party), or any individual (not being a d i d a t e for eldon) from the operation of all or my of the provisions of this Act and may, as often as may be necessary, ravoke or modify such order.
51* Nothing contained in this Act shall apply to my transaction between the Acl nw to apply to c&rtaim Government of India aid the Govenment of any foreign country or territory. .
Oovcmment
52. The provisions of this Act shall be in addition to, and not in derogation of, the AppIication of provisions of any other law for the time being in force. ' otbcr laws no!
1 . 1.11 ' " wedl I,, ,\
53. (1 ) If any difficulty arises in giving e l k t to the provisiom of this ~ c t , ihe Central power. to Government may, by order, published in the Official Gazette, make such provisions not zr,'"Iti..
inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty:
Provided that no order shall be made undw th'is section after the expiry of two yeais I L.:, from the commeament of this Act.
t
(2) Every order made under this section shall be hid, as soon as may be after it.& made, before each House of Padiamenr.
20 THE GAZETTE OF INDIA EXTMORDINARY fPml1-S~:. I ] \ Repeal and 54. (1) The Foreign Contribution (Regulation) Aq$ 1976 (hgreafier.referred to as the 49 of 1976.
saving. repealed Act) is hereby repealed.
(2) Notwithstanding such repeal,- fa) anything done or any action taken or purported to have been done or taken under the r e p l e d Act shaH, in sa far m it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Ad;
(b ) any organisation of a political nature, not beinga political party, to whom the prior permission was granted under section 5 of the repealed Act, shall continue to be ' the organisation ofa political nature, not being a political party, under clause V) ofsub section ( I ) of section 3 of this Act. till such permission is withdrawn by the Central Government;
(c) permission ru accept foreign hospitality gwnted under section 9 of the repealed Act shall be deemed to be the permission granted under section 6 ofthis Act until such permission is withdrawn by the Central Government;
(d) any association prohibited from accepting any foreign contribution under clause (a) of section 10 of the repealed Act, in so far as it knot inconsistent with the provisions ofthis Act, shall be deemed to be an association prohibited feom accepting , any foreign contribution under section 9 of this Act;
(e) penqission obtained under clause (b) of section 1 0 of qe x e ~ l e d , 4 ~ sbqjl, , . , , , . ,,a in so far ag it b not inconsistent with the provisions of this Act, be deemed to be tbe permission until such permission is withdrawn by the Cenml Governmens 0) or&r hued under seclion I2 of the repealed Act shall be deemed to be an order issued under section 1 0 of this Act; . a. I . . .- I I, , , . * . . I
(g) any ofler'issved under section 31 of Ula repealed Act oyampfifig an):
&miation or any individual shall be deemed to be an order under section 50 of this A d till such order is varied or revoked.
I ' I I
(3) Saw as 'in sub-section (21, mention of particular &tws in $a! rpbsection shall not bq held 10 prejudice or affect the general applicati~n ,of section 6 of the General CIausss Act, 1897, with regard to the effect of repeal. . , .. , l o of I 897.
PRIMED BY THE OEMERAL MANAGER. GOVT. OF INDIA PRESS, MINT0 ROAD, NEW D M AND P U B L F W BY TIE CONTROLLER OF PURUCMlONS, DELHI-MIQ.
(NOT IN FORCE AS YET) 7j+@ Xb & ~ 0 0 0 7 / 2 0 0 3 - - i o BEGrSTERED NO. I)L~)O4M007t2003--10 mm JCXTRAQRDiNARY m n - m w 1
PART n - section 1 ~ i l ~ PUBLISHED BY A L J l B O W Tb 54541 m, f&PR 13, 2010/ 22, 1932(-) No. 54) NEW DELEQ MONDAY, DJXXMBER l3,201WA~ANA22,1932 @AKA) ;grrolm*Pr=rpsa~it.smft*mf8i~m~*w#mwKa;l Separate paging i~ given to tbi Part in order that it may be filed as a sepnrate mmplhtion.
RlINLSTRY OF LAW AND JUSTICE (Leghlative Department) New Delhi, the 13th December, 20 1 O/Agrahqwn~ 22,1932 (Sub) The following Act of Parliament received the assent of the President on the 1 1 th December, 20 1 0, and is hereby published for general information:- THE APPROPRIATION (No. 6) ACT, 20 10 No. 45 OF 2010 An Act to provide for the authorisation of appropriation of moneys out of the Consolidated Fund of Indiato meettbe amounts spent on ceW d c e s during* fmanciiyear ended on the 3 1st day ofMarch, 2009, inexcess of the amounts granted for those d c e s andfor that year.
-. BE it enacted by Parliament in the Si-fmt Year ofthe Republic of India as follows:-
1. This Act may be called he Appropriation (No. 6) Act, 20 10. Short title.
2. From and out of tho Consolidated Fund of lndia, the sums spwItied in column 3 of 1012,81,98,117 the Schedule, amounting in the aggregate to the sum of one tbowand Wive mom, eighty- of tbt one lakhs, ninety-eight tbus~nd, one hundred and seventeen rupees shall be deemed to Conaoliu have been authorised to be paid and applied to meet the amowts spent for dehyhg the ~und of tndia charges in respect of the services specified in column 2 of the Schedule during tbe financial m y t year ended an the 3lrt day of March, 2009, b ncors of the amounts w t e d far those zgd:r services and for that year. for the year ended on 31st m day of March,
2009.
2 TWE GAZETTE OF INDIA EXTRAORDINARY ~ARTII- - - Appropriation. 3. The sums deemed to have been atlthorised to be paid and applied from and out of the Consolidated Fund of India under this Act be d d ta have been appropriated for the services and purposes expressed in the Sdwdule in relation to the hmcial year ended on the 3 1 st day of March, 2009.
Sx. 11 THE UAZETTE OF WD1A EXTRAORDINARY 3 THESCJ4lDULE ' (SEE sections 2 and 3) In the L e d Metrology Act, 2009 (No. 1 of 20 IO), as p u b M in the Gazette of India, Exkmrdkwy, Part H, Section 1, dated the 14th January, 2010 (Isme No. I),- 1 No. of vote W XI 3 24 39 54 @ & page 14, line 9, for "52" read "53 ";
@)atpage 14, line 13, fur "52"read "53".
In the Foreign Contribution (Regulation) Act, 20 10 (42 of 201 O), published $ tbe ~ o ~ W r a o r d i n a r y , h t t l J . , S e & n l I ,dr ;r tpd~27th~ ,20 l0 ( IssueN~.51) , - - .
1. At page 9, line 38, for "fithiow", read "fictitious".
2. At page 10,- (0 liae4, for "filed",read"field".
2 Semi- and purposes Mbis tq of Dehnce ..................................... k v m u e Defence Pension$ ................................ -.. .... Revenue Defence Swvices -Air Force ..................... Revenue ........................ h h c e Omlnance Fmories Revenue ..................................................... Pensions Revenue Other ~xpendiaue of the ini is try of Home A£bks ............................................ Revenue TOTAL.. ............
(ii) line 32, for "where is", read "where there is".
3. At page 15, line 33; for "sub-section (c)", reudMclaus'e (c)".
4.At page 18, line 5, for "rule", read "rules".
V. K BHASIN, Sw, ro the Govr. of India 3 PlUNTED BY THE OENEML MAMhGER, GOYT. OF INDIA PKESS. M(KFO ROAD, MEW DBLHl AND PUBtrSiUD BY THE CONTKOtLER OF PUBIJWIONS. D6LHl, 2010.
voted portion kt.
27,49,&1~ 1332,985 610,3659,389 1323,n- 1 63,1409,424 79,39,22,%29 1012,81,98,117 Excess -4 portion Rs.
..
- - T d Rs.
27,49&lz~ +133w85 61U,36,59389 1 3 W w S f J 163,18,09,424 79,3922929 1012,81~117