The Foreign Contribution (Regulation) Act 2010

ACT NO. 42 OF 2010 [26th September, 2010.]

An Act to consolidate the law to regulate the acceptance and utilisation of foreign contribution or foreign hospitality by certain individuals or associations or companies and to prohibit acceptance and utilisation of foreign contribution or foreign hospitality for any activities detrimental to the national interest and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:-

CHAPTER I PRELIMINARY

Section 1. Short title, extent, application and commencement.

(1) This Act may be called the Foreign Contribution (Regulation) Act, 2010.

(2) It extends to the whole of India, and it shall also apply to-

(a) citizens of India outside India; and

(b) associate branches or subsidiaries, outside India, of companies or bodies corporate, registered or incorporated in India.

(3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint:

Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

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1. 1st May, 2011, vide notification No. S.O. 909(E), dated 29th April, 2011, see Gazette of India, Extraordinary, Part II, sec. 3(ii).

 

 

 

Section 2 Definitions

CHAPTER II REGULATION OF FOREIGN CONTRIBUTION AND FOREIGN HOSPITALITY

Section 3 Prohibition to accept foreign contribution

Section 4 Persons to whom section 3 shall not apply

Section 5 Procedure to notify an organisation of a political nature

Section 6 Restriction on acceptance of foreign hospitality

Section 7 Prohibition to transfer foreign contribution to other person

Section 8 Restriction to utilise foreign contribution for administrative purpose

Section 9 Power of Central Government to prohibit receipt of foreign contribution, etc., in certain cases

Section 10 Power to prohibit payment of currency received in contravention of the Act

 

CHAPTER III REGISTRATION

Section 11 Registration of certain persons with Central Government

Section 12 Grant of certificate of registration

Section 13 Suspension of certificate

Section 14 Cancellation of certificate

Section 15 Management of foreign contribution of person whose certificate has been cancelled

Section 16 Renewal of certificate

 

 

 

CHAPTER IV ACCOUNTS, INTIMATION, AUDIT AND DISPOSAL OF ASSETS, ETC.

Section 17 Foreign contribution through scheduled bank

Section 18 Intimation

Section 19 Maintenance of accounts

Section 20 Audit of accounts

Section 21 Intimation by candidate for election

Section 22 Disposal of assets created out of foreign contribution

 

CHAPTER V INSPECTION, SEARCH AND SEIZURE

Section 23 Inspection of accounts or records

Section 24 Seizure of accounts or records

Section 25 Seizure of article or currency or security received in contravention of the Act

Section 26 Disposal of seized article or currency or security

Section 27 Seizure to be made in accordance with Act 2 of 1974

 

CHAPTER VI ADJUDICATION

Section 28 Confiscation of article or currency or security obtained in contravention of the Act

Section 29 Adjudication of confiscation

Section 30 Procedure for confiscation

 

CHAPTER VII APPEAL AND REVISION

Section 31 Appeal

Section 32 Revision of orders by Central Government

 

CHAPTER VIII OFFENCES AND PENALTIES

Section 33 Making of false statement, declaration or delivering false accounts

Section 34 Penalty for article or currency or security obtained in contravention of section 10

Section 35 Punishment for contravention of any provision of the Act

Section 36 Power to impose additional fine where article or currency or security is not available for confiscation

Section 37 Penalty for offences where no separate punishment has been provided

Section 38 Prohibition of acceptance of foreign contribution

Section 39 Offences by companies

Section 40 Bar on prosecution of offences under the Act

Section 41 Composition of certain offences

 

CHAPTER IX MISCELLANEOUS

Section 42 Power to call for information or document

Section 43 Investigation into cases under the Act

Section 44 Returns by prescribed authority to Central Government

Section 45 Protection of action taken in good faith

Section 46 Power of Central Government to give directions

Section 47 Delegation of powers

Section 48 Power to make rules

Section 49 Orders and rules to be laid before Parliament

Section 50 Power to exempt in certain cases

Section 51 Act not to apply to certain Government transactions

Section 52 Application of other laws not barred

Section 53 Power to remove difficulties

Section 54 Repeal and saving

The Foreign Contribution (Regulation) Amendment Act 2020