(IN FORCE WITH EFFECT FROM 157 MAY, 2011)

regi de Ste weA—(w7)04/0007/2003—10 REGISTERED NO. DL—(N)04/0007/2003—10

The Gazette of Gudia

whiten 8 weariira
PUBLISHED BY AUTHORITY
We Si] ag fevett, arran, fea 27, 2010 / siftaa5, 1932
No. 51] NEW DELHI, MONDAY, SEPTEMBER 27, 2010 / ASVINA 5, 1932

Be aT a fier ye we S wre ¢ fred fir ae are der S ST wea wT ae

Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Dethi, the 27th September, 2010/Asvina 5, 1932 (Saka)

The following Act of Parliament received the assent of the President on the
26th September, 2010, and is hereby published for general information:—

THE FOREIGN CONTRIBUTION (REGULATION)

ACT, 2010
No, 42 of 2010
[26th September, 2010.]
AnAct 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 itenacted by Parliament in the Sixty-first Year of the Republic of India as follows:-—

CHAPTER |

PRELIMINARY

1. (/) This Act may be called the Foreign Contribution (Regulation) Act, 2010. Short tile,
extent,
(2) It extends to the whole of India, and it shall also apply to— application
and com-
(a) citizens of India outside India; and mMencement.
 2 THE GAZETTE OF INDIA EXTRAORDINARY [Part [I—

(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 date 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.
Definitions. 2. (/) In this Act, unless the context otherwise requires,—
(a) “association” means an association of individuals, whether incorporated or
not, having an office in India and includes a society, whether registered under the
Societies Registration Act, 1860, or not, and any other organisation, by whatevername 21 of 1860.
called;
(6) “authorised person in foreign exchange” means an authorised person referred
to in clause (c) of section 2 of the Foreign Exchange Management Act, 1999; | | 42 of 1999.

(c) “bank” means a banking company as referred to in clause (Cc) of section 3 of

the Banking Regulation Act, 1949; 10 of 1949.

(d) “candidate for election” means a person who has been duly nominaied a a
candidate for election to any Legislature; : a
(e) “certificate” means certificate of registration granted under sub-section @)
of section 12; i i
(f) “company” shall have the meaning assigned to it under clause (/7) of
Act, 1961;
section 2 of the Income-tax oy HOMN CAM 43 of 1961.

(g) “foreign company” means any company or association or body of individuals) eas
tneonpormted outside India and includes— t hand
({)a foreign company within the meaning of section 591 of the Companies
Act, 1956; |{i 1 of 1956.
i
1
(ii) a company which is a subsidiary of a foreign company, |

(iii) the registered office or principal place of business ofa foreign company:
referred to in sub-clause (i) or company referred to in sub-clause (i/); ~
(iv) a multi-national corporation. mee
Explanation — For the purposes of this sub-clause, a corporation incorpora d
in a foreign country or territory shall be deemed to be a multi-national corporation if
such corporation,—
(a) has a subsidiary or a branch or a place of business in two or more
countries or territories; or |

(6) carries on business, or otherwise operates, in two or more countries |or

territories;

(A) “foreign contribution” means the donation, delivery or transfer made by any
foreign source,— eee
(/) of any article, not being an article given to a person as a gift for his
personal use, if the market value, in India, of such article, on the date ofsuch gil
is not more than such sum as may be specified from time to time, by the Cont
Government by the rules made by it in this behalf;
(ii) of any currency, whether Indian or foreign; nee i
(iii) of any security as defined in clause (A) of section 2 of the Securities
Contracts (Regulation) Act, 1956 and includes any foreign security as define
clause (0) of section 2 of the Foreign Exchange Management Act, 1999.
 i Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

Explanation |_— A donation, delivery or transfer of any article, currency or

foreign security referred to in this clause by any person who has received it from any
foreign source, either directly or through one or more persons, shall also be deemed to
be foreign contribution within the meaning of this clause.
Explanation 2.— The interest accrued on the foreign contribution deposited in
| any bank referred to in sub-section (/) of section 17 or any other income derived from
4 the foreign contribution or interest thereon shall also be deemed to be foreign
i contribution within the meaning of this clause.
{
Explanation 3.— Any amount received, by any person from any foreign source
} in India, by way of fee (including fees charged by an educational institution in India
i from foreign student) or towards cost in lieu of goods or services rendered by such
person in the ordinary course of his business, trade or commerce whether within
India or outside India or any contribution received from an agent of a foreign source
towards such fee or cost shall be excluded from the definition of foreign contribution
within the meaning of this clause;
(/) “foreign hospitality” means any offer, not being a purely casual one, made in
cash or kind by a foreign source for providing a person with the costs of travel to any
foreign country or territory or with free boarding, lodging, transport or medical treatment;

(/) “foreign source” includes,—

(1) the Government of any foreign country or territory and any agency of
such Government;
(ii) any international agency, not being the United Nations or any of its
specialised agencies, the World Bank, International Monetary Fund or such
other agency as the Central Government may, by notification, specify in this
behalf;

(iif) a foreign company;

(#v) a corporation, not being a foreign company, incorporated in a foreign
country or territory;
(v) a multi-national corporation referred to in sub-clause (iv) of clause (g);
_ (vi)a company within the meaning of the Companies Act, 1956, and more
than one-half of the nominal value of its share capital is held, either singly or in
the aggregate, by one or more of the following, namely:—
(A) the Government of a foreign country or territory;
(B) the citizens of a foreign country or territory;

(C) corporations incorporated in a foreign country or territory;

(D) trusts, societies or other associations of individuals (whether
incorporated or not), formed or registered in a foreign country or territory;
Ba (£) foreign company;
(vii) a trade union in any foreign country or territory, whether or not
registered in such foreign country or territory;
(viii) a foreign trust or a foreign foundation, by whatever name called, or
such trust or foundation mainly financed by a foreign country or territory;
(ix) a society, club or other association of individuals formed or rcz istered
ni aeee

outside India;
(x) a citizen of a foreign country;
 THE GAZETTE OF INDIA EXTRAORDINARY (Part I—

(x) “Legislature” means —

(A) either House of Parliament;

(8) the Legislative Assembly of a State, or in the case of a State having a

Legislative Council, either House of the Legislature of that State;
(C) Legislative Assembly of a Union territory constituted under the
Government
of Union Territories Act, 1963; 20 of 1963.

(D) Legislative Assembly for the National Capital Territory of Delhi referred
to in the Government of National Capital Territory of Delhi Act, 1991; 3 1 of 1992.

(£) Municipality as defined in clause (e) of article 243P of the Constitution;

(F) District Councils and Regional Councils in the States of Assam,

Meghalaya, Tripura and Mizoram as provided in the Sixth Schedule to the
Constitution;

(G) Panchayat as defined in clause (@) of article 243 of the Constitution;

or
(#) any other elective body as may be notified by the Central Gov ernment;
{Pagcd
(4 “notification” means notification published in the Official Gazette and the
expression “notify” shall be construed accordingly;
(m) “person” includes—
(/) an individual;
(ii) a Hindu undivided family;
(iif) an association;
(iv) a company registered under section 25 of the Companies Act, 1956: f 1 of 1956,

(1) “political party” means— ett aiees

(/) an association or body of individual citizens of India—
(A) to be registered with the Election Commission of India asa
political party under section 29A of the Representation of the Peopl
Act, 1951; or * 43 of 1951.
Lo Se

(B) which has set up candidates for election to any Legislawure, but —
is not so registered or deemed to be registered under the Election Symbols,
(Reservation and Allotment) Order, 1968; |

(id) a political party mentioned in column 2 of Table | and Table 2 to the

notification of the Election Commission of India No.56/J&K/02, dated ‘the
8th August, 2002, as in force for the time being; and
(o) “prescribed” means prescribed by rules made under this Act;

(p) “prescribed authority” means an authority specified as such by rules mad

by the Central Government under this Act;

(q) “registered newspaper” means a newspaper registered under the Pressand }

Registration of Books Act, 1867: 5 of 1867.

(r) “relative” has the meaning assigned to it in clause (4/) of section 2 of th

Companies Act, 1956;

(s) “scheduled bank” shall have the meaning assigned to it under clause (e
section 2 of the Reserve Bank of India Act, 1934;
 Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5
A
(f) “subsidiary” and “associate” shall have the meanings, respectively assigned
S|\ 1 of 1956. to them in the Companies Act, 1956;

(u) “trade union” means a trade union registered under the Trade Unions
“16 of 1926, Act, 1926;

(2) Words and expressions used herein and not defined in this Act but defined in the
143 of 1950. Representation of the People Act, 1950 or the Representation of the People Act, 1951] or the
43 of 1951. Foreign Exchange Management Act, 1999 shall have the meanings respectively assigned to
“42 of 1999.
Pi them in those Acts.
jf
‘

CHAPTER II
\
REGULATION OF FOREIGN CONTRIBUTION AND FOREIGN HOSPITALITY
{
t 3. (/) No foreign contribution shall be accepted by any—
# Prohibition to
i. accept foreign
(a) candidate for election; contribution,

(4) correspondent, columnist, cartoonist, editor, owner, printer or publisher ofa

registered newspaper;

(c) Judge, Government servant or employee of any corporation or any other

body controlled or owned by the Government;
(d¢) member of any Legislature;
(e) political party or office-bearer thereof:
(/) organisation of a political nature as may be specified under sub-section (/)
of section 5 by the Central Government;

(g) association or company engaged in the production or broadcast of audio

news or audio visual news or current affairs programmes through any electronic
mode, or any other electronic form as defined in clause (r) of sub-section (/) of
of 2000. section 2 of the Information Technology Act, 2000 or any other mode of mass
communication;
(A) correspondent or columnist, cartoonist, editor, owner of the association
or company referred to in clause (g).
Explanation. —In clause (c) and section 6, the expression “corporation” means
a corporation owned or controlled by the Government and includes a Government
company as defined in section 617 of the Companies Act, 1956.

(2) (a) No person, resident in India, and no citizen of India resident outside India, shall
accept any foreign contribution, or acquire or agree to acquire any currency from a foreign
source, on behalf
of any political party, or any person referred to in sub-section (/), or both.
(8) No person, resident in India, shall deliver any currency, whether Indian or foreign,
which has been accepted from any foreign source, to any person if he knows or has reasonable
cause to believe that such other person intends, or is likely, to deliver such currency to any
political party or any person referred to in sub-section (/), or both.
(c) No citizen of India resident outside India shall deliver any currency, whether Indian
or foreign, which has been accepted from any foreign source, to—
ery

(4) any political party or any person referred to in sub-section (/), or

both; or
(ii) any other person, if he knows or has reasonable cause to believe that such
other person intends, or is likely, to deliver such currency to a political party or to any
person referred to in sub-section (/), or both.
 6 THE GAZETTE OF INDIA EXTRAORDINARY [Parr ll—

(3) No person receiving any currency, whether Indian or foreign, froma foreign source
on behalf of any person or class of persons, referred to in section 9, shall deliver such
currency—
(a) to any person other than a person for which it was received, or
(4) to any other person, if he knows or has reasonable cause to believe that such
other person intends, or is likely, to deliver such currency to a person other than the
person for which such currency was received.
Persons to 4, Nothing contained in section 3 shall apply to the acceptance, by any person specified
whom section 3 in that section, of any foreign contribution where such contribution is accepted by him,
shall not apply.
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 working under him, from any foreign source or by way of payment in the
ordinary course of business transacted in India by such foreign source; or

(b) by way of payment, in the course of international trade or commerce, or in the

ordinary course of business transacted by him outside India; or

(c) as an agent of a foreign source in relation to any transaction made by such

foreign source with the Central Government or State Government; or |

(d) by way of a gift or presentation made to him as a member of any Indian

delegation, provided that such gift or present was accepted in accordance with the
rules made by the Central Government with regard to the acceptance or retention,of
such gift or presentation; or

(e) from his relative; or

(/) by way of remittance received, in the ordinary course of business through

any official channel, post office, or any authorised person in foreign exchange under
the Foreign Exchange Management Act, 1999; or 42 of 1999,

(g) by way of any scholarship, stipend or any payment of like nature:

Provided that in case any foreign contribution received by any person specifi ied
under section 3, for any of the purposes other than those specified under this section,
such contribution shall be deemed to have been accepted in contravention of the
provisions of section 3.
Procedure to 5. (/) The Central Government may, having regard to the activities of the organisation
notify an
or the ideology propagated by the organisation or the programme of the organisation or the
organisation
of a political
association of the organisations with the activities of any political party, by an order published
nature. in the Official Gazette, specify such organisation as an organisation of a political nature not
being a political party, referred to in clause (/) of sub-section (/) of section 3:

Provided that the Central Government may, by rules made by it, frame the guidelines
specifying the ground or grounds on which an organisation shall be specified as.an
organisation of a political nature. .

(2) Before making an order under sub-section (/), the Central Government shall give
the organisation in respect of whom the order is proposed to be made, a notice in writing
informing it of the ground or grounds, on which it is proposed to be specified as an organisation
of political nature under that sub-section. s WI

(3) The organisation to whom a notice has been served under sub-section (2), may,
within a period of thirty days from the date of the notice, make a representation to the Central
Government giving reasons for not specifying such organisation as an organisation under
sub-section (/):
 Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY
a

Provided that the Central Government may entertain the

representation after the expiry
of the said period of thirty days, if it is satisfied that
the organisation was prevented by
sufficient cause from making the representation within thirty days.
(4) The Central Government may, ifit considers it appropr
iate, forward the representation
referred to in sub-section (3) to any authority to report on such represe
ntation.
(5) The Central Government may, after considering
the representation and the report of
the authority referred to in sub-section (4), specif
y such organisation as-an organisation of
a political nature not being a political party and make
an order under sub-section (/) accordingly.
; (6) Every order under sub-section (/) shall be made within
twenty days from the date of issue of notice under
a period of one hundred and
sub-section (2):
Provided that in case no order is made within the said
twenty days, the Central Government shall. after record
period of one hundred and
ing the reasons therefor, make an
order under sub-section (/) withina period of sixty
days from the expiry of the said ,:eriod of
one hundred and twenty days.
6. No member of a Legislature or office-bearer ofa politica
l party or Judge or Government
servant or employee of any corporation or any other Restriction on
body owned or controlled by the acceptance of
Government shall, while visiting any Country or territo
fe ry outside India, accept, except with foreign
a the prior permission of the Central Government, any foreign
hospitality: hospitality.
Provided that it shall not be necessary to obtain any such permis
medical aid needed on account
sion for an emergent
of sudden illness contracted during a visit
outside India, but,
where such foreign hospitality has been received,
the person receiving such hospitality
shall give, within one month from the date of receipt
of such hospitality an intimation to the
Central Government as to the receipt of such hospitality, and
the source from which, and the
manner in which, such hospitality was received by him.
7. No person who —
Prohibition I
(a) is registered and granted a certificate or has obtaine
d prior permission under to transfer |
this Act; and foreign
(6) receives any foreign contribution, contribution to
other person.
shall transfer such foreign contribution to any other person
unless such other person is also
registered and had been granted the certificate or obtaine
d the prior permission under this
Act:
Provided that such person may transfer, with the prior
approvalof the Central
Government, a part of such foreign contribution to
any other person who has not been
granted a certificate or obtaine
d permission under this Act in accordance with the rules made
by the Central Government.
8. (/) Every person, who is registered and granted a certific
ate or given prior permission Restriction to
under this Act and receives any foreign contribution,—
utilise foreign
(a) shall utilise such contribution for the purposes for which
the contribution contribution
has been received: for
Provided that any foreign contribution or any income arising administrative
out of it shall not purpose.
be used for speculative business:
Provided further that the Central Government shall, by rules,
specify the activities or
business which shall be construed as Speculative business for
the purpose of this section:
(4) shall not defray as far as possible such sum, not exceedi
ng fifty per cent. of
such contribution, received in a financial year, to meet adminis
trative expenses:
Provided that administrative expenses exceeding
fifty per cent. of such
contribution may be defrayed with prior approval of the
Central Government.
(2) The Central Government may prescribe the elements which
shall be included in the
administrative expenses and the manner in which the administrative expenses
sub-section (/) shall be calculated. referred to in
9. The Central Government may—
Power of
(a) prohibit any person or organisation not specified in section Central
3, from accepting
any foreign contribution; Government to
(b) require any person or class of persons, not specified prohibit receipt
in section 6, to obtain of foreign con-
prior permission of the Central Government before accepti
ng any foreign tribution, ete., in
hospitality; certain cases.
 8 THE GAZETTE OF INDIA EXTRAORDINARY [Parr II—

(c) require any person or class of persons not specified in section 11, to furnish
intimation within such time and in such‘manner as may be prescribed as to the amount
of any foreign contribution received by such person or class of persons as the case
may be, and the source from which and the manner in which such contribution was
received and the purpose for which and the manner in which such foreign contribution
was utilised;
(d) without prejudice to the provisions of sub-section (/) of section 11, require
any person or class of persons specified in that sub-section to obtain prior permission
of the Central Government before accepting any foreign contribution;
(e) require any person or class of persons, not specified in section 6, to furnish
intimation, within such time and in such manner as may be prescribed, as to the receipt
- of any foreign hospitality, the source from which and the manner in which such
hospitality was received:
Provided that no such prohibition or requirement shall be made unless the Central
Government is satisfied that the acceptance of foreign contribution by such person or
class of persons, as the case may be, or the acceptance of foreign hospitality by such
person, is likely to affect prejudicially—
(/) the sovereignty and integrity of India; or
(ii) public interest; or
(ii) freedom or fairness of election to any Legislature; of) 4.) (j)),\.),
(iv) friendly relations with any foreign State; or = BS RALRaUyS
hi th .
(v) harmony between religious, racial, social, linguistic ar regional
groups, castes or communities.
Power 10. Where the Central Government is satisfied, after making such inquiry as it may
to prohibit deem fit, that any person has in his custody or control any article or currency or security, ‘
payment of
whether Indian or foreign, which has been accepted by such person in contravention of any
currency
received in of the provisions of this Act, it may, by order in writing, prohibit such person from paying,
contravention delivering, transferring or otherwise dealing with, in any manner whatsoever, such article or
of the Act. currency or security save in accordance with the written orders of the Central Government
and a copy of such order shall be served upon the person so prohibited in the pr-scribed
manner, and thereupon the provisions of sub-sections (2), (3), (4) and (5) of section 7 of the
Unlawful Activities (Prevention) Act, 1967 shail, so far as may be, apply to, or in relation to, 37 of 1967.
such article or currency or security and references in the said sub-sections to .moneys,
securities or credits shall be construed as references to such article or currency or security.
bay OY Suen
CHAPTER III

REGISTRATION

Registration of 11. (/) Save as otherwise provided in this Act, no person having a definite cultural,
cerlain persons economic, educational, religious or social programme shall accept foreign contribution unless
with Central
such person obtains a certificate of registration from the Central Government:
Government.
Provided that any association registered with the Central Government under section 6
or granted prior permission under that section of the Foreign Contribution (Regulation)
Act, 1976, as it stood immediately before the commencement of this Act, shall be deemed to 49 of 1976.
have been registered or granted prior permission, as the case may be, under this Act and
such registration shall be valid for a period of five years frem the date on which this section
comes into force.
(2) Every person referred to in sub-section (/) may, if it is not seiiiateaes with ie
Central Government under that sub-section, accept any foreign contribution. only. after
1 ib e . li trove in'
 Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY
Sh

obtaining the prior permission of the Central Government and such prior permissi
on shall be
valid for the specific purpose for which it is obtained and from the specific source:
Provided that if the person referred to in sub-sections (/) and (2) has
been found
guilty of violation of any of the provisions of this Act or the Foreign Contribution
(Regulation)
49 of 1976. Act, 1976, the unutilised or unreceived amount of foreign contribution
shall not be utilised or
received, as the case may be, without the prior approval of the Central Government.
Ls

(3) Notwithstanding anything contained in this Act, the Central Governm

ent may, by
Mette

notification in the Official Gazette, specify—

(/) the person or class of persons who shall obtain its prior permissi
earn

on before
accepting the foreign contribution; or
(ii) the area or areas in which the foreign contribution shall be accepted
and
utilised with the prior permission of the Central Government; or
a

(i1/) the purpose or purposes for which the foreign contribution shall
be utilised
with the prior permission of the Central Government: or
iiaie db ere

(iv) the source or sources from which the foreign contribution shall be acce
pted
with the prior permission of the Central Government.
12. (/) An application by a person, referred to in section 11 for grant of certificate or
Grant of
giving prior permission, shall be made to the Central Government in such form
and manner certificate of
and along with such fee, as may be prescribed. TeetTAUDN
Sige

(2) On receipt ofan application under sub-section (/), the Central Government shall,
by an order, if the application is not in the prescribed form or does not contain any
of the
particulars specified in that form, reject the application.
(3) [fon receipt of an application for grant of certificate or giving prior permission
and
after making such inquiry as the Central Government deems fit, it is of the
opinion that the
conditions specified in sub-section (4) are satisfied, it may, ordinarily within ninety
days
from the date of receipt of application under sub-section (/), register such person and grant
him a certificate or give him prior permission, as the case may be, subject to such terms
and
conditions as may be prescribed:
Provided that in case the Central Government does not grant, within
the said period of
ninety days, a certificate or give prior permission, it shall communicate the reasons
therefor
to the applicant:
Provided further that a person shall not be eligible for grant of certificate or giving
prior es
permission, ifhis certificate has been suspended and such suspension of certificate
continues
on the date of making application.
(4) The following shall be the conditions for the purposes of sub-section (3), namely:—
(a) the person making an application for registration or grant of prior permissio
n
under sub-section (/),—
(/) is not fititious or berami;
(ii) has not been prosecuted or convicted for indulging in activities aimed
at conversion through inducement or force, either directly or indirectly, from one
religious faith to another;
(iii) has not been prosecuted or convicted for creating communal tension
or disharmony in any specified district or any other part of the country;
(iv) has not been found guilty of diversion or mis-utilisation of its funds;
(v) is not engaged or likely to engage in propagation of sedition or advocate
violent methods to achieve its ends;
(vi) is not likely to use the foreign contribution for personal gains or divert
it for undesirable purposes;
 10 THE GAZETTE OF INDIA EXTRAORDINARY [Part []—

(vif) has not coniravened any-of the provisions of this Act;

(vif) has not been prohibited from accepting foreign contribution;
(b) the person making an application for registration under sub-section (/) has
undertaken reasonable activity in its chosen filed for the benefit of the society for
which the foreign contribution is proposed to be utilised;
(c) the person making an application for giving prior permission under
sub-section (/) has prepared a reasonable project for the benefit of the society for
which the foreign contribution is proposed to be utilised;
(d) in case the 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 directors or office
bearers has neither been convicted under any law for the time being in force nor any
prosecution for any offence is pending against him;
(/ the acceptance of foreign contribution by the person referred to in sub-
section (/) is not likely to affect prejudicially—
(/) the sovereignty and integrity of India; or
(i) the security, strategic, scientific or economic inregeagot the State; or
(iii) the public interest; or =
(iv) freedom or fairness of election to any Legislature; or
(v) friendly relation with any foreign State; or
(vi) harmony between religious, racial, social, linguistic, regional groups,
castes or communities;
(g) the acceptance of foreign contribution referred to in sub-section (/),—
(i) shall not lead to incitement of an offence; a
(ii) shall not endanger the life or physical safety of any person.
(5) Where the Central Government refuses the grant of certificate or does not give
prior permission, it shall record in its order the reasons therefor and furnish a copy thereof to
the applicant:
Provided that the Central Government may not communicate the reasons for refusal for
grant of certificate or for not giving prior permission to the applicant under this section in
cases where is no obligation to give any information or documents or records or papers
under the Right to Informtion Act, 2005. 22 of 2005.

(6) The certificate granted under sub-section (3) shall be valid for a period of five years
and the prior permission shall be valid for the specific purpose or specific amount of foreign
contribution proposed to be received, as the case may be.
Suspension of 13. (7) Where the Central Government, for reasons to be recorded in writing, is satisfied
certificate.
that pending consideration of the question of cancelling the certificate on any of the grounds
mentioned in sub-section (/) of section 14, itis necessary so to do, it may, by order in writing,
suspend the certificate for such period not exceeding one hundred and eighty days as may
be specified in the order.
(2) Every person whose certificate has been suspended shall —
(a) not receive any foreign contribution during the period of suspension of
certificate:
Provided that the Central Government, on an application made by such person,
if it considers appropriate, allow receipt of any foreign contribution by such person on
such terms and conditions as it may specify;
Ser

Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY

I

(6) utilise, in the prescribed manner, the foreig

n contribution in his custody with
the prior approval of the Central Government
14. (/) The Central Government may, if it is satisfied
after making such inquiry as it may Cancellation of
deem fit, by an order, cancel the certificate
if— certificate,
(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
Pe, false; or
is incorrect or
(4) the holder of the certificate has violated
any of the terms and conditions of
the certificate or renewal thereof: or
A
(c) in the opinion of the Ceniral Government, it
is necessary in the public interest
to cancel the certificate; or
(d) the holder of certificate has violated any of the provis
or order made thereunder: or ions of this Act or rules

(e) if the holder of the

certiticate has not been engaged in any reasonable activit
in its chosen field for the benefit of the societ y
y for two consecutive years or has
become defunct.
(2) No order of cancellation
of certificate under this section shall be made unless
person concerned has been given a reasonable Opport the
unity of being heard.
(3) Any person whose certificate has been cancel
led under this section shall not be
eligible for registration or grant of prior permission
for a period of three years from the date
an

of cancellation of such certificate.

15. (/) The foreign contribution and assets created
out of the foreign contribution in
the custody of every person whose certificate hes Management
been cancelled under section 14 shall vest of foreign con-
in such authority as may be prescribed.
tribution of
(2) The authority referred to in sub-section (/) person whose
may, if it considers necessary and in
public interest, manage the activities of the person certificate has
referred to in that sub-section for such been cancelled.
period and in such manner, as the Central Government
may direct and such authority may
utilise the foreign contribution or dispose of the assets
created out of it in case adequate
funds are not available for running such activity.
(3) The authority referred to in sub-section (/)
shall return the foreign contribution
and the assets vested upon it under that sub-section to
the person referred to in the said
sub-section if such person is subsequently registered
under this Act.
16. (/) Every person who has been granted a certifi
cate under section 12 shall have
** such certificate renewed within six months before the Renewal of
expiry of the period of the certificate, certificate.
(2) The application for renewal of tiie certificate shall be made
to the Central Government
in such form and manner and accompanied by such
fee as may be prescribed.
(3) The Central Government shall renew the certificate,
ordinarily within ninety days
from the date of receipt of application for renewal of certifi
cate subject to such terms and
conditions as it may deem fit and grant a certificate of renewal for a period
of five years:
Provided that in casé the Central Government does not
renew the certificate within the
said period of ninety days, it shall communicate the reasons therefor to the applicant:
Provided further that the Central Government may
refuse to renew the certificate in
case where a person has violated any of the provisions of this Act or rules made thereunder.
CHAPTER IV
ACCOUNTS, INTIMATION, AUDIT AND DISPOSAL OF ASSETS, ETC,
17. (/) Every person who has been granted a
certificate or given prior permission Foreign
under section 12 shall receive foreign contribution
in a single account only through such contribution
one of the branches of a bank as he may specify in
his application for grant of certificate: through
Provided that such person May open one or more accoun scheduled
ts in one or more banks for bank,
utilising the foreign contribution received by him:
- OD EP

RDINARY [Parr Il—

12 THE GAZETTE OF INDIA EXTRAO

ived or
than foreign contribution shall be rece
Provided further that no funds other
.
deposited in such account or accounts rity
t to such autho
on in foreign exchange shall repor
(2) Every bank or authorised pers
as may be specified—
remittance;
(a) prescribed amount of foreign
was received;
which the foreign remittance
(b) the source and manner in
and
(ce) other particulars,
prescribed.
in such form and manner as may be oval under
granted a certificate or given prior appr
18. (/) Every person who has been ed, an intimation
Intimation.
and in such manner as may be prescrib
this Act shall give, within such time by the Central
other authority as may be specified
to the Central Government, and such the source from
foreign contribution received by it,
Government, as to the amount of each the purposes for
foreign contribution was received, and
which and the manner in which such him.
foreign contribution was utilised by
which, and the manner in which such a statement
contribution shall submit a copy of
(2) Every person receiving foreign fied by officer of
foreign contribution received duly certi
indicating therein the particulars of to the Central
ign exchange and furnish the same
the bank or authorised person in fore ion (/). os =
mation under sub-sect
Government along with the inti oval under this
ted a certificate or given prior appr
Maintenance 19. Every person who has been gran prescribed,— mee
er as may be
of accounts, Act shall maintain, in such form and mann —
tion received by him; and
(a) an account of any foreign contribu
been utilised
in which such contribution has
(b) a record as to the manner
by him.
permission,
granted a certificate or given prior
20. Where any person who has been for or the intimation
Audit of
sh any inti mati on unde r this Act within the time specified there
fails to furni such intimation, the
with law or if, after inspection of
accounts.
so furnished is not in accordance n of this Act has
le cause to believe that any provisio
Central Government has any reasonab ral or speci“! order,
Central Government may, by gene
been, or is being, contravened, the Government or any
ing a Group A post under the Central
authorise such gazetted officer, hold any books of account
tion, as it may think fit, to audit
other officer or authority or organisa cer shall have the rightto
on and thereupon every such offi
kept or maintained by such pers after sunrise, for ‘the
reasonable hour, before sunset and
enter in or upon any premises at any i ‘
account:
purpose of auditing the said books of confidential and
ined from such audit shall be kept
Provided that any information obta
ithe purposes of this Act.
shall not be disclosed except for ribution, at any
who had received any foreign cont
21, Every candidate for election, the date on which he is duly
days immediately preceding
intimation by”
candidate for time within one hundred and eighty in such mann er as may be
give, within such time and
election. nominated as such candidate, shall ed auth orit y or both as to the
inti mati on to the Cent ral Gov ernment or prescrib
prescribed, an the manner in
ign cont ribu tion rece ived by him, the source from which, and
amount of fore and the manner in
fore ign cont ribu tion was rece ived and the purposes for which
which, such iy aN
was utilised by him.
which such foreign contribution
tion! under this
permitted to accept foreign contribu
22. Where any person who was such person shall be disposed
Disposal of ome defunct, all the assets of
Act, ceases to exist or has bec force under
assets created
ce with the prov isio ns cont aine d in any law for the time being in
out of foreign of in accordan of any, such law, the
contribution. on was regi ster ed or incorporated, and in the absence
which the pers created out, of foreign
may, havi ng regard to the nature of assets
Central Gov ern men t such assets shall be
tion rece ived unde r this Act, by notification, specify that all,
contribu er and procedure as may be
osed off by such auth orit y, as it may specify, in such mann
disp
prescribed.
 Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13

CHAPTER V
INSPECTION, SEARCH AND SEIZURE
23, If the Central Government has, for any reason, to be recorded in writing, any Inspection
of
ground to suspect that any provision of this Act has been or is being, contravened by— — accounts or
records.
(a) any political party; or
(6) any person; or
(c) any organisation; or
(d) any association,
it may, by general or special order, authorise such gazetted officer, holding a Group
A post
under the Central Government or such other officer or authority or organisation, as it may
eros

think fit (hereinafter referred to as the inspecting officer), to inspect any account or record
Wen

maintained by such political party, person, organisation or association, as the case may be,
athe

and thereupon every such inspecting officer shall have the right to enter in or upon any
premises at any reasonable hour, before sunset and after sunrise, for the purpose of inspecting
the said account or record.
24. If after inspection of an account or record referred to in section 23, the inspecting Seizure of
officer has any reasonable cause to believe that any provision of this Act or of any other law #¢counts or
relating to foreign exchange has been, or is being, contravened, he may seize such account ‘*°°"4s-
or record and produce the same before the court, authority or tribunal in which any proceeding
is brought for such contravention:
Provided that the authorised officer shall return such account or record to the person
from whom it was seized if no proceeding is brought within six months from the date of such
seizure for the contravention disclosed by such account or record.
25. If any gazetted officer, authorised in this behalf by the Central Government by Seizure of
general or special order, has any reason to believe that any person has in his possession or panini 5
control any article exceeding the value specified in sub-clause (4) of clause (A) of sub- security
section (/) of section 2 or currency or security whether Indian or foreign, in relation to received in
which any provision of this Act has been or is being, contravéned, he may seize such contravention
.
article or currency or security.
.
afte ae t,

26. (/) The Central Government, may, having regard to the value of article or currency Disposal of
or security, their vulnerability to theft or any relevant consideration, by notification, specify Seized article
such article or currency or security which shall, as soon as may be after their seizure, be a is
disposed of by such officer and in such manner, as the Central Government may, from time
to time, determine after following the procedure hereinafter specified.
(2) The article or currency or security seized shall be forwarded 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 officer referred to in sub-section (/), shall prepare an inventory of such article or
currency or security containing such details relating to their description, value or such
other identifying particulars as the officer referred to in that sub-section may consider relevant
to the identity of the article or the currency or security and make an application to any
Magistrate for the purposes of certifying the correctness of the inventory so prepared.
(4) Where an application is made under sub-section (2), the Magistrate shall, as
-soon as may be, allow the application.
1 of 1872. (5) Notwithstanding anything contained in the Indian Evidence Act, 1872 or the Code
2 of 1974. of Criminal Procedure, 1973, every court trying an offence under this Act, shall treat the
inventory, as certified by the Magistrate, as primary evidence in respect of such offence.
(6) Every officer acting under sub-section (3) shall forthwith report the seizure to the
Court of Session or Assistant Sessions Judge having jurisdiction for adjudging the
confiscation under section 29.
 aR

14 THE GAZETTE OF INDIA EXTRAORDINARY

[Parr [I—

Seizure to be 27. The provisions of the Code of Criminal

made in accor- Procedure, 1973 shall apply in so faras they
are not inconsistent with the provisions of this
dance with Act Act to all seizures made under this Act.
2 of 1974,

CHAPTER VI

ADJUDICATION
« Confiscation 28. Any article or currency or security which
of article or is seized under section 25 shall be liable
to confiscation if such article or currency or
currency or security has been adjudged under section 29
have been received or obtained in contravent to
security ion of this Act.
obtained in
contravention
of the Act.

Adjudication of 29. (/) Any confiscation referred to in sectio

confiscation. n 28 may be adjudged—
(a) without limit, by the Court of Session within
the local limits of whose
Jurisdiction the seizure was made: and

(6) subject to such limits as may be prescribed,

by such officer, not below the
rank ofan Assistant Sessions Judge, as the Centra
l Government may, by notification in
the Official Gazette, specify in this behalf.

(2) When an adjudication under sub-section (/)

is concluded by the Court of Session
or Assistant Sessions Judwe, as the case may
be, the Sessions Judge or Assistant Sessions
Judge may make such order as he thinks fit for the
disposal by confiscation or delivery of
seized article or currency or security, as the case
may be, to any person claiming to be entitled
to possession thereof or otherwise, or which has been
used for the commission of any
offence under this Act.

Procedure for 30. No order of adjudication of confiscation

confiscation. shall be made unless a reasonable
opportunity of making a representati on against such
confiscation has been given to the
person from whom any article or Currency or securit
y has been seized,

CHAPTER VII
APPEAL AND REVISION
Appeal. 31. (/) Any person aggrieved by any order made
under section 29 may prefer an
appeal,—

(a) where the order has been. made by the Court of Sessio
n, to the High Court to
which such Court is subordinate: or

(4) where the order has been made by any officer specifi
ed under clause (6) of
sub-section (/) of section 29, to the Court of Session within
the local limits of
whose jurisdiction such order of adjudication of confisc
ation was made,
within one month from the date of communication to such
person of the order:
Provided that the appellate court may, if it is satisfied that
the appellant was prevented
by sufficient cause from preferring th appeal within the said period of one month, allow
~ such appeal to be preferred within a further period of one
month, but not thereafter,
(2) Any organisation referred to in clause (/) of sub-section
(/) of section 3, or any
person or association referred to in section 6 or section 9, aggriev
ed by an order made in
pursuance of section 5 or by an order of the Central Government
refusing to give permission
under this Act, or by any order made by the Central Government under
sub-section (2) or
sub-section (4) of section 12, or sub-section (/) of section 14, as the
case may be, may, within
sixty days from the date of such order, prefer an appeal against such
order to the High Court
 Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 15

within the local limits of whose jurisdiction the appeilant ordinarily resides or carries on
business or personally works for gain, or, where the appellant is an organisation or association,
the principal office of such organisation or association is located.
(3) Every appeal preferred under this section shall be deemed to be an appeal from an
original decree and the provisions of Order XLI of the First Schedule to the Code of Civil
5 of 1908. Procedure, 1908, shall, as far as may be, apply thereto as they apply to an appeal from an
original decree, r
32. (/) The Central Government may, either of its own motion or on an application for
ebiatinesi ein

Revision of
revision by the person registered under this Act, call for and examine the record of any orders by
proceeding under this Act in which any such order has been passed by it and may make such Central
Government.
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
(2) The Central Government shall not of iis own motion revise any order under this
section if the order has been made more than one year previously.
(3) In the case of an application for revision under this section by the person referred
to in sub-section (/), the application must be made within one year from the date on which
the order in question was communicated to him or the date on which he otherwise came to
know of it, whichever is earlier:

Provided that the Central Government may, if it is satisfied that such person was
prevented by sufficient cause from making the application within that period, admit an
application made after the expiry of that period.

(4) The Central Government shall not revise any order where an appeal against the
order lies but has not been made and the time within which such appeal may be made has not
expired or such person has not waived his right of appeal or an appeal has been filed under
this Act.

(5) Every application by such person for revision under this section shall be
accompanied by such fee, as may be prescribed.

Explanation.— An order by the Central Government declining to interfere shall, for

the purposes of this section, be deemed not to be an order prejudicial to such persom

CHAPTER VILL
OFFENCES AND PENALTIES
33, Any person, subject to this Act, who knowingly, — Making of false
statement,
(a) gives false intimation under sub-section (¢) of section 9 or section 18; or declaration or
delivering false
(6) seeks prior permission or registration by means of fraud, false representation accounts,
or concealment of material fact, .
shall, on conviction by a court, be liable to imprisonment for a term which may extend to six
months or with fine or with both.
34. If any person, on whom any prohibitory order has been served under section 10, Penalty for
pays, delivers, transfers or otherwise deals with, in amy manner whatsoever, any article or article or
currency or:
currency or security, whether Indian or foreign, in contravention of such prohibitory order,
security
he shall be punished with imprisonment for a term which may extend to three years, or obtained in
with fine, or with both; and notwithstanding anything contained in the Code of Criminal contravention
2 of 1974. Procedure, 1973, the court trying such contravention may also impose on the person convicted of section 10.
an additional fine equivalent to the market value of the article or the amount of the currency
or security in respect of which the prohibitory order has been contravened by him or such
part thereof as the court may deem fit.
 16 THE GAZETTE OF INDIA EXTRAORDINARY {Parr II—

Punishment for 35. Whoever accepts, or assists any person, political party or organisation in accepting,
contravention any foreign contribution or any currency or security froma foreign source, in contravention
of any provi-
sion of the Act.
of any provision of this Act or any rule or order made thereunder, shall be punished with
imprisonment for
a term which may extend to five years, or with fine, or with both.
Power lo 36. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the 2 of 1974.
impose addi- court trying a person, who, in relation to any article or currency or security, whether Indian
tional fine or foreign, does or omits to do any act which act or omission would render such article or
where article or
currency or
currency or security liable to confiscation under this Act, may, in the event of the conviction
security is not of such person for the act or omission aforesaid, impose on such person a fine not exceeding
available for five times the value of the article or currency or security or one thousand rupees, whichever
confiscation. is more, if such article or currency or security is not available for confiscation, and the fine so
imposed shall be in addition to any other fine which may be imposed on such person under
this Act.
Penalty — for 37. Whoever fails to comply with any provision of this Act for which no separate
offences where penalty has been provided in this Act shall be punished with imprisonment for a term which
no separate
punishment has may extend to one year, or with fine or with both.
been provided.

Prohibition of 38. Notwithstanding anything contained in this Act, whoever, having been convicted
acceptance of
of any offence under section 35 or section 37, in so far as such offence relates to the
foreign
contribution. acceptance or utilisation of foreign contribution, is again convicted of such offence shall
not accept any foreign contribution for a period of five years from the date of the subsequent
conviction. OL UEEVEDEC
Offences by 39. (/) Where an offence under this Act or any rule or order made thereunder has been
companies. committed by a company, every person who, at the time the offence was committed, was in
charge of, and was responsible to, the company for the conduct of the business,of the
company, as well as the company, shall be deemed to be guilty of the offence. and shall b e
liable to be proceeded against and punished accordingly:
Lise Or
Provided that nothing contained in this sub-section shall render such person liable to
any punishment if he proves that the offence was committed without his knowledg or e.
that
he had exercised all due diligence to prevent the commission of such offence..©. ic ©. -
*(2) Notwithstanding anything contained in sub-section (/), where an offence under
this Act or any rule or order made thereunder has been committed by a company and it'is
proved that the offence has been committed with the consent or connivance of, or is
attributable to any neglect on the part of, any director, manager, secretary or other officer
of the company, such director, manager, secretary or other officer shall also be deemed to
be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.—For the purposes of this section,—
(a) “company” means any body corporate and includes a firm, society, trade
union or other association of individuals; and Nidal
a Dhow
. (6) “director”, in relation to a firm, society, trade union or other association,
of individuals, means a partner in the firm or a member of the governing, body of
such society, trade union or other association of individuals.
Bar on 40. No court shall take cognizance of any offence under this Act, except with the,
prosecution previous sanction of the Central Government or any officer authorised by that Government
of offences
under the Act. in this behalf. oss OF ihe

Composition 41. (/) Notwithstanding anything contained in the Code of Criminal Procedure; 1973, 2 of 1974.
of certain any offence punishable under this Act (whether committed by an individual or association or
offences.
any officer or employee thereof), not being an offence punishable with imprisonment only,
may, before the institution of any prosecution, be compounded by such officers or authorities
and for such sums as the Central Government may, by notification in the Official Gazette,
specify in this behalf.
Wwe}
 atte.
aoe
ee

Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 17

erect Eee

(2) Nothing in sub-section (/) shall apply to an offence committ

ed by an individual or
association or its officer or other employee within a period of
three years from the date on
‘which a similar offence committed by it or him was compounded
a pence

under this section.

Explanation.— For the purposes of this section, any second or
subsequent offence
committed after the expiry of a period of three years from the date on which
the offence was
previously compounded, shall be deemed to be a first offence,
(3) Every officer or authority referred to in sub-section (/) shall exercise
ia

the powers to
compound an offence, subject to the direction, control and supervision of the Central
Government,
(4) Every application for the compounding of an offence shall be made
to the officer
or authority referred to in sub-section (/) in such form and manner along
iL

with such fee as

may be prescribed.
(5) Where any offence is compounded before the institution
of any prosecution, no
prosecution shall be instituted in relation to such offence, against
the offender in relatior. to
whom the offence is so compounded.
(6) Every officer or authority referred to in sub-section (/), while dealing with a
proposal
for the compounding of an offence for a default in compliance with any provision
of this Act
which requires by an individual or association or its officer or other employee
to obtain
permission or file or register with, or deliver or send to, the Central
Government or any
=e

prescribed authority 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
8

employee ta file or
register with, such return, account or other document within such time
as may be specified in
sits

the order.

CHAPTER IX
MISCELLANEOUS
‘ 42. Any inspecting officer referred to in section 23 who is authorised in this
behalfby Power to
the Central Government may, during the course of any inspection of any
wo -_ : eg
account or record “al! for
maintained by any political party, person, organisation or .associati
#78 a F
on in connection with information
the or document.
contravention
dthincet:

of any provision of this Act, —

(a) call for information from any person for the purpose of satisfyin
g himself
whether there has been any contravention of the provisions of this Act or
rule or 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 casé
related to the inspection.
, ’ of 1974, 43. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any Investigation
‘ offence punishable under this Act may also be investigated into by such authority
as the a rhe A ;
Central Government may specify in this behalf and the authority so specified shall
have all “"°*" Me Act.
: the powers which an officer-in-charge of a police station has while making
an investigation
; into a cognizable offence.
4
44. The prescribed authority shall furnish to the Central Government at such time and Returns by
P in such form and manner such returns and statements as may be prescribed.
By prescribed
4 . authority to
: Central
Government.
45. No suit or other legal proceedings shall lie against the Central Governme
nt or Protection of
the authority referred to in section 44 or any of its officers in respect of any loss oi damage
ction taken in
caused or likely to be caused by anything which is in good faith done or intended to be
8° faith.
done in pursuance of the provisions of this Act or, any rule or order made thereunder
,
re Se ie

18 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—

Power of 46. The Central Government may give such directions as it may deem necessary to any
Central other authority or any person or class of persons regarding the carrying into execution of the
Government to
give directions.
provisions of this Act.

Delegation of 47. The Central Government may, by notification, direct that any of its powers or
powers. functions under this Act, except power to make rule under section 48, shall, in relation to
such matters and subject to such conditions, if any, may be specified in the notification, be
exercised or discharged also by such authority as may be specified.
Power to 48. (/) The Central Government may, by notification, make rules for carrying out the
make rules. provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:—
(a) the value of the article which may be specified under sub-clause (/) of clause
(A) of sub-section (/) of section 2;
(6) the authority which may be specified under clause (p) of sub-section (/) of
section 2;
(c) acceptance or retention of gift or presentation under clause (da) of section 4;
(d) guidelines specifying the ground or grounds on which an organisation may
be specified as an organisation of political nature under sub-section (/) of section 5;
(e) the activities or business which shall be construed as speculative business
under the proviso to clause (a) of sub-section (2).of section.8ye ei) nesessai I

(/) the elements and the manner in which the administrative expenses shall be
calculated under sub-section (2) of section 8;

(g) the time within which and the manner in which any person or class of persons
or an association may be required to furnish intimation regarding the amount of foreign
contribution received under clause (c) of section 9; ; ; set bes
(h) the time within which and the manner. in which any person or class of
persons may be required to furnish intimation regarding foreign hospitality under
clause (e) of section 9; ee Thics TOP Car hyiiig Mt
be
(4) the manner in which the copy of the order of the Central Government shall I
Oy wll I Wel, Ske .
served upon any person under section 10; Falk
of
(/) the form and manner in which the application for grant of certificate
registration or giving of prior permission under sub-secti on (/) of section 123.)

(k) the fee to be accompanied by the application under sub-section (/) of

>4o) ol sub-
section 12;
()) the terms and conditions for granting a certificate or giving prior permission
' pitsea led Fat 4
under clause (g) of sub-section (4) of section 12;
(im) the manner of utilising the foreign contribution under clause (6) of sub-
F i . ction (.) ol see 5
section (2) of section 13;
(n) the authority with whom the foreign contribution.to- be.wested under sub-
section (/) of section 15; i

(0) the period within which and the manner in. which the foreign contribution
shall be managed under sub-section (2) of section 15;

(#) the form and manner in which the application for a renewal of certificate of
16ji) Hiioui oi ee)
registration shall be made under sub-section (2) of section:
under
(q) the fee to be accompanied by the application for renewal of certificate
section 16; wy persoal ia
sub-sectici (2) of
(r) the prescribed amount of foreign remittance, the form and manner in which
the foreign remittance received by every bank or authorised person in foreign exchange
028 al Goveramicn. «fall be
“shall be reported under sub-section (2) of section. 17;.
 Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 19

(s) the time within which and the manner in which the person who has been
granted certificate of registration or given prior permission under this Act shall give
intimation under section 18:
(1) the form and manner in which account of any foreign contribution and
the manner in which such contribution has been utilised shall be maintained under
section 19;

(u) the time within which and the manner in which a candidate for election shall
give intimation under section 21;
(v) the manner and procedure to be followed in disposing of the assets under
section 22:

(w) the limits subject to which any confiscation may be adjudged under clause
Sere en

(4) of sub-section (/) of section 29:

(x) the fee to be accompanied along with every application for revision under
sub-section (5) of section 32:
ay

(v) the form and manner for making of an application for compounding of an
offence and the fee therefor under sub-section (4) of section 41 ‘

(2) the form and manner in which and the time within which returns and statements
to be furnished by the prescribed authority under section 44;
2a) any other matter which is required to be, or may be, prescribed.
49. Every order made under section 5 and every rule made by the Central Government Orders and rules
under this Act shall be laid, as soon as may be after it is made, before each House of to be laid before
Parliament while it is in session for a total period of thirty days which may be comprised Parliament,
Se

in one session or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions aforesaid, both
ace

Houses agree in making any modification in the order or rule or both Houses agree that
the order or rule should not be made, the order or rule shall thereafter have effect only in
etpic

such modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously
done under that order or rule.
dca bs

30. If the Central Government is of opinion that it is necessary or expedient in the Power to
interests of the general public so to do, it may, by order and subject to such conditions as exempt in
may be specified in the order, exempt any person or association or organisation (not beinga certain cases.
political party), or any individual (not being a candidate for election) from the operation of all
or any of the provisions of this Act and may, as often as may be necessary, revoke or
modify such order.
51. Nothing contained in this Act shall apply to any transaction between the Act not to
Government of India and the Government of any foreign country or territory. apply to certain
Government
transactions,

52. The provisions of this Act shall be in addition to, and not in derogation of, the Application of
provisions of any other law for the time being in force. other laws not
barred. :
33. (/) Ifany difficulty arises in giving effect to the provisions of this Act, the Central Power to
Government may, by order, published in the Official Gazette, make such provisions not remove
inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulties.
pense)

difficulty:
Provided that no order shall be made under this section after the expiry of two years
eae

from the commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is
made, before each House of Partiament.
Sie
earls ee TA
 20 THE GAZETTE OF INDIA EXTRAORDINARY [Parr [I—Sec. 1]

Repeal and 54. (/) The Foreign Contribution (Regulation) Act, 1976 (hereafter referred to as the 49 of 1976.
Saving. repealed Act) is hereby repealed.
(2) Notwithstanding such repeal,
(a) anything done or any action taken or purported to have been done or taken
under the repealed Act shall, in so far as it is not inconsistent with the provisions of
this Act, be deemed to have been done or taken under the corresponding provisions of
this Act;
(6) any organisation of a political nature, not being a political party, to whom the
prior permission was granted under section § of the repealed Act, shall continue to be
the organisation ofa political nature, not being a political party, under clause (/) of sub-
section (/) of section 3 of this Act, till such permission is withdrawn by the Central
Government;
(c) permission to accept foreign hospitality granted under section 9 of the repealed
Act shall be deemed to be the permission granted under section 6 of this Act until such
permission is withdrawn by the Central Government;
(@) any association prohibited from accepting any foreign contribution under
clause (a) of section 10 of the repealed Act, in so far as it is not inconsistent with the
provisions of this Act, shall be deemed to be an association prohibited from accepting
any foreign contribution under section 9 of this Act;
(e) permission obtained under clause (4) of section 10 of the repealed Act shall,
in so far as it is not inconsistent with the provisions of this Act, be deemed to be the
permission until such permission is withdrawn by the Central Government;
(/) any order issued under section 12 of the repealed Act shall be deemed to be an
order issued under section 10 of this Act;

(g) any order issued under section 31 of the repealed Act exempting any
association or any individual shall be deemed to be an order under section 50 of this
Act till such order is varied or revoked.

(3) Save as provided in sub-section (2), mention of particular matters in that sub-
section shall not be held to prejudice or affect the general application of section 6 of the
General Clauses Act, 1897, with regard to the effect of repeal. 10 of 1897.

V.K. BHASIN,
Secy. fo the Govt. of India.

PRINTED BY THE GENERAL MANAGER, tiOVT. OF INDIA PRESS, MINTO ROAD, NEW DELHI AND
PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-2010

GMGIPMRND—4639GI($3)—25-09-2010.
 (NOT IN FORCE AS YET)

tart de Sto Weie—(U1)04/0007/2003—10 REGISTERED NO. DL—(N)04/0007/2003—10

VR a Usa
The Gazette of Gudia PATS]
EXTRAORDINARY
wT — a i
PART Ii — Section 1
wife @ werriera
PUBLISHED BY AUTHORITY

de 54] ag fecetl, drrare, fea 13, 2010/ STAT 22, 19320 TF)
No, 54] NEW DELHI, MONDAY, DECEMBER 13, 2010/AGRAHAYANA 22, 1932 (SAKA)

Fa ar a FT Ps Sor at nel & fared fee ae Herr Mert H ST A TaN as

compilation.
Separate paging is given to this Part in order that it may be filed as a separate

MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 13th December, 2010/Agrahayana 22, 1932 (Saka)

The following Act of Parliament received the assent of the President on the
on:—
11th December, 2010, and is hereby published for general informati

THE APPROPRIATION (No. 6) ACT, 2010

No. 45 oF 2010
[11th December, 2010]

An Act to provide for the authorisation of appropriation of moneys out of the

Consolidated Fund of India to meet the amounts spent on certain services
of
during the financial year ended on the 31st day of March, 2009, in excess
the amounts granted for those services and for that year.
follows:—
Be it enacted by Parliament in the Sixty-first Year of the Republic of India as
Short title.
1. This Act may be called the Appropriation (No. 6) Act, 201 0.
3 of Issue of Rs.
2. From and out of the Consolidated Fund of India, the sums specified in column
the sum of one thousand twelve crores, eighty- wert —
the Schedule, amounting in the aggregate to
be deemed to Consolidated
one lakhs, ninety-eight thousand, one hundred and seventeen rupees shall
spent for defraying the Fund of India
have been authorised to be paid and applied to meet the amounts
in column 2 of the Schedule during the financial ‘9 meet
charges in respect of the services specified
for those Sonain UXeks®
year ; ended on the 31st day of March, 2009, in excess of the amounts granted expenditure
for the year
services and for that year.
ended on 3ist
day of March,
2009.
 O
THE GAZETTE OF INDIA EXTRAORDINARY [Part TI—

io)
Appropriation. 3. The sums deemed to have been authorised to be paid and applied from and out of
the Consolidated Fund of India under this Act shall be deemed to have been appropriated for
the services and purposes expressed in the Schedule in relation to the financial year ended
on the 31st day of March, 2009.
Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY

‘THE SCHEDULE
(See sections 2 and 3)

1 2 3
Excess
No. of Services and purposes Voted Charged
Vote portion portion

Rs. Rs.

19 | Ministry of Defence 0.0... cccsscseeeeeseaeeees Revenue 27,49,86, 122

20 | Defence Pensions ............:c0ceseeeeeeeees Revenue 13,32,985
23 | Defence Services — Air Force Revenue 610,36,59,389 610,36,59,389
24 | Defence Ordnance Factories............ Revenue 132,24,87,268 132,24,87,268

39 | PensiONS ........ceceeesereeeeereee ceuvunesseeseneesee Revenue 163,18,09,424 163,18,09,424

54 | Other Expenditure of the Ministry of

Home Affairs oo... ccccesecsteceeeseeeeeseeneceee Revenue 79,39,22,929 .
TOTAL. eee 1012,81,98,117 “ 1012,81,98,117

CORRIGENDA

In the Legal Metrology Act, 2009 (No. lof 2010), as published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 14th January, 2010 (Issue No. 1),—

(i) at page 14, line9, for “S52” read “53”;

(ii)
at page 14, line 13, for “52” read “53”.

CORRIGENDA

In the Foreign Contribution (Regulation) Act, 2010 (42 of 2010), published in the
Gazette of India, Extraordinary, Part II, Section |, dated the 27th September, 2010 (Issue No. 51),—
1,At page 9, line 38, for “fititious”, read “fictitious”.
2. At page 10,—
(i) line 4, for “filed”, read “field”’.
(ii) line 32, for “where is”, read “where there is”.

3. At page 15, line 33, for “sub-section (c)”, read “clause (c)”.
4. At page 18, line 5, for “rule”, read “rules”.

V.K. BHASIN,
Secy. to the Govt. of India.

PRINTED BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS, MINTO ROAD, NEW DELHI
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 2010.

GMGIPMRND—5935GI(S3)—14-12-2010.