4 - Foreign Contribution Regulation Act

11-12-2022
FOREIGN CONTRIBUTION
REGULATION ACT,2010
OVERVIEW
Administration Came into force on Rules
1st May 2011

Foreign Contribution (Regulation) Rules, 2011
CA MAYUR AGARWAL-8888022200 1
11-12-2022
Regulate Foreign Contribution
OBJECTIVE Detrimental to
national interest
Prohibit Foreign Hospitality
FOREIGN CONTRIBUTION-Section 2(1)(h)
Donation, Delivery, transfer made
Any Foreign Source
Any Article Any Currency Any Security
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FOREIGN HOSPITALITY-SECTION 2(1)(i)
Made in offer made in Cost of Travel to foreign country

kind from foreign with free boarding, lodging,
source transport or medical treatment
PROHIBITION TO ACCEPT FOREIGN CONTRIBUTION-SECTION 3
Impose restriction on acceptance of foreign contribution
Candidate for Election Judge Member of any Government Servant or

legislature Employee
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PROHIBITION TO ACCEPT FOREIGN CONTRIBUTION-SECTION 3
Registered Newspaper Political Party Office Bearer of any Audio news or Audio-
political party visual news
Correspondent,
Columnist,
Cartoonist,
Editor,
Owner,
Printer ,
Publisher
PERSON TO WHOM SECTION 3 DOES NOT APPLY-SECTION 4
Salary, wages, Member of any Indian Scholarship, Stipend

remuneration Delegation
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PERSON TO WHOM SECTION 3 DOES NOT APPLY-SECTION 4
Ordinary course of Relative Agent of any foreign source

international trade
RESTRICTION ON ACCEPTANCE OF FOREIGN HOSPITALITY-SECTION 6
Prior Permission of Central Government
Member of any Judge Office Bearer of any Government Servant or

legislature political party Employee
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MEDICAL EMERGENCY Report to Government within one month

of receipt of hospitality
POWER OF CG TO PROHIBIT RECEIPT OF FOREIGN CONTRIBUTION-SECTION 9
Prohibit Prior Permission Intimate Prior Permission Intimate
From accepting For accepting Foreign Before accepting Foreign

Foreign Foreign contribution Foreign Hospitality
contribution Contribution Received Hospitality Received
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REGISTRATION OF CERTAIN PERSON WITH CENTRAL GOVERNMENT-SECTION 11
Cultural, Economic, Educational,Religious or Social Program
Accept Foreign Contribution
Registration Non Registration
Central Prior Permission from

Government Central Government
PROCEDURE FOR REGISTRATION WITH CENTRAL GOVERNMENT-SECTION 12
Application in such form, manner and prescribed fees
Accept After making

necessary enquiry
Ordinarily within
90 days Reject
Not in Prescribed Form

Record in its order
the reason thereof Not specified certain details
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SUSPENSION OF CERTIFICATE-SECTION 13
Reason for suspension Term of Consequences

Suspension
Question of Reason to be
cancellation of recorded in Not to receive Foreign Not to utilize Foreign
Not exceeding
certificate writing contribution contribution
180 days
Unless prior approval of Central

Government
CANCELLATION OF CERTIFICATE-SECTION 14
CENTRAL
GOVERNMENT
Cancel Certificate
Incorrect or false Violates terms Necessary in Violates Not engaged in

information and conditions public Interest provisions of Act reasonable activity for 2
or rules years
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SURRENDER OF CERTIFICATE-SECTION 14A
CENTRAL
GOVERNMENT
Surrender Certificate
No Contravention Management
Such person has not Management of foreign

contravened the provision of contribution and asset has
any Act been vested in the authority
(Section 15)
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RENEWAL OF CERTIFICATE-SECTION 16
Time period Enquiry Application Deadline No Renewal
Within 6 months CG may make Shall be made to CG Ordinarily within It shall communicate
before expiry of the enquiry as it deems in prescribed form 90 days reason thereof
period of the fit and manner and
certificate prescribed fees
State the procedure for making an application for renewal of certificate under the
Foreign Contribution (Regulation) Act, 2010 [3 MARKS-
DECEMBER 2015]
Which organizations/individuals are specifically prohibited from receiving foreign

contribution under the Foreign Contribution (Regulation) Act, 2010?
[June 2016 (5 marks)]
11-12-2022
FOREIGN CONTRIBUTION THROUGH SCHEDULED BANK-SECTION 17
RECEIVE FOREIGN UTILISATION FOREIGN OTHER THAN FOREIGN BANK OR AUTHORISED

CONTRIBUTION CONTRIBUTION CONTRIBUTION PERSON
Through Single May open one or Don’t Receive in specified

Bank Account more Bank account bank account
Specified Amount of Source of Foreign Manner of remittance Other form and

foreign remittance remittance of Foreign remittance manner
Specified Amount of
foreign remittance
Central Government
Source of Foreign
INTIMATION- remittance
SECTION 18
Other authority
specified by CG
Manner in which Foreign

Contribution received
Manner in which Foreign

Contribution was utlized
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MAINTENANCE OF ACCOUNTS-SECTION 19
Every person
Granted a Certificate
Maintain in such form and

manner as prescribed
Record of foreign Record of manner of utilization of

contribution received foreign contribution
ORDER OF AUDIT OF ACCOUNTS-SECTION 20
Fail to furnish any Intimation is not Reasonable to cause to believe that

information according to law there is contravention of Act
Central Government
General Order Special Order
Authorise any officer to audit

books of accounts
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INTIMATION BY CANDIDATE FOR ELECTION-SECTION 21
Duly nominated as candidate

Received anytime within 180
days immediately preceding
the date of nomination
Intimate
Amount of Foreign Contribution
Manner in which it is received
Purpose for which it is received
CG or Prescribed Manner of its utilization

authority or both
DISPOSAL OF ASSET CREATED OUT OF FOREIGN CONTRIBUTION-SECTION 22
Provision of law time being in

force under which it is
registered or incorporated
Any person permitted Cease to exist or All asset shall be
to accept foreign has become disposed
contribution defunct
In absence of such law
CG may specify
authority who shall
dispose of asset
11-12-2022
INSPECTION OF ACCOUNTS AND RECORDS-SECTION 23
Central
Government
Reason in writing
Suspect that any provision of this Act has been Contravened
Authorize any officer to inspect any account or record
Right to enter any premises at any reasonable time,

before sunset and after sunset
SEIZURE OF ACCOUNTS OR RECORDS-SECTION 24
Inspecting officer has reason to believe that contravention has taken place
Seize such Produce before No proceeding

accounts or court brought within 6
records months return
such records
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SEIZURE OF ARTICLE OR CURERNCY OR SECURITY-SECITION 25
Officer by general or special order by CG
Person is in possession or control of article

exceeding the value as specified in Act
May seize such article or currency or security
SEIZURE MADE IN ACCORDANCE OF WITH ACT 2 OF 1974-SECITION 27
The provision of Code of Criminal Procedure,1973 shall apply in so far as they are not
inconsistent with the provision of this Act to all seizures made under the Act
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MAKING OF FALSE STATEMENT,DECLARATION OR DELIVERING FALSE ACCOUNTS- SECTION 33
Any person
False Intimation Prior Permission or Registration

by means of fraud
Imprisonment upto Fine Both

6 months
PUNISHMENT FOR CONTRAVENTION OF ANY PROVISION OF THE ACT- SECTION 35
Whosoever
Accepts or Assists in accepting in any foreign contribution from foreign source

in contravention of this Act or Rules

5 years
11-12-2022
POWER TO IMPOSE ADDITIONAL FINE WHERE ARTICLE OR CURRENCY OR SECURITY IS NOT

AVAILBALE FOR CONFISCATION- SECTION 36
5 times of the value Rs 1000

of currency,
security, article
Whichever is more
PENALTY FOR OFFENCES WHERE NO SEPARATE PUNISHMENT HAS BEEN PROVIDED-SECTION 37
Fails to comply with provision of FCRA
No separate penalty is being provided

1 year

4 - Foreign Contribution Regulation Act

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4 - Foreign Contribution Regulation Act

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11-12-2022

Administration Came into force on Rules

1st May 2011

Regulate Foreign Contribution

Prohibit Foreign Hospitality

FOREIGN CONTRIBUTION-Section 2(1)(h)

Donation, Delivery, transfer made

Any Foreign Source

Any Article Any Currency Any Security

FOREIGN HOSPITALITY-SECTION 2(1)(i)

Made in offer made in Cost of Travel to foreign country

PROHIBITION TO ACCEPT FOREIGN CONTRIBUTION-SECTION 3

Impose restriction on acceptance of foreign contribution

Candidate for Election Judge Member of any Government Servant or

PROHIBITION TO ACCEPT FOREIGN CONTRIBUTION-SECTION 3

PERSON TO WHOM SECTION 3 DOES NOT APPLY-SECTION 4

Salary, wages, Member of any Indian Scholarship, Stipend

PERSON TO WHOM SECTION 3 DOES NOT APPLY-SECTION 4

Ordinary course of Relative Agent of any foreign source

RESTRICTION ON ACCEPTANCE OF FOREIGN HOSPITALITY-SECTION 6

Prior Permission of Central Government

Member of any Judge Office Bearer of any Government Servant or

MEDICAL EMERGENCY Report to Government within one month

POWER OF CG TO PROHIBIT RECEIPT OF FOREIGN CONTRIBUTION-SECTION 9

Prohibit Prior Permission Intimate Prior Permission Intimate

From accepting For accepting Foreign Before accepting Foreign

REGISTRATION OF CERTAIN PERSON WITH CENTRAL GOVERNMENT-SECTION 11

Cultural, Economic, Educational,Religious or Social Program

Accept Foreign Contribution

Registration Non Registration

Central Prior Permission from

PROCEDURE FOR REGISTRATION WITH CENTRAL GOVERNMENT-SECTION 12

Application in such form, manner and prescribed fees

Accept After making

Not in Prescribed Form

Reason for suspension Term of Consequences

Unless prior approval of Central

Incorrect or false Violates terms Necessary in Violates Not engaged in

SURRENDER OF CERTIFICATE-SECTION 14A

Such person has not Management of foreign

Time period Enquiry Application Deadline No Renewal

Which organizations/individuals are specifically prohibited from receiving foreign

FOREIGN CONTRIBUTION THROUGH SCHEDULED BANK-SECTION 17

RECEIVE FOREIGN UTILISATION FOREIGN OTHER THAN FOREIGN BANK OR AUTHORISED

Through Single May open one or Don’t Receive in specified

Specified Amount of Source of Foreign Manner of remittance Other form and

Manner in which Foreign

Manner in which Foreign

Maintain in such form and

Record of foreign Record of manner of utilization of

ORDER OF AUDIT OF ACCOUNTS-SECTION 20

Fail to furnish any Intimation is not Reasonable to cause to believe that

General Order Special Order

Authorise any officer to audit

INTIMATION BY CANDIDATE FOR ELECTION-SECTION 21

Duly nominated as candidate

Amount of Foreign Contribution

Manner in which it is received

Purpose for which it is received

CG or Prescribed Manner of its utilization

DISPOSAL OF ASSET CREATED OUT OF FOREIGN CONTRIBUTION-SECTION 22

Provision of law time being in