Foreign Contribution (Regulation) Act
An Act to regulate the acceptance and utilization of foreign contribution or foreign hospitality by certain persons or associations, with a view to ensuring that parliamentary institutions, political associations and academic and other voluntary organizations as well as individuals working in the important areas of national life may function in a manner consistent with the values of a sovereign democratic republic, and for matters connected therewith or incidental thereto.
Chapter I - Preliminary
1. Short title, extent, application and commencement
2. Definitions
3. Application of other laws not barred
Chapter II - Regulation Of Foreign Contribution And Foreign Hospitality
4. Candidate for election, etc., not to accept foreign contribution
5. Organization of a political nature not to accept foreign contribution except with the prior permission of the Central Government
6. Certain associations and persons receiving foreign contribution to give intimation to the Central Government
7. Recipients of scholarships, etc., to give intimation to the Central Government
8. Persons to whom section 4 shall not apply
9. Restrictions on acceptance of foreign hospitality
10. Power of Central Government to prohibit receipt of foreign contribution, etc., in certain cases
11. Application to be made in prescribed form for obtaining prior permission to accept foreign contribution or hospitality
Chapter III - Miscellaneous
12. Power to prohibit payment of currency received in contravention of the Act
13. Recipients of foreign contribution to maintain accounts, etc.
14. Inspection of accounts or records
15. Seizure of accounts or records
15A. Audit of accounts
16. Seizure of article or currency received in contravention of the Act
17. Seizure to be made in accordance with the Code of Criminal Procedure, 1973
18. Confiscation of article or currency obtained in contravention of the Act
19. Adjudication of confiscation
20. Opportunity to be given before adjudication of confiscation
21. Appeal
22. Penalty for article or currency obtained in contravention of section 12
23. Punishment for the contravention of any provision of the Act
24. Power to impose additional fine where article or currency is not available for confiscation
25. Penalty for offences where no separate punishment has been provided
25A. Prohibition of acceptance of foreign contribution
26. Offences by companies
27. Bar to the prosecution of offences under the Act
28. Investigation into cases under the Act
29. Protection of action taken in good faith
30. Power to make rules
31. Power to exempt
32. Act not to apply to government transactions
Foot Notes
Chapter I - Preliminary
1. Short title, extent, application and commencement
(1) This Act may be called the Foreign Contribution
(Regulation) Act, 1976.
(2) It extends to the whole of India, and it
shall also apply to-
(a) citizens of India
outside India; and
(b) associates,
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.
2. Definitions
(1) 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 (21 of 1860), or not, and
any other organization, by whatever name called;
(b) "candidate for
election" means a person who has been duly nominated as a candidate for election
to any Legislature;
(c) "foreign
contribution" means the donation, delivery or transfer made by any foreign
source-
(i) 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 of such gift, does not
exceed one thousand rupees,
(ii) of any currency,
whether Indian or foreign;
(iii) of any foreign security
as defined in clause (i) of section 2 of the Foreign Exchange Regulation Act,
1973 (46 of 1973).
1[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;]
(d) "foreign
hospitality" means any offer, not being a purely casual one, made by a
foreign source for providing a person with the costs of travel to any foreign
country or territory or with free board, lodging, transport or medical
treatment;
(e) "foreign
source" includes-
(i) 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 specialized agencies, the
World Bank, International Monetary Fund or such other agency as the Central
Government may, by notification in the Official Gazette, specify in this
behalf,
(iii) a foreign
company within the meaning of section 591 of the Companies Act, 1956 (1 of
1956), and also includes-
(a) a
company which is a subsidiary of a foreign company, and
(b) a
multi-national corporation within the meaning of this Act.
(iv) a corporation,
not being a foreign company, incorporated in a foreign country or territory,
(v) a multi-national
corporation within the meaning of this Act,
(vi) a company within the
meaning of the Companies Act, 1956 (1 of 1956), if 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)
government of a foreign country or territory,
(b)
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,
(vii) a trade union in
any foreign country or territory, whether or not registered in such foreign
country or territory,
(viii) a foreign trust by whatever name called, or a foreign foundation which is either in the nature of trust or is mainly financed by a foreign country or territory
(ix) a society, club
or other association of individuals formed or registers outside India,
(x) a citizen of a
foreign country, but does not include any foreign institution which has been
permitted by the Central Government, by notification in the Official Gazette,
to carry on its activities in India;
(f)
"Legislature" means-
(i) either House of
Parliament,
(ii) 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,
(iii) Legislative
Assembly of a Union territory constituted under the Government of Union
Territories Act, 1963 (20 of 1963),
(iv) the Metropolitan
Council of Delhi constituted under section 3 of the Delhi Administration Act,
1966(19 of 1966),
(v) Municipal
Corporations in metropolitan areas as defined in the Code of Criminal
Procedure, 1973 (2 of.1974),
(vi) District Councils
and Regional Councils in the States of Assam and Meghalaya and in the Union
Territory of Mizoram as provided in the VIth Schedule to the Constitution, or
(vii) any other
elective body as may be notified by the Central Government, as the case may be;
2[(g) "political
party" means-
(i) an association or
body of individual citizens of India-
(1) which is, or is
deemed to be, registered with Election Commission of India as a political party
under the Election Symbols (Reservation and Allotment) Order, 1968, as in force
for the time being; or
(2) which has set up
candidates for election to any Legislature, but is not so registered or deemed
to be registered under the Election Symbols (Reservation and Allotment) Order,
1968;
(ii) a political party
mentioned in Column 1 of Table I to the notification of the Election Commission
of India No. 56/J&K/84, dated the 27th September, 1984, as in force for the
time being;]
(h)
"prescribed" means prescribed by rules made under this Act;
(i) "registered
newspaper" means a newspaper registered under the Press and Registration
of Books Act, 1867(25 of 1867);
(j)
"subsidiary" and "associate" have the meanings,
respectively, assigned to them in the Companies Act, 1956(1 of 1956);
(k) "trade union"
means a trade union registered under the Trade Unions Act, 1926 (16 of 1926);
Explanation: For the purposes of
this Act, a corporation incorporated 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
(b) carries on
business, or otherwise operates, in two or more countries or territories.
(2) Words and expressions used herein and not
defined but defined in the Foreign Exchange Regulation Act, 1973 (46 of 1973),
have the meanings respectively assigned to them in that Act.
(3) Words and expressions used herein and not defined in this Act or in the Foreign Exchange Regulation Act, 1973 (46 of 1973), but defined in the Representation of the People Act, 1950 (43 of 1950), or the Representation of the People Act, 1951 (43 of 1951), have the meanings respectively assigned to them in such Act.
3. Application of other laws not barred
The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force.
Chapter II - Regulation Of Foreign Contribution And Foreign Hospitality
4. Candidate for election, etc., not to accept foreign contribution
(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) 3[Judge,
government servant] or employee of any corporation,
(d) member of any
Legislature,
(e) political party or
office-bearer thereof.
Explanation: In clause (c) and in
section 9, "corporation" means a corporation owned or controlled by
government and includes a government company as defined in section 617 of the
Companies Act, 1956 (1 of 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 (1), or both.
(b) 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 (1), 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
(i) any political party or any person referred to in sub-section (1), or both,
(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 (1), or both.
(3) No person receiving any currency, whether
Indian or foreign, from a foreign, source on behalf of any association,
referred to in sub-section (1) of section 6, shall deliver such currency-
(i) to any association
or organization other than the association for which it was received, or
(ii) 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 an association other than the association for which such currency was received.
5. Organization of a political nature not to accept foreign contribution except with the prior permission of the Central Government
(1) No organization of a political nature, not
being a political party, shall, accept any foreign contribution except with the
prior permission of the Central Government.
Explanation: For the purposes of
this section, "organization of a political nature, not being a political
party" means such organization as the Central Government may, having
regard to the activities of the organization or the ideology propagated by the
organization or the programme of the organization or the association of the
organization with the activities of any political party, by an order published
in the Official Gazette, specify in this behalf.
(2) (a) Except with the prior permission of
the Central Government, 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 foreign currency, on behalf of an organization referred to in
sub-section (1).
(b) Except with the
prior permission of the Central Government, no person, resident in India, shall
deliver any foreign currency 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 an organization referred to in sub-section (1).
(c) Except with the prior
approval of the Central Government, no citizen of India, resident outside
India, shall deliver any currency, whether Indian or foreign, which has been
accepted from any foreign source, to-
(i) any organization
referred to in sub-section (1), or
(ii) any person, if he knows or has reasonable cause to believe that such person intends, or is likely, to deliver such currency to an organization referred to in sub-section (1).
6. Certain associations and persons receiving foreign contribution to give intimation to the Central Government
4[(1) No association other than an
organization referred to in sub-section (1) of section 5 having a definite
cultural, economic, educational, religious or social programme shall accept
foreign contribution unless such association,-
(a) registers itself
with the Central Government in accordance with the rules made under this Act;
and
(b) agrees to receive
such foreign contributions only through such one of the branches of a bank as it
may specify in its application for such registration, and every association so
registered shall give, within such time and in such manner as may be
prescribed, an intimation to the Central Government as to the amount of each
foreign contribution received by it, the source from which and the manner in
which such foreign contribution was received and the purposes for which, and
the manner in which, such foreign contribution was utilized by it:
PROVIDED that where such association obtains any
foreign contribution through any branch other than the branch of the bank
through which it has agreed to receive foreign contribution or fails to give
such intimation within the prescribed time or in the prescribed manner, or
gives any intimation which is false, the Central Government may, by
notification in the Official Gazette, direct that such association shall not,
after the date of issue of such notification, accept any foreign contribution
without the prior permission of the Central Government.
(1A) Every association referred to in
sub-section (1) may, if it is not registered with the Central Government under
that sub-section, accept any foreign contribution only after obtaining the
prior permission of the Central Government and shall also give, within such time
and in such manner as may be prescribed an intimation to the Central Government
as to the amount of foreign contribution received by it, the source from which
and the manner in which such foreign contribution was received and the purpose
for which and the manner in which such foreign contribution was utilized by it.
(2) Every candidate for election, who had received any foreign contribution, at any time within one hundred and eighty days immediately preceding the date on which he is duly nominated as such candidate, shall give, within such time and in such manner as may be prescribed, an intimation to the Central Government as to the amount of foreign contribution received by him, the source from which and the manner in which such foreign contribution was received and the purposes for which, and the manner in which, such foreign contribution was utilized by him.
7. Recipients of scholarships, etc., to give intimation to the Central Government
(1) Every citizen of India receiving any scholarship,
stipend or any payment of a like nature from any foreign source shall give,
within such time and in such manner as may be prescribed, an intimation to the
Central Government as to the amount of the scholarship, stipend or other
payment received by him and the foreign source from which, and the purpose for
which, such scholarship, stipend or other payment has been, or is being,
received by him.
(2) Where any recurring payments are being
received by any citizen of India from any foreign source by way of scholarship,
stipend or other payment, it shall be sufficient if the intimation referred to
in sub-section (1) includes a precise information as to the intervals at which,
and the purpose for which, such recurring payments will be received by such
citizen of India.
(3) It shall not be necessary to give such intimation as is referred to in sub-section (1) or sub-section (2) in relation to scholarships, stipends or payments of a like nature, if the annual value of such scholarships, stipends or other payments does not exceed such limits as the Central Government may, by rules made under this Act, specify in this behalf.
8. Persons to whom section 4 shall not apply
Nothing contained in section 4 shall apply to
the acceptance, by any person specified in that section, of any foreign
contribution, where such contribution is accepted by him, 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 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 regulations made by the Central Government
with regard to the acceptance or retention of such gift or presentation; or
(e) from his relative when such foreign
contribution has been received with the previous permission of the Central
Government:
PROVIDED that no such permission shall be
required if the amount of foreign contribution received by him from his
relative does not exceed, in value, eight thousand rupees per annum and an
intimation is given by him to the Central Government as to the amount received,
the source from which and the manner in which it was received and the purpose
for which and the manner in which it was utilized by him,
(f) by way of remittance received, in the
ordinary course of business, through any official channel, post office, or any
authorized dealer in foreign exchange under the Foreign Exchange Regulation
Act, 1973 (46 of 1973).
Explanation: In this Act, the expression "relative" has the meaning assigned to it in the Companies Act, 1956 (1 of 1956).
9. Restrictions on acceptance of foreign hospitality
No member of a Legislature, office-bearer of a
political party, 1[Judge,]government servant or employee of any corporation
shall, while visiting -any country or territory outside India, accept, except
with the prior permission of the Central Government, any foreign hospitality:
PROVIDED that it shall not be necessary to obtain any such permission for an emergent medical aid needed on account 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.
10. Power of Central Government to prohibit receipt of foreign contribution, etc., in certain cases
The Central Government may-
(a) prohibit any association, not specified in
section 4, or any person, from accepting any foreign contribution;
(b) 5[without prejudice to the provisions of
sub-section (1) of section 6, require any association specified in that
sub-section], to obtain prior permission of the Central Government before
accepting any foreign contribution;
(c) require any person or class of persons or
any association not being an association specified in section 6, 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
or association, 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 utilized;
(d) require any person or class of persons,
not specified in section 9, to obtain prior permission of the Central
Government before accepting any foreign hospitality;
(e) require any person or class of persons,
not specified in section 9, 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 association or person or class of persons, as the
case may be, the acceptance of foreign hospitality by such person, is likely to
affect prejudicially-
(i) the sovereignty and integrity of India; or
(ii) the public interest; or
(iii) freedom or fairness of election to any
Legislature; or
(iv) friendly relations with any foreign
State; or
(v) harmony between religious, racial, linguistic or regional groups, castes or communities.
11. Application to be made in prescribed form for obtaining prior permission to accept foreign contribution or hospitality
(1) Every individual, association, organization
or other person, who is required by or under this Act to obtain the prior
permission of the Central Government to accept any foreign contribution, or
foreign hospitality, shall before the acceptance of any such contribution or
hospitality, make an application for such permission to the Central Government
in such form and in such manner as may be prescribed.
(2) If an application referred to in
sub-section (1) is not disposed of within ninety days from the date of receipt
of such application, the permission prayed for in such application shall, on
the expiry of the said period of ninety days, be deemed to have been granted by
the Central Government:
PROVIDED that, where in relation to an application, the Central Government has informed the applicant the special difficulties by reason of which his application cannot be disposed of within the said period of ninety days, such application shall not, until the expiry of a further period of thirty days, be deemed to have been granted by the Central Government.
Chapter III - Miscellaneous
12. Power to prohibit payment of currency received in contravention of the Act
Where the Central Government is satisfied, after making such enquiry as it may deem fit, that any person has in his custody or control any article or currency, whether Indian or foreign, which has been accepted by such person in contravention of any of the provisions of this Act, it may, by order in writing, prohibit such person from paying, delivering, transferring or otherwise dealing with, in any manner whatsoever, such article or currency 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 prescribed manner, and thereupon the provisions of sub-sections (2), (3), (4) and (5) of section 7 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967), shall, so far as may be, apply to, or in relation to, such article or currency and references in the said sub-sections to moneys, securities or credits shall be construed as references to such article or currency.
13. Recipients of foreign contribution to maintain accounts, etc.
Every association, referred to in section 6,
shall maintain, in such form and in such manner as may be prescribed,-
(a) an account of any foreign contribution
received by it, and
(b) a record as to the manner in which such contribution has been utilized by it.
14. Inspection of accounts or records
If the Central Government has, for any reason,
to be recorded in writing, any ground to suspect that any provision of this Act
has been, or is being, contravened by-
(a) any political party, or
(b) any person, or
(c) any organization, or
(d) any association,
it may, by general or special order, authorize
such gazetted officer, holding a 6[Group A post], as it may think fit
(hereinafter referred to as the authorized officer), to inspect any account or
record maintained by such political party, person, organization or association,
as the case may be, and thereupon every such authorized official 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 :
PROVIDED that no gazetted officer shall be authorized to inspect the account or record maintained by a political party, unless he has been holding a 6[Group A post] in connection with the affairs of the Union or a State, for not less than ten years.
15. Seizure of accounts or records
If, after inspection of an account or record
referred to in section 14, the authorized officer has any reasonable cause to
believe that any provision of this Act or of any other law relating to foreign
exchange has been, or is being, contravened, he may seize such account or
record and produce the same before the court in which any proceeding is brought
for such contravention:
PROVIDED that the authorized 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.
15A. Audit of accounts
Where any organization or association fails to
furnish any returns under this Act within the time specified therefor or the
returns so furnished are not in accordance with law or if, after inspection of
such returns, the Central Government has any reasonable cause to believe that
any provision of this Act has been, or is being, contravened, that government
may, by general or special order, authorize such gazetted officer, holding a
Group A post, as it may think fit, to audit any books of account kept or
maintained by such organization or association, as the case may be, and
thereupon every such 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 auditing the said books of account:
PROVIDED that any information obtained from such audit shall be kept confidential and shall not be disclosed except for the purposes of this Act.]
16. Seizure of article or currency received in contravention of the Act
If any gazetted officer, authorized in this behalf by the Central Government, by general or special order, has any reason to believe that any person has in his possession or control any article exceeding rupees one thousand in value, or currency, whether Indian or foreign, in relation to which any provision of this Act has been, or is being, contravened, he may seize such article or currency.
17. Seizure to be made in accordance with the Code of Criminal Procedure, 1973
Every seizure made under this Act shall be made in accordance with the provision of section 100 of the Code of Criminal Procedure, 1973 (2 of 1974).
18. Confiscation of article or currency obtained in contravention of the Act
Any article or currency which is seized under section 16 shall be liable to confiscation if such article or currency has been adjudged under section 19 to have been received or obtained in contravention of this Act.
19. Adjudication of confiscation
Any confiscation referred to in section 18 may
be adjudged-
(a) without limits, 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 prescribed, by such officer not below the rank of an Assistant Sessions Judge, as the Central Government may, by notification in the Official Gazette, specify in this behalf.
20. Opportunity to be given before adjudication of confiscation
No order of adjudication of confiscation shall be made unless a reasonable opportunity of making a representation against such confiscation has been given to the person from whom any article or currency has been seized.
21. Appeal
(1) Any person aggrieved by any order made
under section 19 may prefer an appeal-
(a) where the order
has been made by the Court of Session, to the High Court to which such court is
subordinate; or
(b) where the order has
been made by any officer specified under clause (b) of section 19, to the Court
of Session within the local limits of whose jurisdiction such order of
adjudication of confiscation 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
the 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 organization referred to in section 5,
or any person or association referred to in section 9 or section 10,aggrieved
by an order made in pursuance of the Explanation to sub-section (1) of section
5 or by an order of the Central Government refusing to give permission, or by
any order made by the Central Government, under section 5 or section 9 or
section 10, 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 within the local
limits of whose jurisdiction the appellant ordinarily resides or carries on
business or personally works for gain, or, where the appellant is an
organization or association, the principal office of such organization 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 Procedure, 1908 (5 of 1908), shall, as far as may be, apply thereto as they apply to an appeal from an original decree.
22. Penalty for article or currency obtained in contravention of section 12
If any person, on whom any prohibitory order has been served under section 12, pays, delivers, transfers or otherwise deals with, in any manner whatsoever, any article or currency, whether Indian or foreign, in contravention of such prohibitory order, he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both; and notwithstanding anything contained in the Code of Criminal Procedure, 1973(2 of 1974), the court trying such contravention may also impose on the person convicted and additional fine equivalent to the market value of the article or the amount of the currency in respect of which the prohibitory order has been contravened by him or such part thereof as the court may deem fit.
23. Punishment for the contravention of any provision of the Act
(1) Whoever accepts, or assists any person, political
party or organization in accepting any foreign contribution or any currency
from a foreign source, in contravention of any provision of this Act or any
rule made thereunder, shall be punished with imprisonment for a term which may
extend to five years, or with fine, or with both.
(2) Whoever accepts any foreign hospitality in contravention of any provision of this Act or any rule made thereunder, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.
24. Power to impose additional fine where article or currency is not available for confiscation
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the court trying a person, who, in relation to any article or currency, whether Indian or foreign, does or omits to do any act which act or omission would render such article or currency liable to confiscation under this Act, may, in the event of the conviction of such person for the act or omission aforesaid, impose on such person a fine not exceeding five times the value of the article or currency or one thousand rupees, whichever is more, if such article or currency 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.
25. Penalty for offences where no separate punishment has been provided
Whoever fails to comply with any provision of this Act for which no separate penalty has been provided in this Act shall be punished with imprisonment for a term which may extend to one year, or with fine not exceeding one thousand rupees, or with both.
25A. Prohibition of acceptance of foreign contribution
Notwithstanding anything contained in this Act, whoever, having been convicted of any offence under sub-section (1) of section 23 or section 25, insofar as such offence relates to the acceptance or utilization of foreign contribution, is again convicted of such offence shall not accept any foreign contribution for a period of three years from the date of the subsequent conviction.]
26. Offences by companies
(1) Where an offence under this Act or any
rule made thereunder has been 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 be liable to be proceeded
against and punished accordingly:
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 knowledge or that he had exercised all
due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in
sub-section (1), where an offence under this Act or any rule 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
(b) "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.
27. Bar to the prosecution of offences under the Act
No court shall take cognizance of any offence under this Act, except with the previous sanction of the Central Government or any officer authorized by that Government in this behalf.
28. Investigation into cases under the Act
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any offence punishable under this Act may also be investigated into by such authority as the Central Government may specify in this behalf and the authority so specified shall have all the powers which an officer-in-charge of a police station has while making an investigation into a cognizable offence.
29. Protection of action taken in good faith
No suit or other legal proceedings shall lie against the Central Government in respect of any loss or damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of the provisions of this Act or any rule or order made thereunder.
30. Power to make rules
(1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the
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 time within
which, and the manner in which, intimation is to be given by an association
referred to in section 6, with regard to the foreign contributions received by
it;
(b) the limits up to
which receipt of scholarship, stipends or payments of a like nature need not be
intimated to the Central Government;
(c) the time within
which, and the manner in which, intimation is to be given by persons receiving
any scholarship, stipend or any payment of a like nature from a foreign source;
(d) the time within
which, and the manner in which a candidate for election should give intimation
as to the amount of foreign contribution received by him at any time within one
hundred and eighty days from the date when he became such candidate;
(e) the form and
manner in which an application shall be made for obtaining prior permission of
the Central Government to receive foreign contribution or foreign hospitality;
(f) the manner of
service of the prohibitory order made under section 12;
(g) the form and
manner in which account or record referred to in section 13 shall be
maintained;
(h) the limits up to
which an officer, not below the rank of an Assistant Sessions Judge, may make
adjudication of confiscation;
(i) any other matter
which is required to be, or may be, prescribed.
(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised 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 Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in 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 rule.
31. Power to exempt
If the Central Government is of opinion that it is necessary or expedient in the interests of the general public so to do, it may, by order and subject to such conditions as may be specified in the order, exempt any association (not being a political party), organization 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.
32. Act not to apply to government transactions
Nothing contained in this Act shall apply to
any transaction between the Government of India and the government of any
foreign country or territory.
Foot Notes
1 Inserted by the FCR (Amendment) Act, 1985,
w.r.e.f. 20th. October, 1984.
2 Substituted by the FCR (Amendment) Act,
1985, w.r.e.f. 20th. October, 1984.
3 Substituted for the words "Government
servant" by the FCR (Amendment) Act, 1985, w.r.e.f. 20th. October, 1984.
4 Substituted by the FCR (Amendment) Act,
1985, w.e.f. 1st. January, 1985.
5 Substituted for the words "require any
association, specified in section 6" by the FCR (Amendment) Act, 1985,
w.e.f. 1st. January,1985.
6 Substituted for the words and figure "class I post" by the FCR (Amendment) Act, 1985, w.r.e.f. 20th. October, 1984.
Foot Notes
1 Inserted by the FCR (Amendment) Act, 1985, w.r.e.f. 20th. October, 1984.
2 Substituted by the FCR (Amendment) Act, 1985, w.r.e.f. 20th. October, 1984.
3 Substituted for the words "Government servant" by the FCR (Amendment) Act, 1985, w.r.e.f. 20th. October, 1984.
4 Substituted by the FCR (Amendment) Act, 1985, w.e.f. 1st. January, 1985.
5 Substituted for the words "require any association, specified in section 6" by the FCR (Amendment) Act, 1985, w.e.f. 1st. January,1985.
6 Substituted for the words and figure "class I post" by the FCR (Amendment) Act, 1985, w.r.e.f. 20th. October, 1984