This book is a compendium of the Foreign Contribution (Regulation) Act, 2010 along with relevant Rules, Circulars, Notifications, guidelines, and Case Laws. This book provides the annotated text and amended statutory materials for the ease of the reader. It also includes a specially curated ‘Guide to the Foreign Contribution (Regulation) Act, 2010’ & Case Laws digest. The present publication is the latest edition incorporating all the amendments made by the Foreign Contribution (Regulation) Amendment Act, 2020 and is updated up to 1st December, 2020. The coverage of this book includes the following:
· Amendments made by Foreign Contribution (Regulation) Amendment Act, 2020 at a glance
· Guide to Foreign Contribution (Regulation) Act, 2010
o Foreign Contribution
o Exemptions from restriction on accepting Foreign Contribution
o Restrictions on acceptance of foreign hospitality
o Restrictions on social or cultural organisations
o Registration for accepting Foreign Contribution
o Other provisions of Foreign Contribution (Regulation) Act
o Offences and penalties
o Powers of Central Government
o Procedures under FCRA
· Foreign Contribution (Regulation) Act, 2010
o Arrangement of Sections
o Text of Foreign Contribution (Regulation) Act, 2010 as amended by Foreign Contribution (Regulation) Amendment Act, 2020
o Foreign Contribution (Regulation) Amendment Act, 2020
o Appendix: Foreign Contribution (Regulation) Act, 1976
· Foreign Contribution (Regulation) Rules
o Foreign Contribution (Regulation) Rules, 2011 as amended by the Foreign Contribution (Regulation) (Amendment) Rules, 2020
o Foreign Contribution (Acceptance or Retention of Gifts or Presentations) Rules, 2012
· Notifications issued under Foreign Contribution (Regulation) Act, 2010
· Guidelines and Circulars
o Guidelines for Implementation of the provisions of Foreign Contribution (Regulation) Act, 2010;
o Guidelines for consideration of proposals for acceptance of foreign hospitality under Foreign Contribution (Regulation) Act, 2010;
o Exemption from provisions of section 14(3) of Foreign Contribution (Regulation) Act, 2010;
o Standard Operating Procedure (SOP) to open and operate the “FCRA Account”;
o Advisory for Compliance by FCRA NGOs/Associations;
o FAQs on FCRA, 2010
· Notified agencies not to be covered by definition of ‘Foreign Sources’
· Case Laws Digest
This document summarizes the Foreign Contribution (Regulation) Act of 1976 in India, which regulates the acceptance and use of foreign contributions by certain individuals and organizations.
The key points are:
1) It establishes rules for accepting foreign contributions and hospitality by political candidates, government employees, members of legislatures, and political parties.
2) Other organizations and individuals must register with the government and receive contributions only through specified bank accounts to accept foreign funds.
3) Recipients of foreign scholarships or payments above a certain amount must notify the government.
4) The act aims to ensure these entities function in a way consistent with India's sovereignty and democratic values.
FCRA provisions are essential for keeping the regulations on the NGO. The Foreign Contribution Regulation Act is a consolidating act. The Foreign Contribution Regulation Act scope is to regulate the acceptance and utilization of foreign contribution or foreign hospitality by certain individuals or associations or companies. It is also important to note that Foreign Contribution Regulation Act prohibit acceptance and utilization of foreign contribution or foreign hospitality for any activities detrimental to the national interest and for matters connected therewith or incidental thereto.
This document summarizes the Foreign Contribution (Regulation) Act of 1976 in India, which regulates the acceptance and use of foreign contributions by certain individuals and organizations.
The key points are:
1) It regulates foreign contributions to political parties, candidates for election, government employees, members of legislatures, and certain organizations.
2) These individuals and organizations must disclose any foreign contributions received above a certain amount and for what purposes.
3) Certain associations carrying out cultural, educational or social programs can accept foreign contributions if registered with the central government and contributions are received through specified bank branches.
The document provides an overview of regulations regarding real estate transactions involving foreign exchange under FEMA. It defines key terms like NRI, OCI, and discusses rules for NRIs/OCIs acquiring or transferring immovable property in India. It also covers regulations regarding property transactions by foreign embassies, foreign companies' branches in India, and long term visa holders from certain countries. The document specifies conditions for repatriating sale proceeds of immovable property outside India.
This document provides an overview and summary of key aspects of the Foreign Exchange Management Act (FEMA). It begins with an introduction to FEMA and its objectives. It then summarizes several important sections of FEMA, including sections 3-9 which cover substantive provisions around dealing in foreign exchange, current account transactions, and capital account transactions. Definitions of key terms like "capital account transaction", "current account transaction", and "person resident in India" are also summarized. The document concludes with summaries of fundamentals of FEMA compliance and important issues around the recent changes to the definitions of PIO and OCI.
This order exempts certain imports from rules related to foreign trade. It exempts imports by government entities for defense purposes, imports ordered through certain government purchase organizations, imports transhipped as ships stores or for diplomatic/UN personnel, imports bonded for duty-free shops, imports in transit through India, imports for transmission across India, passenger baggage within limits, small imports for personal use, imports by diplomatic/consular/UN personnel, re-imports of repaired goods, and certain temporary imports for display. The order defines key terms and comes into force on publication in the official gazette.
This document provides an overview of a three day workshop on the Foreign Exchange Management Act (FEMA). It discusses key topics that will be covered, including an overview of FEMA, important definitions, fundamentals of FEMA, FEMA practices, schemes for inbound investment, foreign direct investment in India, and external commercial borrowings. It also lists abbreviations relevant to FEMA and provides summaries of some important sections of FEMA, including sections on dealing in foreign exchange, capital account transactions, and definitions of persons resident in India.
This document summarizes the Foreign Contribution (Regulation) Act of 1976 in India, which regulates the acceptance and use of foreign contributions by certain individuals and organizations.
The key points are:
1) It establishes rules for accepting foreign contributions and hospitality by political candidates, government employees, members of legislatures, and political parties.
2) Other organizations and individuals must register with the government and receive contributions only through specified bank accounts to accept foreign funds.
3) Recipients of foreign scholarships or payments above a certain amount must notify the government.
4) The act aims to ensure these entities function in a way consistent with India's sovereignty and democratic values.
FCRA provisions are essential for keeping the regulations on the NGO. The Foreign Contribution Regulation Act is a consolidating act. The Foreign Contribution Regulation Act scope is to regulate the acceptance and utilization of foreign contribution or foreign hospitality by certain individuals or associations or companies. It is also important to note that Foreign Contribution Regulation Act prohibit acceptance and utilization of foreign contribution or foreign hospitality for any activities detrimental to the national interest and for matters connected therewith or incidental thereto.
This document summarizes the Foreign Contribution (Regulation) Act of 1976 in India, which regulates the acceptance and use of foreign contributions by certain individuals and organizations.
The key points are:
1) It regulates foreign contributions to political parties, candidates for election, government employees, members of legislatures, and certain organizations.
2) These individuals and organizations must disclose any foreign contributions received above a certain amount and for what purposes.
3) Certain associations carrying out cultural, educational or social programs can accept foreign contributions if registered with the central government and contributions are received through specified bank branches.
The document provides an overview of regulations regarding real estate transactions involving foreign exchange under FEMA. It defines key terms like NRI, OCI, and discusses rules for NRIs/OCIs acquiring or transferring immovable property in India. It also covers regulations regarding property transactions by foreign embassies, foreign companies' branches in India, and long term visa holders from certain countries. The document specifies conditions for repatriating sale proceeds of immovable property outside India.
This document provides an overview and summary of key aspects of the Foreign Exchange Management Act (FEMA). It begins with an introduction to FEMA and its objectives. It then summarizes several important sections of FEMA, including sections 3-9 which cover substantive provisions around dealing in foreign exchange, current account transactions, and capital account transactions. Definitions of key terms like "capital account transaction", "current account transaction", and "person resident in India" are also summarized. The document concludes with summaries of fundamentals of FEMA compliance and important issues around the recent changes to the definitions of PIO and OCI.
This order exempts certain imports from rules related to foreign trade. It exempts imports by government entities for defense purposes, imports ordered through certain government purchase organizations, imports transhipped as ships stores or for diplomatic/UN personnel, imports bonded for duty-free shops, imports in transit through India, imports for transmission across India, passenger baggage within limits, small imports for personal use, imports by diplomatic/consular/UN personnel, re-imports of repaired goods, and certain temporary imports for display. The order defines key terms and comes into force on publication in the official gazette.
This document provides an overview of a three day workshop on the Foreign Exchange Management Act (FEMA). It discusses key topics that will be covered, including an overview of FEMA, important definitions, fundamentals of FEMA, FEMA practices, schemes for inbound investment, foreign direct investment in India, and external commercial borrowings. It also lists abbreviations relevant to FEMA and provides summaries of some important sections of FEMA, including sections on dealing in foreign exchange, capital account transactions, and definitions of persons resident in India.
This document summarizes the Criminal Law Amendment Act of 1908 in India. The act aimed to provide for more speedy trials of certain offenses and prohibit associations dangerous to public peace. It established that associations that encourage violence or whose members commit violent acts could be declared unlawful by state governments. The act gave powers to state governments to notify places being used by unlawful associations and allow authorities to take possession of such places and belongings found within. It established penalties for membership in unlawful associations or assisting their operations. Several state governments have since amended sections of the act.
This document is the Citizenship (Amendment) Bill, 2019 which aims to amend the Citizenship Act of 1955. The key points are:
1) It proposes to consider illegal migrants from Hindu, Sikh, Buddhist, Jain, Parsi or Christian communities from Afghanistan, Bangladesh or Pakistan who entered India before December 31, 2014 as not "illegal migrants".
2) It allows the central government to grant citizenship to such migrants belonging to minority communities from the three countries who are exempted by the central government from the Foreigners Act and/or the Passport Act.
3) It reduces the requirement of residency in India for citizenship by naturalization from 11 years to 5 years for persons
1. The Constitution of India establishes the territory and governance structure of India as a union of states.
2. Parliament has the power to admit new states to the union or establish new states, alter the boundaries or names of existing states, or adjust the areas of states.
3. The Constitution defines Indian citizenship at the time of commencement, and the rights of citizenship of persons who have migrated from Pakistan or reside outside of India. Parliament has the power to regulate citizenship law.
This document summarizes the Dowry Prohibition Act of 1961 in India, which aims to prohibit the practice of dowry. Some key points:
- It defines dowry as any property or valuable security given by one party to a marriage to the other party, before, during or after the marriage. This does not include customary gifts or dower/mahr for Muslims.
- Giving or taking dowry is punishable by imprisonment of at least 5 years and a fine. Demanding dowry is punishable by 6 months to 2 years imprisonment and a fine.
- Advertising property/money shares for marriage is punishable by 6 months to 5 years imprisonment and a fine.
The document discusses the history and provisions of the Goondas Act in Tamil Nadu, India. It describes how the Act was originally enacted in 1982 to address dangerous activities by bootleggers, drug offenders, goondas, and others. It has since been amended several times to include additional categories of offenses. The key aspects covered include: definitions of who qualifies as a "goonda"; the power of the state government to issue detention orders; constitution of advisory boards to review detentions; maximum detention periods; and provisions for temporary release of detainees.
The document summarizes visa exemption policies for Vietnamese and Cambodian citizens:
1) As of January 1st, 2010, Vietnamese and Cambodian citizens holding ordinary passports valid for at least six months will be exempt from visas when entering or transiting between the two countries and can now stay for up to 30 days instead of the previous 14 days.
2) Vietnam and Cambodia signed an agreement on November 4th, 2008 providing visa exemptions for ordinary passport holders, which took effect on December 5th, 2008 and allowed stays of up to 14 days.
3) The new policies extended the maximum stay to 30 days and took effect on January 1st, 2010.
This document provides the definitions and preliminary information for the Code of Civil Procedure, 1908 in Bangladesh. It defines key terms used in the code such as "decree", "judgment", "pleader", and "public officer". It also outlines some general principles for Bangladeshi civil procedure such as which courts have jurisdiction over which types of suits, the concept of res judicata, and where suits should be instituted based on the location of the subject matter in dispute.
This document provides an amended bill on immigration. Key points:
20
25
30
35
40
1. It allows for the removal of persons unlawfully in the UK and their family members.
2. It expands immigration officers' enforcement powers and makes changes to bail provisions.
3. It requires biometric information to be provided with more immigration applications and citizenship applications.
4. It defines biometric information and allows biometric immigration documents to be required.
This document provides an overview of the Code of Criminal Procedure, 1898 in Bangladesh. It discusses the establishment and classes of criminal courts in the country, including Courts of Sessions, Courts of Magistrates (which have Judicial and Executive Magistrates), and the four classes of Judicial Magistrates. It also covers territorial divisions like sessions divisions and districts, and notes that the Government can alter these limits. Finally, it discusses the appointment of Executive Magistrates and their jurisdiction.
This document summarizes the key points of The Drugs (Control) Act, 1950:
1. The Act provides for the control of the sale, supply, and distribution of drugs in India. It gives powers to state governments and central authorities to regulate drugs and impose restrictions.
2. Key powers include declaring drugs that fall under the Act, fixing maximum prices and quantities of drugs that can be held or sold, imposing restrictions on sale and possession where maximums are exceeded, and regulating the disposal of drugs.
3. Offences under the Act are punishable with imprisonment up to 3 years or fines. Courts can also order the forfeiture of drug stocks involved in offences. The Act provides search and
This document summarizes the registration of a prospectus approved by the Central Bank of Ireland for an issue by an Irish registered company. It provides details of the company issuing the prospectus, the date of Central Bank approval, and contact information for the person submitting the registration on behalf of the issuer. The registration certifies that the attached prospectus has been approved by the Central Bank of Ireland in accordance with relevant Irish laws and regulations.
Draft trafficking in persons (prevention, care and rehabilitation) bill 2021 ...ZahidManiyar
This document is the Trafficking in Persons (Prevention, Care and Rehabilitation) Bill of 2021 from India. It aims to [1] prevent and counter trafficking of persons, especially women and children, [2] provide care, protection and rehabilitation for victims while respecting their rights, and [3] ensure prosecution of offenders. Key aspects include establishing a National Anti-Human Trafficking Committee to coordinate prevention efforts, designating the National Investigation Agency as the lead investigative body for trafficking cases, and setting up District Anti-Human Trafficking Committees to protect and rehabilitate victims at the local level.
This document summarizes the Antiquities and Art Treasures Act of 1972 in India. The key points are:
1) The Act regulates the export of antiquities and art treasures from India and prevents smuggling and fraudulent dealings of antiquities.
2) It allows for the compulsory acquisition of antiquities and art treasures by the government to preserve them for public places.
3) Licenses are required to sell antiquities, and licensing officers are appointed to oversee licensing. Registration of specified antiquities is also required.
4) The Central Government can declare that only it can carry out the business of selling antiquities if needed for conservation or public interest.
This document outlines new quarantine protocols for people entering Karnataka from other states during the COVID-19 pandemic. It specifies that people coming from Maharashtra must quarantine for 7 days institutionally and 7 days at home, while those from Delhi or Tamil Nadu quarantine for 3 days institutionally and 11 days at home. All others must home quarantine for 14 days. It also mandates registration on the Seva Sindhu portal and describes enforcement and monitoring of quarantines. District commissioners may change quarantine types as needed with state notification.
WHAT MUST YOU DO IF YOU ARE DEPORTED FROM UAE? UAE is a pool of legislation which governs every aspect of citizens' life residing in the country, ensuring peace and harmony. With the presence of numerous laws, individuals, particularly foreign nationals, must keep up with every law in order to be eligible to stay in the country.
The document outlines the procedures and conditions for solemnizing special marriages and registering marriages that were celebrated in other forms under the Special Marriage Act of India. Key points include:
1) Marriages can be solemnized if certain conditions are met, such as neither party having a living spouse, being of sound mind, being within prohibited degrees of relationship, and meeting the minimum age requirements.
2) Parties must provide notice of their intended marriage and this notice is published to allow for any objections.
3) If objections are made, the Marriage Officer will inquire and make a determination on whether the marriage can be solemnized, which can be appealed.
4) Marriages must be solemnized in
The document discusses proposed amendments to the Registration of Births and Deaths Act, 1969 in India. It invites suggestions from the general public on the proposed amendments within 30 days of publication.
The key points are:
1) The Government of India is proposing amendments to simplify various sections of the existing Registration of Births and Deaths Act of 1969 and make it more user-friendly.
2) A copy of the proposed amendments is provided for reference, with the existing sections in one column and proposed amendments in another.
3) The public is invited to provide their suggestions or comments on the proposed amendments in the third column, along with justifications, and submit within 30 days via email.
This document is the preamble and introductory chapter of the Penal Code of Bangladesh from 1860. It establishes the title and extent of operation for the Penal Code, noting that it shall take effect throughout Bangladesh. It also establishes that individuals shall be liable under this Code for offenses committed within Bangladesh, and that some provisions extend extraterritorial application for offenses committed by Bangladeshi citizens or on ships/aircraft registered in Bangladesh wherever located. Finally, it provides initial definitions for terms that are used throughout the Code, such as "public servant", "wrongful gain/loss", and "document".
This document outlines the Maharashtra Right to Public Services Act of 2015. Some key points:
- It establishes time limits for various government services that must be provided to eligible persons. Services and their time limits from different departments are listed.
- It creates a system of designated officers responsible for providing each service, as well as first and second appellate authorities to hear appeals if services are denied or delayed.
- Penalties can be imposed on designated officers or appellate authorities if they are found to have denied services without cause or failed to decide appeals in a timely manner. Repeated failures can also result in disciplinary action against designated officers.
- The act aims to encourage use of information technology to deliver services online and
The document provides frequently asked questions and answers regarding the Foreign Contribution Regulation Act (FCRA) of 2010. Some key points:
1) Foreign contribution is defined as donations, currency, or securities received from a foreign source. Earnings from foreign clients for goods/services sold are excluded.
2) Only certain organizations involved in cultural, educational, or social activities can receive foreign funds after obtaining permission. Politicians, government employees, and banned groups cannot.
3) Donations from NRIs are allowed but those from foreign nationals or PIO card holders count as foreign contribution. Interest earned on such funds must also be reported.
4) Foreign funds can
Foreign Contribution Regulation Act 2010 power point presentation (ppt slide) by Shalini Singh, BY- SHALINI SINGH, BSC LLB(HONS), GUJARAT NATIONAL LAW UNIVERSITY, during Internship at Biz and Legis Law Firm.
An Act to consolidate the law to regulate the acceptance and
utilisation of foreign contribution or foreign hospitality by certain
individuals or associations or companies and to prohibit
acceptance and utilisation of foreign contribution or foreign
hospitality for any activities detrimental to the national interest
and for matters connected therewith or incidental thereto
This document summarizes the Foreign Contribution (Regulation) Act of 1976 in India, which regulates the acceptance and use of foreign contributions by certain individuals and organizations.
The key points are:
1) It regulates foreign contributions to political parties, candidates for election, government employees, members of legislatures, and certain organizations.
2) These individuals and organizations must disclose any foreign contributions received above a certain amount and for what purposes.
3) Certain associations carrying out cultural, educational or social programs can accept foreign contributions if registered with the central government and contributions are received through specified bank branches.
This document summarizes the Criminal Law Amendment Act of 1908 in India. The act aimed to provide for more speedy trials of certain offenses and prohibit associations dangerous to public peace. It established that associations that encourage violence or whose members commit violent acts could be declared unlawful by state governments. The act gave powers to state governments to notify places being used by unlawful associations and allow authorities to take possession of such places and belongings found within. It established penalties for membership in unlawful associations or assisting their operations. Several state governments have since amended sections of the act.
This document is the Citizenship (Amendment) Bill, 2019 which aims to amend the Citizenship Act of 1955. The key points are:
1) It proposes to consider illegal migrants from Hindu, Sikh, Buddhist, Jain, Parsi or Christian communities from Afghanistan, Bangladesh or Pakistan who entered India before December 31, 2014 as not "illegal migrants".
2) It allows the central government to grant citizenship to such migrants belonging to minority communities from the three countries who are exempted by the central government from the Foreigners Act and/or the Passport Act.
3) It reduces the requirement of residency in India for citizenship by naturalization from 11 years to 5 years for persons
1. The Constitution of India establishes the territory and governance structure of India as a union of states.
2. Parliament has the power to admit new states to the union or establish new states, alter the boundaries or names of existing states, or adjust the areas of states.
3. The Constitution defines Indian citizenship at the time of commencement, and the rights of citizenship of persons who have migrated from Pakistan or reside outside of India. Parliament has the power to regulate citizenship law.
This document summarizes the Dowry Prohibition Act of 1961 in India, which aims to prohibit the practice of dowry. Some key points:
- It defines dowry as any property or valuable security given by one party to a marriage to the other party, before, during or after the marriage. This does not include customary gifts or dower/mahr for Muslims.
- Giving or taking dowry is punishable by imprisonment of at least 5 years and a fine. Demanding dowry is punishable by 6 months to 2 years imprisonment and a fine.
- Advertising property/money shares for marriage is punishable by 6 months to 5 years imprisonment and a fine.
The document discusses the history and provisions of the Goondas Act in Tamil Nadu, India. It describes how the Act was originally enacted in 1982 to address dangerous activities by bootleggers, drug offenders, goondas, and others. It has since been amended several times to include additional categories of offenses. The key aspects covered include: definitions of who qualifies as a "goonda"; the power of the state government to issue detention orders; constitution of advisory boards to review detentions; maximum detention periods; and provisions for temporary release of detainees.
The document summarizes visa exemption policies for Vietnamese and Cambodian citizens:
1) As of January 1st, 2010, Vietnamese and Cambodian citizens holding ordinary passports valid for at least six months will be exempt from visas when entering or transiting between the two countries and can now stay for up to 30 days instead of the previous 14 days.
2) Vietnam and Cambodia signed an agreement on November 4th, 2008 providing visa exemptions for ordinary passport holders, which took effect on December 5th, 2008 and allowed stays of up to 14 days.
3) The new policies extended the maximum stay to 30 days and took effect on January 1st, 2010.
This document provides the definitions and preliminary information for the Code of Civil Procedure, 1908 in Bangladesh. It defines key terms used in the code such as "decree", "judgment", "pleader", and "public officer". It also outlines some general principles for Bangladeshi civil procedure such as which courts have jurisdiction over which types of suits, the concept of res judicata, and where suits should be instituted based on the location of the subject matter in dispute.
This document provides an amended bill on immigration. Key points:
20
25
30
35
40
1. It allows for the removal of persons unlawfully in the UK and their family members.
2. It expands immigration officers' enforcement powers and makes changes to bail provisions.
3. It requires biometric information to be provided with more immigration applications and citizenship applications.
4. It defines biometric information and allows biometric immigration documents to be required.
This document provides an overview of the Code of Criminal Procedure, 1898 in Bangladesh. It discusses the establishment and classes of criminal courts in the country, including Courts of Sessions, Courts of Magistrates (which have Judicial and Executive Magistrates), and the four classes of Judicial Magistrates. It also covers territorial divisions like sessions divisions and districts, and notes that the Government can alter these limits. Finally, it discusses the appointment of Executive Magistrates and their jurisdiction.
This document summarizes the key points of The Drugs (Control) Act, 1950:
1. The Act provides for the control of the sale, supply, and distribution of drugs in India. It gives powers to state governments and central authorities to regulate drugs and impose restrictions.
2. Key powers include declaring drugs that fall under the Act, fixing maximum prices and quantities of drugs that can be held or sold, imposing restrictions on sale and possession where maximums are exceeded, and regulating the disposal of drugs.
3. Offences under the Act are punishable with imprisonment up to 3 years or fines. Courts can also order the forfeiture of drug stocks involved in offences. The Act provides search and
This document summarizes the registration of a prospectus approved by the Central Bank of Ireland for an issue by an Irish registered company. It provides details of the company issuing the prospectus, the date of Central Bank approval, and contact information for the person submitting the registration on behalf of the issuer. The registration certifies that the attached prospectus has been approved by the Central Bank of Ireland in accordance with relevant Irish laws and regulations.
Draft trafficking in persons (prevention, care and rehabilitation) bill 2021 ...ZahidManiyar
This document is the Trafficking in Persons (Prevention, Care and Rehabilitation) Bill of 2021 from India. It aims to [1] prevent and counter trafficking of persons, especially women and children, [2] provide care, protection and rehabilitation for victims while respecting their rights, and [3] ensure prosecution of offenders. Key aspects include establishing a National Anti-Human Trafficking Committee to coordinate prevention efforts, designating the National Investigation Agency as the lead investigative body for trafficking cases, and setting up District Anti-Human Trafficking Committees to protect and rehabilitate victims at the local level.
This document summarizes the Antiquities and Art Treasures Act of 1972 in India. The key points are:
1) The Act regulates the export of antiquities and art treasures from India and prevents smuggling and fraudulent dealings of antiquities.
2) It allows for the compulsory acquisition of antiquities and art treasures by the government to preserve them for public places.
3) Licenses are required to sell antiquities, and licensing officers are appointed to oversee licensing. Registration of specified antiquities is also required.
4) The Central Government can declare that only it can carry out the business of selling antiquities if needed for conservation or public interest.
This document outlines new quarantine protocols for people entering Karnataka from other states during the COVID-19 pandemic. It specifies that people coming from Maharashtra must quarantine for 7 days institutionally and 7 days at home, while those from Delhi or Tamil Nadu quarantine for 3 days institutionally and 11 days at home. All others must home quarantine for 14 days. It also mandates registration on the Seva Sindhu portal and describes enforcement and monitoring of quarantines. District commissioners may change quarantine types as needed with state notification.
WHAT MUST YOU DO IF YOU ARE DEPORTED FROM UAE? UAE is a pool of legislation which governs every aspect of citizens' life residing in the country, ensuring peace and harmony. With the presence of numerous laws, individuals, particularly foreign nationals, must keep up with every law in order to be eligible to stay in the country.
The document outlines the procedures and conditions for solemnizing special marriages and registering marriages that were celebrated in other forms under the Special Marriage Act of India. Key points include:
1) Marriages can be solemnized if certain conditions are met, such as neither party having a living spouse, being of sound mind, being within prohibited degrees of relationship, and meeting the minimum age requirements.
2) Parties must provide notice of their intended marriage and this notice is published to allow for any objections.
3) If objections are made, the Marriage Officer will inquire and make a determination on whether the marriage can be solemnized, which can be appealed.
4) Marriages must be solemnized in
The document discusses proposed amendments to the Registration of Births and Deaths Act, 1969 in India. It invites suggestions from the general public on the proposed amendments within 30 days of publication.
The key points are:
1) The Government of India is proposing amendments to simplify various sections of the existing Registration of Births and Deaths Act of 1969 and make it more user-friendly.
2) A copy of the proposed amendments is provided for reference, with the existing sections in one column and proposed amendments in another.
3) The public is invited to provide their suggestions or comments on the proposed amendments in the third column, along with justifications, and submit within 30 days via email.
This document is the preamble and introductory chapter of the Penal Code of Bangladesh from 1860. It establishes the title and extent of operation for the Penal Code, noting that it shall take effect throughout Bangladesh. It also establishes that individuals shall be liable under this Code for offenses committed within Bangladesh, and that some provisions extend extraterritorial application for offenses committed by Bangladeshi citizens or on ships/aircraft registered in Bangladesh wherever located. Finally, it provides initial definitions for terms that are used throughout the Code, such as "public servant", "wrongful gain/loss", and "document".
This document outlines the Maharashtra Right to Public Services Act of 2015. Some key points:
- It establishes time limits for various government services that must be provided to eligible persons. Services and their time limits from different departments are listed.
- It creates a system of designated officers responsible for providing each service, as well as first and second appellate authorities to hear appeals if services are denied or delayed.
- Penalties can be imposed on designated officers or appellate authorities if they are found to have denied services without cause or failed to decide appeals in a timely manner. Repeated failures can also result in disciplinary action against designated officers.
- The act aims to encourage use of information technology to deliver services online and
The document provides frequently asked questions and answers regarding the Foreign Contribution Regulation Act (FCRA) of 2010. Some key points:
1) Foreign contribution is defined as donations, currency, or securities received from a foreign source. Earnings from foreign clients for goods/services sold are excluded.
2) Only certain organizations involved in cultural, educational, or social activities can receive foreign funds after obtaining permission. Politicians, government employees, and banned groups cannot.
3) Donations from NRIs are allowed but those from foreign nationals or PIO card holders count as foreign contribution. Interest earned on such funds must also be reported.
4) Foreign funds can
Foreign Contribution Regulation Act 2010 power point presentation (ppt slide) by Shalini Singh, BY- SHALINI SINGH, BSC LLB(HONS), GUJARAT NATIONAL LAW UNIVERSITY, during Internship at Biz and Legis Law Firm.
An Act to consolidate the law to regulate the acceptance and
utilisation of foreign contribution or foreign hospitality by certain
individuals or associations or companies and to prohibit
acceptance and utilisation of foreign contribution or foreign
hospitality for any activities detrimental to the national interest
and for matters connected therewith or incidental thereto
This document summarizes the Foreign Contribution (Regulation) Act of 1976 in India, which regulates the acceptance and use of foreign contributions by certain individuals and organizations.
The key points are:
1) It regulates foreign contributions to political parties, candidates for election, government employees, members of legislatures, and certain organizations.
2) These individuals and organizations must disclose any foreign contributions received above a certain amount and for what purposes.
3) Certain associations carrying out cultural, educational or social programs can accept foreign contributions if registered with the central government and contributions are received through specified bank branches.
Synopsis:
Introduction and Applicability
Objective
Important Definitions
Prohibition to accept foreign contribution
Non-applicability
Registration
Grant of certificate, suspension, cancellation and renewal of certificate
Maintenance of accounts and Audit of accounts
Offences and Penalties
Miscellaneous Provisions
Reporting in various forms under the Act
The Foreign Contribution Regulation Act was enacted in 1976 and replaced in 2010 to regulate foreign donations and contributions to Indian organizations. The Act aims to prevent foreign influence in electoral politics and activities detrimental to public interest. It is administered by the Home Ministry and requires any NGO receiving foreign funds to register under the FCRA and comply with strict reporting and accounting standards. The 2010 version introduced provisions like 5-year validity for registration, cancellation of NGO registrations for political activities, and separate bank accounts for foreign contributions. It prohibits certain individuals and organizations like government employees, politicians, and political parties from receiving foreign funds.
Representation of People Amendment Bill 2016Rohit Sachdeva
This document proposes amendments to the Representation of the People Act, 1951 regarding regulation of political parties and electoral trusts in India. Key points:
- It defines terms like "paying for news", "political advertisement", and "receiving payment for news".
- It requires only registered political parties to nominate candidates for elections.
- It increases penalties for non-compliance of submitting audited accounts, contribution reports, and election expense statements.
- It regulates donations received and expenditures made by political parties and electoral trusts, and increases disclosure requirements.
The document discusses the Foreign Contribution Regulation Act of 2010 in India. Some key points:
- The Act regulates the acceptance and use of foreign contributions or hospitality by certain individuals, associations, and companies in India.
- Eligible entities like trusts, societies, and Section 8 companies can apply for registration under FCRA to legally receive foreign funds.
- Contributions must be received only in a designated bank account and separate accounts must be maintained for foreign funds.
- Registered entities must file annual reports with details of foreign receipts and expenditures and are prohibited from mixing foreign and local funds.
सुप्रीम कोर्ट ने एसबीआई के एक्सटेंशन आवेदन को खारिज करते हुए बैंक को 12 मार्च तक दानदाता और पार्टी के विवरण सहित चुनावी बांड के विवरण का खुलासा करने का आदेश दिया है।
The document provides a list of officers and directors of the registrant Overseas Friends of BJP-USA in Appendix.
Response to Item 5(g)
Item 5(g): Which of the above named persons renders services directly in furtherance of the interests of any of the foreign principals?
The document summarizes the key aspects of the Foreign Exchange Management Act (FEMA) of 1999 in India. It provides definitions of important terms like authorized person, capital account transaction, current account transaction, and foreign exchange. It outlines the chapters of FEMA, including regulation of foreign exchange, authorized persons, contraventions and penalties, adjudication and appeal procedures. The objective of FEMA is to facilitate external trade and payments in foreign exchange in India.
This document is the Foreign Trade (Development and Regulation) Act of 1992 from India. It aims to facilitate imports and exports to develop and regulate foreign trade. Some key points:
- It gives the Central Government power to regulate imports/exports and formulate export/import policies through orders.
- No one can import/export without an Importer-Exporter Code Number granted by authorities. Code Numbers can be suspended/cancelled for violations.
- Licenses are required for certain imports/exports and can be granted, renewed, suspended or cancelled.
- It establishes authorities to adjudicate violations, impose penalties/confiscations, and hear appeals. Violators may be penalized or have goods confiscated.
This document contains rules related to the acceptance of deposits by companies in India as per the Companies Act, 2013. Some key points:
- It defines various terms related to deposits such as eligible company, deposit, depositor etc. and specifies the types of amounts that are not considered deposits.
- It sets rules for companies regarding the terms and conditions of accepting deposits such as minimum and maximum maturity periods, limits on amounts that can be accepted from members vs others.
- It specifies the form and particulars of advertisements or circulars that must be issued when inviting deposits, including issuing to all members, publishing, uploading online, getting registered with the registrar etc.
- It provides details on joint deposits
This presentation provides an overview of the Foreign Contribution Regulation Act (FCRA) in India. The key points covered are:
- The FCRA was passed in 1976 to regulate acceptance and use of foreign funds by organizations in India.
- Foreign contribution is defined as donations, currency, or securities from foreign sources exceeding 1000 rupees. Contributions from NRIs through normal banking are excluded.
- Foreign sources include foreign governments, international agencies, foreign companies and citizens.
- Certain groups like election candidates, government employees, and legislators cannot accept foreign funds.
- Associations must register with the government to accept foreign funds if they have existed over 3 years and spent over 6 l
The document outlines various exemptions and tax concessions under Pakistan's tax ordinance. It discusses exemptions for agricultural income, income of certain foreign experts in Pakistan, Pakistani seafarers working on Pakistani or foreign vessels, income of individuals with diplomatic privileges, UN pensions, salaries of foreign government employees, income exempt under international agreements, scholarships, alimony, and more. It also discusses deductible allowances for zakat and workers' welfare funds paid. Finally, it outlines tax credits available for charitable donations to educational and relief organizations.
This document is the draft of "The Illegal Immigrants (Identification and Deportation) Bill, 2018" introduced in the Rajya Sabha of India. The bill aims to provide an institutional mechanism to identify illegal immigrants in India and deport them. It establishes a National Commission for Identification and Deportation of Illegal Immigrants to oversee the process at the national level. Additionally, each state or group of states would have a State Commission to identify illegal immigrants locally and supply lists to the national body for deportation actions. The bill grants investigation powers to the commissions and prioritizes speedy resolution of legal cases involving illegal immigrants.
This document outlines rules related to foreign trade regulation in India as notified by the Ministry of Commerce. Some key points:
1. It establishes rules for granting special import/export licenses if denying them could harm India's foreign trade or obligations.
2. It details license application procedures and fees, as well as conditions like restrictions on transfers and requirements that goods be new.
3. Licensing authorities can refuse licenses for reasons like violations, false statements, or if foreign exchange is unavailable for imports. Licenses can also be amended or suspended.
The document discusses the key aspects of the Foreign Contribution Regulation Act (FCRA) 2010 in India. It defines what constitutes a foreign source according to the act and provides examples. It outlines the purpose of the act is to regulate acceptance and use of foreign funds to ensure it is not detrimental to national interests. It discusses compliance requirements such as maintaining separate bank accounts, records, utilization and filing requirements. It also highlights some debated issues under the act and common violations by organizations.
- The document contains the text of the Lokpal and Lokayuktas Bill, 2013 as passed by both houses of Parliament, incorporating amendments made by Rajya Sabha.
- The bill establishes the Lokpal, an anti-corruption ombudsman organization for the Union government of India, and provides for inquiries into allegations of corruption against public servants.
- It outlines the composition, appointment process, powers, and functions of the Lokpal organization and its various wings.
Presentation on foreign exchange mangement act (1999)satya pal
This document provides an overview of the Foreign Exchange Management Act (FEMA) of 1999 in India. Some key points:
- FEMA consolidated and amended laws relating to foreign exchange to facilitate trade and payments and regulate foreign exchange markets.
- It is administered by the Enforcement Directorate and Reserve Bank of India. The Directorate has offices across India overseeing enforcement.
- FEMA aims to increase foreign exchange resources, liberalize trade and investments, and promote an orderly foreign exchange market.
- It regulates transactions in foreign exchange, restricts holdings of foreign exchange, and requires realization and repatriation of export proceeds to India. Authorized persons must comply with RBI directions and their activities
The document provides an overview of the Foreign Contribution (Regulation) Act (FCRA) in India. The key points are:
1. The FCRA regulates acceptance of foreign donations by organizations in India and is administered by the Ministry of Home Affairs. Organizations must register under the FCRA to accept foreign contributions.
2. To register, an organization must have cultural, social, educational, religious or economic objectives. It must open a designated bank account and agree to only use that account for foreign funds.
3. Foreign contributions include donations of currency, goods, or securities from foreign sources such as foreign governments, companies, or individuals. Registered organizations must submit annual reports on foreign
Similar to Taxmann's Foreign Contribution Regulation Manual (20)
GST Made Easy provides an Updated, Comprehensive & Simplified Analysis of each provision of the GST Law. The objective behind this book is that the understanding of GST should be as easy as ABC. This book provides answers to all your practical queries on GST.
The Present Publication is the 10th Edition, authored by CA (Dr.) Arpit Haldia & updated till 15th June 2021, with the following noteworthy features:
• [Focus on Analysis of Substantive Provisions of the GST Law] such as supply, time of supply, place of supply, value of supply, input tax credit, etc.
• [Guidance on all Procedural Provisions] relating to registration, composition scheme, returns, liability to pay tax, etc.
• [Coverage of Provisions of the GST Law] such as assessment, demand & recovery, refunds, e-way bill, job work, etc.
The contents of the book are as follows:
• Introduction
• An Overview of GST
• Person Liable to Pay Tax in GST
• Registration in GST
• What is Supply
• Time of Supply of Goods
• Time of Supply of Services
• Value of Supply
• Place of Supply
• Determination of Supply in the Course of Inter-State Trade or Commerce or Intra-State Supplies
• Job Work
• Invoice, Credit and Debit Notes
• Input Tax Credit
• Payment of Taxes
• Brief about Persons requiring Mandatory Registration
• Composition Levy – For Supplier of Goods and for Persons Engaged in Making Supplies Referred to in Clause (b) of Paragraph 6 of Schedule II
• Returns
• Assessment
• Refund
• Accounts and Records
• E-Way Bill
• Advance Ruling
• Composition Scheme for Services or Mixed Suppliers
• Demand and Recovery
• Penalty
• Rule 86B – Payment of 1% of Output Liability in Cash
Taxmann's Guide to SARFAESI Act 2002 & Recovery of Debts and Bankruptcy Act 1993Taxmann
This document provides an overview of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). It discusses the background and objectives of the Act, key features such as enforcement of security, securitization, and asset reconstruction. It also examines related topics such as the constitutional validity of the Act, applicability to different entities, and interactions with other laws like the Recovery of Debts and Bankruptcy Act, 1993 and Insolvency and Bankruptcy Code, 2016. The document outlines the procedures for enforcement of security, sale of secured assets, appeals and penalties under the SARFAESI Act.
Taxmann's LLP Manual is a compendium Amended, Updated & Annotated text of the Limited Liability Partnership Act, 2008 (as amended by the Limited Liability Partnership (Amendment) Act, 2021) along with Rules, Circulars, and Notifications.
This book is divided into four divisions:
• Limited Liability Partnership Act, 2008
• Limited Liability Rules
• Circulars & Notifications
• Foreign Direct Investment in Limited Liability Partnership
The Present Publication is the 8th Edition & amended up to 13th August 2021, authored by Taxmann's Editorial Board, with the following noteworthy features:
• [List of Amendments, at a glance] made by the Limited Liability Partnership (Amendment) Act, 2021
• [Short Commentary] on the following:
◦ Limited Liability Partnership (Amendment) Act, 2021
◦ Limited Liability Partnership Act, 2008
• [Integrated LLP Rules, Circulars & Notifications, FDI Policy, FEMA Regulations]
◦ Limited Liability Partnership Rules, 2009 as amended up to date
◦ Limited Liability Partnership (Winding up and Dissolution) Rules, 2012
◦ Text of LLP Circulars & Notifications
◦ FDI Policy related to LLPs
◦ FEMA Regulations & Schedules related to LLPs
• [Taxmann's series of Bestseller Books] on LLP Laws
• [Follows the six-sigma approach] to achieve the benchmark of 'zero error'
GST Investigations Demands Appeals & Prosecution aims to cover the past & emerging jurisprudence on the subject matter along with a lucid commentary on the statutory provisions under the GST Law relating to the following:
• GST Inspection
• GST Search
• GST Seizure
• GST Detention
• GST Audit
• GST Confiscation
• GST Penalty
• GST Show Cause Notice
• GST Adjudication
• GST Appeals
• GST Revision
• GST Prosecution
• GST Compounding
The objective of this book is to sensitize both taxpayers and tax officers of their rights and obligations when:
• Investigations are undertaken;
• Records and documents are seized;
• Officials from companies are summoned, and
• Statements are recorded.
This book will be helpful for taxpayers, departmental officers, members of the bar & bench, professionals and the judiciary to appreciate the intricate points and issues arising out of implementation of the relevant provisions conferring wide powers on the officers.
The Present Publication is the Latest Edition, authored by Dr. Gokul Kishore & R. Subhashree & amended up to July 2021, with the following noteworthy features:
• [Commentary/Practical Guide] This book is intended to serve as a commentary and also a practical guide to all stakeholders on the provisions and issues emerging from various orders passed by High Courts on search, summons, arrest, bail, provisional attachment, demands, penalty and confiscation
• [Analysis of the Statutory Provisions featuring Landmark Cases & Recent Orders] GST is in force for only four years. Still, instances of the use of powers of search and seizure have been increasingly visible. This book analyses the provisions along with both the landmark cases on this subject as well as the recent orders under GST law.
• [Analysis includes the Previous & Current Regime of Indirect-taxes] While arrest and prosecution powers have been in the statute book under the pre-GST tax laws, the frequency of invocation of such powers in the GST regime is high. Various orders on bail, conditions for bail and validity of arrest passed by High Courts have been discussed to comprehend the scope, limitations and interpretation of the provisions
• [Threadbare Analysis with Established Jurisprudence & Principles Evolved over the Years] Proceedings for recovery of tax commences with demand notice or show cause notice followed by adjudication order, and the dispute is carried in an appeal if either party is aggrieved. The provisions under GST law on demands, adjudication, appeals, revision and recovery action have been subjected to threadbare analysis with the help of established jurisprudence and principles evolved over the years
Taxmann's GST Law & Practice is a unique/concise book on the GST Laws (i.e., Statutory Portion & Case Laws). Coverage of the book is as follows:
• Central Goods and Services Tax Act 2017 (CGST)
• Integrated Goods and Services Tax Act 2017 (SGST)
• Goods and Services Tax (Compensation to States) Act 2017
• Classification of Goods & Services
What sets it apart is the 'unique way of presenting' the compendium of 'updated, amended & annotated' text of the CGST & SGST Acts along with relevant Rules, Notifications, Forms, Circulars, Clarifications, and Case Laws. In other words, read the Section & get the following:
• Text of the relevant Rules & Notifications
• The gist of the relevant Circulars
• Date of enforcement of provisions
• Allied Laws referred to in the provision
• Gist of relevant Case Laws with an easy-to-understand summary
This book also includes Case Laws on the classification of goods & services under the GST regime in a separate division.
The Present Publication is the 2nd Edition, amended up to July 2021, authored by CA (Dr.) Arpit Haldia & CA Mohd. Salim, with the following noteworthy features:
• [Taxmann's series of Bestseller Books] on GST Laws
• [Follows the six-sigma approach] to achieve the benchmark of 'zero error.'
The detailed contents of the book are as follows:
• Central Goods & Services Tax Act 2017
◦ Arrangement of Sections
◦ Arrangement of Rules
◦ Text of the Central Goods & Services Tax Act, 2017
◦ Removal of Difficulties Order
◦ Text of Provisions of Allied Acts referred to in Central Goods & Services Tax Act, 2017
◦ Subject Index
• Integrated Goods & Services Tax Act 2017
◦ Arrangement of Sections
◦ Arrangement of Rules
◦ Text of the Integrated Goods & Services Tax Act, 2017
Subject Index
• Goods and Services Tax (Compensation to States) Act 2017
◦ Arrangement of Sections
◦ Text of the Goods and Services Tax (Compensation to States) Act, 2017
◦ Subject Index
• Classification of Goods & Services
◦ Classification of Goods
◦ Classifications of Services
This standard provides guidance on accounting for property, plant and equipment (PPE), which typically constitute a significant portion of total assets. It discusses capitalization of expenditures on PPE, depreciation, retirement and disposal of PPE. These have a material impact on balance sheet and profit and loss statement. The standard scopes in tangible items held for use in production/supply of goods/services, rental to others or for administrative purposes, which are expected to be used for more than one period.
GST Exports-Imports & Deemed Exports is a harmonious blend of the following laws:
• GST
• Customs
• Foreign Trade Policy
• Allied Laws
This book aims to consolidate & explain different provisions of the law and subsequent procedural changes such as Notifications, Circulars, Instructions and Trade Notices issued by CBIC and DGFT, along with relevant Advance Rulings with regards to Imports, Exports, Deemed Exports under different laws.
This book is intended to help the trade and industry dealing with exports, imports and deemed exports for compliance with the legal requirements and avail the benefits under various provisions of the Foreign Trade Policy, Customs and GST laws with better understanding and appreciation of the intricacies.
The Present Publication is the 2nd Edition, authored by Kaza Subrahmanyam & T.N.C. Rajagopalan, with the following coverage:
• [Conceptual Understanding of provisions of Imports and Exports] of Goods & Services
• [Meaning of Zero Rated Supply along with Refunds] for Physical Exports and Deemed Exports under GST
• [Treatment of supplies by and to EOU/SEZ unit or SEZ Developer/FTWZ] along with Special Exemptions/Concessions and procedural requirements
• [Foreign Trade Policy] under GST
Guide to Customs Valuation is a complete and comprehensive commentary on laws relating to valuation under Customs laws. It is a brief, concise and handy reference book, which provides the updated and simplified analysis of provisions to determine valuation under the Customs laws.
This book will be helpful for Customs Consultants, Advocates, Corporate Managers & Departmental Officers.
This book is divided into two parts:
• Valuation of Imported Goods
• Valuation of Export Goods
The Present Publication is the Latest Edition, authored by H.K. Maingi, amended up to July 2021, with the following noteworthy features:
• [Conceptual Understanding of Valuation] Conceptual understanding of provisions of Valuation under Section 14 of Customs Act and Customs Valuation (Determination of Value of Export Goods) Rules, 2007
• [Valuation] Valuation of Imported Goods & Exported Goods, Valuation in case of High Sea Sales & related persons, Valuation of capital goods on debonding, etc.
• [Various Additions in Transaction Value] Various additions in Transaction Value such as Brokerage, Service Charge, Transportation, etc.
• [Other Concepts] Concepts of related persons, under-invoicing and over-invoicing, Special Valuation Branch, etc.
This edition covers everything you need to understand about the provisions of Valuation under Customs in a subtle and simplified language.
The detailed coverage of the book is as follows:
• Introduction
• Valuation of Imported Goods
◦ Transaction Value
◦ Transaction Value to be Accepted in the Absence of Condition and Restriction under Rule 3(2)
◦ Contract Prices and Transaction Value
◦ High Sea Sales and Transaction Value
◦ Related Persons
◦ Transaction Value of Identical or Similar Goods and Contemporaneous Imports
◦ Deductive Value
◦ Computed Value
◦ Residual Method
◦ Reliance on Foreign Journals indicating International Prices for Determining Assessable Value
◦ Addition to Transaction Value Royalty, Licence and Technical Know-How Fees
◦ Other Addition to Transaction Value
◦ Declaration by the Importer
◦ Rejection of Declared Value
◦ Investigation by Special Valuation Branch
• Valuation of Export Goods
◦ Export Valuation
◦ Under-Invoicing and Over-Invoicing of Exports
◦ Customs Valuation (Determination of Value of Export Goods) Rules, 2007
◦ Inclusion/Exclusion Duty Element from Cum Duty Price
◦ Valuation of Goods Sold in DTA from EOU and Debonding of Capital Goods from EOU
Taxmann's MCQs and Integrated Case Studies on Corporate & Economic LawsTaxmann
MCQs & Integrated Case Studies on Corporate & Economic Laws are prepared exclusively for the Final Level of Chartered Accountancy Examination requirement. It covers the entire revised, new syllabus as per ICAI.
The Present Publication is the 6th Edition & Updated till 30th April 2021 for CA-Final | New Syllabus, with the following noteworthy features:
• Strictly as per the New Syllabus of ICAI
• [Knowledge Based & Application Based MCQs] as per the pattern applicable for the exams
• Includes the following types of MCQs in a Separate Section in Each Chapter:
◦ RTPs & MTPs
◦ Past Exam Questions
• [Most Updated & Amended] This book is updated & amended as per the following:
◦ Companies (Amendment) Act, 2020
◦ Companies (Appointment and Qualifications of Directors) 5th Amendment Rules, 2020
◦ Schedule V of the Companies Act, 2013
◦ Master Directions – External Commercial Borrowings (Updated as of 12th April 2021)
◦ Foreign Exchange Management (Export of Goods and Services) (Amendment) Regulations, 2021
◦ Foreign Contribution (Regulation) Amendment Act, 2020
◦ Arbitration and Conciliation (Amendment) Act, 2021
◦ Insolvency and Bankruptcy (Amendment) Ordinance, 2021
Also Available:
• [7th Edition] of Taxmann’s Corporate & Economic Laws (New Syllabus)
• [7th Edition] of Taxmann’s CRACKER cum Exam Guide on Corporate & Economic Laws (New Syllabus)
• Taxmann’s Combo for Textbook + Cracker + MCQs & Integrated Case Studies + Class Notes
Contents of this book are as follows:
• Appointment and Qualifications of Directors
• Meeting of the Board and its Powers
• Appointment and Remuneration of Managerial Personnel
• Inspection, Inquiry and Investigation
• Compromises, Arrangements and Amalgamations
• Prevention of Oppression & Mismanagement
• Winding Up
• Companies Incorporated Outside India
• Miscellaneous Provisions
• Adjudication and Special Courts
• NCLT and NLCAT
• Corporate Secretarial Practice
• Securities Contracts (Regulation) Act, 1956 and SCR Rules, 1957 | Deleted from Syllabus
• Securities and Exchange Board of India Act, 1992 & SEBI (LODR) Regulations, 2015
• Foreign Exchange Management Act, 1999
• Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFESI Act, 2002) | Deleted from Syllabus
• Prevention of Money Laundering Act, 2002
• Foreign Contribution (Regulation) Act, 2010
• Arbitration and Conciliation Act, 1996
• Insolvency and Bankruptcy Code, 2016
• Integrated Case Studies
Taxmann’s CRACKER for Corporate & Economic Laws is prepared exclusively for the Final Level of Chartered Accountancy Examination requirement. It covers the entire revised, new syllabus as per ICAI.
The Present Publication is the 7th Edition & Updated till 30th April 2021 for CA-Final | New Syllabus, authored by Pankaj Garg, with the following noteworthy features:
• Strictly as per the New Syllabus of ICAI
• [600+ Questions and Case Studies] with complete answers
• Coverage of this book includes:
• All Past Exam Questions
▪ CA Final July 2021 (New Syllabus) – Suggested Answers
◦ Questions from RTPs and MTPs of ICAI
• [Chapter-wise] marks distribution for Past Exams
• [Most Updated & Amended] This book is updated & amended as per the following:
◦ Companies (Amendment) Act, 2020
◦ Companies (Appointment and Qualifications of Directors) fifth Amendment Rules, 2020
◦ Schedule V of the Companies Act, 2013
◦ Master Directions – External Commercial Borrowings (Updated as of 12th April 2021)
◦ Foreign Exchange Management (Export of Goods and Services) (Amendment) Regulations, 2021
◦ Foreign Contribution (Regulation) Amendment Act, 2020
◦ Arbitration and Conciliation (Amendment) Act, 2021
◦ Insolvency and Bankruptcy (Amendment) Ordinance, 2021
Also Available:
• [7th Edition] of Taxmann’s Corporate & Economic Laws (New Syllabus)
• [6th Edition] of Taxmann’s MCQs & Integrated Case Studies on Corporate & Economic Laws (New Syllabus)
• Taxmann’s Combo for Textbook + Cracker + MCQs & Integrated Case Studies
Contents of this book are as follows:
• Appointment and Qualifications of Directors
• Meeting of the Board and its Powers
• Appointment and Remuneration of Managerial Personnel
• Inspection, Inquiry and Investigation
• Compromises, Arrangements and Amalgamations
• Prevention of Oppression & Mismanagement
• Winding Up
• Companies Incorporated Outside India
• Miscellaneous Provisions
• Adjudication and Special Courts
• National Company Law Tribunal and Appellate Tribunal
• Corporate Secretarial Practice – Drafting of Notices, Resolutions, Minutes & Reports
• Securities Contracts (Regulation) Act, 1956 and SCR Rules, 1957 (Deleted from syllabus)
• Securities and Exchange Board of India Act, 1992 & SEBI (LODR) Regulations, 2015
• Foreign Exchange Management Act, 1999
• Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFESI Act, 2002)
• Prevention of Money Laundering Act, 2002
• Foreign Contribution (Regulation) Act, 2010
• Arbitration and Conciliation Act, 1996
• Insolvency and Bankruptcy Code, 2016
FEMA & FDI Ready Reckoner provides complete and accurate information about all provisions of the Foreign Exchange Management Act, 1999 (FEMA). It also includes guidance on all practical issues faced by companies and FEMA professionals.
Key features of this book are as follows:
• Topic-wise commentary on FEMA
• Analysis of all provisions of FEMA with relevant Rules, Judicial Pronouncements, Circulars, Notifications and Master Directions issued by Reserve Bank of India
• Law Relating to the following
◦ Prevention of Money Laundering Act
◦ Foreign Contribution (Regulation) Act
◦ COFEPOSA
The Present Publication is the 15th Edition, and it is amended up to 30th June 2021. The coverage of this book is as follows:
• FEMA – Overview
• Authorised Person under FEMA
• Account in India by Person Resident out of India
• Accounts of Indian Residents in Foreign Currency
• Receipt and Payment in Foreign Exchange
• Realisation, Repatriation and Surrender of Foreign Exchange
• Money Changing Activities
• Money Transfer Service Scheme (MTSS)
• Possession and Retention of Foreign Currency
• Export and Import of Currency or Currency Notes
• Remittances on Current Account
• Liberalised Remittance Scheme (LRS)
• Export of Goods and Services
• Import of Goods and Services
• Project Exports and Service Exports
• Foreign Exchange Rates
• Overview of Capital Account Transactions
• Foreign Investment in India
• FDI in Indian Company
• Section Wise FDI Policy at a Glance
• FDI – Downstream Investment, i.e. Indirect Investment
• FDI through Rights, Bonus, Sweat Equity or Merger/Amalgamation
• FDI – Transfer of Securities
• FDI in LLP
• FDI in GDR/ADR
• Investment by NRI or OCI
• FDI in Startup Company
• Investment by Foreign Portfolio Investors
• FDI in Investment Vehicle
• FDI by FVCI
• FDI – Investment in Securities by Funds, Foreign Central Bank, etc.
• Investment by Indian Entity in JV/WOS Abroad
• Guarantees
• Insurance
• Borrowing and Lending in Foreign Currency
• Borrowing and Lending in Indian Rupees
• Foreign Investment in Debt Instruments
• External Commerical Borrowings
• Trade Credit (TC) and Structured Obligations
• Acquisitions and Transfer of Immovable Property in India
• Acquisition and Transfer of Immovable Property out of India
• Remittance of Assets
• Branch/LO/Project Office in India by Foreign Entities
• Indian Depository Receipts
• Risk Management and Inter-Bank Dealings
• VOSTRO Account of Non-Resident Exchange Houses
• Industrial Policy of Government of India
• Enforcement of FEMA
• Penalties under FEMA
• Appeals under FEMA
• Compounding of Contraventions under FEMA
• Prevention of Money Laundering Act
• Foreign Contribution (Regulation) Act (FCRA)
• COFEPOSA, 1974
This book provides a para-wise commentary on Companies (Auditor’s Report) Order. It is a complete guide on the applicability and the matters that need to be reported by an Auditor on CARO.
This book is divided into three divisions:
• CARO Reporting under CARO, 2020 (Applicable from Financial Year 2021-22)
• CARO Report on Consolidated Financial Statements under CARO, 2020
• CARO Reporting under CARO, 2016 (Applicable for Financial Year 2021-22)
This book will be helpful for Auditors
The Present Publication is the 8th Edition, amended up to 30th June 2021, authored by CA Srinivasan Anand G., with the following noteworthy features:
• [FAQs & Case Studies]
◦ CARO 2016
◦ CARO 2020
• [Amended Schedule II] Related disclosure requirements
• [Clause-wise Ready Reckoner] on CARO 2020
• Review of earlier versions of CARO to do a quick comparison(s)
• [In a Nushell] CARO 2020
• Relevant Provisions of Companies Act, 2013
Taxmann's Indian Accounting Standards (Ind AS)Taxmann
Indian Accounting Standards (Ind AS) contains the updated Indian Accounting Standards issued under the Companies (Indian Accounting Standard) Rules, 2021.
It provides a complete understanding of the definitions, entities liable to apply Ind AS, and exemptions.
The Present Publication is the 2nd Edition, authored by Taxmann’s Editorial Board, updated till 30th June 2021, with the following noteworthy features:
• [Text of Indian Accounting Standard (Ind AS)] notified under Companies (Indian Accounting Standard) Rules, 2021;
• [Guide for Definitions] in Indian Accounting Standards
• [Guide on Applicability] of Indian Accounting Standards
• [Guide on Obligations to Comply with] in Indian Accounting Standards
• [Guide on Exemptions/Relaxations] in Indian Accounting Standards
The contents of the book are as follows:
• Arrangement of Rules
◦ Short Title and Commencement
◦ Definitions
◦ Applicability of Accounting Standards
◦ Obligation to Comply with Indian Accounting Standards (Ind AS)
◦ Exemptions
• General Instructions
• Indian Accounting Standards (Ind AS)
Taxmann's Indian Competition Law is a section-wise commentary on Competition Law. What sets this book apart is the unique combination of the study of both substantive and procedural elements of Competition Law in India.
The objective of this book is three-fold:
• Focusing on Indian Competition Law, elucidating the Indian jurisprudence and then comparing it with positions taken by European Union (EU) and the United States
• This book does not get restricted to the major provisions/broader issues of competition law but also highlights economic, technical and administrative concepts/issues that are relevant in the practical application and interpretation of competition law
• This book does not become a technical treatise but a document that a wider audience can read and understand, including lawyers, judges, academicians, lawmakers, market regulators, & entrepreneurs.
The Present Publication is the Latest Edition, authored by Adv. Gautam Shahi & Dr. Sudhanshu Kumar, amended up to 30th May 2021, with the following noteworthy features:
• [Detailed Study on Fundamental Issues] including:
o Anti-Competitive Agreements
o Abuse of Dominant Position
o Combinations (Acquisitions and Mergers)
• [Evolution of Competition Jurisprudence] in India
• [Comparitive Assessment] of major issues in Indian competition law with vis-à-vis EU, UK, and the USA
• [Exhaustive Analysis] on Rules, Regulations, Guidance issued by CCI & Case Laws decided by the CCI, COMPAT (now NCLAT), High Courts, and the Supreme Court
• [Interaction of Competition Act with other Laws] such as:
o Administrative Law
o Intellectual Property Laws
o Telecom Laws
Tax Practice Manual is an exhaustive (2,100+ pages), amended (by the Finance Act, 2021) & practical guide (330+ case studies) for Tax Professionals.
This book will be helpful for the Chartered Accountants, Lawyers/Advocates, Tax Practitioners to assist them in their day-to-day tax works.
This book is divided into two parts:
• Law Relating to Tax Procedures (covering 25+ topics)
• Case Studies (covering 35+ topics)
The Present Publication is the 7th Edition, authored by Gabhawala & Gabhawala, as amended by the Finance Act 2021, with the following noteworthy features:
• Law Relating to Tax Procedures
◦ [Lucid Explanation, in a Practical Manner, with Checklists & necessary Tips] for the law relating to Tax Procedure
◦ [Exhaustive Coverage of Case Laws]
◦ [Fine Prints & Unwritten Lines] are explained in a lucid manner
• Tax Practice
◦ [Elaborated & Threadbare Analysis] of every aspect of Tax Practice
• Case Studies
◦ [330+ Case Studies] to deal with real-life animated situations/problems faced by tax practitioners
• Draft Replies
◦ For the Notices sent by the Department
◦ Petitions to the Department
• Drafting & Conveyancing
◦ [Complete Guide to Drafting of Deeds & Documents] covering
◦ Affidavits
◦ Wills
◦ Special Business Arrangements
◦ Family Arrangements
◦ Power of Attorney
◦ Lease, Rent & Leave and Licenses
◦ Indemnity and Guarantee
◦ Charitable Trust Deeds, etc.
The contents of this book are as follows:
• Law Relating to Tax Procedures
◦ Tax Practice
◦ Pre-assessment Procedures
◦ Assessment
◦ Appeals
◦ Interest, Fees, Penalty and Prosecution
◦ Refunds
◦ Settlement Commission – ITSC, Interim Board for Settlement
◦ Summons, Survey, Search
◦ TDS and TCS
◦ Recovery of Tax
◦ Special Procedures
◦ Approvals
◦ STT, DDT, Tax on Liquidation, Reduction and Buy Back, MAT, AMT and WT
RTI, Ombudsman
◦ Drafting of Deeds
◦ Agreement, MoU
◦ Gifts, Wills, Family Arrangements
◦ Power of Attorney, etc.
◦ Lease, Rent, License, etc.
◦ Sale/Transfer of Properties
◦ Tax Audit
◦ Income Computation & Disclosure Standards
◦ Real Estate (Regulation and Development) Act, 2016 (RERA)
◦ E-Proceedings under the Income Tax Act, 1961
◦ Prohibition of Benami Property Transactions Act, 1988
• Case Studies
◦ Tax Practice
◦ Pre-Assessment Procedures
◦ Assessment – Principles and Issues
◦ Rectification of Mistake
◦ Revision
◦ Appeals to CIT (Appeals)
◦ Appeals to – ITAT – High Court – Supreme Court
◦ Interest Payable by Assessee
◦ Penalties
◦ Prosecution
◦ Refunds
◦ Settlement of Cases
◦ Survey
◦ Search & Seizure
◦ Tax Deduction at Source
◦ Recovery of Tax
◦ Trust, Mutuality, Charity
◦ Firm
◦ LLP – Limited Liability Partnership
◦ Right to Information – RTI
◦ Agreement, MoU
◦ AOP – Association of Persons
◦ HUF – Hindu Undivided Family
◦ Gifts
◦ Wills
◦ Family Arrangements
◦ Power of Attorney
◦ Indemnity and Guarantee
◦ Lease, Rent, Leave and License
◦ Sale/Transfer of Properties
◦ Tax Audit
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◦ Profits and Gains of Business or Profession
◦ Capital Gains
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◦ Assessment of Other Persons
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◦ Minimum Alternate Tax [Section 115JB] & Alternate Minimum Tax [Section 115JC]
◦ TDS & TCS
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• Part C – Suggested Answers (Amended as Applicable for A.Y. 2021-22)
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4. Contents
Amendments made by Foreign Contribution (Regulation)
Amendment Act, 2020 at a glance I-9
GUIDE TO FOREIGN CONTRIBUTION
(REGULATION) ACT, 2010
u Introduction I-13
u Foreign Contribution I-16
u Exemptions from restrictions on accepting Foreign
Contribution I-24
u Restrictions on acceptance of foreign hospitality I-26
u Restrictions on social or cultural organisations I-28
u Registration for accepting Foreign Contribution I-32
u Other provisions of Foreign Contribution (Regulation)
Act I-42
u Offences and penalties I-47
u Powers of Central Government I-49
u Procedures under FCRA I-50
DIVISION ONE
FOREIGN CONTRIBUTION
(REGULATION) ACT, 2010
u Arrangement of Sections 1.3
u Text of Foreign Contribution (Regulation) Act, 2010 as
amended by Foreign Contribution (Regulation) Amend-
ment Act, 2020 1.7
I-5
PAGE
5. CONTENTS I-6
PAGE
u Foreign Contribution (Regulation) Amendment Act,
2020 1.37
APPENDIX : Foreign Contribution (Regulation) Act, 1976 1.41
DIVISION TWO
FOREIGN CONTRIBUTION
(REGULATION) RULES
u ForeignContribution(Regulation)Rules,2011asamended
by the Foreign Contribution (Regulation) (Amendment)
Rules, 2020 2.3
u Foreign Contribution (Acceptance or Retention of Gifts
or Presentations) Rules, 2012 2.50
DIVISION THREE
NOTIFICATIONS ISSUED UNDER FOREIGN
CONTRIBUTION (REGULATION) ACT, 2010
u NotificationsissuedunderForeignContribution(Regula-
tion) Act, 2010 3.3
DIVISION FOUR
GUIDELINES AND CIRCULARS
u Guidelines issued under section 36(1)(a) of the Banking
Regulation Act, 1949 - Implementation of the provisions
of Foreign Contribution (Regulation) Act, 2010 4.3
u Guidelines for consideration of proposals for acceptance
of foreign hospitality under Foreign Contribution (Regu-
lation) Act, 2010 4.11
u Exemption from provisions of section 14(3) of Foreign
Contribution (Regulation) Act, 2010 4.17
u Standard Operating Procedure (SOP) to open and oper-
ate the “FCRA Account” as provided under section 17(1)
of the amended Foreign Contribution (Regulation) Act,
2010 with SBI, New Delhi Main Branch in terms of FCRA
(Amendment) Act, 2020 4.19
6. u Advisory for Compliance by FCRA NGOs/Associations
with the amended provisions in FCRA, 2010 and FCRR,
2011 4.23
u FAQs on FCRA, 2010 4.26
DIVISION FIVE
NOTIFIED AGENCIES NOT TO BE COVERED
BY DEFINITION OF ‘FOREIGN SOURCES’
u Notified agencies not to be covered by definition of
‘Foreign Sources’ 5.3
DIVISION SIX
CASE LAWS DIGEST
u Case Laws Digest 6.3
PAGE
I-7 CONTENTS
7. (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; 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 (1),
or both.
(3) No person receiving any currency, whether Indian or foreign, from a 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
(b) 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 whom section 3 shall not apply.
4. Nothing contained in section 3 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 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 accor-
dancewiththerulesmadebytheCentralGovernmentwithregardtothe
acceptance or retention of such gift or presentation; or
(e) from his relative; or
1.13 CH. II - REGULATION OF FOREIGN CONTRIBUTION S. 4
8. (f) 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
(42 of 1999); or
(g) by way of any scholarship, stipend or any payment of like nature :
Provided that in case any foreign contribution received by any person
specified 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 notify an organization of a political nature.
5. (1)TheCentralGovernmentmay,havingregardtotheactivitiesoftheorganisation
or the ideology propagated by the organisation or the programme of the
organisation or the association of the organisations with the activities of any
politicalparty,byanorderpublishedintheOfficialGazette,specifysuchorganisation
as an organisation of a political nature not being a political party, referred to in
clause (f) of sub-section (1) 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)Beforemakinganorderundersub-section(1),theCentralGovernmentshallgive
the organisation in respect of whom the order is proposed to be made, a notice in
writinginformingitofthegroundorgrounds,onwhichitisproposedtobespecified
as an organisation of political nature under that sub-section.
(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 (1) :
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, if it considers it appropriate, forward the
representation referred to in sub-section (3) to any authority to report on such
representation.
(5) The Central Government may, after considering the representation and the
report of the authority referred to in sub-section (4), specify such organisation as
an organisation of a political nature not being a political party and make an order
under sub-section (1) accordingly.
(6) Every order under sub-section (1) shall be made within a period of one hundred
and twenty days from the date of issue of notice under sub-section (2) :
Provided that in case no order is made within the said period of one hundred and
twenty days, the Central Government shall, after recording the reasons therefor,
make an order under sub-section (1) within a period of sixty days from the expiry
of the said period of one hundred and twenty days.
S. 5 FOREIGN CONTRIBUTION (REGULATION) ACT, 2010 1.14
9. COMMENTS
Section 5(1)
n Constitutional validity of section 5(1) and rule 3 have been upheld in Indian Social Action
Forum (INSAF) v. UOI (2011) 109 SCL 458 = 13 taxmann.com 125 (Del HC DB)
Restriction on acceptance of foreign hospitality.
6. No member of a Legislature or office-bearer of a political party or Judge or
Government servant or employee of any corporation or any other body owned
or controlled by the Government 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.
4
[Prohibition to transfer foreign contribution to other person.
7. No person who—
(a) is registered and granted a certificate or has obtained prior permission
under this Act; and
(b) receives any foreign contribution,
shall transfer such foreign contribution to any other person.]
Restriction to utilize foreign contribution for administrative purpose.
8. (1) Every person, who is registered and granted a certificate or given prior
permission under this Act and receives any foreign contribution,—
1.15 CH. II - REGULATION OF FOREIGN CONTRIBUTION S. 8
4. Substituted by the Foreign Contribution (Regulation) Amendment Act, 2020, w.e.f. 29-9-
2020. Prior to its substitution, section 7 read as under :
“7. Prohibition to transfer foreign contribution to other person.—No person who—
(a) is registered and granted a certificate or has obtained prior permission under this Act;
and
(b) receives any foreign contribution,
shall transfer such foreign contribution to any other person unless such other person is
also registered and had been granted the certificate or obtained the prior permission
under this Act:
Provided that such person may transfer, with the prior approval of the Central Govern-
ment, a part of such foreign contribution to any other person who has not been granted
a certificate or obtained permission under this Act in accordance with the rules made by
the Central Government.”
10. (a) shall utilise such contribution for the purposes for which the contribu-
tion has been received :
Provided that any foreign contribution or any income arising out of it
shall not 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;
(b) shall not defray as far as possible such sum, not exceeding 5
[twenty per
cent] of such contribution, received in a financial year, to meet admin-
istrative expenses :
Provided that administrative expenses exceeding 5
[twenty 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
referred to in sub-section (1) shall be calculated.
Power of Central Government to prohibit receipt of foreign contribution, etc., in
certain cases.
9. The Central Government may—
(a) prohibit any person or organisation not specified in section 3, from
accepting any foreign contribution;
(b) requireanypersonorclassofpersons,notspecifiedinsection6,toobtain
prior permission of the Central Government before accepting any
foreign hospitality;
(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 (1) of section 11,
require any person or class of persons specified in that sub-section to
obtainpriorpermissionoftheCentralGovernmentbeforeacceptingany
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
S. 9 FOREIGN CONTRIBUTION (REGULATION) ACT, 2010 1.16
5. Substituted for “fifty per cent” by the Foreign Contribution (Regulation) Amendment Act,
2020, w.e.f. 29-9-2020.
11. 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—
(i) the sovereignty and integrity of India; or
(ii) 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, social, linguistic or regional
groups, castes or communities.
Power to prohibit payment of currency received in contravention of the Act.
10. Where the Central Government is satisfied, after making such inquiry as it may
deem fit, that any person has in his custody or control any article or currency
or security, whether Indian or foreign, which has been accepted by such person in
contraventionofanyoftheprovisionsofthisAct,itmay,byorderinwriting,prohibit
such person from paying, delivering, transferring or otherwise dealing with, in any
manner whatsoever, such article or 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 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 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.
CHAPTER III
REGISTRATION
Registration of certain persons with Central Government.
11. (1) Save as otherwise provided in this Act, no person having a definite cultural,
economic, educational, religious or social programme shall accept foreign
contribution unless such person obtains a certificate of registration from the
Central Government :
Provided that any association registered with the Central Government under
section6orgrantedpriorpermissionunderthatsectionoftheForeignContribution
(Regulation)Act,1976(49of1976),asitstoodimmediatelybeforethecommencement
of this Act, shall be deemed to 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 from the date on which this section comes into force.
(2) Every person 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 such prior
permission shall be valid for the specific purpose for which it is obtained and from
the specific source:
1.17 CH. III - REGISTRATION S. 11
12. 6
[Provided that the Central Government, on the basis of any information or report,
and after holding a summary inquiry, has reason to believe that a person who has
been granted prior permission has contravened any of the provisions of this Act, it
may, pending any further inquiry, direct that such person shall not utilise the
unutilised foreign contribution or receive the remaining portion of foreign
contribution which has not been received or, as the case may be, any additional
foreign contribution, without prior approval of the Central Government:
Provided furtherthatifthepersonreferredtoinsub-section(1)orinthissub-section
has been found guilty] of violation of any of the provisions of this Act or the Foreign
Contribution (Regulation) Act, 1976 (49 of 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.
(3) Notwithstanding anything contained in this Act, the Central Government may,
by notification in the Official Gazette, specify—
(i) the person or class of persons who shall obtain its prior permission
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
(iii) the purpose or purposes for which the foreign contribution shall be
utilised with the prior permission of the Central Government; or
(iv) the source or sources from which the foreign contribution shall be
accepted with the prior permission of the Central Government.
Grant of certificate of registration.
12. (1) An application by a person, referred to in section 11 for grant of certificate
or giving prior permission, shall be made to the Central Government in such
form and manner and along with such fee, as may be prescribed.
7
[(1A) Every person who makes an application under sub-section (1) shall be
required to open “FCRA Account” in the manner specified in section 17 and mention
details of such account in his application.]
(2) On receipt of an application under sub-section (1), 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) If on 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 (1), 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 :
S. 12 FOREIGN CONTRIBUTION (REGULATION) ACT, 2010 1.18
6. Substituted for “Provided that if the person referred to in sub-sections (1) and (2) has been
found guilty” by the Foreign Contribution (Regulation) Amendment Act, 2020, w.e.f.
29-9-2020.
7. Inserted, ibid.
13. 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 permission, if his 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
permission under sub-section (1),—
(i) is not fictitious or benami;
(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) hasnotbeenfoundguiltyordiversionormis-utilisationofitsfunds;
(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;
(vii) has not contravened any of the provisions of this Act;
(viii) has not been prohibited from accepting foreign contribution;
(b) the person making an application for registration under sub-section (1)
has undertaken reasonable activity in its chosen field 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 (1) 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;
(f) the acceptance of foreign contribution by the person referred to in sub-
section (1) is not likely to affect prejudicially—
(i) the sovereignty and integrity of India; or
(ii) the security, strategic, scientific or economic interest of the State;
or
1.19 CH. III - REGISTRATION S. 12
14. (iii) the public interest; or
(iv) freedom or fairness of election to any Legislature; or
(v) friendly relation with any foreign State; or
(vi) harmonybetweenreligious,racial,social,linguistic,regionalgroups,
castes or communities;
(g) the acceptance of foreign contribution referred to in sub-section (1),—
(i) shall not lead to incitement of an offence;
(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 there* is no obligation to give any information or
documents or records or papers under the Right to Information 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.
8
[Power of Central Government to require Aadhaar number, etc., as identification
document.
12A. Notwithstanding anything contained in this Act, the Central Government may
require that any person who seeks prior permission or prior approval under
section 11, or makes an application for grant of certificate under section 12, or, as the
casemaybe,forrenewalofcertificateundersection16,shallprovideasidentification
document, the Aadhaar number of all its office bearers or Directors or other key
functionaries, by whatever name called, issued under the Aadhaar (Targeted
Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of
2016), or a copy of the Passport or Overseas Citizen of India Card, in case of a
foreigner.]
Suspension of certificate.
13. (1) Where the Central Government, for reasons to be recorded in writing,
issatisfiedthatpendingconsiderationofthequestionofcancellingthecertificate
on any of the grounds mentioned in sub-section (1) of section 14, it is necessary so
to do, it may, by order in writing, suspend the certificate 9
[for a period of one
hundred and eighty days, or such further period, not exceeding one hundred and
eighty days, as may be specified] in the order.
S. 13 FOREIGN CONTRIBUTION (REGULATION) ACT, 2010 1.20
8. Inserted by the Foreign Contribution (Regulation) Amendment Act, 2020, w.e.f. 29-9-
2020.
9. Substituted for “for such period not exceeding one hundred and eighty days as may be
specified”, ibid.
*As corrected by corrigendum to Act No. 45 of 2010.
15. (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 contribu-
tion by such person on such terms and conditions as it may specify;
(b) utilise, in the prescribed manner, the foreign contribution in his custody
with the prior approval of the Central Government.
Cancellation of certificate.
14. (1) The Central Government may, if it is satisfied after making such inquiry as
it may deem fit, by an order, cancel the certificate if —
(a) the holder of the certificate has made a statement in, or in relation to, the
application for the grant of registration or renewal thereof, which is
incorrect or false; or
(b) the holder of the certificate has violated any of the terms and conditions
of the certificate or renewal thereof; or
(c) in the opinion of the Central Government, it is necessary in the public
interest to cancel the certificate; or
(d) the holder of certificate has violated any of the provisions of this Act or
rules or order made thereunder; or
(e) if the holder of the certificate has not been engaged in any reasonable
activity in its chosen field for the benefit of the society for two consecu-
tive years or has become defunct.
(2) No order of cancellation of certificate under this section shall be made unless the
person concerned has been given a reasonable opportunity of being heard.
(3) Any person whose certificate has been cancelled under this section shall not be
eligible for registration or grant of prior permission for a period of three years from
the date of cancellation of such certificate.
10
[Surrender of certificate.
14A. On a request being made in this behalf, the Central Government may permit
any person to surrender the certificate granted under this Act, if, after making
such inquiry as it deems fit, it is satisfied that such person has not contravened any
of the provisions of this Act, and the management of foreign contribution and asset,
if any, created out of such contribution has been vested in the authority as provided
in sub-section (1) of section 15.]
Management of foreign contribution of person whose certificate has been cancelled
10
[or surrendered].
15. (1) The foreign contribution and assets created out of the foreign contribution
in the custody of every person whose certificate has been cancelled under
1.21 CH. III - REGISTRATION S. 15
10. Inserted by the Foreign Contribution (Regulation) Amendment Act, 2020, w.e.f. 29-9-
2020.
16. section 14 11
[or surrendered under section 14A] shall vest in such authority as may
be prescribed.
(2) The authority referred to in sub-section (1) may, if it considers necessary and in
public interest, manage the activities of the person referred to in that sub-section
for such 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 (1) 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.
Renewal of certificate.
16. (1) Every person who has been granted a certificate under section 12 shall
have such certificate renewed within six months before the expiry of the period
of the certificate:
11
[Provided thattheCentralGovernmentmay,beforerenewingthecertificate,make
such inquiry, as it deems fit, to satisfy itself that such person has fulfilled all
conditions specified in sub-section (4) of section 12.]
(2) The application for renewal of the 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
daysfromthedateofreceiptofapplicationforrenewalofcertificatesubjecttosuch
terms and conditions as it may deem fit and grant a certificate of renewal for a
period of five years :
Provided that in case 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.
12
[Foreign contribution through scheduled bank.
17. (1) Every person who has been granted certificate or prior permission under
section 12 shall receive foreign contribution only in an account designated as
“FCRA Account” by the bank, which shall be opened by him for the purpose of
S. 17 FOREIGN CONTRIBUTION (REGULATION) ACT, 2010 1.22
11. Inserted by the Foreign Contribution (Regulation) Amendment Act, 2020, w.e.f. 29-9-
2020.
12. Substituted, ibid. Prior to its substitution, section 17 read as under :
(Contd. on page 1.23)
17. remittances of foreign contribution in such branch of the State Bank of India at New
Delhi, as the Central Government may, by notification, specify in this behalf :
Provided that such person may also open another “FCRA Account” in any of the
scheduled bank of his choice for the purpose of keeping or utilising the foreign
contribution which has been received from his “FCRA Account” in the specified
branch of State Bank of India at New Delhi :
Provided further that such person may also open one or more accounts in one or
more scheduled banks of his choice to which he may transfer for utilising any
foreign contribution received by him in his “FCRA Account” in the specified branch
of the State Bank of India at New Delhi or kept by him in another “FCRA Account”
in a scheduled bank of his choice :
Provided also that no funds other than foreign contribution shall be received or
deposited in any such account.
(2) The specified branch of the State Bank of India at New Delhi or the branch of the
scheduled bank where the person referred to in sub-section (1) has opened his
foreign contribution account or the authorised person in foreign exchange, shall
report to such authority as may be specified,—
(a) the prescribed amount of foreign remittance;
(b) the source and manner in which the foreign remittance was received;
and
(c) other particulars,
in such form and manner as may be prescribed.]
COMMENTS
Section 17(1)
n If permission is obtained to receive foreign contribution in a designated account, depositing
the same in other account is an offence - State Represented by CBI v. M Kurian Chief
Functionary of the Cross AIR 2001 SC 3718 = 2001 AIR SCW 3540.
1.23 CH. IV - ACCOUNTS, INTIMATION, AUDIT AND DISPOSAL OF ASSETS, ETC. S. 17
(Contd. from page 1.22)
“17. Foreign contribution through scheduled bank.—(1) Every person who has been
granted a certificate or given prior permission under section 12 shall receive foreign
contribution in a single account only through such one of the branches of a bank as he
may specify in his application for grant of certificate :
Provided that such person may open one or more accounts in one or more banks for
utilising the foreign contribution received by him :
Provided further that no funds other than foreign contribution shall be received or
deposited in such account or accounts.
(2) Every bank or authorised person in foreign exchange shall report to such authority as
may be specified—
(a) prescribed amount of foreign remittance;
(b) the source and manner in which the foreign remittance was received; and
(c) other particulars,
in such form and manner as may be prescribed.”
18. Intimation.
18. (1) Every person who has been granted a certificate or given prior approval
under this Act shall give, within such time and in such manner as may be
prescribed, an intimation to the Central Government, and such other authority as
may be specified by 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 utilised by him.
(2) Every person receiving foreign contribution shall submit a copy of a statement
indicating therein the particulars of foreign contribution received duly certified by
officer of the bank or authorised person in foreign exchange and furnish the same
to the Central Government along with the intimation under sub-section (1).
Maintenance of accounts.
19. Every person who has been granted a certificate or given prior approval
under this Act shall maintain, in such form and manner as may be prescribed,—
(a) an account of any foreign contribution received by him; and
(b) a record as to the manner in which such contribution has been utilised
by him.
Audit of accounts.
20. Where any person who has been granted a certificate or given prior permission,
fails to furnish any intimation under this Act within the time specified therefor
or the intimation so furnished is not in accordance with law or if, after inspection
of such intimation, the Central Government has any reasonable cause to believe
that any provision of this Act has been, or is being, contravened, the Central
Government may, by general or special order, authorise such Gazetted Officer,
holding a Group A post under the Central Government or any other officer or
authority or organisation, as it may think fit, to audit any books of account kept or
maintained by such person 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.
Intimation by candidate for election.
21. 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 or
prescribed authority or both 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 utilised by him.
Disposal of assets created out of foreign contribution.
22. Where any person who was permitted to accept foreign contribution under
this Act, ceases to exist or has become defunct, all the assets of such person shall
S. 22 FOREIGN CONTRIBUTION (REGULATION) ACT, 2010 1.24
19. be disposed of in accordance with the provisions contained in any law for the time
being in force under which the person was registered or incorporated, and in the
absence of any such law, the Central Government may, having regard to the nature
ofassetscreatedoutofforeigncontributionreceivedunderthisAct,bynotification,
specify that all such assets shall be disposed of by such authority, as it may specify,
in such manner and procedure as may be prescribed.
CHAPTER V
INSPECTION, SEARCH AND SEIZURE
Inspection of accounts or records.
23. If the Central Government has, for any reason, to be recorded in writing, any
groundtosuspectthatanyprovisionofthisActhasbeenorisbeing,contravened
by—
(a) any political party; or
(b) any person; or
(c) any organisation; or
(d) any association,
itmay,bygeneralorspecialorder,authorisesuchGazettedOfficer,holdingaGroup
A post under the Central Government or such other officer or authority or
organisation, as it may think fit (hereinafter referred to as the inspecting officer),
to inspect any account or record maintained by such political party, person,
organisationorassociation,asthecasemaybe,andthereuponeverysuchinspecting
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.
Seizure of accounts or records.
24. If, after inspection of an account or record referred to in section 23, the
inspecting 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, 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.
Seizure of article or currency or security received in contravention of the Act.
25. If any Gazetted Officer, authorised 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 the value specified in sub-clause (i) of
clause (h) of sub-section (1) of section 2 or currency or security 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 or security.
1.25 CH. V - INSPECTION, SEARCH AND SEIZURE S. 25
20. Disposal of seized article or currency or security.
26. (1) The Central Government, may, having regard to the value of article or
currency or security, their vulnerability to theft or any relevant consideration,
by notification, specify such article or currency or security which shall, as soon as
may be after their seizure, be disposed of by such officer and in such manner, as the
CentralGovernmentmay,fromtimetotime,determineafterfollowingtheprocedure
hereinafter specified.
(2)Thearticleorcurrencyorsecurityseizedshallbeforwardedwithoutunnecessary
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 (1), 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.
(5) Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872)
or the Code of Criminal Procedure, 1973 (2 of 1974), 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.
Seizure to be made in accordance with Act.
27. The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply
insofar as they are not inconsistent with the provisions of this Act to all seizures
made under this Act.
CHAPTER VI
ADJUDICATION
Confiscation of article or currency or security obtained in contravention of the Act.
28. Any article or currency or security which is seized under section 25 shall
be liable to confiscation if such article or currency or security has been
adjudged under section 29 to have been received or obtained in contravention of
this Act.
Adjudication of confiscation.
29. (1) Any confiscation referred to in section 28 may be adjudged—
(a) without limit, by the Court of Session within the local limits of whose
jurisdiction the seizure was made; and
S. 29 FOREIGN CONTRIBUTION (REGULATION) ACT, 2010 1.26
21. (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.
(2)Whenanadjudicationundersub-section(1)isconcludedbytheCourtofSession
or Assistant Sessions Judge, as the case may be, the Sessions Judge or Assistant
SessionsJudgemaymakesuchorderashethinksfitforthedisposalbyconfiscation
ordeliveryofseizedarticleorcurrencyorsecurity,asthecasemaybe,toanyperson
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 confiscation.
30. 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 or security has been seized.
CHAPTER VII
APPEAL AND REVISION
Appeal.
31. (1) 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 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 sub-section (1) of section 29, 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 organisation referred to in clause (f) of sub-section (1) of section 3, or any
person or association referred to in section 6 or section 9, aggrieved 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 (1) 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 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 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 Procedure, 1908 (5 of 1908), shall, as far as may be, apply thereto as they
apply to an appeal from an original decree.
1.27 CH. VII - APPEAL AND REVISION S. 31
22. Revision of orders by Central Government.
32. (1) The Central Government may, either of its own motion or on an application
for revision by the person registered under this Act, call for and examine the
record of any proceeding under this Act in which any such order has been passed
by it and may make such inquiry or cause such inquiry to be made and, subject to
the provisions of this Act, may pass such order thereon as it thinks fit.
(2) The Central Government shall not of its own motion revise any order under this
section if the order has been made more than one year previously.
(3)Inthecaseofanapplicationforrevisionunderthissectionbythepersonreferred
to in sub-section (1), 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
preventedbysufficientcausefrommakingtheapplicationwithinthatperiod,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
person.
CHAPTER VIII
OFFENCES AND PENALTIES
Making of false statement, declaration or delivering false accounts.
33. Any person, subject to this Act, who knowingly,—
(a) gives false intimation under* clause (c) of section 9 or section 18; or
(b) seeks prior permission or registration by means of fraud, false represen-
tation 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.
Penalty for article or currency or security obtained in contravention of section 10.
34. If any person, on whom any prohibitory order has been served under section
10, pays, delivers, transfers or otherwise deals with, in any manner whatsoever,
any article or currency or security, 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
S. 34 FOREIGN CONTRIBUTION (REGULATION) ACT, 2010 1.28
*As corrected by corrigendum to Act No. 45 of 2010.
23. Foreign Contribution
Regulation Manual
Author : Taxmann
Edition : 2021 Edition
ISBN No : 9788194939726
Date of Publication : December 2020
Weight (Kgs) : 0.285
No. of papers : 252
Rs. 595 USD 20
This book is a compendium of the Foreign Contribution (Regulation) Act, 2010 along with
relevant Rules, Circulars, Notifications, guidelines, and Case Laws. This book provides the
annotated text and amended statutory materials for the ease of the reader. It also includes
a specially curated 'Guide to the Foreign Contribution (Regulation) Act, 2010' & Case Laws
digest. The present publication is the latest edition incorporating all the amendments made
by the Foreign Contribution (Regulation) Amendment Act, 2020 and is updated up to 1st
December, 2020. The coverage of this book includes the following:
u Amendments made by Foreign Contribution (Regulation) Amendment Act, 2020 at a
glance
u Guide to Foreign Contribution (Regulation) Act, 2010
Foreign Contributionn
Exemptions from restriction on accepting Foreign Contributionn
u Foreign Contribution (Regulation) Act, 2010
Arrangement of Sectionsn
Text of Foreign Contribution (Regulation) Act, 2010 as amended by Foreignn
Contribution (Regulation) Amendment Act, 2020
u Foreign Contribution (Regulation) Rules
Foreign Contribution (Regulation) Rules, 2011 as amended by the Foreignn
Contribution (Regulation) (Amendment) Rules, 2020
Foreign Contribution (Acceptance or Retention of Gifts or Presentations) Rules, 2012n
u Notifications issued under Foreign Contribution (Regulation) Act, 2010
u Guidelines and Circulars
Guidelines for Implementation of the provisions of Foreign Contribution (Regulation)n
Act, 2010;
Guidelines for consideration of proposals for acceptance of foreign hospitality undern
Foreign Contribution (Regulation) Act, 2010;
u Notified agencies not to be covered by definition of 'Foreign Sources’
u Case Laws Digest
Description :
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