The FOREIGN CONTRIBUTION (REGULATION) ACT, 1976
chandigarh · 1976
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1Short title, extent, application and commencement (1) This Act may be called the Foreign Contribution (Regulation) Act,
- S. 2Section 2 defines key terms used in the Foreign Contribution (Regulation) Act, 1976, including "association," "candidate for election," "foreign contribution," and "foreign source."
- S. 3Section 3 allows other laws to apply alongside the Foreign Contribution (Regulation) Act, 1976.
- S. 4Candidate for election, etc
- S. 5Section 5 prohibits political organizations and individuals from accepting foreign contributions without prior Central Government approval.
- S. 6Section 6 mandates associations receiving foreign contributions to register with the Central Government and report details of contributions and their use.
- S. 7Recipients of scholarships, etc
- S. 8Section 8 exempts certain specified persons from the restrictions of Section 4 on foreign contributions, including payments for services, international trade, gifts to delegation members, and remittances through official channels.
- S. 9Section 9 restricts acceptance of foreign hospitality by certain officials without prior Central Government permission, except for emergent medical aid.
- S. 10Power of Central Government to prohibit receipt of foreign contribution, etc
- S. 11Section 11 requires entities to apply for prior permission to accept foreign contributions or hospitality, with automatic approval if not granted within 90 days.
- S. 12The section empowers the Central Government to prohibit dealing with currency received in violation of the Act.
- S. 13Recipients of foreign contribution to maintain accounts, etc
- S. 14Section 14 allows the Central Government to authorize gazetted officers to inspect accounts or records of political parties and others suspected of violating the Foreign Contribution Act.
- S. 15Section 15 allows seizure of accounts for foreign contribution violations and mandates audits for non-compliance.
Chapter CHAPTER III
- S. 16Section authorizes gazetted officers to seize articles or currency over ₹1,000 if they suspect a violation of the Act.
- S. 17Section 17 mandates seizures under the Act to follow the Code of Criminal Procedure, 1973.
- S. 18Section 18 allows confiscation of seized articles or currency found to violate the Foreign Contribution Regulation Act.
- S. 19Section 19 outlines the adjudication process for confiscation under the Foreign Contribution Regulation Act, specifying courts and officers for the decision.
- S. 20Section 20 ensures a person's chance to present arguments before any confiscation order is made.
- S. 21Section 21 outlines the appeal process for orders made under the Foreign Contribution (Regulation) Act, 1976, specifying timelines and appellate courts.
- S. 22Section penalizes individuals violating prohibitory orders on foreign contributions with imprisonment, fine, or both, plus an additional fine equal to the value of the contravened article or currency.
- S. 23Section 23 penalizes violations of the Act by imposing imprisonment, fines, or both for accepting foreign contributions or hospitality against regulations.
- S. 24Section 24 allows courts to impose an additional fine up to five times the value of an unconfiscable article or currency if convicted under this Act.
- S. 25Section 25 imposes imprisonment or fine for non-compliance with the Act where no specific penalty is provided.
Chapter CHAPTER III
- S. 26Section 26 holds company officers liable for offenses committed by the company, with exceptions for lack of knowledge or due diligence.
- S. 27Section 27 prohibits prosecution of offences under the Act without prior sanction from the Central Government.
- S. 28Section 28 allows specified authorities to investigate offenses under the Act with powers equivalent to a police station officer.
- S. 29The section protects the Central Government from legal action for losses caused by good faith actions under the Act.
- S. 30Section 30 grants the Central Government power to create rules for implementing the Foreign Contribution (Regulation) Act, 1976.
- S. 31The Central Government can exempt non-political entities from the Act's provisions and modify or revoke such exemptions.
- S. 32Section 32 exempts transactions between the Government of India and foreign governments or territories from the Foreign Contribution (Regulation) Act, 1976.