Bare ActsThe FOREIGN CONTRIBUTION (REGULATION ACT, 2010

Section 2

(1) In this Act, unless the context otherwise requires,- - I <

Amendment status not verified — confirm the current text below against the official source.

(1) In this Act, unless the context otherwise requires,- - I < . . , +& A " , m . (a) *~ssociation" mans an association of whethet hoqpygt$ . , $ ; 1 not, .having an ofice in lndia and includes a society, whether t e g h e d .w@. " 8 2 1.: T , p l ' b f > i r o . Sackties Registration Act, 1 860, or not, and any other organisation, by what& . - 1 : . called; , I (b) *authorised petson in foreign exchange" means an muthorid to in clause (c) of section 2 of the Foreign Exchange Man~ement Act, 19 (c) "bank" means a banking company as referred to in clause ( the Banking Regulation Act, 1 949; (4 'candidate for election" means a p e e n , . . ~ l m candid- for election to my Legislature; (e) "certificate" means certificate of reghtion ofsection 12; . - V) "company" shall have the meaning assigned -ion2 ofthe Incorne-taxAct. 1961; - (g) "foreign company" means any company or woci incorporated outside India and includes- . . (i) a foreign company within the m h i n g ofsectibn 5 9 1 ' k f ~ ~ d & i 'A@ 1956; (il) a company which is a subsidhy of a- foreign 6ompmy; * (iig the registered ofice or princi &erred to in sub-clause (4 or co (hr) a multi-national corpomtion. &planatia~.- For the purposes of this sub-cl in a foreign country or territory shall be deemed to such mrpomtion,- (a) has a subsidittry or a branch or a place of bdm& in'=, ' countries or territories; or (6) carries on business, or otherwise ob ' territories; [h) 'Toreign contribution" means the dgnation,'deIivery or hsfe;' foreign source,- (i) of any article, not ,being an article - , personal use, if the market value, in India, ofsuch article, on the date is not more than such sum as may be specified from time to time, by .Government by the d e s made hy it in this &half; (ii) of any currency, whether Indian ar fomjgn; (iig of any security as defi Conme (Regulation) Act, 1 9 clause (ol'of section 2 of the Foreign 6 SF. 11 THE GMETTE OF INDIA EXTRAORDWAFW 3 Explanation 1.- A donation, delivery or mnsfw of any article, w e n q or foreign security rehued to in this clause by my person who has received it from my foreign source, either directly or through one or more persons, shall also be deemed to be foreip contribution within the meaning of this clause. . ., t " ' &pErrnafCgn &. A ,,- 2,7 The herest accrued on the fovign contribution deposited in any bank referred to i&b-ser;tion (I) of section 17 or any other income derived from the fomigq en@$yti$por. interest thereon shall also be d m e d to be foreign contribution witbii *e meaning of this clause. & j h a i o n 3 ,+ym~ount received, by any person from my foreign mwce in India, by wl>sff&e (jncluding fm charged by an edwationd institution in India fiom hreign ah$u~$l or Dbwards cost in lieu of goods or services readered by such person ~fi' the + b r d j " ~ & m d his business, trade or commerce wbher within India or outsi&Jn@i Q# ,py cgnwibutiqn received from an agent of a foreign source towqrdd allph fbo qgqg$~dl be excluded from the definition of foreign contribution within @~e meaning of %IS clause; 03 ~ ~ p r f p r p J $ i ~ ~ ~ ~ means any elk not being a purely omval one, mado in cash or kind by a fbre~gg source for providing a person with the costs of mvel to any foreign counttyartwitply or with h e boarding, lodging, muport & medid irwment; - 't -a @ "foreign fl961&' irmcludes,- Q tho;0~v&neot of my %reign wuony or twrimry my .agency of such Goveronm~ (if) any b ~ a t i o n a l agency, not being the United Nations or any of its specidis4 ag~cCest, the World Bmk, International, Monetary Fund or such other agency as the Central Gavernment m y , by notification, specify in this wf; (iv) a sorpodon, not being a foreign company, incorporated in a foreign wrurtry or territov; (v) a muM-national corporation referred to in sub-clause (iv) of clause (g); (vo a company within the meaning ofthe Companies Act, 1 956, and more tttm one-half of the nomid value of ifs shwe capital is held, &her singIy or in the aggregate, by one or moFe of the following, namely:- (-43 the Government of a foreign country or territory; (B) the citizens of a foreign country or territory; (C) corporations incorporated in a foreign wuntq or territory; (Dl bwb, societies or other assw;'&ons of individuals (wtiether incorpod or not), formd or mgist:emd in a foreign counuy or territory; (virJ a trNe union in any foreign country or territory, whether or not registered in such foreign country or territory; (viii) a foreign tnrst or a foreign foundation, by wlmt~rer m e called, or such mst or foundation mdnly financed by a foreign c o w or Writory; (ir) a society, club or other association of individuals formed qr r~btered outside India; (x) a ~itjzen of a ,foreign country; 4 THE GAZETTE OF INDIA EXTRAORDINARY, (k) "Legislature" means - (A) either House of Parliament; ;. ,;&. - ' .-", (8) the Legislative Assrmbly of a State, or in the cast of a S q havi&s , Legislative Council, either House ofthe Legislature of that State: . -. - - <$?, - (C) Legislative Assembly of a Union territory constituted jgx& @p::- Government of Union Territories Act, 1963; *.b. i:- gg;;, ;' 10 af 1963. (Dl Legislative Assembly for Dhe National Capital Territory ofDelbi referr&:, to in the Government of National Capital Tesritory dklhi A a 199 I.; :.I,';.,$ 7- 1 of 1 992: (a Municipality ers defined in clam (e) ofarticle 243.P af the (F) District Councils and Regional Councils in the Meghorhya, Tripura and Mizoram as provided in the 'Sixth S M u t Constitutian; (G) Panchaya as d e h 3 in clause (4 of art** 243 ctf the bndtU$$i Df .,:-- ' ". ,. ' ,,,, ..-,I- ' , ,,,, I.:.: k (H) any other elective body as may be notified by the central 1 < . d #\.',< A . - 1, (I) "notification" means notification pvbliahad'in the OfFicial Gm&m&Y.d. , ..-. ,q1;,: : h , , - expression "notify" shall be construed accordingly; . , . ~ 4 $ < 8 .-.- .,,,::- ;;$!><, ' C , i (m) "peison" includes- , .3uL , . , --- - :,p,:,;>.. , (4 an ihdividual; (10 a Hindu undivided family; , - , I . _ '3 <4:: (iii) an association; : ,;$& ;. (iv) a company registered under section 25 of h.'~ornpan;&~d? -. . . (n) ''pl$iciI p w ' means- , , ~ l ~ t t c a t party under section 29A of the AFt, 1951;or . (B) whih has set up candidates for election to my is not so registered or deemed to bs,~isteyi u - e f the E (hsewdion and AllaWnt) Order, 1 %8; (tQ, ,a political party mentioned in column 2 of T&le 1 notifdon of the Election Commission of India WO.~~II&WD;~:' %th &gust, $002, m in Earn forth time being; , . (0) '$rescribd" means prescribed by r u k made under this Act; (p) "'ptascrihl authority" means an authority by the Central Government under this Act; (g) "re&hered newspaper" means a n R e g i d o n g;F-Bo&sAct, 1 %7: (r) "rekive" has the meaning assigned to it in clauss .(dl) d. Cornpnia ACS 1956; I . (8) ' k h d u l d bank" shall have the meaning assigned to it under da m i o n 2 of the Reserve Btmk of India Act, 1934; h'b2 - SEC. I] THE GAZETTE OF IN DlA EXTRAORDINARY 5 (t) "subsidiary" and "associate" shall have the meaniirp, respectively =signed to them in the Companies Act. 1956; (u) "trade union" means a trade union registered under the Trade Unions Act, 1926; (2) Words and expressions used herein and not defined in this Act but defined in the Representation of the People Act, I950 or the Representation o f the People Act, 195 1 or the Foreign E~~hipge Management Act, 1999 shall have the meanings respectively wiped to them in .those Acts. CHAPTER I1 ' &&ULATKIN OF FOREIGN CONTRIBUTION AND FOREIGN HOWT.4LTPY

Section 2 – The FOREIGN CONTRIBUTION (REGULATION ACT, 2010 | DailyLaw.ai