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Powers of Central Government under the FCRA, 2010 - FCRA Ready Reckoner - FEMAExtract Powers of the Central Government under FCRA, 2010 Power of Central Government to give directions [ Section 46 of FCRA, 2010 ] The Central Government may give such directions as it may deem necessary to any other authority or any person or class of persons regarding the carrying into execution of the provisions of this Act. Delegation of powers [ Section 47 FCRA, 2010 ] The Central Government may, by notification, direct that any of its powers or functions under this Act, except power to make rule under section 48, shall, in relation to such matters and subject to such conditions, if any, may be specified in the notification, be exercised or discharged also by such authority as may be specified. Power to make rules [ Section 48 of FCRA, 2010 ] The Central Government may make rules for carrying out the provisions of this Act by issue notification. [ Section 48(1) of FCRA, 2010 ] In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a ) the value of the article which may be specified under section 2(1)(h)(i) ; b ) the authority which may be specified under section 2(1)(p) ; c ) acceptance or retention of gift or presentation under section 4(d) ; d ) guidelines specifying the ground or grounds on which an organization may be specified as an organization of political nature under section 5(1) ; e ) the activities or business which shall be construed as speculative business under the proviso of section 8(1)(a) ; f ) the elements and the manner in which the administrative expenses shall be calculated under section 8(2) ; g ) the time with in which and the manner in which any person or class of persons or an association may be required to furnish intimation regarding the amount of foreign contribution received under section 9(c) ; h ) the time within which and the manner in which any person or class of persons may be required to furnish intimation regarding foreign hospitality under section 9(e) ; i ) the manner in which the copy of the order of the Central Government shall be served upon any person under section 10 ; j ) the form and manner in which the application for grant of certificate of registration or giving of prior permission under section 12(1) ; k ) the fee to be accompanied by the application under section 12(1) ; l ) the terms and conditions for granting a certificate or giving prior permission under section 12(4)(g) ; m ) the manner of utilising the foreign contribution under section 13(2)(b) ; n ) the authority with whom the foreign contribution to be vested under section 15(1) ; o ) the period within which and the manner in which the foreign contribution shall be managed under section 15(2) ; p ) the form and manner in which the application for a renewal of certificate of registration shall be made under section 16(2) ; q ) the fee to be accompanied by the application for renewal of certificate under section 16(2) ; r ) the prescribed amount of foreign remittance, the form and manner in which the foreign remittance received by every bank or authorized person in foreign exchange shall be reported under section 17(2) ; s ) the time within which and the manner in which the person who has been granted certificate of registration or given prior permission under this Act shall give intimation under section 18 ; t ) the form and manner in which account of any foreign contribution and the manner in which such contribution has been utilized shall be maintained under section 19 ; u ) the time with in which and the manner in which a candidate for election shall give intimation under section 21 ; v ) the manner and procedure to be followed in disposing of the assets under section 22 ; w ) the limits subject to which any confiscation may be adjudged under section 29(1)(b) ; x ) the fee to be accompanied along with every application for revision under section 32(5) ; y ) the form and manner for making of an application for compounding of an offence and the fee there for under section 41(4) ; z ) the form and manner in which and the time within which returns and statements to be furnished by the prescribed authority under section 44 ; za ) any other matter which is required to be, or may be, prescribed. Power to exempt in certain cases [ Section 50 of FCRA, 2010 ] If the Central Government is of opinion that it is necessary or expedient in the interests of the general public so to do, it may, by order and subject to such conditions as may be specified in the order, exempt any person or association or organization (not being a political party), or any individual (not being a candidate for election) from the operation of all or any of the provisions of this Act and may, as often as may be necessary, revoke or modify such order. Power to remove difficulties [ Section 53 of FCRA, 2010 ] If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty: Exception:- no order shall be made under this section after the expiry of two years from the commencement of this Act. [ Section 53(1) of FCRA, 2010 ] Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. [ Section 53(2) of FCRA, 2010 ]
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