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TMI BlogForeign Contribution (Regulation) Act, 2010 (42 of 2010),X X X X Extracts X X X X X X X X Extracts X X X X ..... t; (e) year means the financial year commencing from the1 st day of April and ending on the 31 st day of March of the next calendar year; (2) Words and expressions used and not defined herein, but defined in the Act shall have the meaning assigned to them in the Act. 3. Guidelines for declaration of an organisation to be of a political nature, not being a political party. - The Central Government may specify any organisation as organisation of political nature on one or more of the following grounds:- (i) organisation having avowed political objectives in its Memorandum of Association or bylaws; (ii) any Trade Union whose objectives include activities for promoting political goals; (iii) any voluntary action group with objectives of a political nature or which comments upon or participates in political activities; (iv) front or mass organisations like Students Unions, Workers Unions, Youth Forums and Women s wing of a political party; (v) organisation of farmers, workers, students, youth based on caste, community, religion, language or otherwise, which is not directly aligned to any political party, but whose objectives, as stated in the Memorandum of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in research or training shall not be counted towards administrative expenses: Provided further that the expenses incurred directly in furtherance of the stated objectives of the welfare oriented organization shall be excluded from the administrative expenses such as salaries to doctors of hospital, salaries to teachers of school etc. 6. Intimation of receiving foreign contribution from relatives. - Any person receiving foreign contribution in excess of one lakh rupees or equivalent thereto in a financial year from any of his relatives shall inform the Central Government in Form FC-1 within thirty days from the date of receipt of such contribution. 7.Receiving foreign hospitality by specified categories of persons. - (1) Any person belonging to any of the categories specified in section 6 who wishes to avail of foreign hospitality shall apply to the Central Government in Form FC-2 for prior permission to accept such foreign hospitality. (2) Every application for acceptance of foreign hospitality shall be accompanied by an invitation letter from the host or the host country, as the case may be, and administrative clearance in case of visits sponsored by a Ministry of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t whereof should be witnessed by at least two persons. 9. Application for obtaining registration or prior permission to receive foreign contribution. - (1) (a) Any application under sub-section(1) of section11 for registration of a person for acceptance of foreign contribution shall be made electronically on-line in Form FC-3, and shall be followed by forwarding the hard copy of the on-line application duly signed by the Chief Functionary of the association together with the required documents. (b) The hard copy of the on-line application referred in clause (a) shall reach the Central Government within thirty days of the submission of the on-line application, failing which the request of the person shall be deemed to have ceased. (c) Any person whose request was ceased under clause (b) of sub-rule (1) may prefer a fresh on-line application with the Central Government only after six months from the date of cessation of the previous application. (d) A person seeking registration shall be required to open an exclusive bank account to receive foreign contribution. (e) The person may, however, open one or more accounts in one or more banks for the purpose of util ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f these rules, shall be deemed to be an application for registration or prior permission under the Act, as the case may be under these rules, subject to the condition that the applicant furnishes the prescribed fees for such registration or prior permission, as the case may be. 10. Validity of Certificate. - Every certificate of registration granted to a person under the Act shall be valid for a period of five years from the date of its issue. 11. Renewal of registration certificate. - (1) Every certificate issued to a person shall be renewed after the expiry of five years from the date of its issue on proper application. (2) For renewal of certificate every person shall apply to the Central Government in Form FC-5, six months before the date of expiry of the certificate. (3) An application made for renewal of the certificate shall be accompanied by a fee of rupees five hundred only. (4) The fee for renewal of the certificate of registration shall be remitted by demand draft or banker s cheque in favour of the Pay and Accounts Officer, Ministry of Home Affairs , payable at New Delhi. (5) In case no application for renewal of registration is received or such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e spent with the prior approval of the Central Government for the declared aims and objects for which the foreign contribution was received. (b) The remaining seventy-five per cent. of the unutilised foreign contribution shall be utilised only after revocation of suspension of the certificate of registration. 14. Custody of foreign contribution in respect of person whose certificate has been cancelled. -(1) The amount of foreign contribution lying unutilised in the exclusive foreign contribution bank account of a person whose certificate of registration has been cancelled shall vest with the banking authority concerned till the Central Government issues further directions in the matter. (2) If a person whose certificate of registration has been cancelled transfers the foreign contribution to any other person, the clause (a) of rule 12 of these rules shall apply to the person to whom the fund has been transferred. (3) In case the person whose certificate has been cancelled or such person ceases to exist or has become defunct and that person is in possession of any moveable and immovable assets acquired with the foreign contribution, the same shall not be disposed of in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rn in Form FC-6 shall reflect the foreign contribution received in the exclusive bank account and include the details in respect of the funds transferred to other bank accounts for utilisation. (3) If the foreign contribution relates only to articles, the intimation shall be submitted in Form FC-7. (4) If the foreign contribution relates to foreign securities, the intimation shall be submitted in Form FC-8. (5) Every report submitted under sub-rules (2) to (4) shall be duly certified by a chartered accountant. (6) Every such return in Form FC-6 shall also be accompanied by a copy of a statement of account from the bank where the exclusive foreign contribution account is maintained by the person, duly certified by an officer of such bank. (7) A NIL report shall be furnished even if no foreign contribution is received during a financial year. 17. Foreign contribution received by a candidate for election. - Foreign contribution received by a candidate for election, referred to in section 21, shall be furnished in Form FC-9 within forty-five days from the date on which he is duly nominated as a candidate for election. 18. Limit to which a judicial officer, not bel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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