(4) "legislature" means - (a) either house of parliament; (8) the legislative assembly of a state, or in the case of a state having a legislative council, either house of the legislature of that state; (c) legislative assembly of a union territory constituted under the $~ government of union territories act, 1963; 20 of 1963 (d) legislative assembly for the national capital territory of delhi referred to in the government of national capital territory of delhi act, 1991; 1 of 1992 (e) municipal corporations in metropolitan areas as defined in the code of criminal procedure, 1973; je 2 of 1974 (f) district councils and regional councils in the states of assam, meghalaya, tripura and mizoram as provided in the sixth schedule to the constitution; or - (g) any other elective body as may be notified by the central government, as the case may be; is {) "notification" means notification published in the official gazette and the expression "notify" shall be construed accordingly; (m) "person" includes— () an individual; (i) a hindu undivided family; ro (iid) an association; (iv) a company registered under section 25 of the companies act, 1956; 1 of 1956 (1) "political party" means— (a) an association or body of individual citizens of india— (a) to be registered with the election commission of india as a 257 political party under section 29a of the representation of the people act, 1951; or 43 of 1951 (b) which has set up candidates for election to any legislature, but is not so registered or deemed to be registered under the election symbols (reservation and allotment) order, 1968; 3e (7) a political party mentioned in column 2 of table 1 and table 2 to the notification of the election commission of india no56/j&k/02, dated the 8th august, 2002, as in force for the time being; (0) "prescribed" means prescribed by rules made under this act; (p) "prescribed authority" means an authority specified as such by rules made _3$~~ by the central government under this act; (q) "registered newspaper" means a newspaper registered under the press and registration of books act, 1867; 25 of 1867 (y) "relative" has the meaning assigned to it in clause (41) of section 2 of the companies act, 1956; typ! of 1956 (s) "scheduled bank" shall have the meaning assigned to it under clause (é) of section 2 of the reserve bank of india act, 1934; 2 of 1934,() "subsidiary" and "associate" shall have the meanings, respectively assigned 1 of 1956 to them in the companies act, 1956; (u) "trade union" means a trade union registered under the trade unions 16 of 1926 act, 1926; - (2) words and expressions used herein and not defined in this act but defined in the 43 of 1950 representation of the people act, 1950 or the representation of the people act, 1951 or the 43 of bet foreign exchange management act, 1999 shall have the meanings respectively assigned to them in those acts  chapter il le regulation of foreign contribution and foreign hospitality3 (2) no foreign contribution shall be accepted by any— | prohibition    | to      ||----------------|---------|| accept         | foreign || contribution  |         |(a) candidate for election; (8) correspondent, columnist, cartoonist, editor, owner, printer or publisher of a registered newspaper, ist (c) judge, government servant or employee of any corporation or any other body controlled or owned by the government; (@) member of any legislature; (e) political party or office-bearer thereof; (/ organisation of a political nature as may be specified under sub-section (/) 2 @ of section 5 by the central government; (g) association or company engaged in the production or broadcast of audio news or audio visual news or current affairs programmes through any electronic mode, or any other electronic form as defined in clause (r) of sub-section (/) of 21 of 2000 section 2 of the information technology act, 2000 or any other mode of mass 2s" communication;  (a) correspondent or columnist, cartoonist, editor, owner of the association or company referred to in clause (g) explanation— in clause (c) and section 6, the expression "corporation" means a corporation owned or controlled by the government and includes a government lof 1956 30 company as defined in section 617 of the companies act, 1956 (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 (7), or both ~ (6) no person, resident in india, shall deliver any currency, whether indian or 3s 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 (), or both (c) no citizen of india resident outside india shall deliver any currency, whether y ¢ indian or foreign, which has been accepted from any foreign source, to— (d any political party or any person referred to in sub-section (/), or both; or (i/) 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 us party or to any person referred to in sub-section (/), 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 (6) to any other person, if he knows or has reasonable cause to believe that such _s~ other person intends, or is likely, to deliver such currency to a person other than the person for which such currency was received 4 nothing contained in section 3 shall apply to the acceptance, by any person specified persons to whom section 3 in that section, of any foreign contribution where such contribution is accepted by him, shall not apply subject to the provisions of section 10,— te (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 (8) 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 is (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 accordance with the tules made by the central government with regard to the acceptance or retention of qe such gift or presentation; or , {e) from his relative; or (/) 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: 242 of 1999 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 5(1) the central government may, having regard to the activities of the organisation 3° or the ideology propagated by the organisation or the programme of the organisation or procedure to notify an organisation of 2 political nature the association of the organisations with the activities of any political party, by an order published in the official gazette, specify such organisation as an organisation of a political nature not being a political party, referred to in clause (/) of sub-section (7) of section 3 (2) before making an order under sub-section (/), the central government shall 357 give the organisation in respect of whom the order is proposed to be made, a notice in writing informing it of the ground or grounds, on which it is proposed to be specified as an organisation of political nature under that sub-section: provided that the central government may, by rules made by it, specify the ground or grounds on which an organisation shail be specified as an organisation of a political ho nature | (3) the organisation to whom a notice has been served under sub-section (2), may, within 4 period of thirty days from the date of the notice, make a representation to the central govetnment giving reasons for not specifying such organisation as an organisation under sub-section (/): 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 (/) accordingly le 6 no member of a legislature or office-bearer ofa 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 restriction on acceptance of foreign hospitality the prior permission of the central government, any foreign hospitality: ibs provided that it shall not be necessary to obtain any such permission for an emergent medica! 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 prohibition 7 no person who - qu (a) is registered and granted acertificate or obtained prior permission under this act; and ; | to           | transfer    ||--------------|-------------|| foreign      |             || contribution | to          || other        | person     |(8) receives any foreign contribution, shall transfer such foreign contribution to any other person unless such other person is also registered and granted the certificate or obtained the prior permission under as" this act 8 (7) every person, who is registered and granted a certificate or given prior permission under this act and receives any foreign contribution,— _ (a) shall utilise such contribution for the purposes for which the contribution has been received: 30 restriction to utilise foreign contribution for, administrative purpose provided that any foreign contribution or any income arising out of it shall not be used for speculative business; (6) shall not defray as far as possible such sum, not exceeding fifty per cent of such contribution, received in a financial year, to meet administrative expenses: 35 provided that administrative expenses exceeding fifty 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 (/) shall be calculated bd yo 9 the central goverment may— (a) prohibit any person or organisation not specified in section 3, from accepting any foreign contribution; | power      | of      ||------------|---------|| central    |         || government | to      || prohibit   | receipt || of         | foreign || tribution, | etc,   || certain    | cases  |(b) require any person or class of persons, not specified in section 6, to obtain prior permission of the central government before accepting any foreign \ 7 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 ef 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; (2) without prejudice to the provisions of sub-section (/) of section 11, require any person or class of persons specified in that sub-section to obtain prior permission of the central government before accepting any 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 contribution by such person or 1s7 class of persons, as the case may be, or the acceptance of foreign hospitality by such person, is likely to affect prejudicially - (d the sovereignty and integrity of india; or (ii) public interest; or (ii) freedom or faimess of election to any legislature; or io (iv) friendly relations with any foreign state; or (v) harmony between religious, racial, social, linguistic or regional groups, castes or communities power 10 where the central government is satisfied, after making such inquiry as it may deem fit, that any person has in his custody or contro! any article or currency, whether indian 257~ or foreign, which has been accepted by such person in contravention of any of the provisions of this act, itmay, by order in writing, prohibit such person from paying, delivering, transferring, to prohibit payment of cutrency teceived in contravention of the act or otherwise dealing with, in any manner whatsoever, such article or currency 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 3o provisions of sub-sections (2), (3), (4) and (5) of section 7 of the unlawful activities (prevention) act, 1967 shail, so far as may be, apply to, or in relation to, such article or 37 of 1967 currency and references in the said sub-sections to moneys, securities or credits shali be construed as references to such article or currency chapter ill  registration11 (2) 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: registration of certain persons with central government provided that any association registered with the central government under section6 ko or granted prior permission under that section of the foreign contribution (regulation) act, 1976, as it stood immediately before the commencement ofthis act, shali be deemed to 49 of 1976 have been registered or granted prior pertnission, as the case may be, under this act and such registration shail be valid for a period of five years from the date on which this section comes into force bs (2) every person referred to in sub-section (/) may, if i 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 specific source: provided that if the person referred to in sub-sections (/) and (2) has been found guilty of violation of any of the provisions of this act or the foreign contribution 490f1976 (regulation) act, 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 q@) notwithstanding anything contained in this act, the central government may, by notification in the official gazette, specify— lo (é 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; (iii) the purpose or purposes for which the foreign contribution shall be utilised 1s" 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 12 (/) an application by a person, referred to in section [1 for grant of certificate or giving prior permission, shall be made to the central government in such form and manner grant of certificate of tegistration@ and along with such fee, as may be prescribed (2) on receipt of an application under sub-section (7), 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 of prior permission 2% and after making such inquiry'as the central government deems fit, it is satisfied that - (a) the person making an application for registration or giving of prior permission under sub-section (/),— |          |             |             |             |            | (2          | is          | not        | fictitious    | or              | benami;     ||----------|-------------|-------------|-------------|------------|-------------|-------------|------------|---------------|-----------------|-------------|| oe       | (ii)        | has not     | indulged    | in         | activities  | aimed       | at         | conversion    | through         | inducement  || 3        | or          | force,      | either      | directly   | or          | indirectly, | from       | one           | religious       | faith       || (iii)    | has         | not         | created     | communal   | tension     | or          | disharmony | in            | any specified   |             || district | or          | any         | other       | part       | of          | the         | country;   |               |                 |             || (iv)     | has         | not         | been        | found      | guilty      | of          | diversion  | or            | mis-utilisation | of          || »        | $7          | (v)         | is          | not        | engaged     | or          | likely     | to            | engage          | to          || violent  | methods     | to          | achieve     | its        | ends;       |             |            |               |                 |             || (vi)     | is          | not         | likely      | to         | use         | the         | foreign    | contribution  | for             | personal    || it       | for         | undesirable | purposes;   |            |             |             |            |               |                 |             || (vii)    | has         | not         | contravened | any        | of          | the         | provisions | of            | this            | act;        || \y       | (viii)      | whose       | certificate | has        | been        | suspended   | and        | such          | suspension      | of          || ¢        | certificate | continues;  |             |            |             |             |            |               |                 |             || _        | {&)         | was         | previously  | granted    | certificate | which       | had been   | cancelled     | before          |             || three    | years       | from        | the         | date of    | the         | application | for        | grant         | of              | certificate || {x}      | has         | not         | been        | prohibited | from        | accepting   | foreign    | contribution; |                 |             |(4) the person making an application for registration under sub-section (7) has us undertaken meaningful activity in its 'chosen field for the, benefit of the people for which the foreign contribution is proposed to be utilised; or  the foreign contribution (regulation) bill, 2006 arrangement of clauses chapteri preliminary clauses1 - short title, extent, application and commencement 2 definitions  chapter ii regulation of foreign contribution and foregin hospmvaliry3 prohibition to accept foreign contribution 4 persons to whom section 3 shall not apply 5 procedure to notify an organisation of a political nature 6 restriction on acceptance of foreign hospitality 7 prohibition to transfer foreign contribution to other person 8 _ restriction to utilise foreign contribution for administrative purpose 9 power of central government to prohibit receipt of foreign-contribution, etc, in certain cases 10, power to prohibit payment of currency received in contravention of the act  chapter il registrationll registration of certain persons with central government 12 grant of certificate of registration 13 suspension of certificate 14, cancellation of certificate 15 management of foreign contribution of person whose certificate has been cancelled 16 renewal of certificate  chapteriv accounts, intimation, audit and disposal of assets, etc17 foreign contribution through scheduled bank 18 intimation 19 maintenance of accounts 20 audit of accounts 21 intimation by candidate for election 22 disposal of assets created out of foreign contribution chapter v inspection, search and seizure clauses23 inspection of accounts or records 24, seizure of accounts or records 25 seizure of article or currency or security received in contravention of the act 26 disposal of seized article or currency or security 27 seizure to be made in accordance with act 2 of 1974  chapter vi adjudication28 confiscation of article or currency or security obtained in contravention of the act 29 adjudication of confiscation, 30 procedure for confiscation  chapter vii appeal and revision31 appeat 32, revision of orders by central government  chapter vii offences and penalties33 making of false statement, declaration or delivering false accounts 34 penalty for article or currency or security obtained in contravention of section 10 35 punishment for contravention of any provision of the act 36 power to impose additional fine where article or currency or security is not available for confiscation 37 penalty for offences where no separate punishment has been provided 38 prohibition of acceptance of foreign contribution 39 offences by companies 40 bar to prosecution of offences under the act 41 composition of certain offences  chapter ix miscellaneous42 power to call for information or document 43 investigation into cases under the act 44, returns by prescribed authority to central government 45 protection of action taken in good faith 46 power of central government to give directions 47 delegation of powers 48 power to make rules ; 49 orders and rules to be laid before parliament 50 power to exempt in certain cases 51 act not to apply to certain government transactions 52 application of other laws not barred 53 power to remove difficulties 34 repeal and saving(c) the person making an application for giving prior permission under subsection (7) has prepared a meaningful project for the benefit of the people for which the foreign contribution is proposed to be utilised; (2) 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 jts 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- jo section (j) is not likely to affect prejudicially - ;  (3 the sovereignty and integrity of india; or (ii) the security, strategic, scientific or economic interest of the state; or ii) the public interest; or {iv) freedom or fairness of election to any legislature; or 157 (v) friendly relation with any foreign state; or (vi) harmony between religious, racial, social, linguistic, regional groups, castes or communities; (g) the acceptance of foreign contribution referred to in sub-section (1),— (i) shall not lead to incitement of an offence; 20 gi) shall not endanger the life or physical safety of any person, the central government may 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 (4) where the central government refuses the grant of certificate or does not give 257 prior permission, it shall record the reasons for such refusal or for not giving of prior permission in its order made for such refusal or not giving prior permission 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 of prior permission to the applicant under this 72 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 (5) 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 3$7 suspension of 13 (/) where the central government, for reasons to be recorded in writing, is certificate satisfied that pending consideration of the question of canceling the certificate on any of the grounds mentioned iti sub-section {/) of section 14, it is necessary so to do, it may, by order in writing, suspend the certificate for such period not exceeding one hundred and eighty days as may be specified in the order "yo (2) every person whgse 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 contribution by such person - y - on such terms and conditions as it may specify;(6) utilise, in the prescribed manner, the foreign contribution in his custody with the prior approval of the central government  cancellation of certificate 14 (7) the centralgovernment may, if it is satisfied after making such inquiry as it may deem fit, by an order, cancel the certificate if— s (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 (@) the holder of certificate has violated any of the provisions of this act or rules or order made thereunder, (2) no order of cancellation of certificate under this section shall be made unless the person concemed has been given a reasonable opportunity of being heard is (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 15() the foreign contribution and assets created out of the foreign contribution in the custody of every person whose certificate has been cancelled under section 14 shall vest qe in such authority as may be prescribed management of foreign contubution of person whose certificate has been cancelled (2) the authority referred to in sub-section (7) 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 as utilise the foreign contribution or dispose of the assets created of it in case adequate funds are not available for running such activity (3) the authority referred to in sub-section (7) shall retum 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 30 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 (2) the application for renewal of the certificate shall be made to the central goverment in such form and manner and accompanied by such fee as may be prescribed (3) the central government shall renew the certificate subject to such terms and conditions as it may deem fit and grant a certificate of renewal for a period of five years: provided 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, etcwo 17()) every person who has been granted a certificate or given prior permission under section 12 shall réceive 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: foreign contribution through scheduled bankprovided that such person may open one or more accounts in one or more banks for utilising the foreign contribution received by him: 4s 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) the amount of foreign remittance; {6} the source and manner in which the foreign remittance was received; and $7 (c) other particulars, in such form and manner as may be prescribed intimation 18(/) 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 jo 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 o (2) every person receiving foreign contribution shall submit a copy of a statement indicating therein the particulars of foreign contribution received duly certified by officerof 15 the bank or authorised person in foreign exchange and furnish the same to the central government along with the intimation under sub-section (/)  maintenance 19 every person who has been granted a certificate or given prior approval under of accounts this act shal! maintain, in such form and manner as may be prescribed,— (a) an account of any foreign contribution received by him; and ae (6) a record as to the manner in which such contribution has been utilised: by him audit of 20 where any person who has been granted a certificate or given prior permission, accounts 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 as™ 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 3 o 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 tatimation by candidate for election 21, every candidate for election, who had received any foreign contribution, at any 5 time within one hundred and eighty days immediately preceding the date on which he is duly nominated as such candidate, shali 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 y 9 which such foreign contribution was utilised by him 22 where any person who was permitted to accept foreign contribution under this | disposal      | of      ||---------------|---------|| assets        | created || out           | of      || contribution | ©       |act, ceases to exist or has become defunct, all the assets of such person shail be disposed of in acgordance 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 ug central government may, having regard to the nature of assets created out of foreign contribution received under this act, by notification, specify that all such assets shall be disposed off by such authority, as it may specify, in such manner and procedure as may be prescribed chapter v inspection, search and seizure23 if the central government has, for any reason, to be recorded in writing, any inspection of ground to suspect that any provision of this act has been or is being, contravened by—- _ 46counts or ss (a) any political party, or records, {b) any person, or (c) any organisation, or (d) any association, it may, by general or special order, authorise such gazetted officer, holding a group a le 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, organisation or association, as the case may be, and thereupon every such inspecting 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 24 if, after inspection of an account or record referred to in section 23, the inspecting seizure of officer has any reasonable cause to believe that any provision of this act or of any other law ¢counts or relating to foreign exchange has been, or is being, contravened, he may seize such account "2" or record and produce the same before the court, authority or tribunal in which any proceeding wie is brought for such contravention: provided that the authorised officer shall return such account or record to the person from whom it was seized ifno proceeding is brought within six months from the date of such seizure for the contravention disclosed by such account or record 25 if any gazetted officer, authorised in this behalf by the central government by seizure of 257 general or special order, has any reason to believe that any person has in his possession or article or :    currency or control any article exceeding the value specified in sub-clause (i) of clause (a) of subsecurity section (1) of section 2 or currency or security whetber indian or foreign, in relation to received in which any provision of this act has been or is being, contravened, he may seize such contravention article or currency or security of the act 3 oo 26(/) the central government, may, having regard to the value of article or currency disposal of or security, their vulnerability to theft or any relevant consideration, by notification, specify seized article such article or currency or security which shall, as soon as may be after their seizure, be security cy of disposed of by such officer and in such manner, as the central government may, from time to time, determine after following the procedure hereinafter specified as)py (2) the article or currency or security seized shall be forwarded without unnecessary 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 (7), shall prepare an inventory of such article or currency or security containing such details relating to their description, value or such 40 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 1 of £872 "ye (5) notwithstanding anything contained in the indian evidence act, 1872 or the code 2 of £974 of criminal procedure, 1973, 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 session judge having jurisdiction for adjudging the confiscation under section 29 scizure to be 27 the provisions of the code of criminal procedure, 1973 shall apply in so far as they made tn accorare not inconsistent with the provisions of this act to all seizures made under this act dance with act 2 of 1974,  chapter vi adjudicationconfiscation 28 any article or currency or security which is seized under section 25 shall be liable ofarticle or to confiscation if such article or currency or security has been adjudged under section 29 to currency or      security have been received or obtained in contravention of this act | obtained      | in    ||---------------|-------|| contravention |       || of            | the   |adjudication of 29(/) any confiscation referred to in section 28 may be adjudged— confiscation  (a) without limit, by the court of session within the local limits of whose {eo jurisdiction the seizure was made; and (4) 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 behaif (2) when an adjudication under sub-section (/) is concluded by the court of session ae or assistant sessions judge, as the case may be, the sessions judge or assistant sessions judge may make such order as he thinks fit for the disposal by confiscation or delivery of seized article or currency or security, as the case may be, to any person claiming to be entitled to possession thereof or otherwise, or which has been used for the commission of any offence under this act 26 procedure for 30 no order of adjudication of confiscation shall be made unless a reasonable confiscation - apportunity 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 revision2s appeal 31(7) 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 30 (6) where the order has been made by any officer specified under clause (6) of sub-section (/) 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 357 "wo(2),any organisation referred to'in clause (/) of sub-section (7) of section 3, or any person or association referred to in section 6 or section 9, agerieved 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 (/) 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 s" an original decree and the provisions of order xli of the first schedule to the code of 5 of 1908 civil procedure, 1908, shall, as far as may be, apply thereto as they apply to an appeal from an original decree : 32(7) the central government, may, either of its own motion or on an application revision of orders by central government for revision by the person registered under this act, for revision, 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 - ty (3) in the case of an application for revision under this section by the person referred to in sub-section (/}, 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 20 prevented by sufficient cause from making the application within that period, 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 2 expired or such person has not waived his right of appeal or an appeal has been filed under s$ 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  3o chapter viii offences and penalties33 any person, subject to this act, wha knowingly, - (a) gives false intimation under sub-section (c) of section 9 or section 18; or | making      | of    ||-------------|-------|| statement,  |       || declaration | or    || delivering  | false || accounts,   |       |~ (6) seeks prior permission or registration by means of fraud, false 35 representation or concealment of material fact, : shail, on conviction by a court, be liable to imprisonment for a term which may extend to three years or with fine or with both 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, | penalty       | for    ||---------------|--------|| article       | or     || currency      | or     || security      |        || obtained      | in     || contravention |        |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 of section 102 of 1974 procedure, 1973, the court trying such contravention may also impose on the person convicted an additional fine equivalent to the miarket value of the article or the amount of yy the currency or security in tespect of which the prohibitorv order has been contravened by him or such part thereof as the court may deem fit punishment for 35 whoever accepts, or assists any person, political party or organisation in accepting, contravention any foreign contribution or any currency or security from a foreign source, in contravention onan pr 'wt of any provision of this act or any rule or order made thereunder, shall be punished with imprisonment for a term which may extend to five years, or with fine, or with both power to 36 notwithstanding anything contained in the code of criminal procedure, 1973, the "2 of 1974 impose addicourt trying a person, who, in relation to any article or currency or security, whether indian tional fine or foreign, does or omits to do any act which act or omission would render-such article or oeeey bal currency or security liable to confiscation under this act, may, in the event of the conviction security is not ofsuch person for the act or omission aforesaid, impose on such person a fine not exceeding - available for five times the value of the article or currency or security or one thousand rupees, whichever |} @ confiscation —_ig more, if such article or currency or security is not available for confiscation, and the fine so imposed shall be in addition to any other fine which may be imposed on such person under this act penalty for 37 whoever fails to comply with any provision of this act for which no separate offences where penalty has been provided in this act shall be punished with imprisonment for a term which /\~~ no separate -   punishment has may extend to one year, or with fine or with both been provided prohibition of 38 notwithstanding anything contained in this act, whoever, having been convicted fasplance f of any offence under section 35 or section 37, in so far as such offence relates to the contnbution acceptance or utilisation of foreign contribution, is again convicted of such offence shall not accept any foreign contribution for a period of three years from the date of the 9 «> subsequent conviction offences by 39(7) where an offence under this act or any rule or order made thereunder has companies been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shali be deemed to be guilty of the offence and shall asm be liable to be proceeded against and punished accordingly: provided that nothing contained in this sub-section shall render such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence (2) notwithstanding anything contained in sub-section (/), where an offence under 3 o this act or any rule or order made thereunder has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shail be liable to be proceeded against and punished accordingly 3 $7 explanation— for the purposes of this section,— (a)"company" means any body corporate and includes a firm, society, trade union or other association of individuals; and (4) "director", in relation to a firm, society, trade union or other association of individuals, means a partner in the firm or a member of the governing body of 4 o such society, trade union or other association of individuals bar to 40, no court shall take cognizance of any offence under this act, except with the prosecution previous sanction of the central government or any officer authorised by that government under the act in this behalf composition 41(/) notwithstanding anything contained in the code of criminal procedure, 1973152 of 1974 of certain any offence punishable under this act (whether committed by an individual or association offences or any officer or employee thereof), not being an offence punishable with imprisonment only, may, before the institution of any prosecution, be compounded by such officers or authorities and for such sums as the central government may, by notification in the official gazette, specify in this behalf (2) nothing in sub-section (7) shall apply to an offence committed by an individual or association or its officer or other employee within a period of three years from the date on which a similar offence committed by it or him was compounded under this section explanation— for the purposes of this section, any second or subsequent offence committed after the expiry of a period of three years from the date on which the offence was previously compounded, shall be deemed to be a first offence (3) every officer or authority referred to in sub-section fan) shall exercise the powers to compound an offence, subject to the direction, control and supervision of the central government (4) every application for the compounding of an offence shall be made to the officer ke) or authority referred to in sub-section (7) in such form and manner along with such fees as may be prescribed (5) where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded (6) every officer or authority referred to in sub-section (/) while dealing with a proposal 'ss for the compounding of an offence for a default in compliance with any provision of this act which requires by an individual or association or its officer or other employee to obtain permission or file or register with, or deliver or send to, the central government or any prescribed authority any return, account or other document, may, direct, by order, ifhe or it thinks fit to do so, any individual or association or its officer or other employee to file or ao register with, such return, account or other document within such time as may be specified in the order  chapter ix miscellaneouspower to 42 any inspecting officer referred to in section 23 who is authorised in this behalf by call for information the centrat government may, during the course of any inspection of any account or record maintained by any political party, person, organisation or association in connection with the or document contravention of any provision of this act, - qo (a) call for information from any person for the purpose of satisfying himself whether there has been any contravention of the provisions of this act or rule or order made thereunder; (6) require any person to produce or deliver any document or thing useful or relevant to such inspection; 35° (c) examine any person acquainted with the facts and circumstances of the case related to the inspection 2 of 1974 investigation into cases: under the act 43 notwithstanding anything contained in the code of criminal procedure, 1973, any offence punishable under this act may also be investigated into by such authority as the central government may specify in this behalf and the authority so specified shall have all the powers which an officer-in-charge of a police station has while making an investigation yo into a cognizable offence 44 the prescribed authority shall furnish to the central government at such time and in such form and manner such returns and statements as may be prescribed returns by prescribed authority to central goverament 45 no suit or other legal proceedings shall lie against the central government or protection of action taken in good faith asthe authority referred to section 44 or any of its officers in respect of any loss or damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of the provisions of this act or, any rule or order made thereunder 46, 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 power of central government to give directions, delegation of powers vy 47 the central government may, by notification, direct that any of its powers or functions under this act, except power to make rule under section 22, 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, 48(7) the central government may, by notification, make rules for carrying out the provisions of this act : te (2) in particular, and without prejudice to the generality of the foregoing power, such tules may provide for all or any of the following matters, namely:— (a) the value of the article which may be specified under sub-clause (7) of clause (a) of sub-section (2) of section 2; (8) the authority which may be specified under clause (p) of sub-section (/) of is section 2; (c) acceptance or retention of gift or presentation under clause (d) of section 4; (@) ground or grounds on which an organisation may be specified as an organisation of political nature under sub-section (2) of section 5; (e) the manner in which the administrative expenses shall be calculated under sub-section (2) of section 8; (f) the'time within which and 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 clause (c} of section 9; 2s (g) the time within which and manner in which any person or class of persons may be required to furnish intimation regarding foreign hospitality under clause (¢) of section 9; (a) the manner in which the copy of the order of the central government shall be served upon any person under section 10; qo '() the form and manner in which the application for grant of certificate of registration or giving of prior permission under sub-section (2) of section 12; (/) the fee to be accompanied by the application under sub-section (/) of section 12; (4) the terms and conditions for granting a certificate or giving prior permission under clause (g) of sub-section (3) of section 12; a (d the manner of utilising the foreign contribution under clause (6) of subsection (2) of section 13; (n) the authority with whom the foreign contribution to be vested under subsection (/) of section 15; (a) the period within which and the manner in which the foreign contribution yo shail be managed under sub-section (2) of section 15; (0) the form and manner in which the application for a renewal of certificate of registration shall be made under sub-section (2) of section 16; {p) the fee to be accompanied by the application for renewal of certificate under sub-section (2) of section 16; ats{q) the form, and manner in which the foreign remittance received in any of the accounts of the bank or authorised person in foreign exchange which shall be reported under sub-section (2) of section 17; (r) the time within which and 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; (s) the form and manner in which account of any foreign contribution and the manner in which such contribution has been utilised shall be maintained under section 19; (® the time within which and manner in which a candidate for election shall give intimation under section 21; jo (u) the manner and procedure to be followed in disposing of the assets under section 22; {v) the limits subject to which any confiscation may be adjudged under clause (5) of sub-section (7) of section 29; (w) the fee to be accompanied along with every application for revision under sub-section (5) of section 32; 1s (2) the form and manner for making of an application for compounding of an offence and the fees therefor under sub-section (4) of section 41; {y) the form and manner in which and the time within which returns and statements to be furnished by the prescribed authority under section 44; (2) any, other matter which is required to be, or may be prescribed 2o orders and rules 49 every order made under section 5 and every rule made by the central government' to be laid before parliament under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in'session for a total period of thirty days which may be comprised ao in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the order or rule or both houses agree that the order or rule should not be made, the order or rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order or rule 30 power to exeript in certain cases 50 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 organisation (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  35 $1 nothing contained in this act shall apply to any transaction between the government of india and the government of any foreign country or territory act itot fo apply to certain government transactions 52 the provisions of this act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force hia application of other laws not barred power to remove difficulties53(/) 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 necessayfor removing the difficulty: 4g provided that no order shall be made under this section after the expiry of two years from the commencement of this act (2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament repeal and 54(7) the foreign contribution (regulation) act, 1976 (hereafter referred to as 49 of 1976 saving the repealed act) is hereby repealed  (2) notwithstanding such repeal, —(a) anything done or any action taken or purported to have been done or taken under the repealed act shall, in so far as it is not inconsistent with the provisions of i this act, be deemed to have been done or taken under the corresponding provisions of this act; (5) any organisation of a political nature, not being a political party, to whom the prior permission was granted under section 5 of the repealed act, shall continue to be the organisation of a political nature, not being a political party, under clause (ofsub- 10 section (/) section 3 of this act, till such permission is withdrawn by the central government; (c) permission to accept foreign hospitality granted under section 9 of the repealed act shall be deemed to be the permission granted under section 6 of this act until such re permission is-withdrawn by the central government; (a) any association prohibited from accepting any foreign contribution under clause (a) of section 10 of the repealed act, in so far as it is not inconsistent with the provisions of this act, shall be deemed to be an association prohibited from accepting any foreign contribution under section 9 of this act; (e) permission obtained under clause (4) of section 10 of the repealed act shall, 2° in so far as it is not inconsistent with the provisions of this act, be deemed to be the perniission until such permission is withdrawn by the central government; (/) any order issued under section 12 of the repealed act shall be deemed to be an order issued under section 10 of this act; (g) any order issued under section 31 of the repealed act exempting any 2 s association or any individual shall be deemed to be an order under section 50 of this act till such order is varied or revoked (3) save as provided in sub-section (2), mention of particular matters in that subsection shall not be held to prejudice or affect the general application of section 6 of the jo general clauses act, 1897, with regard to the effect of repeal 10 of 1897 statement of objects and reasonsthe foreign contribution (regulation) act, 1976 was enacted to regulate the acceptance and utilisation of foreign contribution or hospitality witha view to ensuring that our parliamentary institutions, political associations, academic and other voluntary organisations as well as individuals working in important areas of national life may function in a manner consistent with the values of a sovereign democratic republic the act was amended in 1984 to extend the provisions of the act to cover second and subsequent recipients of foreign contribution and to the members of higher judiciary, besides introducing the system of grant of registration to the associations receiving foreign contribution 2 significant developments have taken place since 1984 such as change in internal security scenario, an increased influence of voluntary organisations, spread of use of communication and information technology, quantum jump in the amount of foreign contribution being received, and large scale growth in the number of registered organisations this has necessitated large scale changes in the existing act therefore, it has been thought appropriate to replace the present act by a new legislation to regulate the acceptance, utilisation and accounting of foreign contribution and acceptance of foreign hospitality by @ person or an association 3 the foreign contribution (regulation) bitl,2006 provides, inter alia, to - () consolidate the law to regulate, acceptance and utilisation of foreign contribution or foreign hospitality and prohibit the same for any activities detrimental to the national interests; (i) prohibit organisations of political nature, not being political parties from receiving foreign contribution; (i) bring associations engaged in production or broadcast of audio news or audio visual news or current affairs through any electronic mode under the purview of the bill; (iv) prohibit the use of foreign contribution for any speculative business; () cap administrative expenses at fifty per cent of the receipt of foreign contribution; (vi) exclude foreign funds received from relatives living abroad; (vii) make provision for intimating grounds for refusal of registration or prior permission under the bill; (viii) provide arrangement for sharing of information on receipt of foreign remittances by the concerned agencies to strengthen monitoring; (i) make registration to be valid for five years with a provision for renewal thereof, and also to provide for cancellation or suspension of registration; (x) make provision for compounding of certain offences 4 the bill seeks to achieve the above objects new dewi; shivraj v patil the 12th december, 2006 clause 2 this clause defines various expressions occurring in the bill clause 3—- this clause, inter alia; provides for prohibition to accept foreign contribution by certain persons or associations, namely, candidate for election, correspondent, columnist, cartoonist, editor, owner, printer or publisher of a registered newspaper, judge, government servant or employee of any corporation, or any other body controlled or owned by the government, member of any legislature, political party or office-bearer thereof, organisation of a political nature as may be specified by the central government;or association or a company engaged in the production or broadcast of audio news or audio visual news or current affairs programmes through any electronic mode or any other electronic form as defined in clause (r) of sub-section (7) of section 2 of the information technology act, 2000; or any other mode of mass communication; or correspondent or columnist, cartoonist, editor, owner of the said association or the company this clause further prohibits acceptance of any foreign contribution or any foreign currency on behalf of any political party or a person referred  to in sub-clause (4) of this clause it is further provided that any currency whether indian or foreign which has been accepted from any foreign source shall not be delivered to any person if such person intends, or is likely, to deliver such currency to any political party or any of the aforesaid person clause 4— this clause provides that the prohibition to accept foreign contribution cunder clause 3° shall not apply in case where such contribution is accepted by way of salary, wages or other remuneration from any foreign source or by way of payment in the ordinary course of business transacted in india by the foreign source; or by way of payment in the course of international trade or commerce or in the ordinary course of business transacted outside india or as an agent of foreign source in relation to any transaction made by such foreign source with the central government, or state government or by way of gift or presentation made to him as a member of any indian delegation if such gift or present was in accordance with the rules made by the central government with regard to the acceptance or retention of such gift or presentation; or by way of remittance received in the ordinary course of business through any official channel, post offi ice or any authorised person in' foreign exchange under the foreign exchange management act, 1999; or by way of payment received from the relative of any person referred to in clause 3 however, in case any foreign contribution received by any person specified under clause 3 of the bill for any of the purposes other than those specified under this clause, such contribution shall be deemed to have been accepted in contravention of the provisions of clause 3 clause 5 ltem (/) of sub-clause (/) of clause 3 prohibits acceptance of foreign contribution by any organisation ofa political nature specified by the central government this clause lays down the procedure to notify an organisation of a political nature referred to in the said item (f) this clause provides that the central government may, having regard to the activities of the organisation or the ideology propagated by the organisation or the programme of the organisation or the association of the organisations with the activities of any political party, by an order published in the official gazette, specify such organisation as an organisation of a political nature not being a political party before making an order, the central government shall give the organisation in respect of whom the order is proposed to be made a notice in writing informing it of the ground or grounds, on which it is proposed to be specified an organisation of a political nature however, the central government may, by rules made by it, specify the ground or grounds on which an organisatior shall be specified as an organisation of a political nature the organisation to whom a notice has been served 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 of a political nature the central government may forward the representation to any authority toe report on such representation the central government shail, after considering the representation and the report of the authority, specify such organisation as an organisation of a political nafure not being a political party clause 6— this clause provides for restriction on acceptance of foreign hospitality it provides that no member of a legislature or office-bearer of a political party or judge or government servant or employee of any corporation shall, while visiting any country or territory outside india, accept, except with the prior permission of the central government any foreign hospitality however, 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 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 clause 7— this clause prohibits the transfer of foreign contribution to any other person it provides that no person who is registered or has obtained prior permission under the proposed legislation and receives any foreign contribution, shall transfer such foreign contribution to arty other person unless such other person is also registered or obtained prior permission under the proposed legislation clause 8— this clause contains restriction to utilise foreign contribution for administrative purposes this clause provides that every person, who is registered or has obtained prior permission under the proposed legislation and receives any foreign contribution, shall utilise such contribution for the purposes for which the contribution is received and any foreign contribution or any income azising out of it shall not be used for speculative business it further provides that such person shall not defray as far as possible such sum, not exceeding fifty per cent thereof received in a financial year to meet administrative expenses however, any sum exceeding fifty per cent of such contribution may be defrayed with prior approval of the central government this clause also confers power upon the central government to prescribe the expenses which shall be included in the administrative expenses and the manner in which the administrative expenses referred to in sub-section (/) shall be calculated clause 9— this clause confers power upon the central government to (a) prohibit any person or organisation not specified in clause 3 from accepting any foreign contribution; (5) require any person or class of persons not specified in clause 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 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; (c) require any person or class of persons not specified in clause 6 to obtain prior permission of the central government before accepting any foreign hospitality; (d) require any person or class of persons specified in sub-clause (/) of clause 11 to obtajn prior permission of the central government before accepting any foreign contribution; (e) require any person or class of persons, not specified in clause 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 however, no such prohibition or requirement shall be made unless the central government is satisfied that the acceptance of foreign contribution by such person or class of persons or the acceptance of foreign hospitality by such person, is likely to affect prejudicially the sovereignty and integrity of india; or the public interest; or freedom or fairness of election to any legislature; or friendly relations with any foreign state; or harmony between teligious, racial, social, linguistic or regional groups, castes or communities clause 10— this clause confers power upon the central government to prohibit payment of currency received in contravention of the proposed legislation it provides that where the central government is satisfied, after making such enquiry as it may deem fit, that any person has in his custody or control of any article or currency, whether indian or foreign which has been accepted by such person in contravention of any of the provisions of the proposed legislation, it may, by order in writing, prohibit such person from paying, delivering, transferring or otherwise dealing with, in any manner whatsoever, such article or currency 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 shall, so far as may be, apply to, or in relation to, such article or currency and references in the said sub-clauses to moneys, securities or credits shall be construed as references to such article or currency ~ clause 1] - this clause contains provisions relating to registration of 'certain persons with the centrat government this clause provides that no person having a definite cultural, economic, educational, religious or social programmes shall accept foreign contribution unless such person obtains a certificate of registration from the central government however any association registered with the central government under section 6 or granted prior permission under that section of the foreign contribution (regulation) act, 1976, as it stood immediately before the commencement of this act, shall be deemed to have been registered or granted priot 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 however, if a person referred to in this sub-clause is not registered with the central government, such person may accept any foreign contribution only after obtaining the prior permission from the central government and such prior permission shall be valid for the specific purpose for which it is obtained and for specific source from which it is obtained if the person referred to in sub-clause-(/) or sub-clause (2) has been found guilty of violation of any provisions of this act or the foreign contribution (regulation) act, 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 this clause also confers powers upon the central government to specify by 2 notification in the official gazette, a person or class of persons who, the area or areas in which, the purpose or purposes for which, the source or sources from which, the foreign contribution shall be accepted and utilised only after obtaining its prior permission clause 12— this clause contains provisions relating to procedure for grant of certificate of registration it provides that every application, for grant of certificate or giving prior permission, shall be made to the central government in such form and manner and accompanied by such fee as may be specified in rules made by the central government the central government shall, if the application is not in the prescribed form or does not contain any of the particulars specified in that form, reject the application if on receipt of an application for registration and after making such inquiry as the centra! government deems fit, it is satisfied that the applicant fulfils the requirements mentioned in items (a) to (g) of sub-clause (3) of this clause, it may register such person and grant him a certificate of registration or give prior permission subject to such terms and conditions as it may deem fit the conditions in said clauses (a) to (g) of said sub-clause (3), inter alia, provides that the acceptance of foreign contribution by the person is not likely to affect prejudicially (i) the sovereignty and integrity of india; or (i/) the security, strategy, scientific or economic interest of the state; or (ii/) the public interest; or (iv) freedom or fairness of election to any legislature; or (v) friendly relation with any foreign state; or (vi) harmony between religious, racial, sogial, linguistic, regional groups, castes or communities and the acceptance of foreign contribution, shall not fead to incitement of an offence; or shall not endanger the life or physical safety of any person this clause also provides that where the central government refuses registration or does not give prior permission, it shall record the reasons for such refusal or for not giving of prior permission and furnish a copy thereof to the applicant however, the centrai government may not communicate the reasons for refusal or giving of prior permission to the applicant under this clause in cases where there isno obligation to give any information or papers under the right to information act, 2005 the'certificate of registration 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 clause 13—- this clause contains provisions relating to suspension of certificate of registration the clause confers power upon the central government to suspend the certificate of registration up to one hundred and eighty days, as may be specified in the order every person whose certificate has been suspended shall not receive any foreign contribution during the period of the suspension of the certificate-and shall utilise the foreign contribution in his custody with the prior approval of the central government however, the central government, on an application made by such person, may allow receipt of any foreign contributici on such terms and conditions as it may specify clause ]4— this clause contains provisions relating to cancellation of certificate of registration the central government, may, if it is satisfied, after making such inquiry as it may deem fit, by order, cancel the certificate if the holder of the certificate has made a statement in the application for the grant of certificate or renewal thereof, whichis incorrect or false; or violated any of the terms and conditions of the certificate or renewal thereof, or violated any of the provisions of proposed legislation or cules or order made thereunder no order of cancellation of certificate shall be made unless the person concerned has been given a reasonable opportunity of being heard any person whose certificate has been cancelled 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, clause 15— this clause contains provisions relating to management of foreign contribution of every person whose certificate has been cancelled it provides that the foreign contribution and assets created out of the foreign contribution in the custody of every person whose certificate has been cancelled shall vest in such authority as may be specified by rules made by the central government the authority may, if it considers necessary and in public interest, manage the activities of the person and such authority may utilise the foreign contribution or dispose of the assets created of it in case adequate funds are not available for running such activity the authority referred to in sub-clause (2) of this clause shall return the foreign contribution and the assets vested upon it under that sub-clause to the person referred to in the said sub-clause if such person is subsequently registered under this act clause: 16— this clause contains provisions relating to renewal of certificate it provides that every person who has been granted a certificate of registration shall renew his certificate within six months before the expiry of the period of the certificate the application for renewal of certificate shall be made to the central government in such form and manner and accompanied by such fee as may be prescribed the central government may renew the certificate of registration subject to such terms and conditions as it may deem fit and grant a certificate of renewal for a period of five years the central government may refuse to renew the certificate in case where a person has violated any of the provisions of proposed legislation or the rules made thereunder clause 17—- this clause contains provisions relating to foreign contribution through scheduled bank it provides that every person who has been granted a certificate or given prior permission under clause 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, however, such person may open one or more accounts in one or more banks for utilising the foreign contribution received by him no funds other than foreign contribution shall be received or deposited in such account or accounts this clause also provides that every bank or authorised person in foreign exchange shail report to such authority as may be specified, (a) the amount of foreign remittance; (b) the source and manner in which the foreign contribution was received; and (c) other particulars, in such form and manner as may be specified by rules made by the central government clause 18 -~ this clause contains provisions relating to giving of intimation to the centra! government, and such other authority as may be specified by the central government every person who has been granted a certificate of registration or given prior approval under the proposed legislation shall give an intimation, within such time and in such manner as may be prescribed, to the central! government, and such other authority as may be specified by the central government giving details of the amount of each 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 it further provides that every person receiving contribution shall submit a copy of a statement duly certified by officer of the bank or authorised person in foreign exchange to the central government along with the intimation under section 18 clause 19— this clause contains provisions relating to maintenance of accounts by every person who has been granted a certificate of registration or given prior permission under the proposed iegistation every such person shall maintain, in such form and manner as may be prescribed, an account of any foreign contribution received by him and a record as to the manner in which such contribution has been utilised by him clause 20-- this clause contains provisions relating to audit of accounts it provides that where any person who has been granted a certificate of registration or given prior permission fails to furnish any intimation under the proposed legislation 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 proposed legislation has been, or is being, contravened, thé 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 of 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 any information obtained from such audit shall be kept confidential and shall not be disclosed except for the purposes of the proposed legislation ' clause 21-- this clause contains provisions relating to intimation by candidate for election this clause requires 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, to give, within such time and in such manner as may be prescribed, an intimation to the central government or the prescribed authority or both as to the ariount of foreign contributiom 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 clause 22 this clause contains provisions relating to disposal of assets treated out of foreign contribution this clause provides that where any person who was permitted to accept foreign contribution, ceases to exist or has become defunct, all the assets of such person shall be disposed off in accordance with the provisions contained in any law for the time being in force and in the absence of any such law, the central government may, having regardto the nature of assets created out of foreign contribution received under the proposed legislation, by notification, specify that all such assets shalt be disposed off by such authority, as it may specify, in such manner and procedure as may be prescribed clause 23—- this clause contains provisions relating to inspection of accounts or records it provides that if the certral government suspect on the ground that any provision of the proposed legislation has been or is being, contravened by (a) any political party; or (6) any person, or (c) any organisation, or (d) any association, it may authorise such gazetted officer holding a group a post under the central government or such other officer or authority or organisation as it may think fit to inspect any account or record maintained by such political party, person, organisations or association, as the case may be, and thereupon every such authorised officer shall have the right to enter in or upon any premises for the purpose of inspecting the said account or record clause 24— this clause contains provisions relating to seizure of accounts or records it provides that if, after inspection of an account or record, the authorised officer has any reasonable cause to believe that any provision of proposed legislation 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 however, the authorised officer shall return such account or record to the person from whom it was seized ifno proceeding is brought within six months from the date of such seizure for the contravention disclosed by such account or record clause 25-—this clause contains provisions relating to seizure of article or currency or security received in contravention of the proposed legislation it provides that if any gazetted officer, authorised in this behalf by the central government, has any reason to believe that any person has in his possession or control any article exceeding the value specified, or currency or security whether indian or foreign, in relation to which any provision of the proposed legislation has been or is being, contravened, he may seize such article or currency or security clause 26— this clause contains provisions relating to disposal of seized article or currency or security it provides that the central government may, having regard to the value of article or currency or security, their vulnerability to the theft or any other 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 central government may, from time to time, determine after following the procedure specified in the said clause clause 27—this clause provides that the provisions of the code of criminal procedure, 1973 shall apply in so far as they are not inconsistent with the provisions of this act to all seizures made under the proposed legislation clause 28— this clause contains provisions relating to confiscation of article or currency or security obtained in contravention of the proposed legislation any article or currency or security which is seized under clause 25 shall be liable to confiscation if such article or currency or security has been adjudged under clause 29 to have been received or obtained in contravention of the proposed legislation clause 29— this clause contains provisions relating to adjudication of confiscation any confiscation referred to in clause 28 may be adjudged without limit, by the court of session within the local limits of whose jurisdiction the seizure was made; and 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 clause 30 this clause contains provisions relating to procedure for confiscation this clause provides that 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 clause 31— this clause contains provisions relating to appeal this clause, inter alia, provides that any person aggrieved by any order made under clause 29 may prefer an appeal, where the order has been made by the court of session, to the high court to which such court is subordinate or where the order has been made by any officer specified under sub-clause (b) of clause 29, to the court of session within the local limits of whose jurisdiction such order of adjudication of confiscation was madeclause 32— this clause contains provisions relating to revision of orders by the central government this clause, inter alia, provides that the central government, may, either of its own motion or on an application for revision by the person registered under the proposed legislation, for revision, call for the record of any proceeding 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 proposed legislation, may pass such order thereon as it thinks fit the central government shall not of its own motion revise any order under this clause if the order has been made more than one year previously in the case of an application for revision under this section by the person referred to in sub-clause (/), the application must be made within one year from the date on which the order was communicated to him or the date on which he otherwise came to know of it, whichever is earlier however, the central government may, if it is satisfied that such person was prevented by sufficient cause from making the application within that period, admit an application made after the expiry of that period 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 every application by such person for revision under this clause shall be accompanied by such fee, as may be prescribed clause 33— this clause provides for punishment for making of false statement, declaration or delivering false accounts it provides that any person, subject to the provisions of the proposed legislation, who knowizgly, (a) gives a false intimation under clause 9 or clause 18; or (6) seeks prior permission or registration by means of fraud, false representation or concealment of material fact, shall, on conviction bya court, be liable to imprisonment for a term which may extend to three years or with fine or with both clause 34— this clause provides for penalty for article or currency or security obtained in contravention of clause 10 it provides that if any person, on whom any prohibitory order has been served under clause 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 the court trying such contravention may also impose on the person convicted an additional fine equivatent to the market value of the article or the amount of the currency or security in respect of which the prohibitory order has been contravened by him or such part thereof as the court may deem 'fit clause 35— this clause provides punishment for contravention of any provision of the proposed legislation it provides that whoever accepts, or assists any person, political party or organisation in accepting any foreign contribution or any currency or security from a foreign source in contravention of any provision of the proposed legislation or any rule or order made thereunder, shall be punished with imprisonment for a term which may extend to five years, or with fine, or with both clause 36— this clause confers power upon the court to impose additional fine where article or currency or security is not available for confiscation clause 37—- this clause provides for penalty for offences where no separate punishment has been provided under the proposed legislation clause 38— this clause prohibits acceptance of foreign contribution for a period of three years by any person in case of second or subsequent conviction under the proposed legislation : clause 39— this clause contains provisions relating to offences by companies where an offence under the proposed legislation or any rule or order made thereunder has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly however, such person shall not be liable to any punishment ifhe proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence it further provides that where an offence under the proposed legislation or any rule or order made thereunder has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also-be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly clause 40— this clause contains provisions relating to bar on prosecution of offences under the proposed legislation it provides that no court shall take cognizance of any offence under the proposed legislation, except with the previous sanction of the central government or any officer authorised by that government in this behalf clause 41 ~— this clause contains provisions relating ta certain offences it provides that any offence punishable under the proposed legislation (whether committed by an individual or association or any officer or employee thereof), not being an offence punishable with imprisonment only, may, before the institution of any prosecution, be, notwithstanding anything contained in the code of criminal procedure, 1973, compounded by such officers or authorities and for such amount as the central government may, by notification in the official gazette, specify in this behalf it further provides that no offence shall be compounded if such offence is committed by an individual or association or its officer or other employee within a period of three years from the date on which a similar offence committed by it or him was compounded under this clause it aiso provides that where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded  it also provides that every officer or authority referred to in sub-clause (/) of this clause while dealing with a proposal for the compounding of an offence for a default in compliance with any provision of proposed legislation which requires by an individual or association or its officer or other employee to obtain permission or file or register with, or deliver or send to, the central government or any prescribed authority any return, account or other document, may, direct, by order, if he or it thinks fit to do so, any individual or association or its officer or other employee to file or register with, such return, account or other document within such time as may be specified in the order clause 42,—- this clause confers power upon the inspecting officer referred to in clause 23 to call for informazion or require any person to produce or deliver eny document as he thinks useful or relevant to the inspection under the proposed legistation it also confers power upon the said officer to examine any person acquainted with the facts and circumstances of the case clause 43— this ciause provides that any offence punishable under the proposed legislation may also be investigated into by such authority as the central government may specify in this behalf and the authority so specified shall have all the powéry whiich an officer-in-chargé of a pciice station has while making an investigation into a cognizable offence clause 44,—this clause requires that the prescribed authority shail furnish to the central government at such time and in such form and manner such returns and statements as may be prescribed clause 45— this clause protects the action taken in good faith by the central government or the prescribed authority or any of its officers it provides that no suit or other legal proceedings shall lie against the central government or the prescribed authority or any of its officers in respect of any loss or damage caused cr likely to be caused by anything which is in good faith done or intended to be done in pursuance of the provisions of proposed legislation or any rulé or order made thereunder clause 46— this clause confers power upon the central government to 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 the proposed legislation clause 47— this clause contains provisions relating to delegation of powers it provides that the central government may, by notification, delegate, subject to such conditions and limitations as may be specified in the notification, such of its powers and functions under the proposed legislation (except the power to make rules) as it may deem hecessary to such authority as may be specified clause 48— this clause confers power upon the central government to make tules for carrying out the provisions of the proposed legislation, and in particular for matters specified in sub-clause (2) of the said clause  clause 49— this clause requires laying of orders made under clause 5 and the rules made under the proposed legislation before each house of parliament clause 50— this clause confers power upon the central government to grant exemption in certain cases it provides that if the central government is of the 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 organisation (not being a political party), or any individual (not being 4 candidate for election) from the operation of all or any of the provisions of the proposed legislation and may, as often as may be necessary, revoke or modify such order clause 51—- this clause provides that the provisions of the proposed legislation shall not apply to any transaction between the government of india and the government of any foreign country or territory clause 52— this clause provides that the provisions of the proposed legislation shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force clause 53— this clause confers power upon the central government to remove difficulties arising in giving effect to the proposed legislation [t provides that if any difficulty arises in giving effect to the provisions of the proposed legislation, the central government may,-by order, published in the official gazette, make such provisions not inconsistent with the provisions of the proposed legislation as may appear to be necessary for removing the difficulty however, no order shall be made under this clause after the expiry of two years from the commencement of the proposed legislatiun every order made shall be laid, as soon as may be after it is made, before each house of parliament clause 54—- this clause proposes to repeal'the foreign contribution (regulation) act, 1976 and save certain matters specified in sub-clause (2) of the said clausesub-clause (/) of clause 5 of the bill confers power upon the central government to issue orders to specify the organisation referred to in the clause as an organisation of a political nature not being a political party-referred to in clause 3(/) 2 clause 48 of the bill confers power upon the central government to make rules for carrying out the provisions of the proposed jegistation the matters in respect of which rules may be made relate, inter alia, to, the vaiue of the article and the authority which may be specified under clause 2(/); acceptance or retention of gift or presentation under clause 4; ground or grounds on which an organisation may be specified as an organisation of political nature under clause 5(2); the manner in which the administrative expenses shall be calculated under clause 8(2); the time within which and 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 clause 9; the time within which and manner in which any person or class of persons may be required to furnish intimation regarding foreign hospitality under clause 9; the manner in which the copy of the order of the central government shall be served upon any person under clause 10; the form and manner in which the application for grant of certificate of registration ar giving of prior permission and fee therefor under clause 12(j); the terms and conditions for granting a certificate or giving prior permission under clause 12(3); the manner of utilising the foreign contribution under clause 13(2); the authority with whom the foreign contribution to be vested under clause 15(/); the period within which and the manner in which the foreign contribution shail be mariaged under clause 15(2); the form and manner in which the application for renewal of certificate of registration shall be made and the fees therefor under clause] 6(2); the form and manner in which the foreign remittance received in any of the accounts of the bank or authorised person in foreign exchange which shall be reported under clause 17(2); the time within which and the manner in which the person who has been granted certificate of registration or given prior permission shall give intimation under clause 18; the form and manner in which account of any foreign contribution and the manner in which such contribution has been utilised shall be maintained under clause 19; the time within which and manner in which a candidate for election shall give intimation under clause 21; the manner and procedure to be followed in disposing of the assets under clause 22; the limits subject to which any confiscation may be adjudged under clause 29(1); the fee to be accompanied along with every application for revision under clause 32(5); the form and manner for making of an application for compounding of an offence and the fees therefor under clause 41(4); the form and manner in which and the time within which returns and statements to be furnished by the prescribed authority under clause 44; any other matter which is required to be, or may be, prescribed 3 the matters in respect of which orders may be issued and the rules may be made by the central government are generally matters of procedure and administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, ofa norma! character 