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Act42
Enacted 2010

The Foreign Contribution (Regulation) Act, 2010

In force 56 sections Home Affairs

An Act to consolidate the law to regulate the acceptance and utilisation of foreign contribution or foreign hospitality by certain individuals or associations or companies and to prohibit acceptance and utilisation of foreign contribution or foreign hospitality for any activities detrimental to the national interest and for matters connected therewith or incidental thereto.

Act 42 of 2010 Enacted 26 Sep 2010 In force 01 May 2011 Department Department of Internal Security

Administered by. Ministry of Home Affairs, Department of Internal Security · Other Acts of 2010

Preamble

THE FOREIGN CONTRIBUTION (REGULATION) ACT, 2010

ACT NO. 42 OF 2010

[26th September, 2010.] An Act to consolidate the law to regulate the acceptance and utilisation of foreign contribution or foreign hospitality by certain individuals or associations or companies and to prohibit acceptance and utilisation of foreign contribution or foreign hospitality for any activities detrimental to the national interest and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:--

What this Act covers

Summary of the Foreign Contribution (Regulation) Act, 2010

Key Provisions

1. Definitions

• Foreign Contribution: Donations, currency, securities, or hospitality from foreign sources.

• Foreign Hospitality: Non-casual offers of travel, boarding, etc., from foreign sources.

• Foreign Source: Includes foreign governments, international agencies, foreign companies, etc.

2. Regulation of Foreign Contribution & Hospitality

• Prohibitions and Restrictions:

• Organisations of Political Nature: Designation process outlined, emphasizing transparency and due process.

• Restrictions on Foreign Hospitality: Prohibits acceptance without prior Central Government permission, with exceptions for emergency medical aid.

• Prohibition on Transfer of Foreign Contributions: Strict ban on transferring received foreign contributions to other persons.

• Limitations on Administrative Expenses : Caps administrative expenses to 20% of foreign contributions, with possibilities for approval of excess.

3. Registration, Prior Permission, and Reporting

• Registration Requirement: Mandatory for consistent foreign contribution recipients, with a streamlined 5-year renewal process.

• Prior Permission: Required for non-registered entities, with a clarified application process for specific purposes or sources.

• FCRA Account and Reporting: Mandatory account with specified banking channels; tightened reporting timelines, especially for election candidates (within 180 days before nomination).

4. Power of Central Government

• Specification of Organisations of Political Nature: Detailed process for designation, including notice, representation, and decision timelines (up to 180 days).

• Prohibition and Regulation Powers: Authority to prohibit foreign contributions or hospitality based on national interest, public interest, electoral fairness, foreign relations, or social harmony.

• Exemption Power: Central Government can exempt entities in the public interest.

5. Compliance and Penalties

• Enhanced Audit Powers: With confidentiality for information obtained.

• Penalties for Non-Compliance: Includes suspension, cancellation of registration, and legal action for violations.

Sections

Type to filter. 56 sections.

  1. 1Short title, extent, application and commencement
  2. 2Definitions
  3. 3Prohibition to accept foreign contribution
  4. 4Persons to whom section 3 shall not apply
  5. 5Procedure to notify an organisation of a political nature
  6. 6Restriction on acceptance of foreign hospitality
  7. 7Prohibition to transfer foreign contribution to other person
  8. 8Restriction to utilise foreign contribution for administrative purpose
  9. 9Power of Central Government to prohibit receipt of foreign contribution, etc., in certain cases
  10. 10Power to prohibit payment of currency received in contravention of the Act
  11. 11Registration of certain persons with Central Government
  12. 12Grant of certificate of registration
  13. 12APower of Central Government to require Aadhaar number, etc., as identification document
  14. 13Suspension of certificate
  15. 14Cancellation of certificate
  16. 14ASurrender of certificate
  17. 15Management of foreign contribution of person whose certificate has been cancelled or surrendered
  18. 16Renewal of certificate
  19. 17Foreign contribution through scheduled bank
  20. 18Intimation
  21. 19Maintenance of accounts
  22. 20Audit of accounts
  23. 21Intimation by candidate for election
  24. 22Disposal of assets created out of foreign contribution
  25. 23Inspection of accounts or records
  26. 24Seizure of accounts or records
  27. 25Seizure of article or currency or security received in contravention of the Act
  28. 26Disposal of seized article or currency or security
  29. 27Seizure to be made in accordance with Act 2 of 1974
  30. 28Confiscation of article or currency or security obtained in contravention of the Act
  31. 29Adjudication of confiscation
  32. 30Procedure for confiscation
  33. 31Appeal
  34. 32Revision of orders by Central Government
  35. 33Making of false statement, declaration or delivering false accounts
  36. 34Penalty for article or currency or security obtained in contravention of section 10
  37. 35Punishment for contravention of any provision of the Act
  38. 36Power to impose additional fine where article or currency or security is not available for confiscation
  39. 37Penalty for offences where no separate punishment has been provided
  40. 38Prohibition of acceptance of foreign contribution
  41. 39Offences by companies
  42. 40Bar on prosecution of offences under the Act
  43. 41Composition of certain offences
  44. 42Power to call for information or document
  45. 43Investigation into cases under the Act
  46. 44Returns by prescribed authority to Central Government
  47. 45Protection of action taken in good faith
  48. 46Power of Central Government to give directions
  49. 47Delegation of powers
  50. 48Power to make rules
  51. 49Orders and rules to be laid before Parliament
  52. 50Power to exempt in certain cases
  53. 51Act not to apply to certain Government transactions
  54. 52Application of other laws not barred
  55. 53Power to remove difficulties
  56. 54Repeal and saving

Amending Acts

1 Act amending this enactment, passed by Parliament of India. The text above is the consolidated text as published.

  • The Foreign Contribution (Regulation) Amendment Act, 202042 of 2020

Rules made under this Act

20 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

  • Foreign Contribution (Regulation) Amendment Rules 20192019
  • Foreign Contribution (Regulation)(Second Amendment) Rules, 20192019
  • In exercise of the power conferred by sub clause ii of clause j of sub section 1 of section 2 of the Foreign Contribution (Regulation) Act, 20102019
  • In exercise of the power conferred by sub clause ii of clause j of sub section 1 of section 2 of the Foreign Contribution Regulation) Act, 20102019
  • Comounding of Offence under FCRA, 20102018
  • Compounding of Offence under FCRA, 20102018
  • Management of foreign contribution whose certificate has been cancelled2018
  • Amount of Penalty and Competent Authority for late submission of Annual Returns under FCRA, 20102016
  • In excersice of the powers conferred by section 50 of the Foreign Contribution (Regulation) Act, 20102016
  • Foreign Contribution (Regulation) Amendment Rules 20152015
  • IUCN not treated as foreign source2014
  • Foreign Contribution (Regulation) Amendment Rules 20122012
  • Foreign Contribution(Acceptance or Retention of Gifts or Presentation) Rules 20122012
  • Compounding of offence of receipt of foreign contribution without permission or registration under FCRA, 20102011
  • Date of effect of FCRA, 2010 and FCRR, 20112011
  • Exemption of Statutory Bodies from operation of FCRA, 20102011
  • Foreign Contribution (Regulation) Rules 20112011
  • Global Development Network not treated as foreign source2011
  • Guidelines for acceptance of foreign hospitality under FCRA, 20102011
  • Sanctioning Authority and Investigating Authority under FCRA,20102011

Related Acts

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 56 sections of this Act has its own page. This page is not a substitute for legal advice.