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FOREIGN CONTRIBUTION (REGULATION) ACT 2010

THE FOREIGN CONTRIBUTION (REGULATION) ACT, 2010
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:--
CHAPTER I
PRELIMINARY
1. Short title, extent, application and commencement. - (1) This Act may be called the
Foreign Contribution (Regulation) Act, 2010.
(2) It extends to the whole of India, and it shall also apply to--
(a) citizens of India outside India; and
(b) associate branches
or subsidiaries, outside India, of companies or bodies
corporate, registered or incorporated in India.
(3) It shall come into force
on such date as the Central Government may, by notification
in the Official Gazette, appoint:
Provided that different dates may be
appointed for different provisions of this Act and
any reference in any such provision to the commencement of this Act shall be construed
as a reference to the coming into force of that provision.
2. Definitions. - (1) In this Act, unless the context otherwise requires,--
(a) "association" means an association of individuals, whether incorporated or
not, having an office in India and includes a society,
whether registered under the
Societies Registration Act, 1860, or not, and any other organisation, by whatever
name called;
(b) "authorised person in foreign exchange" means an authorised person
referred to in clause (c) of section 2 of the Foreign Exchange Management Act,
1999;
(c) "bank" means a banking company as referred to in clause (c) of section 5 of
the Banking Regulation Act, 1949;
(d) "candidate
for election" means a person who has been duly nominated as a
candidate for election to any Legislature;
(e) "certificate" means
certificate of registration granted under sub-section (3)
of section 12;
(f) "company" shall have the meaning assigned to it under
clause (17) of
section 2 of the Income-tax Act, 1961;
(g) "foreign company" means any company or association or body of
individuals
incorporated outside India and includes--
(i) a foreign company within the meaning of section 591 of the Companies
Act, 1956;
(ii) a company which is a subsidiary of a foreign company;
(iii) the registered office or principal place of business of a foreign
company referred to in sub-clause (i) or company referred to in sub-clause (ii);
(iv) a multi-national corporation.
Explanation.--
For the purposes of this sub-clause, a corporation incorporated
in a foreign country or territory shall be deemed to be a multi-national
corporation if
such corporation,--
(a) has a subsidiary or a branch or a place of business in two or more
countries or territories;
or
(b) carries on business, or otherwise operates, in two or more countries or
territories;
(h) "foreign contribution" means the
donation, delivery or transfer made by any
foreign source,--
(i) of any article, not being an article given to a person as a gift
for his
personal use, if the market value, in India, of such article, on the date of such
gift, is not more than such sum as may
be specified from time to time, by the
Central Government by the rules made by it in this behalf;
(ii) of any currency, whether Indian
or foreign;
(iii) of any security as defined in clause (h) of section 2 of the Securities
Contracts (Regulation) Act, 1956 and includes any foreign security as defined
in clause (o) of section 2 of` the Foreign Exchange Management Act, 1999.
Explanation 1.-- A donation, delivery or transfer of any article, currency or
foreign security referred to in this clause by any
person who has received it from any
foreign source, either directly or through one or more persons, shall also be deemed
to be foreign
contribution within the meaning of this clause.
Explanation 2.-- The interest accrued on the foreign contribution deposited in
any
bank referred to in sub-section (1) of section 17 or any other income derived
from the foreign contribution or interest thereon shall
also be deemed to be foreign
contribution within the meaning of this clause.
Explanation 3.-- Any amount received, by any person
from any foreign source
in India, by way of fee (including fees charged by an educational institution in India
from foreign student)
or towards cost in lieu of goods or services rendered by such
person in the ordinary course of his business, trade or commerce whether
within
India or outside India or any contribution received from an agent of a foreign source
towards such fee or cost shall be excluded
from the definition of foreign
contribution within the meaning of this clause;
(i) "foreign hospitality" means any offer, not being
a purely casual one, made
in cash or kind by a foreign source for providing a person with the costs of travel to
any foreign country
or territory or with free boarding, lodging, transport or medical
treatment;
(j) "foreign source" includes,--
(i) the Government
of any foreign country or territory and any agency of
such Government;
(ii) any international agency, not being the United Nations
or any of its
specialised agencies, the World Bank, International Monetary Fund or such
other agency as the Central Government may,
by notification, specify in this
behalf;
(iii) a foreign company;
(iv) a corporation, not being a foreign company, incorporated in
a foreign
country or territory;
(v) a multi-national corporation referred to in sub-clause (iv) of clause (g);
(vi) a company within
the meaning of the Companies Act, 1956, and more
than one-half of the nominal value of its share capital is held, either singly or in
the aggregate, by one or more of the
following, namely:--
(A) the Government of a foreign country or territory;
(B) the citizens of a foreign country or territory;
(C)
corporations incorporated in a foreign country or territory;
(D) trusts, societies or other associations of individuals (whether
incorporated or not), formed or registered in a foreign country or territory;
(E) foreign company;
(vii) a trade union in any foreign
country or territory, whether or not
registered in such foreign country or territory;
(viii) a foreign trust or a foreign foundation,
by whatever name called, or
such trust or foundation mainly financed by a foreign country or territory;
(ix) a society, club or other
association of individuals formed or registered
outside India;
(x) a citizen of a foreign country;
(k) "Legislature" means --
(A)
either House of Parliament;
(B) 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;
(D) Legislative Assembly for the National Capital Territory of Delhi
referred to in the Government of National Capital Territory of Delhi Act, 1991;
(E) Municipality as defined in clause (e) of article 243P of the
Constitution;
(F) District Councils and Regional Councils in the
States of Assam,
Meghalaya, Tripura and Mizoram as provided in the Sixth Schedule to the
Constitution;
(G) Panchayat as defined in
clause (d) of article 243 of the Constitution;
or
(H) any other elective body as may be notified by the Central
Government;
(l) "notification"
means notification published in the Official Gazette and the
expression "notify" shall be construed accordingly;
(m) "person" includes--
(i) an individual;
(ii) a Hindu undivided family;
(iii) an association;
(iv) a company registered under section 25 of the Companies Act, 1956;
(n) "political party" means--
(i) an association or body of individual citizens of India--
(A) to be registered with the Election
Commission of India as a
political party under section 29A of the Representation of the People
Act, 1951; or
(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;
(ii) a political party mentioned in column 2 of Table 1 and Table 2 to the
notification of the Election
Commission of India No.56/J&K/02, dated the
8th August, 2002, as in force for the time being;
(o) "prescribed" means prescribed by
rules made under this Act;
(p) "prescribed authority" means an authority specified as such by rules made
by the Central Government
under this Act;
(q) "registered newspaper" means a newspaper registered under the Press and
Registration of Books Act, 1867;
(r)
"relative" has the meaning assigned to it in clause (41) of section 2 of the
Companies Act, 1956;
(s) "scheduled bank" shall have the meaning assigned to it under clause (e) of
section 2 of the Reserve Bank of India Act, 1934;
(t) "subsidiary" and "associate" shall have the meanings, respectively assigned
to them in the Companies Act, 1956;
(u) "trade union" means a trade union registered under the Trade Unions
Act, 1926;
(2) Words and expressions used herein and not defined in this Act but defined in the
Representation of the People Act, 1950 or the
Representation of the People Act, 1951 or
the Foreign Exchange Management Act, 1999 shall have the meanings respectively
assigned to them in those Acts.
CHAPTER II
REGULATION OF FOREIGN CONTRIBUTION AND FOREIGN HOSPITALITY
3. Prohibition to accept foreign contribution. - (1) No foreign contribution shall be
accepted by any--
(a) candidate for election;
(b) correspondent, columnist, cartoonist, editor, owner, printer or publisher of a
registered newspaper;
(c) Judge, Government servant
or employee of any corporation or any other
body controlled or owned by the Government;
(d) member of any Legislature;
(e) political
party or office-bearer thereof;
(f) organisation of a political nature as may be specified under sub-section (1)
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 (1) of
section
2 of the Information Technology Act, 2000 or any other mode of mass
communication;
(h) 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
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
(1), or both.
(b) No person, resident in India, shall deliver any currency, whether Indian or
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 (1), or both.
(c) No citizen of India resident
outside India shall deliver any currency, whether
Indian or foreign, which has been accepted from any foreign source, to--
(i) any
political party or any person referred to in sub-section (1), or
both; or
(ii) 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 party or to
any person referred
to in sub-section (1), 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
(b) to 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 person other than the
person for which such currency was received.
4. Persons to whom
section 3 shall not apply. - Nothing contained in section 3 shall apply
to the acceptance, by any person specified in that section,
of any foreign contribution
where such contribution is accepted by him, subject to the provisions of section 10,--
(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
(b) 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
(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
rules made by the Central Government with regard to the acceptance or retention of
such gift or presentation; or
(e) from
his relative; or
(f) 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; or
(g) by way of any scholarship, stipend or any payment of like nature:
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. Procedure to notify an organisation of
a political nature. - (1) 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, referred to in clause (f) of sub-section (1) of section 3:
Provided that the Central Government may, by rules
made by it, frame the
guidelines specifying the ground or grounds on which an organisation shall be specified
as an organisation
of a political nature.
(2) Before making an order under sub-section (1), 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 as an
organisation of political nature under that sub-section.
(3) The organisation to whom a notice has been served under
sub-section (2), 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 under sub-section (1):
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
(1)
accordingly.
(6) Every order under sub-section (1) shall be made within a period of one hundred
and twenty days from the date
of issue of notice under sub-section (2):
Provided that in case no order is made within the said period of one hundred and
twenty
days, the Central Government shall, after recording the reasons therefor, make an
order under sub-section (1) within a period of
sixty days from the expiry of the said
period of one hundred and twenty days.
6. Restriction on acceptance of foreign hospitality.
- No member of a Legislature or
office-bearer of a 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 the prior permission of
the Central Government, any foreign hospitality:
Provided that 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,
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.
7. Prohibition to transfer foreign contribution to other person. - No
person who --
(a) is registered and granted a certificate or has obtained prior permission under this
Act; and
(b) receives any foreign
contribution,
shall transfer such foreign contribution to any other person unless such other person is
also registered and had been granted the certificate or obtained the prior permission
under this
Act:
Provided that such person may transfer, with the prior approval of the Central
Government, a part of such foreign contribution
to any other person who has not been
granted a certificate or obtained permission under this Act in accordance with the rules
made
by the Central Government.
8. Restriction to utilise foreign contribution for administrative purpose. - (1) 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:
Provided that any foreign contribution or
any income arising out of it shall not
be used for speculative business:
Provided further that the Central Government shall, by rules,
specify the
activities or business which shall be construed as speculative business for the
purpose of this section;
(b) 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:
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 (1) shall be calculated.
9. Power of Central Government
to prohibit receipt of foreign con-tribution, etc., in
certain cases. - The Central Government may--
(a) prohibit any person or organisation
not specified in section 3, from
accepting any foreign contribution;
(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
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 of 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;
(d) without prejudice to the provisions of sub-section (1) 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 class of persons, as the case may be, or the acceptance of foreign
hospitality by such person, is likely to affect
prejudicially --
(i) the sovereignty and integrity of India; or
(ii) public interest; or
(iii) freedom or fairness of election to
any Legislature; or
(iv) friendly relations with any foreign State; or
(v) harmony between religious, racial, social, linguistic
or regional groups,
castes or communities.
10. Power to prohibit payment of currency received in contravention of the Act. - Where
the Central Government is satisfied, after making such inquiry as it may deem fit, that
any person has in his custody or control
any article or currency or security, whether
Indian or foreign, which has been accepted by such person in contravention of any of
the
provisions of this Act, 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 or security 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 or security and references in the said sub-
sections
to moneys, securities or credits shall be construed as references to such article or
currency or security.
CHAPTER III
REGISTRATION
11. Registration of certain persons with Central Government. - (1) 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:
Provided that 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 prior 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.
(2) Every person referred to in sub-section (1) may, if it is not registered with the
Central Government under
that sub-section, accept any foreign contribution only
afterobtaining 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 the specific
source:
Provided that if the person
referred to in sub-sections (1) and (2) has been found
guilty of violation of any of the 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.
(3) Notwithstanding anything contained in this Act, the Central Government may,
by notification
in the Official Gazette, specify--
(i) 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; or
(iii) the purpose or purposes for which the foreign contribution shall be utilised
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. Grant of certificate of registration. - (1) An application by a person, referred to in
section 11
for grant of certificate or giving prior permission, shall be made to the Central
Government in such form and manner and along with
such fee, as may be prescribed.
(2) On receipt of an application under sub-section (1), 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 prior permission
and after making such inquiry as the Central
Government deems fit, it is of the opinion
that the conditions specified in sub-section (4) are satisfied, it may, ordinarily within
ninety days from the date of receipt of application under sub-section (1), 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:
Provided that in case the Central
Government does not grant, within the said period
of ninety days, a certificate or give prior permission, it shall communicate the
reasons
therefor to the applicant:
Provided further that a person shall not be eligible for grant of certificate or giving
prior
permission, if his certificate has been suspended and such suspension of certificate
continues on the date of making application.
(4) The following shall be the conditions for the purposes of sub-section (3),
namely:--
(a) the person making an application for
registration or grant of prior
permission under sub-section (1),--
(i) is not fititious or benami;
(ii) has not been prosecuted or
convicted for indulging in activities aimed
at conversion through inducement or force, either directly or indirectly, from
one religious
faith to another;
(iii) has not been prosecuted or convicted for creating 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 its funds;
(v) is not engaged
or likely to engage in propagation of sedition or
advocate violent methods to achieve its ends;
(vi) is not likely to use the foreign
contribution for personal gains or divert
it for undesirable purposes;
(vii) has not contravened any of the provisions of this Act;
(viii) has not been prohibited from accepting foreign contribution;
(b) the person making an application for registration under sub-section
(1) has
undertaken reasonable activity in its chosen filed for the benefit of the society for
which the foreign contribution is proposed
to be utilised;
(c) the person making an application for giving prior permission under
sub-section (1) has prepared a reasonable
project for the benefit of the society for
which the foreign contribution is proposed to be utilised;
(d) 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 its 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-
section (1) is not likely to affect prejudicially--
(i) the sovereignty
and integrity of India; or
(ii) the security, strategic, scientific or economic interest of the State; or
(iii) 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, 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;
(ii) shall not endanger the life or physical safety of any
person.
(5) Where the Central Government refuses the grant of certificate or does not give
prior permission, it shall record in its
order the reasons therefor 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 prior permission to the applicant under this
section in cases
where is no obligation to give any information or documents or records
or papers under the Right to Informtion Act, 2005.
(6) 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.
13. Suspension of
certificate. - (1) Where the Central Government, for reasons to be
recorded in writing, is satisfied that pending consideration of
the question of cancelling
the certificate on any of the grounds mentioned in sub-section (1) 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.
(2) Every person whose 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
on such terms and conditions as it may specify;
(b) utilise,
in the prescribed manner, the foreign contribution in his custody
with the prior approval of the Central Government .
14. Cancellation
of certificate. - (1) The Central Government may, if it is satisfied after
making such inquiry as it may deem fit, by an order, cancel
the certificate if --
(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
(d) the holder of certificate has violated any of the provisions of this Act or
rules or order
made thereunder; or
(e) if the holder of the certificate has not been engaged in any reasonable
activity in its chosen field for
the benefit of the society for two consecutive years or
has become defunct.
(2) No order of cancellation of certificate under this
section shall be made unless the
person concerned has been given a reasonable opportunity of being heard.
(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. Management of foreign contribution of person whose certificate has been cancelled.
-
(1) 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
in such authority as may be prescribed.
(2) The authority referred to in sub-section
(1) 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
utilise the foreign contribution or dispose
of the assets created out of it in case adequate
funds are not available for running such activity.
(3) The authority referred to
in sub-section (1) shall return 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.
16. Renewal of certificate. - (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
Government in such form
and manner and accompanied by such fee as may be
prescribed.
(3) The Central Government shall renew the certificate, ordinarily within
ninety
days from the date of receipt of application for renewal of 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 in case the Central Government does not renew the certificate within
the
said period of ninety days, it shall communicate the reasons therefor to the applicant:
Provided further 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, ETC.
17. Foreign contribution through scheduled bank. - (1) Every
person who has been
granted a certificate or given prior permission under section 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:
Provided that
such person may open one or more accounts in one or more banks for
utilising the foreign contribution received by him:
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) prescribed amount of foreign remittance;
(b)
the source and manner in which the foreign remittance was received;
and
(c) other particulars,
in such form and manner as may be
prescribed.
18. Intimation. - (1) 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 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.
(2) Every person receiving foreign contribution shall submit a copy of a statement
indicating therein the particulars
of foreign contribution received duly certified by officer
of the bank or authorised person in foreign exchange and furnish the same
to the Central
Government along with the intimation under sub-section (1).
19. Maintenance of accounts. - Every person who has been
granted a certificate or given
prior approval under this Act shall maintain, in such form and manner as may be
prescribed,--
(a)
an account of any foreign contribution received by him; and
(b) a record as to the manner in which such contribution has been utilised
by him.
20. Audit of accounts. - Where any person who has been granted a certificate or given
prior permission, 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 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 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.
21. Intimation by candidate for election. - 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, shall 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 which such
foreign contribution was utilised by him.
22. Disposal of assets created out of foreign contribution. -
Where any person who was
permitted to accept foreign contribution under this Act, ceases to exist or has become
defunct, all the
assets of such person shall be disposed of in accordance 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 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 SEIZURE
23. Inspection of accounts or records. - If the Central Government has, for any reason, to
be recorded in writing, any
ground to suspect that any provision of this Act has been or is
being, contravened by--
(a) any political party; or
(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
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. Seizure of accounts or records.
- If, after inspection of an account or record referred
to in section 23, the inspecting officer has any reasonable cause to believe
that any
provision of this Act 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:
Provided that the authorised officer shall return such account or record to the person from
whom it was seized if no proceeding is
brought within six months from the date of such
seizure for the contravention disclosed by such account or record.
25. Seizure of
article or currency or security received in contravention of the Act. - If
any gazetted officer, authorised in this behalf by the
Central Government by general or
special order, has any reason to believe that any person has in his possession or control
any article
exceeding the value specified in sub-clause (i) of clause (h) of sub-section (1)
of section 2 or currency or security whether Indian
or foreign, in relation to which any
provision of this Act has been or is being, contravened, he may seize such article or
currency
or security.
26. Disposal of seized article or currency or security. - (1) The Central Government,
may, having regard to the value
of article or currency or security, their vulnerability to
theft or any 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 hereinafter specified.
(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 (1), shall prepare
an inventory of such article
or currency or security containing such details relating to their description, value or such
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.
(5) Notwithstanding anything contained
in the Indian Evidence Act, 1872 or the
Code 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 Sessions Judge having jurisdiction for adjudging the
confiscation under section
29.
27. Seizure to be made in accordance with Act 2 of 1974. - 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 this Act.
CHAPTER VI
ADJUDICATION
28. Confiscation of article or currency or security obtained in contravention of the Act. -
Any article or currency or security which
is seized under section 25 shall be liable to
confiscation if such article or currency or security has been adjudged under section
29 to
have been received or obtained in contravention of this Act.
29. Adjudication of confiscation. - (1) Any confiscation referred
to in section 28 may be
adjudged--
(a) without limit, by the Court of Session within the local limits of whose
jurisdiction the seizure
was made; and
(b) 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.
(2) When an adjudication under sub-section
(1) is concluded by the Court of Session
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.
30. Procedure for confiscation. - 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.
CHAPTER VII
APPEAL AND REVISION
31. Appeal. - (1) 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
(b) where the order has been made by any officer specified under clause (b) of
sub-section (1) 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.
(2) Any organisation referred to in clause (f) of sub-section
(1) of section 3, or any
person or association referred to in section 6 or section 9, aggrieved 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 (1) 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 Courtwithin 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
an original decree and the provisions of Order XLI of the First Schedule to the Code of
Civil
Procedure, 1908, shall, as far as may be, apply thereto as they apply to an appeal
from an original decree.
32. Revision of orders by Central Government. - (1) The
Central Government may,
either of its own motion or on an application for revision by the person registered under
this Act, 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.
(3) In the case of an application for revision under this section by the person referred
to in sub-section (1), 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
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 expired or such person has not waived his right of appeal or an appeal has been filed
under
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.
CHAPTER VIII
OFFENCES AND PENALTIES
33. Making of false statement, declaration or delivering
false accounts. - Any person,
subject to this Act, who knowingly, --
(a) gives false intimation under sub-section (c) of section
9 or section 18; or
(b) seeks prior permission or registration by means of fraud, false representation or
concealment of material
fact,
shall, on conviction by a court, be liable to imprisonment for a term which may extend to
six months or with fine or with both.
34. Penalty for article or currency or security obtained in contravention of section 10. - 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, 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
Procedure, 1973, the court trying such contravention may also impose on the
person convicted an additional fine equivalent 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.
35. Punishment for contravention of any provi-sion of the Act. - 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 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.
36. Power to impose addi-tional fine where article or currency
or security is not available
for confiscation. - Notwithstanding anything contained in the Code of Criminal
Procedure, 1973, the
court trying a person, who, in relation to any article or currency or
security, whether Indian or foreign, does or omits to do any
act which act or omission
would render such article or currency or security liable to confiscation under this Act,
may, in the event
of the conviction of such person for the act or omission aforesaid,
impose on such person a fine not exceeding five times the value of the article or currency
or security
or one thousand rupees, whichever is 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.
37. Penalty for offences where
no separate punishment has been provided. - Whoever
fails to comply with any provision of this Act for which no separate penalty
has been
provided in this Act shall be punished with imprisonment for a term which may extend to
one year, or with fine or with both.
38. Prohibition of acceptance of foreign contribution. - Notwithstanding anything
contained in this Act, whoever, having been convicted
of any offence under section 35 or
section 37, in so far as such offence relates to the acceptance or utilisation of foreign
contribution,
is again convicted of such offence shall not accept any foreign contribution
for a period of five years from the date of the subsequent
conviction.
39. Offences by companies. - (1) Where an offence under this Act 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:
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 (1), where an offence under
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 shall be liable
to be proceeded against and punished
accordingly.
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
(b) "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 such
society,
trade union or other association of individuals.
40. Bar on prosecution of offences under the Act. - No court shall take cognizance
of any
offence under this Act, except with the previous sanction of the Central Government or
any officer authorised by that Government
in this behalf.
41. Composition of certain offences. - (1) Notwithstanding anything contained in the
Code of Criminal Procedure,
1973, any offence punishable under this Act (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 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 (1) 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 (1) 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
or authority referred to in sub-section (1)
in such form and manner along with such fee 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 (1), while dealing with a
proposal 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, 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.
CHAPTER IX
MISCELLANEOUS
42. Power to call for information or document. - Any inspecting officer referred to in
section
23 who is authorised in this behalf by the Central 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 contravention of any provision
of this Act, --
(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;
(b) require any person to produce or deliver any document or thing useful or
relevant
to such inspection;
(c) examine any person acquainted with the facts and circumstances of the case
related to the inspection.
43.
Investigation into cases under the Act. - 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
into a cognizable offence.
44. Returns by prescribed authority to Central Government. -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.
45. Protection
of action taken in good faith. - No suit or other legal proceedings shall lie
against the Central Government or the authority referred
to in 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. Power of
Central Government to give directions. - 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.
47. Delegation of powers.
- The Central Government may, by notification, direct that any
of its powers or functions under this Act, except power to make rule
under section 48,
shall, in relation to such matters and subject to such conditions, if any, may be specified
in the notification,
be exercised or discharged also by such authority as may be specified.
48. Power to make rules. - (1) The Central Government may,
by notification, make rules
for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality
of the foregoing power, such
rules may provide for all or any of the following matters, namely:--
(a) the value of the article which
may be specified under sub-clause (i) of clause (h)
of sub-section (1) of section 2;
(b) the authority which may be specified under clause (p) of sub-section
(1) of
section 2;
(c) acceptance or retention of gift or presentation under clause (d) of section 4;
(d) guidelines specifying the
ground or grounds on which an organisation may
be specified as an organisation of political nature under sub-section (1) of section
5;
(e) the activities or business which shall be construed as speculative business
under the proviso to clause (a) of sub-section
(1) of section 8;
(f) the elements and the manner in which the administrative expenses shall be
calculated under sub-section (2)
of section 8;
(g) the time within which and the manner in which any person or class of
persons or an association may be required
to furnish intimation regarding the
amount of foreign contribution received under clause (c) of section 9;
(h) the time within which
and the manner in which any person or class of
persons may be required to furnish intimation regarding foreign hospitality under
clause (e) of section 9;
(i) the manner in which the copy of the order of the Central Government shall
be served upon any person
under section 10;
(j) the form and manner in which the application for grant of certificate of
registration or giving of prior permission
under sub-section (1) of section 12;
(k) the fee to be accompanied by the application under sub-section (1) of
section 12;
(l) the
terms and conditions for granting a certificate or giving prior permission
under clause (g) of sub-section (4) of section 12;
(m)
the manner of utilising the foreign contribution under clause (b) of sub-
section (2) of section 13;
(n) the authority with whom
the foreign contribution to be vested under sub-
section (1) of section 15;
(o) the period within which and the manner in which the
foreign contribution
shall be managed under sub-section (2) of section 15;
(p) 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;
(q) the fee to be accompanied by the application
for renewal of certificate under
sub-section (2) of section 16;
(r) the prescribed amount of foreign remittance, the form and manner
in which
the foreign remittance received by every bank or authorised person in foreign
exchange shall be reported under sub-section
(2) of section 17;
(s) the time within which and the manner in which the person who has been
granted certificate of registration
or given prior permission under this Act shall give
intimation under section 18;
(t) the form and manner in which account of any
foreign contribution and
the manner in which such contribution has been utilised shall be maintained under
section 19;
(u) the time
within which and the manner in which a candidate for election
shall give intimation under section 21;
(v) the manner and procedure
to be followed in disposing of the assets under
section 22;
(w) the limits subject to which any confiscation may be adjudged under
clause
(b) of sub-section (1) of section 29;
(x) the fee to be accompanied along with every application for revision under
sub-section
(5) of section 32;
(y) the form and manner for making of an application for compounding of an
offence and the fee therefor under
sub-section (4) of section 41;
(z) the form and manner in which and the time within which returns and
statements to be furnished
by the prescribed authority under section 44;
(za) any other matter which is required to be, or may be, prescribed.
49. Orders and
rules to be laid before Parliament. - Every order made under section 5 and
every rule made by the Central Government 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 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.
50. Power to exempt in certain cases. - 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.
51. Act not to apply
to certain Government transactions. - Nothing contained in this Act
shall apply to any transaction between the Government of India
and the Government of
any foreign country or territory.
52. Application of other laws not barred. - 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.
53. Power to remove difficulties.
- (1) If any difficulty arises in giving effect to the
provisions of this Act, the Central Government may, by order, published in
the Official
Gazette, make such provisions not inconsistent with the provisions of this Act as may
appear to be necessary for removing
the difficulty:
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.
54. Repeal and saving. - (1) The Foreign Contribution (Regulation) Act, 1976 (hereafter
referred to as 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
this Act, be deemed to have been done or taken under the corresponding provisions
of this Act;
(b) 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
(f) of sub-section (1) of 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 permission is withdrawn
by the Central Government;
(d) 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 (b) of section 10 of the
repealed Act shall,
in so far as it is not inconsistent with the provisions of this Act, be deemed to be the
permission until such
permission is withdrawn by the Central Government;
(f) 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
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 sub-
section shall not be held to prejudice or affect the general application
of section 6 of the
General Clauses Act, 1897, with regard to the effect of repeal.
V.K. BHASIN,
Secy. to the Govt. of India.