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The Foreign Contribution (Regulation) Act, 2010 No. 42 of 2010[26th September, 2010.] Complete Act

Title: The Foreign Contribution (Regulation) Act, 2010 No. 42 of 2010[26th September, 2010.]

State: Central

Year: 2010

.....(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. -.....

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Foreign Exchange Regulation Act, 1973 [Repealed] Repealing Act 1

Title: Foreign Exchange Management Act, 1999

State: Central

Year: 1973

.....notification, direction or order made thereunder, and where (he said person refuses to comply with any such requirement or makes only unsatisfactory compliance therewith the authorised person shall refuse in writing to undertake the transaction and shall, if he has reason to believe that any such contravention or evasion as aforesaid is contemplated by the person, report the matter to the Reserve Bank. (6) Any person, other than an authorised person, who has acquired or purchased foreign exchange for any purpose mentioned in the declaration made by him to authorised person under sub-section (5) does not use it for such purpose or does not surrender it to authorised person within the specified period or uses the foreign exchange so acquired or purchased for any other purpose for which purchase or acquisition of foreign exchange is not permissible under the provisions of the Act or the rules or regulations or direction or order made thereunder shall be deemd to have committed contravention of the provisions of the Act for the purpose of this section. 11. Reserve Bank's powers to issue directions to authorised person (1) The Reserve, Bank may, for the purpose of.....

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Foreign Contribution (Regulation) Act, 1976 Chapter 2

Title: Regulation of Foreign Contribution and Foreign Hospitality

State: Central

Year: 1976

.....or both. (3 ) No person receiving any currency, whether Indian or foreign, from a foreign source on behalf of any association, referred to in sub-section (1) of section 6 , shall deliver such currency-- (i) to any association or organisation other than the association for which it was received, or (ii) 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 an association other than the association for which such currency was received. ____________________ 1. Substituted by Act 1 of 1985, sec. 3, for "Government servant" w.r.e.f. 20-10-1984. Section 5 - Organisation of a political nature not to accept foreign contribution except with the prior permission of the Central Government (1) No organisation of a political nature, not being a political party, shall, accept any foreign contribution except with the prior permission of the Central Government. Explanation.-For the purposes of this section, "organisation of a political nature, not being a political party" means such organisation as the Central Government may, having regard to the activities of the organisation or the ideology.....

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Foreign Exchange Management Act, 1999 Chapter 2

Title: Regulation and Management of Foreign Exchange

State: Central

Year: 1999

.....Central Government may, in public interest and in consultation with the Reserve Bank, impose such reasonable restrictions for current account transactions as may be prescribed. Section 6 - Capital account transactions (1) Subject to the provisions of sub-section (2),any person may sell or draw foreign exchange to or from an authorised person for acapital account transaction. (2) The Reserve Bank may, in consultation with the Central Government, specify - (a) any class or classes of capital account transactions which are permissible; (b) the limit up to which foreign exchange shall be admissible for such transactions: Provided that the Reserve Bank shall not impose any restriction on the drawal of foreign exchange for payments due on account of amortization of loans or for depreciation of direct investments in the ordinary course of business. (3) Without prejudice to the generality of the provisions of sub-section (2), the Reserve Bank may, by regulations prohibit, restrict or regulate the following: - (a) transfer or issue of any foreign security by a person resident in India; (b) transfer or issue of any security by a person resident outside India; (c).....

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The Foreign Trade (Development and Regulation) Amendment Act, 2010 No. 25 of 2010[19th August, 2010.] Complete Act

Title: The Foreign Trade (Development and Regulation) Amendment Act, 2010 No. 25 of 2010[19th August, 2010.]

State: Central

Year: 2010

.....any person for the purposes of exercising such powers with respect to,-(a) entering such premises where the goods are kept, stored or processed, manufactured, traded or supplied or received for the purposes of import or export and searching, inspecting and seizing of such goods, documents, things and conveyances connected with such import and export of goods;(b) entering such premises from which the services or technology are being provided, supplied, received, consumed or utilised and searching, inspecting and seizing of such goods, documents, things and conveyances connected with such import and export of services and technology, subject to such requirements and conditions and with the approval of such officer, as may be prescribed:Provided that the provisions of clause (b) shall be applicable, in case of import of export of services or technology, only when the service or technology provider is availing benefit under the foreign trade policy or is dealing with specified services or specified technologies. 12. Subsitution of new section for section 11. - For section 11 of the principal Act, the following section shall be substituted, namely:-11. Contravention of provisions of.....

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Foreign Exchange Regulation Act, 1973 Section 8

Title: Restrictions on Dealing in Foreign Exchange

State: Central

Year: 1973

.....time or sends or brings any goods of a kind, quality or quantity different from that specified by him at the time of acquisition of the foreign exchange, such person shall unless the contrary is proved, be presumed not to have been able to use the foreign exchange for the purpose for which he acquired it or, as the case may be, to have used the foreign exchange so acquired otherwise than for the purposes for which it was acquired. (5) Nothing in this section shall be deemed to prevent a person from buying from any post office in accordance with any law or rules made thereunder for the time being in force, any foreign exchange in the form of postal orders or money orders.

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Foreign Exchange Regulation Act, 1973 [Repealed] Section 8

Title: Restrictions on Dealing in Foreign Exchange

State: Central

Year: 1973

.....time or sends or brings any goods of a kind, quality or quantity different from that specified by him at the time of acquisition of the foreign exchange, such person shall unless the contrary is proved, be presumed not to have been able to use the foreign exchange for the purpose for which he acquired it or, as the case may be, to have used the foreign exchange so acquired otherwise than for the purposes for which it was acquired. (5) Nothing in this section shall be deemed to prevent a person from buying from any post office in accordance with any law or rules made thereunder for the time being in force, any foreign exchange in the form of postal orders or money orders.

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Foreign Contribution (Regulation) Act, 1976 Section 6

Title: Certain Associations and Persons Receiving Foreign Contribution to Give Intimation to the Central Government

State: Central

Year: 1976

.....programme shall accept foreign contribution unless such association,-- (a) registers itself with the Central Government in accordance with the rules made under this Act; and (b) agrees to receive such foreign contributions only through such one of the branches of a bank as it may specify in its application for such registration, and every association so registered shall give, within such time and in such manner as may be prescribed, an intimation to 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 it: Provided that where such association obtains any foreign contribution through any branch other than the branch of the bank through which it has agreed to receive foreign contribution or fails to give such intimation within the prescribed time or in the prescribed manner, or gives any intimation which is false, the Central Government may, by notification in the Official Gazette, direct that such association shall not, after the date of issue of such notification,.....

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Remittances of Foreign Exchange and Investment in Foreign Exchange Bonds (Immunities and Exemptions) Act, 1991 Chapter III

Title: Investment in Foreign Exchange Bonds

State: Central

Year: 1991

.....commenced against any of the persons referred to in clause (a) under any of the said Acts on the ground that such person owns such Bonds; (c) the fact that any of the persons referred to in clause (a) owns such Bonds shall not be taken into account and shall be inadmissible as evidence in any proceedings relating to any offence or the imposition of any penalty under any of the said Acts. (2) Nothing in sub-section (1) shall apply to foreign exchange which is required to be brought into India under any of the provisions of-- (i) the Foreign Exchange Regulation Act, 1973 (46 of 1973); or (ii) the Income-tax Act, 1961 (43 of 1961), read with the Foreign Exchange Regulation Act, 1973 (46 of 1973), if the period within which such foreign exchange is to be brought into India has not expired or where such period has been extended, in any manner, by the Central Government or the Reserve Bank of India or any other authority, such extended period has not expired on the date of commencement of this Act. Section 7 - Foreign Exchange Bonds not to be taken into account In certain cases Without prejudice to the generality of the provisions of section 6,-- (a) the provisions of.....

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Remittances of Foreign Exchange and Investment in Foreign Exchange Bonds (Immunities and Exemptions) Act, 1991 Chapter II

Title: Remittances of Foreign Exchange

State: Central

Year: 1991

.....inquiry or investigation shall be commenced against the recipient under any such law on the ground that he has received such remittance; (c) the fact that the recipient has received a remittance shall not be taken into account and shall be inadmissible as evidence in any proceedings relating to any offence or the imposition of any penalty under any such law. (2) Nothing in sub-section (1) shall apply-- (a) to any foreign exchange which is required to be brought into India under any of the provisions of-- (i) the Foreign Exchange Regulation Act, 1973 (46 of 1973); or (ii) the Income-tax Act, 1961 (43 of 1961), read with the Foreign Exchange Regulation Act, 1973 (46 of 1973), if the period within which such foreign exchange is to be brought into India has not expired or where such period has been extended, in any manner, by the Central Government or the Reserve Bank of India or any other authority, such extended period has not expired on the date of commencement of this Act; (b) in relation to prosecution for any offence punishable under Chapter DC or Chapter XVII of the Indian Penal Code (45 of 1860), the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of.....

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