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Start Free TrialThe 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
.....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.....
List Judgments citing this sectionForeign Exchange Regulation Act, 1973 [Repealed] Repealing Act 1
Title: Foreign Exchange Management Act, 1999
State: Central
Year: 1973
.....of section 10 to deal in foreign exchange or foreign securities; (d) "Bench" means a Bench of the Appellate Tribunal; (e) "capital account transaction" means a transaction which alters the assets or liabilities, including contingent liabilities, outside India of persons resident in India or assets or liabilities in India of persons resident outside India, and includes transactions referred to in sub-section (3) of section 6; (f) "Chairperson" means the Chairperson of the Appellate Tribunal; (g) "chartered accountant" shall have the meaning assigned to it in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949); (h) "currency" includes all currency notes, postal notes, postal orders, money orders, cheques, drafts, travellers cheques, letter of credit, bills of exchange and promissory notes, credit cards or such other similar instruments, as may be notified by the Reserve Bank; (i) "currency notes" means and includes cash in the form of coins and bank notes; (j) "current account transaction" means a transaction other than a capital account transaction and without prejudice to the generality of the foregoing such transaction.....
View Complete Act List Judgments citing this sectionForeign 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.....
View Complete Act List Judgments citing this sectionForeign 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).....
View Complete Act List Judgments citing this sectionThe 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
.....the same meaning as assigned to it in clause (i) of section 4 of the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005.'. 3. Amendment of title of Chapter II. - In the principal Act, in sub-heading below "Chapter II", for the words "EXPORT AND IMPORT POLICY", the words "FOREIGN TRADE POLICY" shall be substituted. 4. Amendment of section 3. - In section 3 of the principal Act,-(a) in sub-section (2),-(i) for the words "import or export of goods", the words "import or export of goods or services or technology" shall be substituted;(ii) after sub-section (2), the following proviso shall be inserted, namely:-"Provided that the provisions of this sub-section shall be applicable, in case of import or export of services or technology, only when the service or technology provider is availing benefits under the foreign trade policy or is dealing with specified services or specified technologies.".(b) after sub-section (3), the following sub-section shall be inserted, namely:-"(4) without prejudice to anything contained in any other law, rule, regulation, notification or order, no permit or licence shall be necessary for import or export.....
List Judgments citing this sectionForeign 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.
View Complete Act List Judgments citing this sectionForeign 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.
View Complete Act List Judgments citing this sectionForeign 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,.....
View Complete Act List Judgments citing this sectionRemittances 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.....
View Complete Act List Judgments citing this sectionRemittances 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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