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Start Free TrialForeigners Order, 1948 Section 5
Title: Power to Grant Permission to Depart from India
State: Central
Year: 1948
.....in India to answer a criminal charge; (c) the foreigner's departure will prejudice the relations of the Central Government with a foreign power; (d) the departure of the foreigner has been prohibited under an order issued by a competent authority. (3) (a) Notwithstanding anything contained in the above sub--paragraphs, a civil authority may prohibit the departure of a foreigner where it is satisfied that such departure would not be conducive to the public interest; (b) Whenever a civil authority issues an order under clause (a), it shall report the matter forthwith to the Central Government which may cancel or modify the order in such manner as it thinks fit. ________________________ 1. Substituted by S.R.O. 1466, dated 21st June, 1956. 2. Now "The Registration of Foreigners Rules, 1992".
View Complete Act List Judgments citing this sectionForeign Exchange Regulation Act, 1973 [Repealed] Repealing Act 1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 sectionThe 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 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 Complete Act
Title: Foreign Exchange Regulation Act, 1973
State: Central
Year: 1973
.....and other officers to enter, search, etc. Section46 - Procedure in respect of foreign exchange or any other goods seized by police officers Section47 - Contracts in evasion of the Act Section48 - False statements Section49 - Failure to comply with conditions subject to which permissions, or licences have been given or granted under the Act to be contravention of the provisions of the Act Section50 - Penalty Section51 - Power to adjudicate Section52 - Appeal to Appellate Board Section53 - Powers of the adjudicating officer and the Appellate Board to summon witnesses, etc. Section54 - Appeal to High Court Section55 - Continuance of proceeding in the event of death or insolvency Section56 - Offences and prosecutions Section57 - Penalty for contravention of order made by adjudicating officer, Appellate Board and High Court Section58 - Vexatious search, etc., by officers of Enforcement Section59 - Presumption of culpable mental state Section60 - Power to tender immunity from prosecution Section61 - Cognizance of offences Section62 - Certain offences to be non-cognizable Section63 - Confiscation of currency, security, etc. Section64 - Preparation, attempt,.....
List Judgments citing this sectionForeign Exchange Regulation Act, 1973 [Repealed] Complete Act
Title: Foreign Exchange Regulation Act, 1973 [Repealed]
State: Central
Year: 1973
.....- Money-changers Section8 - Restrictions on dealing in foreign exchange Section9 - Restrictions on payments Section10 - Blocked accounts Section11 - [Omitted] Section12 - [Omitted] Section13 - Restrictions on import and export of certain currency and bullion Section14 - Acquisition by Central Government of foreign exchange Section15 - [Omitted] Section16 - Duty of persons entitled to receive foreign exchange, etc. Section17 - [Omitted] Section18 - Payment for exported goods Section18A - Payment for lease, hire or other arrangement Section19 - Regulation of export and transfer of securities Section20 - [Omitted] Section21 - [Omitted] Section22 - Restrictions on issue of bearer securities Section23 - [Omitted] Section24 - Restriction on settlement, etc. Section25 - Restriction on holding of immovable property outside India Section26 - Certain provisions as to guarantee in respect of debt or other obligation Section27 - [Omitted] Section28 - Restrictions on the appointment of certain persons and companies as agents or technical or management advisers in India Section29 - Restrictions on establishment of place of business in India Section30 - Prior.....
List Judgments citing this sectionForeign Contribution (Regulation) Act, 1976 Complete Act
Title: Foreign Contribution (Regulation) Act, 1976
State: Central
Year: 1976
.....to accept foreign contribution or hospitality Chapter 3 Section12 - Power to prohibit payment of currency received in contravention of the Act Section13 - Recipients of foreign contribution to maintain accounts, etc. Section14 - Inspection of accounts or records Section15 - Seizure of accounts or records Section15A - Audit of accounts Section16 - Seizure of article or currency received in contravention of the Act Section17 - Seizure to be made in accordance with the Code of Criminal Procedure, 1973 Section18 - Confiscation of article or currency obtained in contravention of the Act Section19 - Adjudication of confiscation Section20 - Opportunity to be given before adjudication of confiscation Section21 - Appeal Section22 - Penalty for article or currency obtained in contravention of section 12 Section23 - Punishment for the contravention of any provision of the Act Section24 - Power to impose additional fine where article or currency is not available for confiscation Section25 - Penalty for offences where no separate punishment has been provided Section25A - Prohibition of acceptance of foreign contribution Section26 - Offences by companies Section27 -.....
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 sectionForeigners Order, 1948 Section 3
Title: Power to Grant or Refuse Permission to Enter India
State: Central
Year: 1948
.....civil authority may attach such conditions as it thinks fit to the grant of leave to enter and such conditions may be varied in such manner or cancelled as the Central Government deems fit. (4) (a) Notwithstanding anything contained in sub--paragraphs (1) to (3) or in the Indian Passport Act, 1920 (34 of 1920), or in the rules made thereunder, a civil authority may, in the interests of public safety, prohibit the entry of any foreigner into India. (b) Whenever the civil authority issues an order under clause(a), it shall report the matter forthwith to the Central Government which may cancel or modify the order in such manner as it thinks fit. (5) Where leave to enter is refused to a foreigner, he may be detained at some place approved by the civil authority and may, if he has come by sea, be placed temporarily on shore for that purpose, and whilst he is so detaineda foreigner shall be deemed to be in legal custody and not to have entered India. ________________________ 1. Substituted by S.R.O. 1466, dated 21st June, 1956.
View Complete Act List Judgments citing this sectionOfficial Secrets Act, 1923 Section 4
Title: Communications with Foreign Agents to Be Evidence of Commission of Certain Offences
State: Central
Year: 1923
(1) In any proceedings against a person for an offence under section 3, the fact that he has been in communication with, or attempted to communicate with, a foreign agent, whether within or without1[India] shall be relevant for the purpose of proving that he has, for a purpose prejudicial to the safety or interests of the State, obtained or attempted to obtain information which is calculated to be or might be, or is intended to be, directly or indirectly, useful to an enemy. (2) For the purpose of this section, but without prejudice to the generality of the foregoing provisions,-- (a) a person may be presumed to have been in communication with a foreign agent if-- (i) he has, either within or without1[India] visited the address of a foreign agent or consorted or associated with a foreign agent, or (ii) either within or without1[India], the name or address of, or any other information regarding, a foreign agent has been found in his possession, or has been obtained by him from any other person; (b) the expression "foreign agent" includes any person who is or has been or in respect of whom it appears that there are reasonable grounds for suspecting him of being or having.....
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