Section 3 Prohibition to accept foreign contribution
- Amendments
- 2
(1) No foreign contribution shall be accepted by any—
(a) candidate for electionDefined in section 2(d): candidate for election means a person who has been duly nominated as a candidate for election to any Legislature;
(b) correspondent, columnist, cartoonist, editor, owner, printer or publisher of a registered newspaperDefined in section 2(q): registered newspaper means a newspaper registered under the Press and Registration of Books Act, 1867 (25 of 1867);
Substituted by Foreign Contribution (Regulation) Amendment Act, 2020, s. 2, dated 28th September, 2020, with effect from 29 September 2020. Earlier read: "clause (c)"(c) public servant, Judge, Government servant or employee of any corporation or any other body controlled or owned by the Government;
(d) member of any LegislatureDefined in section 2(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 (20 of 196...;
(e) political partyDefined in section 2(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 (43 of 1951); or (B) which has set up candidates for election to any Legislature, but ... 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) associationDefined in section 2(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 (21 of 1860), or not, and any other organisation, by whatever name called or companyDefined in section 2(f): company shall have the meaning assigned to it under clause (17) of section 2 of the Income tax Act, 1961 (43 of 1961) 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 (21 of 2000) or any other mode of mass communication;
(h) correspondent or columnist, cartoonist, editor, owner of the associationDefined in section 2(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 (21 of 1860), or not, and any other organisation, by whatever name called or companyDefined in section 2(f): company shall have the meaning assigned to it under clause (17) of section 2 of the Income tax Act, 1961 (43 of 1961) referred to in clause (g).
The Explanation substituted by Foreign Contribution (Regulation) Amendment Act, 2020, s. 2, dated 28th September, 2020, with effect from 29 September 2020Explanation 1.—For the purpose of clause (c), "public servant" means a public servant as defined in section 21 of the Indian Penal Code (45 of 1860).
The Explanation substituted by Foreign Contribution (Regulation) Amendment Act, 2020, s. 2, dated 28th September, 2020, with effect from 29 September 2020Explanation 2.—In clause (c) and section 6, the expression "corporation" means a corporation owned or controlled by the Government and includes a Government companyDefined in section 2(f): company shall have the meaning assigned to it under clause (17) of section 2 of the Income tax Act, 1961 (43 of 1961) as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013).
(2) (a) No person, resident in India, and no citizen of India resident outside India, shall accept any foreign contributionDefined in section 2(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 ..., or acquire or agree to acquire any currency from a foreign sourceDefined in section 2(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 noti..., on behalf of any political partyDefined in section 2(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 (43 of 1951); or (B) which has set up candidates for election to any Legislature, but ..., or any personDefined in section 2(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 (1 of 1956) 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 sourceDefined in section 2(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 noti..., to any personDefined in section 2(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 (1 of 1956) if he knows or has reasonable cause to believe that such other personDefined in section 2(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 (1 of 1956) intends, or is likely, to deliver such currency to any political partyDefined in section 2(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 (43 of 1951); or (B) which has set up candidates for election to any Legislature, but ... or any personDefined in section 2(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 (1 of 1956) 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 sourceDefined in section 2(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 noti..., to—
(i) any political partyDefined in section 2(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 (43 of 1951); or (B) which has set up candidates for election to any Legislature, but ... or any personDefined in section 2(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 (1 of 1956) referred to in sub-section (1), or both; or
(ii) any other personDefined in section 2(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 (1 of 1956), if he knows or has reasonable cause to believe that such other personDefined in section 2(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 (1 of 1956) intends, or is likely, to deliver such currency to a political partyDefined in section 2(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 (43 of 1951); or (B) which has set up candidates for election to any Legislature, but ... or to any personDefined in section 2(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 (1 of 1956) referred to in sub-section (1), or both.
(3) No person receiving any currency, whether Indian or foreign, from a foreign sourceDefined in section 2(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 noti... on behalf of any personDefined in section 2(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 (1 of 1956) or class of persons, referred to in section 9, shall deliver such currency—
(a) to any personDefined in section 2(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 (1 of 1956) other than a personDefined in section 2(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 (1 of 1956) for which it was received, or
(b) to any other personDefined in section 2(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 (1 of 1956), if he knows or has reasonable cause to believe that such other personDefined in section 2(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 (1 of 1956) intends, or is likely, to deliver such currency to a personDefined in section 2(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 (1 of 1956) other than the personDefined in section 2(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 (1 of 1956) for which such currency was received.