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CG-DL-E-28092020-222069THE FOREIGN CONTRIBUTION (REGULATION)
AMENDMENT ACT, 2020
N
O. 33 OF 2020
[28th September, 2020.] An Act further to amend the Foreign Contribution (Regulation) Act, 2010.
BE it enacted by Parliament in the Seventy-first Year of the Republic of India as
follows:—
1. (1) This Act may be called the Foreign Contribution (Regulation) Amendment
Act, 2020.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
2. In section 3 of the Foreign Contribution (Regulation) Act, 2010 (hereinafter referred
to as the principal Act), in sub-section (1),—
(i) for clause (c), the following clause shall be substituted, namely:—
“(c) public servant, Judge, Government servant or employee of any
corporation or any other body controlled or owned by the Government;”;
Short title
and
commencement.
Amendment
of section 3. 42 of 2010.
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EXTRAORDINARY
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PART II — Section 1
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PUBLISHED BY AUTHORITY
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No. 58] NEW DELHI, MONDAY, SEPTEMBER 28, 2020/ASVINA 6, 1942 (SAKA)
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Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 28th September, 2020/Asvina 6, 1942 (Saka)
The following Act of Parliament received the assent of the President on the
28th September, 2020 and is hereby published for general information:—
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2 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—
(ii) for the Explanation, the following Explanations shall be substituted,
namely:—
‘Explanation 1.—For the purpose of clause (c), “public servant” means a
public servant as defined in section 21 of the Indian Penal Code.
Explanation 2.—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 clause (45) of section 2 of the Companies
Act, 2013.’.
3. For section 7 of the principal Act, the following section shall be substituted, namely:—
“7. 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.”.
4. In section 8 of the principal Act, in sub-section (1), for the words “fifty per cent.”, at
both the places where they occur, the words “twenty per cent.” shall be substituted.
5. In section 11 of the principal Act, in sub-section (2), in the proviso, for the words,
brackets and figures “Provided that if the person referred to in sub-sections (1) and (2) has
been found guilty”, the following shall be substituted, namely:—
“Provided that the Central Government, on the basis of any information or report,
and after holding a summary inquiry, has reason to believe that a person who has been
granted prior permission has contravened any of the provisions of this Act, it may,
pending any further inquiry, direct that such person shall not utilise the unutilised
foreign contribution or receive the remaining portion of foreign contribution which
has not been received or, as the case may be, any additional foreign contribution,
without prior approval of the Central Government:
Provided further that if the person referred to in sub-section (1) or in this
sub-section has been found guilty”.
6. In section 12 of the principal Act, after sub-section (1), the following sub-section
shall be inserted, namely:—
‘(1A) Every person who makes an application under sub-section (1) shall be
required to open ‘‘FCRA Account’’ in the manner specified in section 17 and mention
details of such account in his application.’.
7. After section 12 of the principal Act, the following section shall be inserted, namely:—
“12A. Notwithstanding anything contained in this Act, the Central Government
may require that any person who seeks prior permission or prior approval under
section 11, or makes an application for grant of certificate under section 12, or, as the
case may be, for renewal of certificate under section 16, shall provide as identification
document, the Aadhaar number of all its office bearers or Directors or other key
functionaries, by whatever name called, issued under the Aadhaar (Targeted Delivery
of Financial and Other Subsidies, Benefits and Services) Act, 2016, or a copy of the
Passport or Overseas Citizen of India Card, in case of a foreigner.”.
8. In section 13 of the principal Act, in sub-section (1), for the words “for such period
not exceeding one hundred and eighty days as may be specified”, the words “for a period of
one hundred and eighty days, or such further period, not exceeding one hundred and eighty
days, as may be specified” shall be substituted.
Substitution of
new section
for section 7.
Amendment
of section 8. Prohibition to
transfer
foreign
contribution
to other
person.
Amendment
of section 11.45 of 1860.
18 of 2013.
Amendment
of section 12.
Insertion of new
section 12A.
Power of
Central
Government
to require
Aadhaar
number, etc.,
as
identification
document.
Amendment
of section 13.18 of 2016.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
9. After section 14 of the principal Act, the following section shall be inserted, namely:—
“14A. On a request being made in this behalf, the Central Government may
permit any person to surrender the certificate granted under this Act, if, after making
such inquiry as it deems fit, it is satisfied that such person has not contravened any of
the provisions of this Act, and the management of foreign contribution and asset, if
any, created out of such contribution has been vested in the authority as provided in
sub-section (1) of section 15.”.
10. In section 15 of the principal Act,—
(i) in the marginal heading, after the word “cancelled”, the words “or surrendered”
shall be inserted;
(ii) in sub-section (1), after the word and figures “section 14”, the words, figures
and letter “or surrendered under section 14A” shall be inserted.
11. In section 16 of the principal Act, in sub-section (1), the following proviso shall be
inserted, namely:—
“Provided that the Central Government may, before renewing the certificate,
make such inquiry, as it deems fit, to satisfy itself that such person has fulfilled all
conditions specified in sub-section (4) of section 12.”.
12. For section 17 of the principal Act, the following section shall be substituted,
namely:—
’17. (1) Every person who has been granted certificate or prior permission under
section 12 shall receive foreign contribution only in an account designated as “FCRA
Account” by the bank, which shall be opened by him for the purpose of remittances of
foreign contribution in such branch of the State Bank of India at New Delhi, as the
Central Government may, by notification, specify in this behalf:
Provided that such person may also open another ‘‘FCRA Account’’ in any of
the scheduled bank of his choice for the purpose of keeping or utilising the foreign
contribution which has been received from his ‘‘FCRA Account’’ in the specified
branch of State Bank of India at New Delhi:
Provided further that such person may also open one or more accounts in one or
more scheduled banks of his choice to which he may transfer for utilising any foreign
contribution received by him in his ‘‘FCRA Account’’ in the specified branch of the
State Bank of India at New Delhi or kept by him in another ‘‘FCRA Account’’ in a
scheduled bank of his choice:
Provided also that no funds other than foreign contribution shall be received or
deposited in any such account.
(2) The specified branch of the State Bank of India at New Delhi or the branch of
the scheduled bank where the person referred to in sub-section (1) has opened his
foreign contribution account or the authorised person in foreign exchange, shall report
to such authority as may be specified,—
(a) the prescribed amount of foreign remittance;
Insertion of
new section
14A.
Surrender of
certificate.
Amendment
of section 15.
Amendment
of section 16.
Substitution of
new section
for section 17.
Foreign
contribution
through
scheduled
bank.

(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.’.
————
DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
4 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II— S EC. 1] MGIPMRND—870GI—28-09-2020.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
4 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II— S EC. 1]