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[Cites 0, Cited by 4] [Section 12] [Entire Act]

Union of India - Subsection

Section 12(4) in The Foreign Contribution (Regulation) Act, 2010

(4)The following shall be the conditions for the purposes of sub-section (3), namely:—
(a)the person making an application for registration or grant of prior permission under sub-section (1),—
(i)is not fictitious or benami;
(ii)has not been prosecuted or convicted for indulging in activities aimed at conversion through inducement or force, either directly or indirectly, from one religious faith to another;
(iii)has not been prosecuted or convicted for creating communal tension or disharmony in any specified district or any other part of the country;
(iv)has not been found guilty of diversion or mis-utilisation of its funds;
(v)is not engaged or likely to engage in propagation of sedition or advocate violent methods to achieve its ends;
(vi)is not likely to use the foreign contribution for personal gains or divert it for undesirable purposes;
(vii)has not contravened any of the provisions of this Act;
(viii)has not been prohibited from accepting foreign contribution;
(b)the person making an application for registration under sub-section (1) has undertaken reasonable activity in its chosen field for the benefit of the society for which the foreign contribution is proposed to be utilised;
(c)the person making an application for giving prior permission under sub-section (1) has prepared a reasonable project for the benefit of the society for which the foreign contribution is proposed to be utilised;
(d)in case the person being an individual, such individual has neither been convicted under any law for the time being in force nor any prosecution for any offence pending against him;
(e)in case the person being other than an individual, any of its directors or office bearers has neither been convicted under any law for the time being in force nor any prosecution for any offence is pending against him;
(f)the acceptance of foreign contribution by the person referred to in sub-section (1) is not likely to affect prejudicially—
(i)the sovereignty and integrity of India; or
(ii)the security, strategic, scientific or economic interest of the State; or
(iii)the public interest; or
(iv)freedom or fairness of election to any Legislature; or
(v)friendly relation with any foreign State; or
(vi)harmony between religious, racial, social, linguistic, regional groups, castes or communities;
(g)the acceptance of foreign contribution referred to in sub-section (1),—
(i)shall not lead to incitement of an offence;
(ii)shall not endanger the life or physical safety of any person.