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Union of India - Section

Section 9 in The Foreign Contribution (Regulation) Rules, 2011

9. Application for obtaining 'registration' or 'prior permission' to receive foreign contribution.

(1)[(a) An application for certificate of registration by a person under sub-section (1) of section 11, for acceptance of foreign contribution shall be made electronically online in Form FC-3A [with an affidavit executed by each office bearer and key functionary and member in Proforma 'AA' appended to these rules] [Substituted by Notification No. G.S.R. 199(E), dated 7.3.2019 (w.e.f. 29.4.2011).] and an application for obtaining prior permission by a person under sub-section (2) of section 11, for acceptance of foreign contribution, shall be made electronically online in Form FC-3B [with an affidavit executed by each office bearer and key functionary and member in Proforma 'AA' appended to these rules] [Inserted by Notification No. G.S.R. 659(E), dated 16.9.2019 (w.e.f. 29.4.2011).].]
(b)[ The applicant shall upload the signed or digitally signed application along with scanned documents as specified by the Central Government from time to time;] [Substituted for clauses (b) and (c) by Notification No. G.S.R. 966(E), dated 14.12.2015 (w.e.f. 29.4.2011).]
(d)A person seeking registration shall be required to open an exclusive bank account to receive the foreign contribution.
(e)The person may open one or more accounts in one or more banks for the purpose of utilising the foreign contribution after it has been received and, in all such cases, intimation [electronically online in form [FC-6D] [Substituted for words 'on plain paper' by Notification No. G.S.R. 966(E), dated 14.12.2015 (w.e.f. 29.4.2011).]] shall be furnished to the Secretary, Ministry of Home Affairs, New Delhi within fifteen days of the opening of any account.
(2)[* * *] [[Omitted clauses (a), (b) and (c) '(a) An application under sub-section (2) of section 11 for obtaining prior permission of the Central Government to receive foreign contribution shall be made electronically on-line in Form FC-4 and shall be followed by forwarding the hard copy of the on-line application duly signed by the Chief Functionary of the Association together with the required documents.
(b)The hard copy of the on-line application shall reach the Central Government within thirty days of filing of the on-line application, failing which the request of the person shall be deemed to have ceased.
(c)Any person whose request has ceased under clause (b) of sub-rule (2) may prefer a fresh on-line application with the Central Government only after six months from the date of cessation of the previous application.' by Notification No. G.S.R. 966(E), dated 14.12.2015 (w.e.f. 29.4.2011).]]
(d)A person seeking prior permission under this rule shall be required to open an exclusive bank account for the receipt of foreign contribution.
(e)person seeking prior permission under this rule may open one or more accounts in one or more banks for the purpose of utilising the foreign contribution after it has been received and in all such cases intimation [electronically online in form [FC-6D] [Substituted for words 'on plain paper' by Notification No. G.S.R. 966(E), dated 14.12.2015 (w.e.f. 29.4.2011).]] shall be furnished to the Secretary, Ministry of Home Affairs, New Delhi within fifteen days of the opening of any account.
(3)No person shall prefer a second application for registration or prior permission within a period of six months after submitting an application either for the grant of prior permission for the same project or for registration.
(4)
(a)An application made for the grant of prior permission shall be accompanied by a fee of [Rs.3000/- (Three Thousand rupees only)] [Substituted 'Rs. 1000/- (One Thousand only)' by Notification No. G.S.R. 199(E), dated 7.3.2019 (w.e.f. 29.4.2011).].
(b)An application made for the grant of the registration shall be accompanied by a fee of [Rs.5000/- (Five Thousand rupees only)] [Substituted '2000/- (Two Thousand only)' by Notification No. G.S.R. 199(E), dated 7.3.2019 (w.e.f. 29.4.2011).].
(c)The fee may be revised by the Central Government from time to time.
(d)The fee, as applicable, shall be remitted by demand draft or banker's cheque in favour of the "Pay and Accounts Officer, Ministry of Home Affairs", payable at New Delhi [or through online electronic payment gateway as specified by the Central Government] [Inserted by Notification No. G.S.R. 966(E), dated 14.12.2015 (w.e.f. 29.4.2011).].
(5)Notwithstanding anything contained in sub-rules (1) to (4), every application made for registration or prior permission under the Foreign Contribution (Regulation) Act, 1976 (49 of 1976) but not disposed of before the date of commencement of these rules shall be deemed to be an application for registration or prior permission, as the case may be, under these rules, subject to the condition that the applicant furnishes the prescribed fees for such registration or prior permission, as the case may be.