Union of India - Act
The Foreign Contribution (Regulation) Rules, 1976
UNION OF INDIA
India
India
The Foreign Contribution (Regulation) Rules, 1976
Rule THE-FOREIGN-CONTRIBUTION-REGULATION-RULES-1976 of 1976
- Published on 1 January 1991
- Commenced on 1 January 1991
- [This is the version of this document from 1 January 1991.]
- [Note: The original publication document is not available and this content could not be verified.]
11.
/553In exercise of the powers conferred by section 30 of the Foreign Contribution (Regulation) Act, 1976 (49 of 1976), the Central Government hereby makes the following rules, namely:--1. Short title and commencement .-(1) These rules may be called The Foreign Contribution (Regulation) Rules, 1976.
2. Definitions .-In these rules, unless the context otherwise requires,--
3. Application for obtaining prior permission to receive foreign contribution or foreign hospitality .-An application for obtaining prior permission of the Central Government to--
4. Intimation regarding receipt of foreign contribution or scholarship or stipend or any payment of a like nature of foreign hospitality .-(1) An intimation as to the receipt of--
5. Intimation of receipt of scholarship, stipend or any payment of a like nature, when not necessary .-It shall not be necessary for a citizen of India to give any intimation under section 7 regarding receipt of scholarship, stipend or any payment of a like nature from any foreign source, if the value of such scholarship, stipend or other payment does not exceed, during an academic year, rupees thirty-six thousand.
Explanation .-In calculating the value,--6. Authority to whom an application or intimation to be sent .-Any application or intimation referred to [in rule 3, rule 3-A or rule 4], as the case may be, shall be made or given to the Secretary to the Government of India in the Ministry of Home Affairs, New Delhi and such application or intimation shall be sent by registered post.
7. Manner of service of prohibitory order or any other order or direction .-A prohibitory order under section 12 or any other order or direction made or issued under the Act, shall be served on the person concerned in the following manner, that is to say,--
8. Maintenance of accounts .-(1) A separate set of accounts and records shall be maintained, exclusively for foreign contribution received and utilised,--
(a)in Form FC 6, where the foreign contribution relates only to articles as referred to in item (i) of sub-clause (c) of clause (1) of section 2;(b)in the cash book and ledger account on double entry basis, where the foreign contribution relates to currency received and utilised, and a separate bank account shall be maintained in respect of such contribution;(c)in Form FC 7, where the foreign contribution relates to foreign securities.9. Limits up to which an officer, not below the rank of an Assistant Sessions Judge may make adjudication of confiscation .-An officer referred to in clause (b) of section 19 may adjudge confiscation in relation to any article or currency seized under section 16, if the value of such article or the amount of such currency exceeds one thousand rupees but does not exceed fifty thousand rupees.
FORM FC - 1[See rule 3(a)]Application For Seeking Prior Permission Of The Central Government For Accepting Foreign Contribution By Or On Behalf Of An Organisation Of Political Nature Not Being A Political Party[Section 5 (1) and 5 (2) (a) of the Foreign Contribution (Regulation) Act, 1976]1. (a) Particulars of the Organisation
(Full name in block letters, and address)2. Full particulars of the person applying on behalf of the Organisation
3. Reference of the order published by the Central Government in the Official Gazette specifying the Organisation as an "Organisation of Political Nature, not being a political party".
4. Nature and full details of contribution including value, to be received.
5. The mode/channel of receipt.
6. Purpose for which foreign contribution is proposed is to be received.
7. Particulars of the foreign source from which contribution is to be received :
8. Nature of connection/dealings with the foreign source
9. Any other information of significance which the applicant may like to furnish
DECLARATIONI hereby declare that the above particulars furnished by me are true and correct....................Signature of the ApplicantPlace.................Date..................Note. - In the case of application by an Organisation, it should be signed by the chief functionary.[FORM FC 1 - A][See rule 3 (aa)]Form Of Application For Seeking Prior Permission From The Central Government Under The Foreign Contribution (Regulation) Ac, 1976 (Hereinafter Referred To As The Act) For The Acceptance Of Foreign Contribution By An Association Having A Definite Cultural, Economic, Educational, Religious Or Social ProgrammeNo.............. Date...........ToThe Secretary to the Government of India,Ministry of Home Affairs, Lok Nayak Bhavan, Khan Market,New Delhi - 110003Subject:- Application for seeking the prior permission of the Central Government under the Foreign Contribution (Regulation) Act, 1976 for acceptance of foreign contribution.Sir,I,............., on behalf of the Association named hereafter, apply for seeking prior permission of the Central Government for the acceptance of foreign contribution under proviso to sub-section (1) of section 6 or under sub-section (1-A) of that section or clause (b) of section 10 of the Act.1. (i). Name of the Association and its complete postal address
NameAddressTown/CityStateDistrictPin Code| Sl.No. | Name | Name of Father/Husband | Nationality | Occupation | Office held in the Association, if any | Relationship with other office bearers, if any | Address |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
2. Please indicate whether any member of the Executive Committee /Governing Council, etc., of the Association, including the Chief Functionary has, in the discharge of his/her official functions -
3. Please indicate whether the applicant Association -
4. Please indicate -
5. Please indicate -
6. Please indicate whether the Association is owner / printer / publisher, editor of a publication which is a "registered newspaper" under the Press and Registration of Books Act, 1867.
7. Please furnish -
8. (i) Please indicate -
9. Please indicate -
10. Please indicate the particulars of the foreign source or the sources from which the foreign contribution is proposed to be received -
11. Any other information which the Association may like to furnish.
Yours faithfully,..........................Signature of the Applicant[Name of the Chief Functionary or authorised office bearer (with seal of the Association)]DECLARATIONI hereby declare that the above particulars furnished by me are true and correct...........................Signature of the Applicant[Name of the Chief Functionary or authorised office bearer (with seal of the Association)]Place................Date.................*If the foreign contribution, whether currency or article is to be received from any person or association who has received the same as first, second or subsequent recipient, particulars of such person or association should be given against column 10 above.Note. -1. An incomplete application i.e., without necessary documents/details/explanations is likely to be rejected summarily.
2. In case the space against any column is insufficient, separate annexure should be attached.
3. Please use CAPITAL LETTERS.
4. The application should be signed by the Chief Functionary or authorised office bearer of the Association.]
[CERTIFICATE [Inserted by G.S.R. 63(E), dated 24-1-2000 (w.e.f. 25-1-2000)](To be submitted along with the application)This is to certify that the............(name of the association) have its registered office at................(address) has been formed for undertaking activities in its chosen...................(economic, educational, cultural, religious and social)* field of activity. The antecedents of the organisation have been verified and there is nothing adverse against them.2. Its proposed project would be undertaken in the ........ (District) of .......... (State). The said project will be beneficial to the people living in the area.
3. The grant of prior permission to the aforementioned association to accept foreign contribution amounting to .......... (currency/amount) from ............(name and address of foreign donor) under the foreign Contribution (Regulation) Act, 1976 for the said project is recommended.
(Recommending Authority)**(With Seal)*Strike out whichever is not applicable.**Any concerned -1.
) Collector of District.2.
) Department of the State Government.3.
) Ministry or Department of the Government of India.][FORM FC 2] [Substituted by G.S.R. 755(E), dated 5-11-1984 (w.e.f. 5-11-1984)][See rule 3(b)]Application For Seeking Prior Permission Of The Central Government To Accept Foreign Hospitality[Section 9 read with section 10(d) and 11(1) of the Foreign Contribution (Regulation) Act, 1976]1. Name in full (in block letters)
2. Date of birth:
3. Name of father/husband
4. Present address
5. Permanent address
6. Passport particulars (if already in possession)
7. Status:
8. Names of countries/places to be visited with duration of stay
9. The countries and places where foreign hospitality is to be accepted
10. Duration and purpose of visit to the country(ies)/Place(s) mentioned in column 9 with specific dates.
11. Particulars of host(s): -
12. *Full particulars, as in serial 11(a) and (b) of the foreign source in case the actual source extending the hospitality** is located in a country other than actually proposed to be visited.
13. Nature and duration of foreign hospitality proposed to be accepted with specific dates and with specific details.
14. Nature of connection/dealing with the host and / or foreign source extending the hospitality.
15. Approximate expenditure to be incurred on hospitality.
16. Any other information of significance which the applicant may like to furnish.
DECLARATIONI hereby declare that the above particulars furnished by me are true and correct.......................Signature of ApplicantPlace.................Date..................*Delete if not applicable.** "Foreign hospitality" means any offer, not being a purely casual one, made by a foreign source for providing a person with the cost of travel to any foreign country or territory or with free board, lodging, transport or medical treatment.[FORM FC 3] [Substituted by G.S.R. 8(E), dated 4-1-1999 (w.e.f. 4-1-1999)][See rule 4(a)]Account of Foreign Contribution of the year ending on 31st March.........1. Association's details
| (i) Name and address (in Capital Letters) | : | ...................................... |
| (ii) Registration number and date | : | ...................................... |
| [under the Foreign Contribution(Regulation) Act, 1976]: | ||
| (iii) Prior permission number and date, if not registered | : | ...................................... |
| (iv) Nature of association | : | ............................ |
| (1) Cultural (2) Economic (3) Educational (4) Religious (5) Social | ||
| (v) Denomination in case of religious association | : | (a) Hindu (b) Sikh (c) Muslim (d) Christian(e)Buddhist |
| (f) Others |
2. Purpose(s) for which foreign contribution has been received and utilised:
(in Rupees)| Sl. No | Purpose | Previous balance | Receipt during the year | Total | Utilised | Balance | ||||||
| In Cash | In kind (value) | As first recipient | As second /Subsequent recipient | In cash | In kind (value) | In cash | In kind (value) | |||||
| In cash | In kind (value) | In cash | In kind (value) | |||||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9(5+6+7+8) | 10 | 11 | 12 | 13 |
1. [ Celebration of national events (Independence / Republic day) / festivals, etc.
2. Theatre / Films.
3. Maintenance of places of historical and cultural importance.
4. Preservation of ancient / tribal art forms.
5. Research.
6. Cultural shows.
7. Setting-up and running handicraft centre / cottage and Khadi industry / social forestry projects.
8. Animal husbandry projects.
9. Income generation projects / schemes.
10. Micro-finance projects, including setting-up banking co-operatives and self-help groups.
11. Agricultural activity.
12. Rural Development.
13. Construction and maintenance of school / college.
14. Construction and running of hostel for poor students.
15. Grant of stipend / scholarship / assistance in cash and kind to poor / deserving children.
16. Purchase and supply of educational material - books, notebooks, etc.
17. Conducting adult literacy programs.
18. Education / Schools for the mentally challenged.
19. Non-formal education projects / coaching classes.
20. Construction / Repair / Maintenance of places of worship.
21. Religious schools / education of priests and preachers.
22. Publication and distribution of religious literature.
23. Religious functions.
24. Maintenance of priests / preachers / other religious functionaries.
25. Construction / Running of hospital / dispensary / clinic.
26. Construction of community halls, etc.
27. Construction and Management of old age home.
28. Welfare of the aged / widows.
29. Construction and Management of Orphanage.
30. Welfare of the orphans.
31. Construction and Management of dharamshala / shelter.
32. Holding of free medical / health / family welfare / immunisation camps.
33. Supply of free medicine, and medical aid, including hearing aids, visual aids, family planning aids etc.
34. Provision of aids such as Tricycles, calipers, etc., to the handicapped.
35. Treatment / Rehabilitation of persons suffering from leprosy.
36. Treatment / Rehabilitation of drug addicts.
37. Welfare / Empowerment of women.
38. Welfare of children.
39. Provision of free clothing / food to the poor, needy and destitute.
40. Relief / Rehabilitation of victims of natural calamities.
41. Help to the victims of riots / other disturbances.
42. Digging of bore wells.
43. Sanitation including community toilets, etc.
44. Vocational training - tailoring, motor repairs, computers, etc.
45. Awareness Camp / Seminar / Workshop / Meeting / Conference.
46. Providing free legal aid / Running legal aid centre.
47. Holding sports meet.
48. Awareness about Acquired Immune Deficiency Syndrome (AIDS) / Treatment and rehabilitation of persons affected by AIDS.
49. Welfare of the physically and mentally challenged.
50. Welfare of the Scheduled Castes.
51. Welfare of the Scheduled Tribes.
52. Welfare of the Other Backward Classes.
53. Environmental programs.
54. Survey for socio-economic and other welfare programs.
55. Establishment expenses, -
56. Activities other than those mentioned above (Furnish details).] [Substituted by G.S.R. 557(E), dated 26-7-2001 (w.e.f. 26-7-2001)]
3. Name and address of the designated branch of the bank and account number (as specified in the application for registration / prior permission or permitted by the Central Government).
A/c No................Bank:.................Branch................Address...............Pin...................4. Donorwise receipts of foreign contribution
(in Rupees)| Sl. No. | Institutional/individual/other donors | Names(s) and address(es) | Purpose(s) | Date and month of receipt | Amount |
| 1 | 2 | 3 | 4 | 5 | 6 |
| (i) Institutional donors: | |||||
| (ii) Individual donors above Rupees one lakh | |||||
| (iii) Individual donors below Rupees one lakh (Only Column 4 and 6 need to be filled) | |||||
| Total |
| 5. Country wise receipt of foreign contribution: | (in rupees) | |
| Sl.No. | Name of the country | Amount |
| 1 | 2 | 3 |
| Total |
1. Name in full (in block letters)
2. Date of birth
3. Name of father
4. Present Address
5. Permanent Address
6. Date which duly nominated as a candidate for election to a Legislature and particulars of Legislature. [See section 2(1)(b) and 2(1)(f) of the Act]
7. Full particulars of foreign contribution received within 180 days immediately preceding the date on which duly nominated as a candidate for election to the Legislature.
8. Nature and full details of the contribution including value.
9. The mode/channel of receipt.
10. Purpose for which contribution was received.
11. Particulars of the foreign source from which contribution received:
12. Nature of connection/dealings with the foreign sources.
13. Details of actual utilisation of the contribution-
14. Any other information of significance which the applicant may like to furnish.
DECLARATIONI hereby declare that the above particulars furnished by me are true and correct...........................Signature of the CandidatePlace................Date.................Certified that the above declaration was signed by Shri...........S/o....................resident of................ a candidate for election to (*)...................before me on this..............day of 20........................Signature(Name in block letters)Designation................(To be signed by a Class I Gazetted Officer** or a 1st Class Magistrate).* Here specify 'Legislature' as defined in Section 2(1)(f) of the Act.** Of the State/Central Government.FORM FC 5[See Rule 4(C)]Intimation To The Central Government Of Receipt Of Scholarship, Stipend Or Any Payment Of A Like Nature From A Foreign Source[Section 7(1) and 7(2) of the Foreign Contribution (Regulation) Act, 1976]1. Name in full (in block letters)
2. Date of birth
3. Name of father
4. Present address
5. Permanent address
6. Passport particulars
7. Specific details of occupation/profession
8. Particulars of the foreign source from whom Scholarship, Stipend or payment of like nature was received -
9. Nature and full details of scholarship, stipend or any payment of a like nature received from foreign source, indicating (a) total amount and its break-up under various heads like cost of journey, equipment, clothing, maintenance, tuition fees, residence fees, books, etc., and (b) mode / channel of receipt.
10. Purpose of the scholarship, stipend or any payment of a like nature with specific details of courses attended/to be attended
11. Duration of stay abroad with dates.
12. Any other information of significance, which the applicant may like to furnish.
DECLARATIONI hereby declare that the above particulars furnished by me are true and correct.....................Signature of the applicantPlace..............Date...............FORM FC 6[See rule 8 (a)]Foreign Contribution (Articles) AccountsDescription of the ArticleRECEIPT| Date | Name and address of the person from whom received | Mode of receipt | Purpose of receipt | Quantity received | Approx.value of articles received | Date of intimation sent to the Central Government |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Date | Name and address of the person to whom issued, sold or otherwise transferred | Purpose for which issued or otherwise transferred | Utilized by the organization | Sold | Otherwise transferred | If sold the amount for which sold | Reference to entry in the Foreign Contribution (Currency) Account | Balance in stock |
| 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 |
| Date | Name and address of the person from whom received | Distinguishing number of each security | Total of securities | Total nominal value of securities | Particulars of permission of the Reserve Bank ofIndiato acquire or to hold foreign securities | Particulars of intimation sent to the Central Government | Date | Dividendor interest received | Date up to which dividend or interest has been received |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| Reference to the credit entry in the Foreign Contribution (Currency) Account | Date | Name and address of the person to whom sold/transferred | Total No. of securities sold/transferred | Distinguishing number of each security transferred | Total amount for which sold/transferred | Particulars of permission of the Reserve Bank ofIndiato sell/transfer securities | Particulars of intimation sent to the Central Government | Reference to the entry in the Foreign Contribution (Currency) Account |
| 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 |
1. (i). Name of the Association and its complet e postal address
NameAddressTown/CityDistrictStatePin Code| Sl.No. | Name | Name of Father/Husband | Nationality | Occupation | Office held in the Association, if any | Relationship with office bearers, if any | Address |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |