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Prohibition to accept foreign contribution from specified person [ Section 3 ] - FCRA Ready Reckoner - FEMAExtract Prohibition to accept foreign contribution from specified person Who can receive foreign contribution. Any Person can receive foreign contribution subject to the following conditions:- a) It must have a definite cultural, economic, educational, religious or social programme. b) It must obtain the FCRA registration/prior permission from the Central Government c) It must not be prohibited under Section 3 of FCRA, 2010. Following person p rohibited for receiving any foreign contribution specified under section 3 of FCRA 2010 Section 3(1) of FCRA 2010 provides that Prohibition to accept foreign contribution from the following person Candidate for election; Correspondent, columnist, cartoonist, editor, owner, printer or publisher of a registered newspaper; Public servant (define in u/s 21 of the Indian Penal Code 1860), Judge, Government servant or Employee of any corporation [ define u/s 2(45) of the Companies Act 2013] or Any other body controlled or owned by the Government; Member of any Legislature; Political party or office-bearer thereof; Organisation of a political nature as may be specified under section 5(1) by the Central Government; Association or company 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 section 2(1)(r) of the Information Technology Act, 2000 or any other mode of mass communication; Correspondent or columnist, cartoonist, editor, owner of the association or company. Section 3(2) of FCRA 2010, the section 3(1) deal prohibition on direct acceptance of foreign contribution . But section 3(2) also deal prohibition on indirect acceptance of foreign contribution by the following person : - (a) No person, resident in India , and no citizen of India resident outside India, shall accept any foreign contribution, or acquire or agree to acquire any currency from a foreign source, on behalf of any political party, or any person referred to in section 3( 1 ) of FCRA 2010, or both. (b) No person, resident in India , shall deliver any currency, which has been accepted from any foreign source, to any person if he knows or has reasonable cause to believe that such other person intends, or is likely, to deliver such currency to any political party or any person referred to in section 3( 1 ) of FCRA 2010, 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 source, to- ( i ) any political party or any person referred to in section 3( 1 ) of FCRA 2010, or both; or ( ii ) any other person, if he knows or has reasonable cause to believe that such other person intends, or is likely, to deliver such currency to a political party or to any person referred to in section 3( 1 ) of FCRA 2010, or both. Section 3(3) of FCRA 2010 Any person cannot receive any currency, from a foreign source on behalf of any person or class of persons, referred to in section 9 of FCRA 2010, shall deliver such currency - (a ) to any person other than a person for which it was received, or (b ) to any other person, if he knows or has reasonable cause to believe that such other person intends, or is likely, to deliver such currency to a person other than the person for which such currency was received.
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