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Organisation of political nature cannot accept foreign contribution [ Section 5] - FCRA Ready Reckoner - FEMAExtract Organisation of political nature cannot accept foreign contribution Section 5(1) of FCRA Act 2010 provide definition of political nature not being a political party Any organisation of a political nature (which is not a political party) cannot accept foreign contribution as per section 3(1)(f) of FCRA Act, Organisation of political nature define under section 5(1) of FCRA Act , Organisation of political nature means as Central Government specify such organisation as an organisation of a political nature not being a political party. The Central Government may, by rules made by it, frame the guidelines specifying the ground or grounds on which an organisation shall be specified as an organisation of a political nature. Give notice for representation to organisation before making order [ Section 5(2) of FCRA Act ] Before making an order under section 5(1) of FCRA Act , the Central Government shall give the a notice in writing informing it of the ground or grounds to organisation in respect of whom the order is proposed to be made, on which it is proposed to be specified as an organisation of political nature under section 5(2) of FCRA Act. Time period for representation given by the organisation on notice issued under section 5(2) of FCRA Act [ Section 5(3) of FCRA Act ] The organisation to whom a notice has been served make a representation to the Central Government giving reasons for not specifying such organisation as an organisation under section 5(1) of FCRA Act with in a period of 30 days from the date of the notice. Condonation delay for representation:- the Central Government may entertain the representation after the expiry of the said period of thirty days, if it is satisfied that the organisation was prevented by sufficient cause from making the representation with in thirty days. Section 5( 4 ) of FCRA Act The Central Government may, if it considers it appropriate, forward the representation referred to in section 5( 3 ) of FCRA Act to any authority to report on such representation. Considering the Representation of organisation is not a political nature [ Section 5(5) of FCRA Act ] The Central Government may, after considering the representation and the report of the authority referred to in section 5( 4 ) of FCRA Act ,specify such organisation as an organisation of a political nature not being a political party and make an order under section 5(1) of FCRA Act accordingly. Time period for making order [ Section 5(6) of FCRA Act ] The time period for making every order shall be made within a period of 120 days from the date of issue of notice. Delay in order made :- In case no order is made within the said period of 120 days, the Central Government shall, after recording the reasons therefor, make an order under section 5(1) of FCRA Act within a period of 60 days from the expiry of the said period of 180 days. Guidelines for declaration of an organisation to be of a political nature, not being a political party. [ Rule 3 of FCR Rules 2011 ] Rule 3(1) provides conditions on the basic Central government may specify any organisation as organisation political nature on one or more of the following ground:- (i) organisation having avowed political objectives in its Memorandum of Association or by laws; (ii) any Trade Union whose objectives include activities for promoting political goals; (iii) any voluntary action group with objectives of a political nature or which participates in political activities; (iv) front or mass organisations like Students Unions, Workers Unions, Youth Forums and Women s wing of a political party; (v) organisation of farmers, workers, students, youth based on caste, community, religion, language or otherwise, which is not directly aligned to any political party, but whose objectives, as stated in the Memorandum of Association, or activities gathered through other material evidence, include steps towards advancement of political interests of such groups; Exception:- As per Rule 3(2) of FCR Rules 2011 , If that organisation participate in active politics or party politics, then that organisation loose the status of political nature and cover in the political party. (vi) any organisation, by whatever name called, which habitually engages itself in or employs common methods of political action like bandh or hartal , rasta roko , rail roko or jail bharo in support of public causes. Exception:- As per Rule 3(2) of FCR Rules 2011 , If that organisation participate in active politics or party politics, then that organisation loose the status of political nature and cover in the political party. INDIAN SOCIAL ACTION FORUM (INSAF) VERSUS UNION OF INDIA 2012 (6) TMI 433 - HIGH COURT OF DELHI , constitutional validity of section 5 and rule 3 have been upheld. It was held that the section gives guidelines are given and delegated power can not be said to be arbitrary. Authority to whom an application or intimation to be sent As per Rule 23 FC(R) Rules 2011 Any information or intimation about political or speculative activities of a person as mentioned in rule 3 or rule 4 , shall be furnished to the Secretary to the Government of India in the Ministry of Home Affairs, New Delhi. Such information or intimation shall be sent by registered post or in electronic form.
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