Maintenance, Audit, Inspection and Seizure of Books of Account [ Section 19, 20, 23 & 24 ] - FCRA - Ready Reckoner - FEMA

Maintenance or Audit of Books of Account Maintenance of accounts [ Section 19 of FCRA 2010 read with Rule 11 of FC(R) Rules 2011] Every person who has been granted a certificate or given prior approval under this Act shall maintain, in such form and manner as may be prescribed, ( a ) an account of any foreign contribution received by him; and ( b ) a record as to the manner in which such contribution has been utilised by him. Audit of accounts [ Section 20 of FCRA 2010 ] After inspection of intimation to Central Government under section 17 , the Central Government has any reasonable cause to believe that any provision of this Act has been, or is being, contravened, the Central Government may, by general or special order, authorize such gazetted officer, holding a Group A post under the Central Government or any other officer or authority or organisation, as it may think fit, , to audit any books of account kept or maintained by such person. Every such officer shall have the right to enter in or upon any premises at any reasonable hour, before sunset and after sunrise, for the purpose of auditing the said books of account: Any information obtained from such audit shall be kept confidential and shall not be disclosed except for the purposes of this Act. Inspection of accounts or records [ Section 23 of FCRA, 2010 ] If the Central Government has, for any reason, to be recorded in writing, any ground to suspect that any provision of this Act has been or is being, contravened by ( a ) any political party; or ( b ) any person; or ( c ) any organisation; or ( d ) any association, It may, authorize such gazetted officer, holding a Group A post under the Central Government or such other officer or authority or organisation, as it may think fit (hereinafter referred to as the inspecting officer), by general or special order, to inspect any account or record maintained by such political party, person, organisation or association, as the case may be, and thereupon every such inspecting officer shall have the right to enter in or upon any premises at any reasonable hour, before sunset and after sunrise, for the purpose of inspecting the said account or record. Power to call of information or document by the inspecting officer authorize under section 23 [ Section 42 of FCRA, 2010 ] Any inspecting officer referred to in section 23 who is authorized in this behalf by the Central Government may, during the course of any inspection of any account or record maintained by any political party, person, organization or association in connection with the contravention of any provision of this Act, ( a ) call for information from any person for the purpose of satisfying himself whether there has been any contravention of the provisions of this Act or rule or order made thereunder; ( b ) require any person to produce or deliver any document or thing useful or relevant to such inspection; ( c ) examine any person acquainted with the facts and circumstances of the case related to the inspection. Seizure of accounts or records [ Section 24 of FCRA, 2010 ] If, after inspection of an account or record referred to in section 23 , the inspecting officer has any reasonable cause to believe that any provision of this Act or of any other law relating to foreign exchange has been, or is being, contravened, he may seize such account or record and produce the same before the court, authority or tribunal in which any proceeding is brought for such contravention: Return the books of account The authorized officer shall return such account or record to the person from whom it was seized if no proceeding is brought within six months from the date of such seizure for the contravention disclosed by such account or record.