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Offences and Penalties under the FCRA, 2010 - FCRA Ready Reckoner - FEMAExtract Offences and Penalties under the FCRA, 2010 Punishment for Giving False Statement , Declaration or delivering false accounts [ Section 33 of FCRA, 2010 ] Type of offence Any person, subject to this Act, who knowingly, (a) gives false intimation under section 9(c) or section 18 ; or (b) seeks prior permission or registration by means of fraud, false representation or concealment of material fact, Penalty shall, on conviction by a court, be liable to imprisonment for a term which may extend to six months or with fine or with both. Punishment for contravention of any provision of the Act [ Section 35 of FCRA, 2010 ] Type of Offences Whoever accepts, or assists any person, political party or organization in accepting, any foreign contribution or any currency or security from a foreign source, in contravention of any provision of this Act or any rule or order made thereunder, Penalty shall be punished with imprisonmen t for a term which may extend to five years , or with fine , or with both . Penalty for offences where no separate punishment has been provided [ Section 37 of FCRA Act 2010 ] Type of offence Whoever fails to comply with any provision of this Act for which no separate penalty has been provided in this Act Penalty shall be punished with imprisonment for a term which may extend to one year, or with fine or with both. Plain language of section 37 of the FCR Act clarifies that the punishment, as specified would be applicable in case of non-compliance of any provision of the FCR Act for which no specific punishment is prescribed - MIZPAH CHARITABLE TRUST VERSUS UNION OF INDIA 2022 (9) TMI 856 - DELHI HIGH COURT Prohibition of acceptance of foreign contribution [ Section 38 of FCRA, 2010 ] Type of Offences Any person have been convicted any offence under section 35 or section 37 such offence relates to the acceptance or utilisation of foreign contribution and is again convicted of such offence Penalty Such person shall not accept any foreign contribution for a period of five year from the date of the subsequent conviction. Bar on prosecution of offences under the Act [ Section 40 of FCRA, 2010 ] No court shall take cognizance of any offence under this Act, except with the previous sanction of the Central Government or any officer authorised by that Government in this behalf. Following have been authorised to accord previous sanction for prosecution (i) Union Home Secretary in respect of offences investigated by CBI (ii) Home secretary of state Government concerned in respect of offences investigated by the investing agencies (crime Branch) of the State Government. [ Notification no. S.O. 2445(E) dated 27/10/2021 ]
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