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Compounding of offence [ Section 41 ] - FCRA Ready Reckoner - FEMAExtract Compounding of offence Compounding of offence [ Section 41 of FCRA, 2010 read with Rule 21 of FC(R) Rules, 2011 ] Notwithstanding anything contained in the Code of Criminal Procedure, 1973 , any offence punishable under this Act (whether committed by an individual or association or any officer or employee thereof), not being an offence punishable with imprisonment only, may, before the institution of any prosecution, be compounded by such officers or authorities and for such sums as the Central Government may, In exercise of the powers conferred by Section 41(1) of the Foreign Contribution (Regulation) Act, 2010 , the Central Government hereby specifies the officer by In the Notification No. S.O. 3025(E) dated 01-07-2022 issued in the Official Gazette. [ Section 41(1) ] Compounding offence not apply Nothing in section 41( 1 ) shall apply to an offence committed by an individual or association or its officer or other employee within a period of three years from the date on which a similar offence committed by it or him was compounded under this section. For the Second or subsequent offence:- , any second or subsequent offence committed after the expiry of a period of three years from the date on which the offence was previously compounded, shall be deemed to be a first offence. [ Section 41(2) ] Every officer or authority referred to in section 41( 1 ) shall exercise the powers to compound an offence, subject to the direction, control and supervision of the Central Government. [ Section 41(3) ] Compounding Application Fee:- Every application for the compounding of an offence shall be made to the officer or authority referred to in section 41( 1 ) in such form and manner alongwith fee of Rs. 3000/-. [ Section 41(4) ] Condition to apply compounding:- Where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded. [ Section 41(5) ] Every officer or authority referred to in section 41( 1 ), while dealing with a proposal for the compounding of an offence for a default tin compliance with any provision of this Act which requires by an individual or association or its officer or other employee to obtain permission or file or register with, or deliver or send to, the Central Government or any prescribed authority any return, account or other document, may, direct, by order, if he or it thinks fit to do so, any individual or association or its officer or other employee to file or register with, such return, account or other document within such time as may be specified in the order. [ Section 41(6) ] Compounding application made to authority:- An application for compounding of an offence under section 41 may be made to the Secretary, Ministry of Home Affairs, New Delhi in electronic form and shall be accompanied by fee of rupees three thousand only, which shall be paid through the payment gateway specified by the Central Government. [ Rule 21 of FC(R) Rules, 2011 ] Threshold limit of Compounding amount:- The amount of penalty computed in respect of any offences shall not be more than the value of the foreign contribution received.
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