Officer competent for compounding specified for Foreign Contribution (Regulation) Act - Seeks to supersession Notification No. S.O. 2291(E), dated the 5th June, 2018 - S.O. 3025(E) - Indian Law

MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 1st July, 2022 S.O. 3025(E). In exercise of the powers conferred by sub-section (1) of section 41 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) and in supersession of the notification of the Government of India, Ministry of Home Affairs published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide S.O. 2291(E), dated the 5th June, 2018 , except as respects things done or omitted to be done before such supersession, the Central Government hereby specifies the officer in column (4) of the Table, who may, before institution of any prosecution under the said Act, compound the offences under the said Act specified in column (2), on payment of the amount specified in column (3), of the said Table, namely:- TABLE Sr. No. Offence Amount of Penalty Officer competent for compounding (1) (2) (3) (4) 1. Offence punishable under section 35 for accepting any hospitality in contravention of section 6 of the Act. Ten thousand rupees Director, or as the case may be, the Deputy Secretary in-charge of the section responsible for the administration of the Act. 2. Offence punishable under section 37 for transferring any foreign contribution to any other person in contravention of section 7 of the Act or any rule made thereunder: Provided that transfer of foreign contribution (inclusive of more than one instances of transfer, if any) shall be compoundable only once. One lakh rupees or ten per cent. of such transferred foreign contribution, whichever is higher. Director, or as the case may be, the Deputy Secretary in-charge of the section responsible for the administration of the Act. 3. Offence punishable under section 37 for defraying of foreign contribution beyond twenty per cent of the contribution received for administrative expenses in contravention of section 8 of the Act. One lakh rupees or five per cent. of such foreign contribution so defrayed beyond the permissible limit, whichever is higher. Director, or as the case may be, the Deputy Secretary in-charge of the section responsible for the administration of the Act. 4. Offence punishable under section 35 for accepting foreign contribution in contravention of section 11 of the Act. One lakh rupees or thirty per cent. of the foreign contribution received, whichever is higher. Director, or as the case may be, the Deputy Secretary in-charge of the section responsible for the administration of the Act. 5. Offences punishable under section 37 read with section 17 of the Act for- (a) receiving foreign contribution in any account other than specified account in his application for grant of certificate; (b) non-reporting the prescribed amount of foreign remittance or source and manner of such remittance by banks and authorised persons. (c) receiving and depositing any fund other than foreign contribution in the account or accounts opened for receiving foreign contribution or for utilising the foreign contribution. One lakh rupees or five per cent. of the foreign contribution received in such account, whichever is higher; One lakh rupees or three per cent. of the foreign contribution received or deposited in such account, whichever is higher. One lakh rupees or two per cent. of such deposit, whichever is higher. Director, or as the case may be, the Deputy Secretary in-charge of the section responsible for the administration of the Act. Director, or as the case may be, the Deputy Secretary in-charge of the section responsible for the administration of the Act. Director, or as the case may be, the Deputy Secretary in-charge of the section responsible for the administration of the Act. 6. Offence punishable under section 37 for non-furnishing of intimation of the amount of each foreign contribution received and the source from which and in the manner in which, such foreign contribution is received as required under section 18 of the Act. One lakh rupees or five per cent. of the foreign contribution received during the period of non submission, whichever is higher. Director, or as the case may be, the Deputy Secretary in-charge of the section responsible for the administration of the Act. 7. Offence punishable under section 37 for not maintaining the account and records of foreign contribution received and manner of its utilisation as required section 19 of the Act. One lakh rupees or five per cent. of the foreign contribution during the relevant period of non-maintenance of accounts, whichever is higher. Director, or as the case may be, the Deputy Secretary in-charge of the section responsible for the administration of the Act. 8. Offence punishable under sections 3, 11 and 35 of the Act read with rule 6 for failure to intimate about receipt of foreign contribution within the prescribed time limit. Five per cent. of such foreign contribution received in a financial year. The Director, or as the case may be, the Deputy Secretary in-charge of the section responsible for the administration of the Act. 9. Offence punishable under section 37, section 17 and section 19 of the Act read with clause (e) of sub-rule (1) of rule 9 for failure to intimate about opening of account or accounts within the prescribed time. Ten thousand rupees per utilisation account for failure to intimate within the prescribed time. The Director, or as the case may be, the Deputy Secretary in-charge of the section responsible for the administration of the Act. 10. Offence punishable under section 37, section 17 and section 19 of the Act read with clause (e) of sub-rule (2) of rule 9 for failure to intimate about opening of account or accounts within the prescribed time. Ten thousand rupees per utilisation account for failure to intimate within the prescribed time. The Director, or as the case may be, the Deputy Secretary in-charge of the section responsible for the administration of the Act. 11. Offence punishable under section 37, section 11 and section 17 of the Act read with rule 17A, for failure to intimate about details within the prescribed time. Ten thousand rupees for each violation of failure to intimate within the prescribed time. The Director, or as the case may be, the Deputy Secretary in-charge of the section responsible for the administration of the Act. 12. Offence punishable under section 37 and section 19 of the Act read with rule 13, for failure to place on website as prescribed in clause (a) of rule 13 within the prescribed time. Ten thousand rupees for each violation. The Director, or as the case may be, the Deputy Secretary in-charge of the section responsible for the administration of the Act. 2. The amount of penalty computed under column (3) of the Table in respect of any offence or offences referred to in column (2) thereof shall not be more than the value of the foreign contribution received. 3. The application to compound offences specified above may be processed in physical or electronic form as may be specified by the Government. [F. No. II/21022/23 (04)/2021-FCRA-III] V.S. RANA, Director (FCRA)