Reserve Bank of India

Central Government hereby specifies the officer, who may, before institution of any prosecution under Foreign Contribution (Regulation) Act, 2010, compound the specified offences.

MINISTRY OF HOME AFFAIRS

NOTIFICATION

New Delhi, the 5th June, 2018

S.O. 2291(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 notifications of the Government of India in the Ministry of Home Affairs numbers S.O. 1976(E), dated the 26th August, 2011 and S.O. 2133(E), dated the 16th June, 2016, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), 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 Act, compound the offences 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. Rs. 10,000/- 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. Rs. 1,00,000/- or 10% 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 fifty per cent of the contribution received for administrative expenses in contravention of section 8 of the Act. Rs. 1,00,000/- or 5% 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. Rs. 1,00,000/- or 10% 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;

Rs. 1,00,000/- or 5% of the foreign contribution received insuch account, 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.
(b) non-reporting the prescribed amount of foreign remittance or source and manner of such remittance by banks and authorised persons. Rs. 1,00,000/- or 3% of the foreign contribution received or deposited in such account, 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.
(c) receiving & depositing any fund other than foreign contribution in the account or accounts opened for receiving foreign contribution or for utilizing the foreign contribution. Rs. 1,00,000/- or 2% 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.
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. Rs. 1,00,000/- or 5% 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 on required section 19 of the Act. Rs. 1,00,000/- or 5% of the foreign contribution during therelevant 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.

2. In case more than one offence has been committed by a person, the total amount of compounding for such offences shall not be more than the value of the foreign contribution involved.

[F.No.11/21022/23(088)/2015-FCRA-III(A)]

SANTOSH SHARMA, Director (FCRA

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