Gama is resident in India and citizen of India. He is going to receive the foreign contribution from US. Explain the foreign contribution and conditions under which he can receive such foreign contribution under Foreign

CS Executive · Economic, Commercial and Intellectual Property Laws · PYQS · June 2024
Gama is resident in India and citizen of India. He is going to receive the foreign contribution from US. Explain the foreign contribution and conditions under which he can receive such foreign contribution under Foreign Contribution (Regulation) Act, 2010?

Answer & Explanation:

According to Section 2(1)(h) the Foreign Contribution (Regulation) Act, 2010, Foreign Contribution means the donation, delivery or transfer made by any foreign source- Of any article, not being an article given to a person as a gift for his personal use, if market value, in India, of such article, on the date of such gift, is not more than such sum as may be specified from time to time, by the Central Government by the rules made by it in this behalf. Of any currency, whether Indian or Foreign currency. Of any security as defined u/s 2 (h) of the Securities Contracts (Regulations) Act, 1956 and includes any foreign security as defined u/s 2(o) of FEMA, 1999. Conditions to receive Foreign Contribution: Any person can receive foreign contribution subject to the following conditions: It must have a definite cultural, economic, educational, religious or social programme It must obtain the FCRA registration/prior permission from the Central Government. It must not be prohibited under section 3 of FCRA, 2010. It may be noted that "Person" includes- An individual: A Hindu undivided family: An association; A company registered under section 25/8 of the companies Act [Section 2(1)(m)]

Topics: Foreign Contribution (Regulation) Act, 2010 (FCRA)

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