Explain the provisions of section 5 of the Foreign Contribution (Regulation) Act, 2010 relating to procedure to notify on Organization of a political nature.

CS Executive · Economic, Commercial and Intellectual Property Laws · PYQS · December 2023
Explain the provisions of section 5 of the Foreign Contribution (Regulation) Act, 2010 relating to procedure to notify on Organization of a political nature.

Answer & Explanation:

According to Section 5(1) of the Foreign Contribution (Regulation) Act, 2010 , the Central Government may, having regard to the activities or ideology propagated by an organisation or its association with any political party, by an order published in the Official Gazette, specify such organisation as an organisation of a political nature not being a political party. The Central Government may frame rules specifying the grounds for such specification. As per Section 5(2) , before making such an order, the Central Government shall give the organisation a written notice informing it of the grounds for the proposed specification. Section 5(3) states that the organisation served with a notice under sub-section (2) may, within thirty days, make a representation to the Central Government. The Central Government may entertain a representation after thirty days if there was sufficient cause for delay. Section 5(4) provides that the Central Government may, if appropriate, forward the representation to any authority for a report. The Central Government, after considering the representation and the report, may specify such organisation as an organisation of a political nature and make an order under sub-section (1). Every order under sub-section (1) shall be made within one hundred and twenty days from the date of issue of notice under sub-section (2). If no order is made within this period, the Central Government shall, after recording reasons, make an order within sixty days from the expiry of the said period of one hundred and twenty days.

Topics: Foreign Contribution (Regulation) Act, 2010

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