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Foreign Contribution (Regulation) (Second Amendment) Rules, 2019

Ministry of Home Affairs Notification dated the 16th September, 2019 (Date of publication in the Official Gazette: 16th September, 2019).—

G.S.R. 659(E).—In exercise of the powers conferred by section 48 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010), the Central Government hereby makes the following rules further to amend the Foreign Contribution (Regulation) Rules, 2011, namely:-

1. Short title and commencement.—
(1) These rules may be called the Foreign Contribution (Regulation) (Second Amendment) Rules, 2019.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Foreign Contribution (Regulation) Rules, 2011, —

(i) in rule 6A, for the words “rupees twenty-five thousand”, the words “one lakh rupees” shall be substituted;

(ii) in rule 7, in sub-rule (4), for the words “sixty days”, the words “one month” shall be substituted;

(iii) in rule 9, in sub-rule (1), in clause (a), —
 (A) after the letters and figure “FC-3A”, the words and letters “with an affidavit executed by each office bearer and key functionary and member in Proforma ‘AA’ appended to these rules” shall be inserted;
 (B) after the letters and figure “FC-3B”, the words and letters “with an affidavit executed by each office bearer and key functionary and member in Proforma ‘AA’ appended to these rules” shall be inserted;

(iv) in rule 12, in sub-rule (2), after the letters and figure “FC-3C”, the words and letters “with an affidavit executed by each office bearer and key functionary and member in Proforma ‘AA’ appended to these rules” shall be inserted;

(v) in Form FC-3A, under the heading ‘Declaration and Undertaking’, after clause (b), the following clause shall be inserted, namely:-
 “(c) I hereby certify that the office bearers and key functionaries and members fulfill all the eligibility criteria laid out in sub-section (4) of section 12 of the Foreign Contribution (Regulation) Act, 2010 and an affidavit executed by each office bearer and key functionary and member in Proforma ‘AA’ is uploaded with this application form.”;

(vi) in Form FC-3B, under the heading ‘Declaration and Undertaking’, after clause (b), the following clause shall be inserted, namely:-
 “(c) I hereby certify that the office bearers and key functionaries and members fulfill all the eligibility criteria laid out in sub-section (4) of section 12 of the Foreign Contribution (Regulation) Act, 2010 and an affidavit executed by each office bearer and key functionary and member in Proforma ‘AA’ is uploaded with this application form.”;

(vii) in Form FC-3C, under the heading ‘Declaration and Undertaking’, after clause (b), the following clause shall be inserted, namely:-
 “(c) I hereby certify that the office bearers and key functionaries and members fulfill all the eligibility criteria laid out in sub-section (4) of section 12 of the Foreign Contribution (Regulation) Act, 2010 and an affidavit executed by each office bearer and key functionary and member in Proforma ‘AA’is uploaded with this application form.”;

(viii) after Form FC-6E, the following shall be inserted, namely:-

“Proforma ‘AA’
(See rules 9, 12, Forms FC-3A, FC-3B and FC-3C)

[To be executed by each office bearer and key functionary and member individually on non-judicial stamp paper of Rs.10/- and attested by a Notary Public or 1st Class Magistrate]

AFFIDAVIT

 I, ……….. (name of the Chief Functionary / Chairperson/ President/Secretary/ Chief Executive Officer/ Managing Director/office bearer/key functionary/member), son/daughter/wife of ………………………………., resident of ………………………., having Aadhaar Number /PAN Card Number / Passport Number / Voter Identity Card Number/ Driving Licence Number ……………… as the identity proof, do hereby solemnly affirm on oath that I am the Chief Functionary / Chairperson/ President/Secretary/ Chief Executive Officer/ Managing Director/office bearer/ key functionary/ member (whichever is applicable) of ………………………………………………... (name of the applicant organisation), having its registered office at ………………………………………. , and I have read and understood the provisions of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) and confirm that all the conditions as stipulated in sub-section (4) of section 12 of the said Act are fulfilled.

 2. I also undertake to report to the Secretary to the Government of India, Ministry of Home Affairs, Foreigners Division (Foreign Contribution Regulation Act Wing) about any violation of the provisions of sub-section (4) of section 12 of the Foreign Contribution (Regulation) Act, 2010 by the applicant organisation or any of its members or office bearers or key functionaries that comes to my knowledge.

 3. I also understand that submission of any false or misleading information shall be punishable under the applicable law.

Place: ___________
Date:____________
Deponent

VERIFICATION

I, ……………………………., above named deponent do hereby verify that the contents of the aforesaid paragraphs 1 to 3 are true to the best of my knowledge and nothing has been concealed therefrom.

Verified at ………………………….. on this the ………day of ……………………………

Place: ___________
Date:____________
Deponent”.


Note: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide notification number G.S.R. 349(E), dated the 29th April, 2011 and subsequently amended vide G.S.R. 292 (E), dated the 12th April, 2012, G.S.R. 966(E), dated the 14th December, 2015 and G.S.R. 199(E), dated the 7th March, 2019.

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