42. Power to call for information or document.—Any inspecting officer referred to in section 23
who is authorised in this behalf by the Central Government may, during the course of any inspection of
any account or record maintained by any political party, person, organisation or association in connection
with the contravention of any provision of this Act,—
(a) call for information from any person for the purpose of satisfying himself whether there has
been any contravention of the provisions of this Act or rule or order made thereunder;
(b) require any person to produce or deliver any document or thing useful or relevant to such
inspection;
(c) examine any person acquainted with the facts and circumstances of the case related to the
inspection.
43. Investigation into cases under the Act.—Notwithstanding anything contained in the Code of
Criminal Procedure, 1973 (2 of 1974), any offence punishable under this Act may also be investigated
into by such authority as the Central Government may specify in this behalf and the authority so specified
shall have all the powers which an officer-in-charge of a police station has while making an investigation
into a cognizable offence.
44. Returns by prescribed authority to Central Government.—The prescribed authority shall
furnish to the Central Government at such time and in such form and manner such returns and statements
as may be prescribed.
45. Protection of action taken in good faith.—No suit or other legal proceedings shall lie against
the Central Government or the authority referred to in section 44 or any of its officers in respect of any
loss or damage caused or likely to be caused by anything which is in good faith done or intended to be
done in pursuance of the provisions of this Act or, any rule or order made thereunder.
46. Power of Central Government to give directions.—The Central Government may give such
directions as it may deem necessary to any other authority or any person or class of persons regarding the
carrying into execution of the provisions of this Act.
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47. Delegation of powers.—The Central Government may, by notification, direct that any of its
powers or functions under this Act, except power to make rules under section 48, shall, in relation to such
matters and subject to such conditions, if any, may be specified in the notification, be exercised or
discharged also by such authority as may be specified.
48. Power to make rules.— (1) The Central Government may, by notification, make rules for
carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the value of the article which may be specified under sub-clause (i) of clause (h) of
sub-section (1) of section 2;
(b) the authority which may be specified under clause (p) of sub-section (1) of section 2;
(c) acceptance or retention of gift or presentation under clause (d) of section 4;
(d) guidelines specifying the ground or grounds on which an organisation may be specified as an
organisation of political nature under sub-section (1) of section 5;
(e) the activities or business which shall be construed as speculative business under the proviso to
clause (a) of sub-section (1) of section 8;
(f) the elements and the manner in which the administrative expenses shall be calculated under
sub-section (2) of section 8;
(g) the time within which and the manner in which any person or class of persons or an
association may be required to furnish intimation regarding the amount of foreign contribution
received under clause (c) of section 9;
(h) the time within which and the manner in which any person or class of persons may be
required to furnish intimation regarding foreign hospitality under clause (e) of section 9;
(i) the manner in which the copy of the order of the Central Government shall be served upon any
person under section 10;
(j) the form and manner in which the application for grant of certificate of registration or giving
of prior permission under sub-section (1) of section 12;
(k) the fee to be accompanied by the application under sub-section (1) of section 12;
(l) the terms and conditions for granting a certificate or giving prior permission under clause (g)
of sub-section (4) of section 12;
(m) the manner of utilising the foreign contribution under clause (b) of sub-section (2) of
section 13;
(n) the authority with whom the foreign contribution to be vested under sub-section (1) of
section 15;
(o) the period within which and the manner in which the foreign contribution shall be managed
under sub-section (2) of section 15;
(p) the form and manner in which the application for a renewal of certificate of registration shall
be made under sub-section (2) of section 16;
(q) the fee to be accompanied by the application for renewal of certificate under sub-section (2) of
section 16;
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(r) the prescribed amount of foreign remittance, the form and manner in which the foreign
remittance received by every bank or authorised person in foreign exchange shall be reported under
sub-section (2) of section 17;
(s) the time within which and the manner in which the person who has been granted certificate of
registration or given prior permission under this Act shall give intimation under section 18;
(t) the form and manner in which account of any foreign contribution and the manner in which
such contribution has been utilised shall be maintained under section 19;
(u) the time within which and the manner in which a candidate for election shall give intimation
under section 21;
(v) the manner and procedure to be followed in disposing of the assets under section 22;
(w) the limits subject to which any confiscation may be adjudged under clause (b) of
sub-section (1) of section 29;
(x) the fee to be accompanied along with every application for revision under sub-section (5) of
section 32;
(y) the form and manner for making of an application for compounding of an offence and the fee
therefor under sub-section (4) of section 41;
(z) the form and manner in which and the time within which returns and statements to be
furnished by the prescribed authority under section 44;
(za) any other matter which is required to be, or may be, prescribed.
49. Orders and rules to be laid before Parliament.—Every order made under section 5 and every
rule made by the Central Government under this Act shall be laid, as soon as may be after it is made,
before each House of Parliament while it is in session for a total period of thirty days which may be
comprised in one session or in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both Houses agree in making any
modification in the order or rule or both Houses agree that the order or rule should not be made, the order
or rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so,
however, that any such modification or annulment shall be without prejudice to the validity of anything
previously done under that order or rule.
50. Power to exempt in certain cases.—If the Central Government is of opinion that it is necessary
or expedient in the interests of the general public so to do, it may, by order and subject to such conditions
as may be specified in the order, exempt any person or association or organisation (not being a political
party), or any individual (not being a candidate for election) from the operation of all or any of the
provisions of this Act and may, as often as may be necessary, revoke or modify such order.
51. Act not to apply to certain Government transactions.—Nothing contained in this Act shall
apply to any transaction between the Government of India and the Government of any foreign country or
territory.
52. Application of other laws not barred.—The provisions of this Act shall be in addition to, and
not in derogation of, the provisions of any other law for the time being in force.
53. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order, published in the Official Gazette, make such provisions
not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty:
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Provided that no order shall be made under this section after the expiry of two years from the
commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each
House of Parliament.
54. Repeal and saving.—(1) The Foreign Contribution (Regulation) Act, 1976 (49 of 1976)
(hereafter referred to as the repealed Act) is hereby repealed.
(2) Notwithstanding such repeal,—
(a) anything done or any action taken or purported to have been done or taken under the repealed
Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been
done or taken under the corresponding provisions of this Act;
(b) any organisation of a political nature, not being a political party, to whom the prior permission
was granted under section 5 of the repealed Act, shall continue to be the organisation of a political
nature, not being a political party, under clause (f) of sub-section (1) of section 3 of this Act, till such
permission is withdrawn by the Central Government;
(c) permission to accept foreign hospitality granted under section 9 of the repealed Act shall be
deemed to be the permission granted under section 6 of this Act until such permission is withdrawn
by the Central Government;
(d) any association prohibited from accepting any foreign contribution under clause (a) of
section 10 of the repealed Act, in so far as it is not inconsistent with the provisions of this Act, shall
be deemed to be an association prohibited from accepting any foreign contribution under section 9 of
this Act;
(e) permission obtained under clause (b) of section 10 of the repealed Act shall, in so far as it is
not inconsistent with the provisions of this Act, be deemed to be the permission until such permission
is withdrawn by the Central Government;
(f) any order issued under section 12 of the repealed Act shall be deemed to be an order issued
under section 10 of this Act;
(g) any order issued under section 31 of the repealed Act exempting any association or any
individual shall be deemed to be an order under section 50 of this Act till such order is varied or
revoked.
(3) Save as provided in sub-section (2), mention of particular matters in that sub-section shall not be
held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897
(10 of 1897), with regard to the effect of repeal.