law: Foreign Contribution (Regulation) Act, 2010
  2. Definitions. -
  1.  
  
    In
  
  this Act, unless the context otherwise requires,--
  a.   "association"
  
  means an association of individuals, whether incorporated or not, having an
  
  office in India and includes a society, whether registered under the Societies
  
  Registration Act, 1860, or not, and any other organisation, by whatever name
  
  called;
  b.   "authorised
  
  person in foreign exchange" means an authorised person referred to in
  
  clause (c) of section 2 of the Foreign Exchange Management Act, 1999;
  c.   "bank"
  
  means a banking company as referred to in clause (c) of section 5 of the
  
  Banking Regulation Act, 1949;
  d.   "candidate for
  
  election" means a person who has been duly nominated as a candidate for
  
  election to any Legislature;
  e.   "certificate"
  
  means certificate of registration granted under sub-section (3) of section 12;
  f.   "company"
  
  shall have the meaning assigned to it under clause (17) of section 2 of the
  
  Income-tax Act, 1961;
  g.   "foreign
  
  company" means any company or association or body of individuals
  
  incorporated outside India and includes--
   
  
   i.  
  
    a
  
  foreign company within the meaning of section 591 of the Companies Act, 1956;
   
  
   ii.  
  
    a
  
  company which is a subsidiary of a foreign company;
   
  
   iii.  
  
    the
  
  registered office or principal place of business of a foreign company referred
  
  to in sub-clause (i) or company referred to in sub-clause (ii);
   
  
   iv.  
  
    a
  
  multi-national corporation.
  Explanation.--
  For the purposes of
  
  this sub-clause, a corporation incorporated in a foreign country or territory
  
  shall be deemed to be a multi-national corporation if such corporation,--
  a.   has a subsidiary or a
  
  branch or a place of business in two or more countries or territories;
  or
  b.   carries on business,
  
  or otherwise operates, in two or more countries or territories;
  a.  
  
  
  b.  
  
  
  c.  
  
  
  d.  
  
  
  e.  
  
  
  f.  
  
  
  g.  
  
  
  h.   "foreign
  
  contribution" means the donation, delivery or transfer made by any foreign
  
  source,--
   
  
   i.  
  
    of
  
  any article, not being an article given to a person as a gift for his personal
  
  use, if the 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;
   
  
   ii.  
  
    of
  
  any currency, whether Indian or foreign;
   
  
   iii.  
  
    of
  
  any security as defined in clause (h) of section 2 of the Securities Contracts
  
  (Regulation) Act, 1956 and includes any foreign security as defined in clause
  
  (o) of section 2 of` the Foreign Exchange Management Act, 1999.
  Explanation 1.-- A
  
  donation, delivery or transfer of any article, currency or foreign security
  
  referred to in this clause by any person who has received it from any foreign
  
  source, either directly or through one or more persons, shall also be deemed to
  
  be foreign contribution within the meaning of this clause.
  
  
  Explanation 2.-- The interest accrued on the foreign contribution deposited in
  
  any bank referred to in sub-section (1) of section 17 or any other income
  
  derived from the foreign contribution or interest thereon shall also be deemed
  
  to be foreign contribution within the meaning of this clause.
  Explanation 3.-- Any
  
  amount received, by any person from any foreign source in India, by way of fee
  
  (including fees charged by an educational institution in India from foreign
  
  student) or towards cost in lieu of goods or services rendered by such person
  
  in the ordinary course of his business, trade or commerce whether within India
  
  or outside India or any contribution received from an agent of a foreign source
  
  towards such fee or cost shall be excluded from the definition of foreign
  
  contribution within the meaning of this clause;
  a.  
  
  
  b.  
  
  
  c.  
  
  
  d.  
  
  
  e.  
  
  
  f.  
  
  
  g.  
  
  
  h.  
  
  
  i.   "foreign
  
  hospitality" means any offer, not being a purely casual one, made in cash
  
  or kind by a foreign source for providing a person with the costs of travel to
  
  any foreign country or territory or with free boarding, lodging, transport or
  
  medical treatment;
  j.   "foreign
  
  source" includes,--
   
  
   i.  
  
    the
  
  Government of any foreign country or territory and any agency of such
  
  Government;
   
  
   ii.  
  
    any
  
  international agency, not being the United Nations or any of its specialised
  
  agencies, the World Bank, International Monetary Fund or such other agency as
  
  the Central Government may, by notification, specify in this behalf;
   
  
   iii.  
  
    a
  
  foreign company;
   
  
   iv.  
  
    a
  
  corporation, not being a foreign company, incorporated in a foreign country or
  
  territory;
   
  
   v.  
  
    a
  
  multi-national corporation referred to in sub-clause (iv) of clause (g);
   
  
   vi.  
  
    a
  
  company within the meaning of the Companies Act, 1956, and more than one-half
  
  of the nominal value of its share capital is held, either singly or in the
  
  aggregate, by one or more of the following, namely:--
  A.   the Government of a
  
  foreign country or territory;
  B.   the citizens of a
  
  foreign country or territory;
  C.   corporations
  
  incorporated in a foreign country or territory;
  D.   trusts, societies or
  
  other associations of individuals (whether incorporated or not), formed or
  
  registered in a foreign country or territory;
  E.   foreign company;
   
  
   i.  
  
  
   
  
   ii.  
  
  
   
  
   iii.  
  
  
   
  
   iv.  
  
  
   
  
   v.  
  
  
   
  
   vi.  
  
  
   
  
   vii.  
  
    a
  
  trade union in any foreign country or territory, whether or not registered in
  
  such foreign country or territory;
   
  
   viii.  
  
    a
  
  foreign trust or a foreign foundation, by whatever name called, or such trust
  
  or foundation mainly financed by a foreign country or territory;
   
  
   ix.  
  
    a
  
  society, club or other association of individuals formed or registered outside
  
  India;
   
  
   x.  
  
    a
  
  citizen of a foreign country;
  a.  
  
  
  b.  
  
  
  c.  
  
  
  d.  
  
  
  e.  
  
  
  f.  
  
  
  g.  
  
  
  h.  
  
  
  i.  
  
  
  j.  
  
  
  k.   "Legislature"
  
  means --
  A.   either House of
  
  Parliament;
  B.   the Legislative
  
  Assembly of a State, or in the case of a State having a Legislative Council,
  
  either House of the Legislature of that State;
  C.   Legislative Assembly
  
  of a Union territory constituted under the Government of Union Territories Act,
  
  1963;
  D.   Legislative Assembly
  
  for the National Capital Territory of Delhi referred to in the Government of
  
  National Capital Territory of Delhi Act, 1991;
  E.   Municipality as
  
  defined in clause (e) of article 243P of the Constitution;
  F.   District Councils and
  
  Regional Councils in theStates of Assam, Meghalaya, Tripura and Mizoram as
  
  provided in the Sixth Schedule to the Constitution;
  G.   Panchayat as defined
  
  inclause (d) of article 243 of the Constitution; or
  H.   any other elective
  
  body as may be notified by the Central Government;
  a.  
  
  
  b.  
  
  
  c.  
  
  
  d.  
  
  
  e.  
  
  
  f.  
  
  
  g.  
  
  
  h.  
  
  
  i.  
  
  
  j.  
  
  
  k.  
  
  
  l.   "notification"
  
  means notification published in the Official Gazette and the expression
  
  "notify" shall be construed accordingly;
  m.   "person" includes--
   
  
   i.  
  
    an
  
  individual;
   
  
   ii.  
  
    a
  
  Hindu undivided family;
   
  
   iii.  
  
    an
  
  association;
   
  
   iv.  
  
    a
  
  company registered under section 25 of the Companies Act, 1956;
  a.  
  
  
  b.  
  
  
  c.  
  
  
  d.  
  
  
  e.  
  
  
  f.  
  
  
  g.  
  
  
  h.  
  
  
  i.  
  
  
  j.  
  
  
  k.  
  
  
  l.  
  
  
  m.  
  
  
  n.   "political
  
  party" means--
   
  
   i.  
  
    an
  
  association or body of individual citizens of India--
  A.   to be registered with
  
  the Election Commission of India as a political party under section 29A of the
  
  Representation of the People Act, 1951; or
  B.   which has set up
  
  candidates for election to any Legislature, but is not so registered or deemed
  
  to be registered under the Election Symbols (Reservation and Allotment) Order,
  
  1968;
   
  
   i.  
  
  
   
  
   ii.  
  
    a
  
  political party mentioned in column 2 of Table 1 and Table 2 to the
  
  notification of the Election Commission of India No.56/J&K/02, dated the
  
  8th August, 2002, as in force for the time being;
  a.  
  
  
  b.  
  
  
  c.  
  
  
  d.  
  
  
  e.  
  
  
  f.  
  
  
  g.  
  
  
  h.  
  
  
  i.  
  
  
  j.  
  
  
  k.  
  
  
  l.  
  
  
  m.  
  
  
  n.  
  
  
  o.   "prescribed"
  
  means prescribed by rules made under this Act;
  p.   "prescribed
  
  authority" means an authority specified as such by rules made by the
  
  Central Government under this Act;
  q.   "registered
  
  newspaper" means a newspaper registered under the Press and Registration
  
  of Books Act, 1867;
  r.   "relative"
  
  has the meaning assigned to it in clause (41) of section 2 of the Companies
  
  Act, 1956;
  s.   "scheduled
  
  bank" shall have the meaning assigned to it under clause (e) of section 2
  
  of the Reserve Bank of India Act, 1934;
  t.   "subsidiary"
  
  and "associate" shall have the meanings, respectively assigned to
  
  them in the Companies Act, 1956;
  u.   "trade
  
  union" means a trade union registered under the Trade Unions Act, 1926;
  1.  
  
  
  2.  Words
  
  and expressions used herein and not defined in this Act but defined in the
  
  Representation of the People Act, 1950 or the Representation of the People Act,
  
  1951 or the Foreign Exchange Management Act, 1999 shall have the meanings
  
  respectively assigned to them in those Acts.