Notification/Circular No.: Bill No. 97 of 2026 dated March 25, 2026
Applicable Act/Rule: Foreign Contribution (Regulation) Act, 2010
Applicable Section/Rule: Sections 2, 3, 12, 12A, 13, 14A, 14B, 15, Chapter IIIA, 22, 26, 27, 35, 39, 43, 48, 53
The Bill further amends the Foreign Contribution (Regulation) Act, 2010. It provides for substitution of references to certain enactments, insertion and omission of definitions, modification of provisions relating to registration, prior permission, utilisation of foreign contribution, and changes relating to offences, penalties, and investigation. It also introduces provisions relating to cessation of certificate, omission of existing section 15, and insertion of a new framework under Chapter IIIA relating to vesting, management, and disposal of foreign contribution and assets.
The amendments apply to persons, associations, companies, and other entities governed under the Act, including key functionaries, designated authority, and administrator as defined under the amended provisions.
Section 2 is amended to insert definitions including “Administrator”, “Designated authority”, and “key functionary”, omit clause (f), substitute references to Companies Act, 1956 with Companies Act, 2013, and modify definition of “political party”.
Section 3 is amended to substitute the term “association or company” with “person” and update references to Bharatiya Nyaya Sanhita, 2023.
Section 12 is amended to substitute “directors or office bearers” with “key functionaries” and provide validity of certificate and prior permission.
Section 12A omits certain words relating to office bearers or directors.
Section 13 inserts a restriction on dealing with assets created out of foreign contribution without prior approval.
Section 14A omits certain provisions relating to vesting of management.
Section 14B is inserted to provide for cessation of certificate on expiry, non-renewal, or refusal.
“1) The certificate shall be deemed to have ceased on the expiry
of its period of validity if—
(a) the application for renewal has not been made under
sub-section (2) of section 16;
(b) the application for renewal has been made, but refused by the
Central Government under the second proviso to sub-section (3) of
section 16; or
(c) the certificate is not renewed before its expiry.
(2) No person whose certificate has ceased to exist shall either receive
or utilise the foreign contribution unless the certificate is renewed.”
Section 15 is omitted.
Chapter IIIA is inserted providing provisions for vesting of foreign contribution and assets in the Designated authority, including provisional and permanent vesting, management, supervision, disposal, and related procedures.
Section 22 is omitted.
Section 26 and 27 are amended to substitute references to Bharatiya Sakshya Adhiniyam, 2023 and Bharatiya Nagarik Suraksha Sanhita, 2023.
Section 35 is substituted to revise punishment provisions.
Section 39 is substituted to provide for offences by persons other than individuals and liability of key functionaries.
Section 43 is amended to require prior approval of Central Government for investigation.
Section 48 is amended to expand rule-making powers of the Central Government.
Section 53 is amended to insert provision for removal of difficulties
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