Accountable Penalties In Respect Of Late Submission Of Annual Returns

MINISTRY OF HOME AFFAIRS

NOTIFICATION

New Delhi, the 16th June, 2016

S.O. 2133(E).—In exercise of the powers conferred by sub-section (1) of Section 41 read with section 35 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) and rule 17 of the Foreign Contribution (Regulation) Rules, 2011 and in supersession of the notification of the Government of India in the Ministry of Home Affairs number S.O. 1070(E), dated the 26th April, 2013, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-Section (ii), except as respects things done or omitted to be done before such supersession, the Central Government hereby notifies that officer specified in column (4) of the table below, may, before institution of any prosecution under this Act, compound the offences specified in column (2), on payment of the amount specified in column (3), of the said table, namely:—

TABLE

Sl. No.OffenceAmount of PenaltyOfficer competent for compounding(1)(2)(3)(4)1

Non-furnishing of return upto three months after the 31st December every year

Penalty of two percent of the amount of foreign contribution received during the financial year or ten thousand rupees, whichever is less

The Director or the Deputy Secretary in Charge of the Foreign Contribution (Regulation) Act Wing of Foreign Division in the Ministry of Home Affairs

2

Non-furnishing of return after three months upto six months after the 31st December every year

Penalty of three percent of the amount of foreign contribution received during the financial year or fifty thousand rupees, whichever is less

The Director or the Deputy Secretary in Charge of the Foreign Contribution (Regulation) Act Wing of Foreign Division in the Ministry of Home Affairs

3

Non-furnishing of return after six months upto one year after the 31st December every year

Penalty of four percent of the amount of foreign contribution received during the financial year or two Lakh rupees, whichever is less

The Director or the Deputy Secretary in Charge of the Foreign Contribution (Regulation) Act Wing of Foreign Division in the Ministry of Home Affairs

4

Non-furnishing of return after one year upto two years after the 31st December every year

Penalty of five percent of the amount of foreign contribution received during the financial year or five Lakh rupees, whichever is less

The Director or the Deputy Secretary in Charge of the Foreign Contribution (Regulation) Act Wing of Foreign Division in the Ministry of Home Affairs

5

Non-furnishing of return after two years upto three years after the 31st December every year

Penalty of ten percent of the amount of foreign contribution received during the financial year or ten Lakh rupees, whichever is less

The Director or the Deputy Secretary in Charge of the Foreign Contribution (Regulation) Act Wing of Foreign Division in the Ministry of Home Affairs

[F. No. II/21022/23(052)2014/FCRA-III]

G. K. DWIVEDI, Jt. Secy.