Section 54 of The Foreign Contribution (Regulation) Act, 2010
- (1)The Foreign Contribution (Regulation) Act, 1976 (49 of 1976) (hereafter referred to as the repealed Act) is hereby repealed.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- (a)anything done or any action taken or purported to have been done or taken under the repealed Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this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of a political nature, not being a political party, to whom the prior permission was granted under section 5 of the repealed Act, shall continue to be the organisation of a political nature, not being a political party, under clause (f) of sub-section (1) of section 3 of this Act, till such permission is withdrawn by the Central Government;
- (c)permission to accept foreign hospitality granted under section 9 of the repealed Act shall be deemed to be the permission granted under section 6 of this Act until such permission is withdrawn by the Central Government;
- (d)any association prohibited from accepting any foreign contribution under clause (a) of section 10 of the repealed Act, in so far as it is not inconsistent with the provisions of this Act, shall be deemed to be an association prohibited from accepting any foreign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- (e)permission obtained under clause (b) of section 10 of the repealed Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to be the permission until such permission is withdrawn by the Central Government;
- (f)any order issued under section 12 of the repealed Act shall be deemed to be an order issued under section 10 of this Act;
- (g)any order issued under section 31 of the repealed Act exempting any association or any individual shall be deemed to be an order under section 50 of this Act till such order is varied or revoked.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.
Summary
- This provision cancels the older Foreign Contribution (Regulation) Act from 1976.
- It saves actions and orders made under the old 1976 Act, treating them as if they were made under this new 2010 Act, as long as they do not conflict.
- Organisations classified as political under the old law keep that classification under the new law until the government withdraws it.
- Old permissions to accept foreign hospitality or foreign contributions remain valid under the new rules.
- Old bans preventing groups from taking foreign money also stay in place.
- It applies the rules of the General Clauses Act of 1897 regarding the effects of repealing a law.
Practical examples
FAQ
1. What law did Section 54 of The Foreign Contribution (Regulation) Act, 2010 replace?
Section 54 of The Foreign Contribution (Regulation) Act, 2010 officially repealed the older Foreign Contribution (Regulation) Act, 1976.
2. If I had permission to get funds under the old law, does Section 54 of the FCRA take it away?
No, Section 54 of the FCRA says old permissions obtained under the repealed Act are deemed to be permissions under the new Act, as long as they are not inconsistent.
3. Under Section 54 of the foreign funding law, what happens to old bans on accepting foreign money?
According to Section 54 of the foreign funding law, any association previously prohibited from accepting foreign contributions remains prohibited under the new Act.
4. Does Section 54 of the FCRA mention any other older laws to explain how repeals work?
Yes, Section 54 of the FCRA mentions section 6 of the General Clauses Act, 1897, which deals with the general effects of repealing a law.
Test yourself
Q1.Which specific law is repealed by Section 54 of The Foreign Contribution (Regulation) Act, 2010?
Q2.Under Section 54 of the FCRA, what happens to an order that was issued under section 31 of the repealed Act to exempt an association?
Q3.According to Section 54 of the foreign contribution law, an old action taken under the 1976 Act is saved only if it meets what condition?
Q4.Read Section 54 alongside Section 50 of The Foreign Contribution (Regulation) Act, 2010. If the government wants to cancel an old exemption saved by Section 54, what power allows them to do this?
Q5.Which Act is referenced in Section 54 of the FCRA to handle the general application of the repeal?