Section 21 FCRA 2010: Intimation by Candidate for Election
Section 21 of the Foreign Contribution (Regulation) Act, 2010 requires a candidate for election to disclose specified foreign contribution received during the 180 days immediately before the date on which the person is duly nominated as a candidate. Rule 18 of the Foreign Contribution (Regulation) Rules, 2011 prescribes Form FC-1, electronic filing and a 45-day period from the date of nomination.
Text and meaning of Section 21
Section 21 applies where a candidate for election had received foreign contribution at any time during the 180 days immediately preceding the date on which the candidate is duly nominated.
The candidate must intimate the prescribed authority about the amount received, the source, the manner of receipt, the purpose for which it was received, and the manner in which it was utilised.
The provision is designed to require disclosure of foreign contribution connected with the period immediately preceding formal nomination. The reporting obligation is triggered by nomination as a candidate and looks back over the preceding 180 days.
Rule 18: Form FC-1 and 45-day filing period
Rule 18 of the Foreign Contribution (Regulation) Rules, 2011 gives practical effect to Section 21. The prescribed particulars are to be furnished in Form FC-1 in electronic form within 45 days from the date on which the person is duly nominated as a candidate for election.
| Legal provision | Section 21, Foreign Contribution (Regulation) Act, 2010 |
|---|---|
| Who must report | A candidate for election who falls within the circumstances stated in Section 21 |
| Look-back period | 180 days immediately preceding the date of due nomination |
| Prescribed rule | Rule 18, Foreign Contribution (Regulation) Rules, 2011 |
| Prescribed form | Form FC-1 |
| Mode | Electronic filing |
| Time limit | Within 45 days from the date of due nomination as a candidate |
What information is disclosed in Form FC-1?
For a candidate for election, Form FC-1 seeks identifying and contact details, the date of nomination and particulars of foreign contribution received during the relevant 180-day period. The prescribed form covers details such as the nature and value of the contribution, its purpose, donor particulars and utilisation details.
Section 3 prohibition for candidates
Section 3(1)(a) of the FCRA provides that no foreign contribution shall be accepted by a candidate for election. This prohibition should be read together with Section 21. The reporting requirement under Section 21 does not create an exception to the prohibition in Section 3.
In practical terms, Section 21 addresses disclosure of foreign contribution received within the statutory look-back period before nomination, while Section 3 governs the prohibition on acceptance by a person who is a candidate for election.
Meaning of foreign contribution
The expression foreign contribution is defined in Section 2(1)(h) of the FCRA. Broadly, it covers donation, delivery or transfer made by a foreign source of an article, currency or foreign security, subject to the statutory wording, exclusions and explanations contained in the Act.
The expression foreign source is separately defined in Section 2(1)(j). Whether a particular receipt is foreign contribution therefore depends on the statutory definitions and the facts of the transaction.
How to comply with Section 21
- Identify the date on which the person was duly nominated as a candidate for election.
- Review the 180 days immediately preceding that date for any receipt that may constitute foreign contribution under the FCRA.
- Collect the amount or value, source, mode of receipt, purpose and utilisation particulars required by Section 21 and Form FC-1.
- Use the Ministry of Home Affairs FCRA online system for the prescribed electronic filing.
- Complete the Form FC-1 intimation within 45 days from the date of due nomination.
Official FCRA resources
Current Act, Rules, amendments, notifications, forms and online services should be checked from the official sources below:
- Ministry of Home Affairs - FCRA Online Services
- Ministry of Home Affairs - Foreigners-II Division (FCRA)
- Ministry of Home Affairs - Acts and Rules
Page reviewed and updated: 27 September 2026.