Section 42 FCRA: Power to Call for Information or Document

Section 42 of the Foreign Contribution (Regulation) Act, 2010 gives a specifically authorised inspecting officer powers to obtain information, documents or things and to examine persons during an inspection connected with a suspected contravention of the Act.

At a glance: Section 42 is an inspection-related information-gathering provision. Its operation is linked to an inspecting officer referred to in Section 23 and to authorisation by the Central Government.

Text and meaning of Section 42

Under Section 42, an inspecting officer referred to in Section 23, when authorised for this purpose by the Central Government, may exercise specified powers during the course of an inspection of an account or record maintained by a political party, person, organisation or association in connection with a contravention of the FCRA.

The three powers under Section 42

Call for information: the officer may call for information from any person for the purpose of satisfying himself whether there has been a contravention of the Act or of any rule or order made under it.
Require production or delivery: the officer may require any person to produce or deliver any document or thing useful or relevant to the inspection.
Examine persons: the officer may examine any person acquainted with the facts and circumstances of the case related to the inspection.

How Section 42 works with Section 23

Section 42 does not create a general, unrestricted power to demand information. The provision identifies an inspecting officer referred to in Section 23 and additionally requires that officer to be authorised in this behalf by the Central Government. The Section 42 powers are exercisable during the course of the relevant inspection.

Who may act? An inspecting officer referred to in Section 23 who is authorised by the Central Government for the purpose.

When? During an inspection connected with a contravention of a provision of the FCRA.

What may be sought? Information, relevant or useful documents or things, and examination of persons acquainted with the facts.

Scope of the information and documents

The statutory language links the information sought to determining whether the FCRA, or a rule or order made under it, has been contravened. For documents or things, Section 42 uses the test of whether they are useful or relevant to the inspection. The examination power similarly concerns a person acquainted with facts and circumstances related to the inspection.

Practical significance

Section 42 supports an inspection by allowing the authorised officer to obtain material needed to understand the relevant accounts, records, transactions and surrounding facts. It should therefore be read in the context of the inspection provisions of the FCRA rather than as a stand-alone compliance or registration requirement.

Current FCRA framework

The Foreign Contribution (Regulation) Act, 2010 remains the principal statute governing foreign contribution and foreign hospitality. It has been amended, including by the Foreign Contribution (Regulation) Amendment Act, 2020. The Ministry of Home Affairs also maintains the FCRA Online Services portal containing the Act, Rules, amendments, notifications and online services. Readers dealing with a live compliance or inspection matter should check the current official materials because rules, forms, notifications and procedures may be amended from time to time.

Related FCRA provisions

For context, see Section 41 - Composition of certain offences, Section 43 - Investigation into cases under the Act, and Section 44 - Returns by prescribed authority to Central Government.

Note: This article explains the statutory provision for general legal information. For a specific inspection, notice or proceeding, the applicable authorisation, records and current statutory or regulatory material should be examined.