29A. Registration with the Election Commission of associations and bodies as political
parties.—(1) Any association or body of individual citizens of India calling itself a political party and
intending to avail itself of the provisions of this Part shall make an application to the Election
Commission for its registration as a political party for the purposes of this Act.
(2) Every such application shall be made,—
(a) if the association or body is in existence at the commencement of the Representation of the
People (Amendment) Act, 1988 (1 of 1989), within sixty days next following such commencement;
(b) if the association or body is formed after such commencement, within thirty days next
following the date of its formation.
(3) Every application under sub-section (1) shall be signed by the chief executive officer of the
association or body (whether such chief executive officer is known as Secretary or by any other
designation) and presented to the Secretary to the Commission or sent to such Secretary by registered
post.
(4) Every such application shall contain the following particulars, namely:—
(a) the name of the association or body;
(b) the State in which its head office is situate;
(c) the address to which letters and other communications meant for it should be sent;
(d) the names of its president, secretary, treasurer and other office-bearers;
(e) the numerical strength of its members, and if there are categories of its members, the
numerical strength in each category;
(f) whether it has any local units; if so, at what levels;
(g) whether it is represented by any member or members in either House of Parliament or of any
Stale Legislature; if so, the number of such member or members.
(5) The application under sub-section (1) shall be accompanied by a copy of the memorandum or
rules and regulations of the association or body, by whatever name called, and such memorandum or rules
and regulations shall contain a specific provision that the association or body shall bear true faith and
allegiance to the Constitution of India as by law established, and to the principles of socialism, secularism
and democracy, and would uphold the sovereignty, unity and integrity of India.
(6) The Commission may call for such other particulars as it may deem fit from the association or
body.
(7) After considering all the particulars as aforesaid in its possession and any other necessary and
relevant factors and after giving the representatives of the association or body reasonable opportunity of
being heard, the Commission shall decide either to register the association or body as a political party for
the purposes of this Part, or not so to register it; and the Commission shall communicate its decision to
the association or body:
Provided that no association or body shall be registered as a political party under this sub-section
unless the memorandum or rules and regulations of such association or body conform to the provisions of
sub-section (5).
(8) The decision of the Commission shall be final.
1. Ins. by Act 1 of 1989, s. 6 (w.e.f. 15-6-1989).
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(9) After an association or body has been registered as a political party as aforesaid, any change in its
name, head office, office-bearers, address or in any other material matters shall be communicated to the
Commission without delay.]
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[29B. Political parties entitled to accept contribution.—Subject to the provisions of the
Companies Act, 1956 (1 of 1956), every political party may accept any amount of contribution
voluntarily offered to it by any person or company other than a Government company:
Provided that no political party shall be eligible to accept any contribution from any foreign source
defined under clause (e) of section 2 of the Foreign Contribution (Regulation) Act, 1976 (49 of 1976).
Explanation.—For the purposes of this section and section 29C,—
(a) “company” means a company as defined in section 3;
(b) “Government company” means a company within the meaning of section 617; and
(c) “contribution” has the meaning assigned to it under section 293A, of the Companies Act, 1956
(1 of 1956) and includes any donation or subscription offered by any person to a political party; and
(d) “person” has the meaning assigned to it under clause (31) of section 2 of the Income-tax
Act, 1961 (43 of 1961), but does not include Government company, local authority and every
artificial juridical person wholly or partially funded by the Government.
29C. Declaration of donation received by the political parties.—(1) The treasurer of a political
party or any other person authorised by the political party in this behalf shall, in each financial year,
prepare a report in respect of the following namely:—
(a) the contribution in excess of twenty thousand rupees received by such political party from any
person in that financial year;
(b) the contribution in excess of twenty thousand rupees received by such political party from
companies other than Government companies in that financial year.
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[Provided that nothing contained in this sub-section shall apply to the contributions received by
way of an electoral bond.
Explanation.––For the purposes of this sub-section, “electoral bond” means a bond referred to in
the Explanation to sub-section (3) of section 31 of the Reserve Bank of India Act, 1934 (2 of 1934).]
(2) The report under sub-section (1) shall be in such form as may be prescribed.
(3) The report for a financial year under sub-section (1) shall be submitted by the treasurer of a
political party or any other person authorised by the political party in this behalf before the due date
for furnishing a return of its income of that financial year under section 139 of the Income-tax
Act, 1961 (43 of 1961) to the Election Commission.
(4) Where the treasurer of any political party or any other person authorised by the political party in
this behalf fails to submit a report under sub-section (3) then, notwithstanding anything contained in the
Income-tax Act, 1961 (43 of 1961), such political party shall not be entitled to any tax relief under that
Act.]