1. Prohibition on Political Activity
- Section 8 companies are strictly prohibited from engaging in political activities.
- Their primary objective must be charitable or non-profit, as defined under Section 8 of the Companies Act, 2013.
- They cannot promote or support any political party, nor participate in political campaigns or events.
- Any activity that compromises their impartial and public-serving nature is legally restricted.
- Political alignment or activism undermines their license conditions and can attract regulatory action.
2. Ban on Political Donations and Contributions
- A Section 8 company is not allowed to make contributions to political parties under Section 182 of the Companies Act.
- Unlike other companies, they are excluded from donating under the Electoral Bonds Scheme or any direct funding route.
- Donations in cash, kind, or services for political causes are strictly restricted.
- Violation may lead to penalties, cancellation of tax exemptions, or even license revocation.
- All funding must be used solely for the company’s stated non-political objectives.
3. Restrictions on Use of Funds for Political Purposes
- Income, grants, and donations received by a Section 8 company must be utilized only for charitable purposes.
- Use of funds to influence electoral outcomes, support candidates, or lobby for political interests is forbidden.
- Expenditure should be traceable and transparent, especially if sourced from tax-exempt donations.
- Misuse of funds for political ends may result in audit scrutiny and tax liabilities.
- Statutory auditors must ensure compliance with this condition.
4. Limitations on Advocacy and Lobbying
- While Section 8 companies can engage in social advocacy or public awareness, they must remain non-partisan and issue-based.
- They can raise concerns related to the environment, education, or health, but not support political ideologies or figures.
- Lobbying for policy reform is allowed only if it aligns with charitable purposes and is not politically motivated.
- Public campaigns must avoid slogans, endorsements, or images that reflect party affiliation.
- The focus should remain on social betterment, not political influence.
5. Regulatory Oversight and Penalties
- The Registrar of Companies (ROC) and Regional Director (RD) have the authority to monitor and investigate compliance.
- Violation of political restrictions can result in the revocation of the Section 8 license, making the company ineligible for tax exemptions.
- Companies found involved in political work may face prosecution, fines, and the disqualification of directors.
- Annual filings and audits must confirm that no political activities or affiliations exist.
- Maintaining political neutrality is essential to protect the legal and ethical status of the company.
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