Monday, February 2, 2015

Donation row: AAP has not violated any law

BJP has sharpened the attack on AAP after AVAM suspected the funding of Arvind Kejriwal led Aam Aadmi Party(AAP). In a press conference today, desperate BJP alleged that AAP has made a serious violation of various provisions in receiving donations from few companies.

But if we will go through the provisions of Representation of the People Act, 1951 and Companies Act, 2013 then no violation of any provision has been  made by AAP in receiving four cheques of 50 lakh each from four different Indian companies.



According to section 182 of Companies Act, 2013, A company, other than a Government company and a company which has been in existence for less than three financial years, may contribute any amount directly or indirectly to any political party:

Provided that the amount referred to in sub-section (1) or, as the case may be, the
aggregate of the amount which may be so contributed by the company in any financial year
shall not exceed seven and a half per cent. of its average net profits during the three immediately preceding financial years:

From the above provisions, it is clear that BJP is interpreting the law as per its own convenience. No provision of Companies Act, 2013 prohibits loss making companies to make a donation to a political party. This 7.5% is a maximum limit, not a minimum.

While, section 29B of Representation of People's Act, 1951 also doesn't make any prohibition on receiving any donation from loss making Indian Company.

Therefore, it is crystal clear that issueless BJP is making every possible attempt to defame the image of AAP but truth always prevails over negative campaign.

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