Section 30 FCRA: Procedure for Confiscation

Section 30 of the Foreign Contribution (Regulation) Act, 2010 protects a person from an order of confiscation being made without first giving that person a reasonable opportunity to make a representation against the proposed confiscation.

Updated: 27 September 2026

Section 30 of the Foreign Contribution Regulation Act 2010

Procedure for confiscation. No order of adjudication of confiscation shall be made unless a reasonable opportunity of making a representation against such confiscation has been given to the person from whom any article or currency or security has been seized.

Meaning and scope of Section 30

Section 30 is a procedural safeguard in Chapter VI of the FCRA, which deals with adjudication. It applies when an article, currency or security has been seized and confiscation is proposed under the statutory scheme contained in Sections 28 and 29.

The provision requires that, before an order adjudicating confiscation is made, the person from whom the article, currency or security was seized must receive a reasonable opportunity to make a representation against confiscation. In practical terms, the affected person must be given an opportunity to place objections or an explanation before the confiscation is finally adjudicated.

Key safeguard: Section 30 does not itself create the power of confiscation. It regulates the procedure by requiring an opportunity to make a representation before the adjudicating authority makes the confiscation order.

How Sections 28, 29 and 30 work together

Section 28 - Liability to confiscation

Section 28 deals with confiscation of an article, currency or security seized under Section 25. Such property becomes liable to confiscation when it is adjudged under Section 29 to have been received or obtained in contravention of the FCRA.

Section 29 - Adjudication of confiscation

Section 29 identifies the authority that may adjudge confiscation and deals with the order that may be made after adjudication. The Court of Session may adjudge confiscation without limit, while an officer specified under Section 29(1)(b) may do so subject to the prescribed limits and statutory conditions.

Section 30 - Opportunity to make a representation

Section 30 operates before the confiscation adjudication order is made. Its express condition is that a reasonable opportunity to make a representation against confiscation must be given to the person from whom the property was seized.

What is a reasonable opportunity under Section 30?

The Act uses the expression "reasonable opportunity of making a representation." The adequacy of the opportunity will depend on the facts and the procedure followed in the particular case. The central statutory requirement is that the affected person must have a meaningful opportunity to oppose the proposed confiscation before the adjudication order is made.

Section 30 should therefore be read as part of the adjudication process rather than as a separate confiscation power. The confiscation must arise under Sections 28 and 29, while Section 30 governs the opportunity that must precede the final adjudication order.

Appeal against an order under Section 29

Section 31 provides the appellate mechanism for a person aggrieved by an order made under Section 29. The appellate forum depends on whether the order was made by the Court of Session or by an officer specified under Section 29(1)(b). Section 31(1) prescribes a period of one month from communication of the order, subject to the limited further period stated in its proviso.

Related FCRA provisions

Official FCRA resources

For current statutory material, rules, notifications, online services and regulatory updates, refer to the official resources maintained by the Government of India.

This page is intended as a general legal information resource. For a specific confiscation proceeding, the applicable order, notice, facts, rules, notifications and current law should be examined together.