Section 31 FCRA 2010: Appeal
Section 31 of the Foreign Contribution (Regulation) Act, 2010 provides statutory appeal remedies against specified orders under the Act. The appellate forum and limitation period depend on the nature of the order challenged.
Updated: 27 September 2026
Meaning and scope of Section 31
Chapter VII of the FCRA 2010 deals with appeal and revision. Section 31 creates an appellate remedy in two broad situations: first, against an order under Section 29 concerning adjudication and confiscation; and second, against specified orders affecting persons, associations or organisations covered by the provisions referred to in Section 31(2).
Section 31(1): Appeal against an order under Section 29
Section 29 provides for adjudication of confiscation in relation to an article, currency or security seized under the Act. A person aggrieved by an order made under Section 29 may appeal under Section 31(1).
Where the Section 29 order is made by the Court of Session
The appeal lies to the High Court to which that Court of Session is subordinate.
Where the Section 29 order is made by the specified officer
If the order is made by an officer specified under Section 29(1)(b), the appeal lies to the Court of Session within whose local jurisdiction the adjudication order of confiscation was made.
Limitation under Section 31(1)
The appeal must be preferred within one month from the date on which the order is communicated to the aggrieved person.
The proviso permits the appellate court to admit the appeal during a further period of one month if it is satisfied that sufficient cause prevented filing within the original period. The statutory wording expressly states that the appeal cannot be allowed after that further one-month period.
Section 31(2): Appeal against specified FCRA orders
Section 31(2) provides a separate appeal to the jurisdictional High Court for the organisation, person or association described in that sub-section when aggrieved by the specified orders. These include an order made in pursuance of Section 5, refusal by the Central Government to give permission under the Act, an order under Section 12(2) or Section 12(4), or an order under Section 14(1), as applicable.
Who may use this remedy?
The provision refers to an organisation covered by Section 3(1)(f), and to a person or association referred to in Section 6 or Section 9, where such organisation, person or association is aggrieved by an order falling within Section 31(2).
Time limit and territorial jurisdiction
The appeal under Section 31(2) may be preferred within sixty days from the date of the order. It lies to the High Court within whose local limits the appellant ordinarily resides, carries on business or personally works for gain. For an organisation or association, jurisdiction is linked to the location of its principal office.
Section 31(3): Order XLI of the Code of Civil Procedure
Every appeal under Section 31 is deemed to be an appeal from an original decree. Consequently, the provisions of Order XLI of the First Schedule to the Code of Civil Procedure, 1908 apply, as far as may be, in the same manner as they apply to an appeal from an original decree.
Order XLI CPC contains the procedural framework for appeals from original decrees, including matters such as the form and presentation of an appeal, appellate proceedings and powers of the appellate court, subject to the text of Section 31 and other applicable law.
Section 31 FCRA at a glance
| Provision | Order challenged | Appellate forum | Limitation |
|---|---|---|---|
| Section 31(1)(a) | Section 29 order made by Court of Session | Jurisdictional High Court | One month from communication; further one month on sufficient cause, but not thereafter |
| Section 31(1)(b) | Section 29 order made by officer specified in Section 29(1)(b) | Jurisdictional Court of Session | One month from communication; further one month on sufficient cause, but not thereafter |
| Section 31(2) | Specified orders under Sections 5, 12 and 14, or refusal of permission, for persons or entities covered by the sub-section | Jurisdictional High Court | Sixty days from date of order |
| Section 31(3) | All appeals under Section 31 | Applicable appellate court | Order XLI CPC applies as far as may be |
Related provisions
Section 31 should be read with the Foreign Contribution (Regulation) Act, 2010 overview and the provisions governing the particular order being challenged. The next provision, Section 32, deals with revision of orders by the Central Government.