Section 47 FCRA 2010 - Delegation of Powers
Section 47 of the Foreign Contribution (Regulation) Act, 2010 authorises the Central Government to delegate specified powers or functions under the Act to another authority through a notification, subject to the matters and conditions stated in that notification.
Text and meaning of Section 47
Section 47 - Delegation of powers. The Central Government may, by notification, direct that any of its powers or functions under the Act, except the power to make rules under Section 48, may also be exercised or discharged by an authority specified in the notification, in relation to the matters and subject to the conditions specified in that notification.
In practical terms, Section 47 is an enabling provision. It allows the Central Government to distribute the exercise of particular statutory powers or functions for administration of the FCRA without transferring the rule-making power conferred by Section 48.
Key elements of Section 47
- Delegating authority: The power to delegate belongs to the Central Government.
- Method: Delegation must be made by notification.
- Scope: The notification may identify the particular FCRA powers or functions that another authority may exercise or discharge.
- Limits and conditions: The delegation operates only for the matters and subject to the conditions stated in the notification.
- Express exception: The power to make rules under Section 48 is excluded from delegation under Section 47.
What does "delegation of powers" mean?
Delegation of powers means statutory authority given to the Central Government to permit another specified authority to exercise or discharge identified governmental powers or functions. The authority receiving the delegated power must act within the scope and conditions of the relevant notification.
Why is Section 48 excluded?
Section 48 is the FCRA provision empowering the Central Government to make rules for carrying out the provisions of the Act. Section 47 expressly keeps that rule-making power outside its delegation mechanism. Accordingly, a notification under Section 47 cannot be used to delegate the Central Government's Section 48 power to make FCRA rules.
Importance of the notification
A Section 47 delegation is notification-based. Therefore, when considering whether a particular authority can exercise a Central Government power under the FCRA, the relevant notification should be checked for the authority named, the power or function delegated, the matters covered, and any conditions or limitations attached to the delegation.
Official FCRA resources
For the current statutory text, rules, notices and online FCRA services, refer to the official Government of India resources below. Where the validity or scope of a delegation is material, the applicable Gazette or government notification should also be verified.
India Code | FCRA Online Services, Ministry of Home Affairs | Ministry of Home Affairs Notifications