Foreign Contribution (Regulation) Act, 2010 | Act 42 of 2010

Section 49 FCRA 2010: Orders and Rules to Be Laid Before Parliament

Section 49 of the Foreign Contribution (Regulation) Act, 2010 (FCRA) provides for parliamentary oversight of specified orders and rules made by the Central Government. It sets out when these instruments must be placed before both Houses of Parliament, the period of scrutiny and the effect of modification or annulment.

Text of Section 49 - Orders and rules to be laid before Parliament

Every order made under section 5 and every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the order or rule or both Houses agree that the order or rule should not be made, the order or rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order or rule.

Meaning and explanation of Section 49

The provision creates a mechanism of legislative scrutiny over delegated powers under the FCRA. Although the Central Government makes the relevant orders and rules, Parliament retains the ability to modify or annul them through agreement of both Houses within the specified period.

Instruments covered: Every order made under Section 5 and every rule made by the Central Government under the Act must be laid before Parliament. The provision does not say that every administrative order under the FCRA is covered.
Both Houses: The order or rule must be laid before the Lok Sabha and the Rajya Sabha as soon as may be after it is made, while Parliament is in session.
Thirty days: The aggregate laying period is 30 days, which may fall in one session or two or more successive sessions; it need not be 30 consecutive calendar days.
Modification or annulment: Both Houses must agree on a modification or that the order or rule should not have been made, within the period specified in Section 49.
Earlier actions protected: Any modification or annulment does not invalidate things already done under the order or rule before that change.

Section 5 - Procedure to notify an organisation of a political nature

Section 5 deals with the Central Government's procedure for notifying an organisation as being of a political nature, although it is not a political party. Orders made under this section are expressly subject to the parliamentary laying requirement in Section 49.

Section 48 - Power to make rules

Section 48 authorises the Central Government to make rules, by notification, for carrying out the provisions of the FCRA. Rules made under that power are subject to Section 49, including the laying and scrutiny requirements.

Section 53 - Power to remove difficulties

Section 53(2) separately requires orders made under Section 53 to be laid before each House of Parliament. Its wording differs from the detailed 30-day modification and annulment mechanism in Section 49.

Practical significance

Section 49 is important when examining FCRA subordinate legislation and notifications. To assess the legal position of a particular rule or Section 5 order, readers should check the original Gazette notification, subsequent amendments and any parliamentary modification or annulment. Laying before Parliament is a statutory oversight step; Section 49 does not itself establish a general requirement for advance parliamentary approval of every rule.

Official FCRA law and resources

Updated: 7 October 2026. Refer to the latest Gazette notifications and official FCRA publications for the position applicable to a specific order or rule.