Section 53 FCRA 2010: Power to Remove Difficulties
Section 53 of the Foreign Contribution (Regulation) Act, 2010 gave the Central Government a limited power to address practical difficulties in bringing the Act into operation. The provision itself restricted that power to the first two years after commencement of the Act.
Text of Section 53
53. Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty:
Provided that no order shall be made under this section after the expiry of two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
Meaning and Scope of Section 53
A "power to remove difficulties" clause is a transitional statutory mechanism. Under Section 53, the Central Government could issue an order when a difficulty arose in giving effect to the FCRA 2010. The power was not unlimited: any provision made by such an order had to remain consistent with the Act.
The section therefore did not authorize the Central Government to rewrite, override or contradict the FCRA through an executive order. Its stated function was narrower - to remove an implementation difficulty while remaining within the framework created by Parliament.
Conditions Built into Section 53
- A difficulty must arise in giving effect to the Act. The statutory power is connected to implementation of the FCRA 2010.
- The measure must be made by order. Section 53 expressly requires an order of the Central Government.
- The order must be published in the Official Gazette. Gazette publication is part of the statutory mechanism.
- The order cannot be inconsistent with the Act. The power is subordinate to the provisions enacted by Parliament.
- The power was time-limited. The proviso barred an order under Section 53 after expiry of two years from commencement of the Act.
- Parliamentary laying is required. Every order made under Section 53 must be laid before each House of Parliament as soon as may be after it is made.
Why the Two-Year Limit Matters
The proviso is an important limitation on Section 53. The provision was designed for commencement-stage difficulties, not as a permanent executive power to alter the operation of the Act. For present-day FCRA compliance, amendments to the Act, rules made under the Act, notifications, orders and official Ministry of Home Affairs directions should be checked according to their own statutory authority.
Section 53 and Other FCRA Powers
Section 53 should be read separately from other enabling provisions in the Act. For example, Section 48 concerns the Central Government's power to make rules, Section 49 deals with laying specified orders and rules before Parliament, and Section 50 concerns exemption in certain cases. Section 53 has its own purpose, conditions and express time limit.
Official FCRA Resources
For the current law, forms, notices and online services, refer to the official Government of India sources: the India Code portal, the Ministry of Home Affairs FCRA information, and the FCRA Online Services portal.
Last reviewed: 27 September 2026. Readers should verify subsequent amendments, rules, notifications and official directions before relying on this page for a current compliance issue.