Section 31 of The Foreign Contribution (Regulation) Act, 2010
- (1)Any person aggrieved by any order made under section 29 may prefer an appeal,--
- (a)where the order has been made by the Court of Session, to the High Court to which such Court is subordinate; or
- (b)where the order has been made by any officer specified under clause (b) of sub-section (1) of section 29, to the Court of Session within the local limits of whose jurisdiction such order of adjudication of confiscation was made, within one month from the date of communication to such person of the order: Provided that the appellate court may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of one month, allow such appeal to be preferred within a further period of one month, but not thereafter.
- (2)Any organisation referred to in clause (f) of sub-section (1) of section 3, or any person or association referred to in section 6 or section 9, aggrieved by an order made in pursuance of section 5 or by an order of the Central Government refusing to give permission under this Act, or by any order made by the Central Government under sub-section (2) or sub-section (4) of section 12, or sub-section (1) of section 14, as the case may be, may, within sixty days from the date of such order, prefer an appeal against such order to the High Court within the local limits of whose jurisdiction the appellant ordinarily resides or carries on business or personally works for gain, or, where the appellant is an organisation or association, the principal office of such organisation or association is located.
- (3)Every appeal preferred under this section shall be deemed to be an appeal from an original decree and the provisions of Order XLI of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908), shall, as far as may be, apply thereto as they apply to an appeal from an original decree.
Summary
- This provision sets out the rules for appealing different types of legal decisions made under the Act.
- It states that if a Court of Session orders a confiscation, the person can appeal to the High Court within one month.
- If a lower-ranking appointed officer orders the confiscation, the appeal goes to the local Court of Session within one month.
- It allows an extra one-month grace period for late appeals against confiscation if the person had a good reason for the delay.
Practical examples
FAQ
1. Under Section 31 of The Foreign Contribution (Regulation) Act, 2010, how long do I have to appeal a confiscation order?
You have one month from the date the order is communicated to you. If you have a valid excuse for being late, the court can grant you one additional month.
2. If a Court of Session orders my property confiscated under Section 29, where do I file my appeal according to Section 31 of the Act?
You must file your appeal at the High Court to which that Court of Session is subordinate.
3. According to Section 31 of The Foreign Contribution (Regulation) Act, 2010, where do I appeal if my organization's registration certificate is cancelled?
You must prefer an appeal to the High Court within the local limits where you reside, carry on business, or where your organization's principal office is located.
4. How much time does Section 31 of the Foreign Contribution law give me to appeal a cancelled registration?
You have sixty days from the date of the cancellation order to file your appeal at the High Court.
Test yourself
Q1.Under Section 31 of The Foreign Contribution (Regulation) Act, 2010, if an order of confiscation is made by an Assistant Sessions Judge, which court has the authority to hear the appeal?
Q2.According to Section 31 of The Foreign Contribution (Regulation) Act, 2010, what is the standard time limit to appeal an order of adjudication of confiscation?
Q3.Section 3 of The Foreign Contribution (Regulation) Act, 2010 prohibits certain political organizations from accepting foreign contributions. Under Section 31, if an organization is wrongly declared to be of a political nature, how many days does it have to appeal this decision?
Q4.Section 6 of The Foreign Contribution (Regulation) Act, 2010 restricts government servants from accepting foreign hospitality without prior permission. If a government servant is refused this permission, which court hears their appeal under Section 31?
Q5.Under Section 31 of The Foreign Contribution (Regulation) Act, 2010, if an appellant misses the one-month deadline to appeal a confiscation order, what is the absolute maximum extension the appellate court can grant for sufficient cause?