Section 31 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 31 provides two separate appeal routes. Sub-section (1) is for orders of confiscation made under section 29. Sub-section (2) is for certain orders of the Central Government: orders under section 5 declaring an organisation of a political nature, orders refusing permission, and orders under section 12 and section 14(1). Sub-section (3) says how appeals are treated.
This article reads section 31 as per the Act as enacted, read with the Foreign Contribution (Regulation) Amendment Act, 2020 (33 of 2020), which did not change section 31. Later amendments should be checked.
An order of confiscation under section 29 is appealed to the High Court (if made by the Court of Session) or to the Court of Session (if made by an officer under section 29(1)(b)), the latter within one month, extendable by one further month. A listed Central Government order is appealed to the High Court within sixty days from the date of the order. Every appeal is deemed an appeal from an original decree, with Order XLI of the Code of Civil Procedure, 1908 applying.
Section 31(1): appeals against orders under section 29
The time limits below are short. Our legal dispute resolution practice can review an order, prepare the appeal and check which court has jurisdiction.
"Any person aggrieved by any order made under section 29 may prefer an appeal":
| Clause | Order made by | Appeal lies to |
|---|---|---|
| (a) | The Court of Session | The High Court to which that Court is subordinate |
| (b) | Any officer specified under section 29(1)(b) | The Court of Session within the local limits of whose jurisdiction the order of adjudication of confiscation was made |
Clause (b) ends with the words "within one month from the date of communication to such person of the order". As printed, those words follow clause (b). The Act does not repeat them after clause (a); read the text as printed and take advice on the period for an appeal under clause (a).
Proviso: "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." So the extension is a further one month, and no more, and only on sufficient cause. The confiscation orders themselves are explained in the article on sections 28 to 30.
Section 31(2): appeals to the High Court
Section 31(2) lists who may appeal and against what.
Who: any organisation referred to in section 3(1)(f) (an organisation of a political nature), or any person or association referred to in section 6 or section 9.
Against what: an order made in pursuance of section 5, or an order of the Central Government refusing to give permission under the Act, or 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".
Period: "within sixty days from the date of such order".
Where: "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."
| Order | Provision of the Act | Related article |
|---|---|---|
| Order specifying an organisation of a political nature | Section 5 | Section 5 |
| Order refusing to give permission under the Act | Various | Sections 6 and 9 |
| Order under section 12(2) or 12(4) | Section 12 | Section 12 |
| Order under section 14(1) | Section 14 | Section 14 |
Four points about the list. First, the text names sub-sections (2) and (4) of section 12 and sub-section (1) of section 14; sub-section (2) of section 12 is the order rejecting a defective application, and sub-section (4) lists the conditions for grant, so an order "under" it is read as printed. Second, the list does not name suspension under section 13, renewal under section 16 or surrender under section 14A; whether an appeal lies against an order in any of those cases depends on whether it is "an order of the Central Government refusing to give permission under this Act" or otherwise within the words, and that is a question for advice on the order itself. Third, the sixty days run from the date of the order, not from its receipt. Fourth, the sub-section contains no power to extend the sixty days; it is silent on that point.
Section 31(3): how an appeal is treated
"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, shall, as far as may be, apply thereto as they apply to an appeal from an original decree." The Act as enacted cites the 1908 Code; the reader should check the current law for the corresponding provision, and no replacement is named here. Order XLI is not described in this article, which does not draw from it.
Relation to revision
Section 32 allows the Central Government to revise its own orders, on its own motion or on an application by the person registered under the Act, but it may not revise an order where an appeal lies but has not been made, and the time to appeal has not expired, or an appeal has been filed. The choice between appeal and revision therefore has to be made with that rule in mind; see the article on section 32.
Example (invented). The Central Government cancels the certificate of Anand Vidya Trust under section 14(1) on 10 March. The trust, which has its principal office in a city within a particular High Court's local limits, wishes to appeal. Section 31(2) gives it sixty days from the date of the order, to the High Court within whose local limits its principal office is located.
Need help with an appeal?
Time limits in section 31 are short and the forum depends on the order. Contact our legal dispute resolution team with the order and its date as soon as it is received.
Key takeaways
- Appeals against section 29 orders go to the High Court (from the Court of Session) or the Court of Session (from an officer under section 29(1)(b)).
- The clause (b) appeal must be made within one month of communication, with one further month on sufficient cause.
- Certain Central Government orders under sections 5, 12 and 14(1), and refusals of permission, are appealed to the High Court within sixty days from the date of the order.
- Every appeal is deemed an appeal from an original decree, with Order XLI of the Code of Civil Procedure, 1908 applying as far as may be.
- Section 32 revision is unavailable where an appeal lies and the time has not expired or an appeal has been filed.
Read next
- Section 5: organisation of a political nature
- Section 14: cancellation of certificate
- Sections 28 to 30: confiscation and who adjudges it
- Section 32: revision of orders by the Central Government
Disclaimer: Based on the Foreign Contribution (Regulation) Act, 2010 as enacted, read with the Amendment Act, 2020 and the other amendments named in this article, and on the Foreign Contribution (Regulation) Rules, 2011 as amended by the notifications named (latest consulted: S.O. 3272(E) dated 22 June 2026), as consulted on 2 October 2026. No consolidated official text was available; some provisions rest on a third-party copy and are identified as such. Later amendments, notifications and Ministry of Home Affairs orders should be checked. This article is general information, not legal advice; check the official text before acting.