Section 5 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.
Under section 3(1)(f) an "organisation of a political nature" cannot accept foreign contribution, but only if it has been specified as such. Section 5 sets out the procedure for specifying one: a written notice, a chance to answer, an optional report and an order within fixed time limits.
This article reads section 5 as per the Act as enacted, read with the Foreign Contribution (Regulation) Amendment Act, 2020 (33 of 2020), which did not change section 5. Later amendments should be checked.
The Central Government may, by an order published in the Official Gazette, specify an organisation as one of a political nature, not being a political party. It must first give a written notice of the ground or grounds; the organisation has thirty days to make a representation, and the order must be made within one hundred and twenty days of the notice, extendable by sixty days after recording reasons.
Section 5(1): the power to specify
The Central Government may, "having regard to the activities of the organisation or the ideology propagated by the organisation or the programme of the organisation or the association of the organisations with the activities of any political party", specify an organisation by an order published in the Official Gazette as an organisation of a political nature, not being a political party, referred to in section 3(1)(f). Four considerations are named: activities, ideology, programme and association with the activities of a political party.
The proviso to sub-section (1) lets the Central Government, by rules, frame guidelines specifying the ground or grounds on which an organisation shall be specified. The guidelines are in rule 3 of the Rules; the rule is explained in the article on rule 3 and the guidelines for declaring an organisation of a political nature, and this article does not state its content.
Section 5(2): notice in writing
Before making an order under sub-section (1), the Central Government must give the organisation concerned "a notice in writing informing it of the ground or grounds, on which it is proposed to be specified". The words "ground or grounds" matter: an organisation entitled to a notice is entitled to know the case against it. An organisation that receives such a notice should take legal dispute resolution advice, read the grounds carefully against the guidelines and put together its documents at once, because the clock in sub-section (3) runs from the date of the notice.
Section 5(3): representation within thirty days
The organisation to whom a notice has been served "may, within a period of thirty days from the date of the notice, make a representation to the Central Government giving reasons for not specifying such organisation". The proviso adds that the Central Government may entertain the representation after thirty days "if it is satisfied that the organisation was prevented by sufficient cause from making the representation within thirty days".
The period runs "from the date of the notice", not from the date it is received. If the notice reaches you late, say so in the representation and give the reason for any delay, so the proviso can be considered.
Section 5(4) and (5): report and order
- Sub-section (4): the Central Government may, "if it considers it appropriate", forward the representation to any authority to report on it.
- Sub-section (5): the Central Government may, "after considering the representation and the report of the authority referred to in sub-section (4)", specify the organisation as one of a political nature, not being a political party, and make an order under sub-section (1) accordingly.
The text does not say who the "authority" in sub-section (4) is. It is not named in the texts consulted.
Section 5(6): the time limits
Every order under sub-section (1) shall be made within one hundred and twenty days from the date of issue of the notice under sub-section (2). The proviso says that if no order is made within that period, the Central Government shall, after recording the reasons, make an order within sixty days from the expiry of the one hundred and twenty days.
| Step | Provision | Period or requirement |
|---|---|---|
| Notice of grounds | 5(2) | In writing, before any order |
| Representation | 5(3) | Within thirty days of the date of notice; later if sufficient cause |
| Report on representation | 5(4) | Optional, if considered appropriate |
| Order | 5(5), 5(6) | Within one hundred and twenty days from issue of notice |
| Further time | Proviso to 5(6) | Sixty days after expiry, after recording reasons |
The two periods can be added to give a longest period of one hundred and eighty days from the notice, but the text reaches that only through the proviso and only after reasons are recorded. The text does not say what follows if no order is made even within the extended period; it is silent on that point.
Example (invented). The Central Government issues a notice to Jan Sampark Manch, a registered society, on 1 April proposing to specify it as an organisation of a political nature, citing its association with the activities of a political party. The society has thirty days from the date of the notice to reply with its reasons. If the Government forwards the reply for a report, the order is still to be made within one hundred and twenty days from the notice, unless reasons are recorded and the further sixty days used.
What follows from an order
Once an order is made, the organisation is within section 3(1)(f) and cannot accept foreign contribution; see section 3. Section 4's exceptions apply to persons "specified" in section 3, and section 4 is explained in the article on persons to whom section 3 does not apply.
An organisation referred to in section 3(1)(f) aggrieved by an order made in pursuance of section 5 may, within sixty days from the date of the order, appeal to the High Court under section 31(2); the details are in the article on section 31. No order, notification or guideline made in a particular case is described here. This article describes only what section 5 says.
Need help responding to a notice?
A notice under section 5(2) starts a short clock. If your organisation has received one, or you want to understand how your programme would be viewed against the guidelines, speak to our legal dispute resolution practice before the thirty days run out.
Key takeaways
- Only an organisation specified by an order under section 5(1) is caught by section 3(1)(f).
- A written notice of the grounds must come first, under section 5(2).
- The organisation has thirty days from the date of the notice to make a representation, extendable for sufficient cause.
- The order must be made within one hundred and twenty days, and in default within a further sixty days after recording reasons.
- An appeal lies to the High Court within sixty days under section 31(2).
Read next
- Section 3: who cannot accept foreign contribution
- Section 4: persons to whom section 3 does not apply
- Section 31: appeal
- Rule 3: guidelines for declaring an organisation of a political nature
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.