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Appeal & Revision of against confiscation Order [ Section 31 & 32 ] - FCRA Ready Reckoner - FEMAExtract Appeal Revision of against confiscation Order Aggrieved person may file appeal against the order of confiscation under section 29 Any person aggrieved by any order made under section 29 (Adjudication of Confiscation ) may prefer an appeal to with in one month from the date of communication to such person of the order, a ) where the order has been made by the Court of Session under section 29(1)(a) , to the High Court to which such Court is subordinate; or b ) where the order has been made by any officer specified under section 29(1)(b) to the Court of Session within the local limits of whose jurisdiction such order of adjudication of confiscation was made, Condonation of delay:- 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. [ Section 31(1) of FCRA, 2010 ] Aggrieved person may file the order against the following order Following Person Any organization referred to in section 3(1)(f) , or any person or association referred to in section 6 or section 9 , If aggrieved by following order 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 section 12(2) or (4) , or under section 14(1) , as the case may be, may, Time Limit for appeal :- May prefer to appeal within 60 days from the date of 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 organization or association is located. [ Section 31(2) of FCRA, 2010 ] Every appeal deemed to be appeal from an original decree 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. [ Section 31(3) of FCRA, 2010 ] Revision of orders by Central Government [ Section 32 of FCRA, 2010 read with Rule 20 of FC(R) Rules, 2011 ] Following order Central Government may reivised The Central Government may, either of its own motion or on an application for revision by the person registered under this Act, call for and examine there cord of any proceeding under this Act in which any such order has been passed by it and may make such inquiry or cause such inquiry to be made and, subject to the provisions of this Act, may pass such order there on as it thinks fit. [ Section 32(1) of FCRA, 2010 ] Time limit for power of revision of Order By the Central government its own motion [ Section 32(2) of FCRA, 2010 ] The Central Government shall not of its own motion revise any order under this section if the order has been made more than one year previously. By the application for revision by the person [ Section 32(3) of FCRA, 2010 ] In the case of an application for revision under this section by the person referred to in section 32( 1 ) , (a) the application must be made within one year from the date on which the order in question was communicated to him or (b) the date on which he otherwise came to know of it, whichever is earlier from (a) or (b) Condonation in Delay :- The Central Government may, if it is satisfied that such person was prevented by sufficient cause from making the application within that period, admit an application made after the expiry of that period. [ Provision of Section 32(3) of FCRA, 2010 ] Order cannot revised by the Central Government The Central Government shall not revise any order where an appeal against the order lies but has not been made and the time within which such appeal may be made has not expired or such person has not waived his right of appeal or an appeal has been filed under this Act. [ Section 32(4) of FCRA, 2010 ] Fee for application Every application by such person for revision under this section shall be accompanied by fee of Rs. 3,000/-. [ Section 32(5) of FCRA, 2010 ]
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