The Ministry of Home Affairs (MHA), FCRA vide Order No. 21022/23(04)/2021-FCRA-II dated 12.08.2022 has made the process of making application for Revision of an Order passed by the FCRA department under section 32 of the Foreign Contribution (Regulation) Act, 2010 (‘FCRA, 2010’) online and amended Rule 20 of the Foreign Contribution (Regulation) Rules, 2011 (‘FCRR, 2011’) in this effect. This amendment shall come into effect from 1st September, 2022.
Henceforth, from 01.09.2022, any person seeking revision of any order passed by the Central Government (FCRA department of the MHA) is required to file an application in online mode only in accordance with amended Rule 20 of the FCRR, 2011. The requirement of filing a hard copy of the application has been discontinued and will not be entertained.
Prior to this amendment, hard copy of revision application needs to be sent by post.
Earlier, Foreign Contribution (Regulation) (Amendment) Rules, 2020 amended Rule 20 to provide for payment of fees for filing of revisions application under section 32 of the FCRA, 2010 in online mode only. Prior to the amendment, the fee was required to be paid in the form of demand draft or a banker’s cheque.
However, the 2020 amendment in FCRR, 2011 still required submission of the revision application in physical mode only. Now, with this amendment, the application for revision of order as well as payment of fees for revision of order is made online.
Along with the Order, MHA, FCRA has also issued a 2-page 9 clarificatory FAQs regarding online submission of application for revision of an order passed by the competent authority under section 32 of the FCRA, 2010.
Online Process to file Revision application
The online application for revision of an Order shall be made on the FCRA portal. Click on the menu ‘Services under FCRA’ and then click on ‘Revision Application against Section 32, FCRA 2010’. Then, ‘click to apply online’ which will land the user on the log-in page.
The application for revision can be then uploaded after successfully log-in on the FCRA portal.
The following documents in PDF format are required to be uploaded:
The application for revision of an order shall be made to the Secretary, Ministry of Home Affairs, Government of India, New Delhi in electronic form only. The application shall be written on plain paper and a duly signed scanned copy of the same needs to be uploaded. No electronic form for filing of revision application is provided. The size limit mentioned above is in relation to each document to be uploaded.
There is no need to send a physical copy of the revision application or any related document to the FCRA department.
What is Revision of Order under FCRA
The provisions related to Revision of an Order under FCRA are contained in section 32 of FCRA, 2010 and Rule 20 of FCRR, 2011.
Under section 32 of the FCRA, 2010, the Central Government is empowered to revise its own order either on suo-moto or on an application made by an aggrieved person on this behalf. The person must be a registered person under the FCRA, 2010.
Orders pertaining to refusal to grant of registration, rejection of renewal of registration or prior permission are passed by the Central Government and are thus can be a subject matter of revision under section 32.
The aggrieved person may seek to review the order so passed against it by the Central government and shall produce evidence which was overlooked or not considered while passing the original order.
Once an application for revision of order is made, the Central Government may-
(i) call for and examine the records of any proceedings under the Act,
(ii) make such inquiry or cause such inquiry to be made
(iii) pass such order as it may think fit.
Time Limit for making application for revision under FCRA
The application for revision must be made within one year
(i) from the date on which the order in question is communicated to him or
(ii) from the date on which the person has otherwise come to know of it.
whichever is earlier.
However, the Central Government has been given the power to condone any delay in filing of application beyond the stipulated period if there was sufficient cause which prevented the person from filing such application within the prescribed time limit.
Prescribed fee for filing revision application under FCRA
Rule 20 of the FCRR, 2011 as amended by FCR(A)R, 2020, the fees for filing an application for revision of order under section 32 of the FCRA, 2010 is fixed at Rs. 3,000 payable in online mode only. This fee, as per pre-amended rules, was Rs 1,000, payable by a demand draft or banker’s cheque.
Which orders cannot be revised under section 32 of the FCRA, 2010
According to section 32(4) of FCRA, 2010, the revision orders cannot be passed in the following cases-
(i) where an appeal against the order lies but has not been made
(ii) the time within which such appeal may be made has not expired or
(iii) such person has not waived his right of appeal or
(iv) an appeal has been filed under the FCRA, 2010
In the aforesaid cases, the Central Government shall not revise any order under this section.
Read the full text of MHA Order dated 12.08.2022 on Online application for FCRA Revision
No. 21022/23(04)/2021-FCRA-III
Government of India/Bharat Sarkar
Ministry of Home Affairs/Grih Mantralaya
Foreigners Division (FCRA Wing)
******
Major Dhyan Chand National Stadium
FCRA Wing, 1st Floor, MHA, New Delhi.
Dated: 12/08/2022
ORDER
Subject: Submission of applications for revision of orders under section 32 of the Foreign Contribution (Regulation) Act, 2010 read with Rule 20 of the Foreign Contribution (Regulation) Rules, 2011- Regarding.
In exercise of the powers under rule 20 of the Foreign Contribution (Regulation) Rules, 2011 as amended vide gazette notification No. 506(E) dated 01.07.2022, it is hereby ordered that w.e.f. 1st September 2022 an application under section 32 of the Act for revision of an order passed by the competent authority shall be made in electronic form only through the website https://fcraonline.nic.in.
(Y.P. Ojha)
Deputy Secretary (FCRA)
Phone: - 011-23070230
Frequently asked questions regarding online submission of application for revision of an order passed by the competent authority under section 32 of the FCRA, 2010.
Q.1 Who is eligible to submit revision application?
Ans. Any person who is registered under the Foreign Contribution (Regulation) Act, 2010(FCRA 2010) and rules made thereunder and is aggrieved of an order of the Central Government may prefer revision application in terms of section 32 of the FCRA 2010 and rule 20 of the Foreign Contribution (Regulation) Rules, 2011 (FCRR 2011).
Q.2 How can an association file an application for revision of an order passed by the competent authority under FCRA, 2010?
Ans. An application for revision of an order shall be made to the Secretary, Ministry of Home Affairs, Government of India, New Delhi in electronic form only.
Q.3 Can revision application be sent through physical mode (on paper mode)?
Ans. No. With effect from 1st September 2022, applications are acceptable only in electronic mode.
Q.4 What is the procedure for an association to file an application for revision of an order passed by the competent authority under FCRA, 2010?
Ans. Any organization who wants to file an application for revision of an order passed by the competent authority may upload a scanned copy of its application on the FCRA web portal (https://fcraonline.nic.in/). Under main heading "Services under FCRA", Sub heading "Revision Application against Section 32, FCRA 2010".
Q.5 Is it required to send physical copy of electronically filed revision application to Ministry of Home Affairs (MHA)?
Ans. There is no need to send physical copy of revision application orany related documentto MHA.
Q.6 Is there any format of revision application?
Ans. No. Scanned copy of duly signed application in plain paper is acceptable.
Q.7 Is applicant required to submit justification for revision of Order?
Ans. Yes. Justification for revision of Order must be submitted online along with the supporting documents, if any.
Q.8 What is the fee for ma king an application for revision of an order passed by the competent authority under FCRA, 2010?
Ans. A fee of Rs.3000/- (Three Thousand only) must be paid through the payment gateway specified by the Central Government.
Q.9 What is the time limit for making an application for revision of an order passed by the competent authority under FCRA, 2010?
Ans. The application must be made within one year from the date on which the order in question was communicated or the date on which it otherwise came to know of it, whichever is earlier.
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