THE FOREIGN EXCHANGE MANAGEMENT ACT, 1999

1999 · State unknown · central · act_text

Sections (93)

37A · Special provisions relating to assets held outside India in contravention of section 4.

44A · Powers of Reserve Bank not to apply to International Financial Services Centre .

1 · Short title, extent, application and commencement.—(1) This Act may be called the Foreign Exchange Management Act, 1999.

2 · Definitions. — In this Act, unless the context otherwise requires,—

2 · [(b) " Appellate Tribunal " means the Appellate Tribunal referred to in section 18;]

3 · [(cc) "Authorised Officer" means an officer of the Directorate of Enforcement authorised by the Central Government under section 37A;]

3 · [(gg) "Competent Authority" means the Authority appointed by the Central Government under sub -section (2) of section 37A;]

1 · 1st June, 2000, vide notification No. G.S.R. 371(E), dated 1st May, 2000, see Gazette of India, Extraordinary, Part II, sec. 3(i).

2 · Subs. by Act 7 of 2017, s. 165 , for clause (b) (w.e.f. 26-5-2017).

3 · Ins. by Act 20 of 2015, s. 138 (w.e.f. 9-9-2015).

1 · Subs. by Act 7 of 2017, s.165, for “section 18” (w.e.f. 26-5-2017).

3 · Dealing in foreign exchange, etc.—Save as otherwise provided in this Act, rules or regulations made thereunder, or with the general or special permission of the Reserve Bank, no person shall—

4 · Holding of foreign exchange, etc.—Save as otherwise provided in this Act, no person resident in India shall acquire, hold, own, possess or transfer any foreign exchange, foreign security or any immovable property situated outside India.

5 · Current account transactions. —A —Any person may sell or draw foreign exchange to or from an authorised person if such sale or drawal is a current account transaction:

6 · Capital account transactions.—(1) Subject to the provisions of sub-section (2), any person may sell or draw foreign exchange to or from an authorised person for a capital account transaction.

1 · [(a) any class or classes of capital account transactions, involving debt instruments, which are permissible;]

2 · [(c) any conditions which may be placed on such transactions;]

3 · [Provided that the Reserve Bank or the Central Government shall not impose any restrictions on the drawal of foreign exchange for payment due on account of amortisation of loans or for depreciation of direct investments in the ordinary course of business.]

1 · Subs. by Act 20 of 2015, s. 139, for Clause (a) (w.e.f. 15-10-2019).

2 · Ins . by s. 139 , ibid . (w.e.f. 15-10-2019).

3 · The Proviso subs. by s. 139, ibid . (w.e.f. 15-10-2019).

1 · [(2A) The Central Government may, in consultation with the Reserve Bank, prescribe—

3 · [(7) For the purposes of this section, the term " debt instruments " shall mean, such instruments as may be determined by the Central Government in consultation with the Reserve Bank.]

7 · Export of goods and services.—(1) Every exporter of goods shall—

8 · Realisation and repatriation of foreign exchange.—Save as otherwise provided in this Act, where any amount of foreign exchange is due or has accrued to any person resident in India, such person shall take all reasonable steps to realise and repatriate to India such foreign exchange within such period and in such manner as may be specified by the Reserve Bank.

9 · Exemption from realisation and repatriation in certain cases.—The provisions of sections 4 and 8 shall not apply to the following, namely:—

1 · Ins. by Act 20 of 2015, s. 139 (w.e.f. 15-10-2019) .

2 · Sub -section (3) omitted by s. 139, ibid . (w.e.f. 15-10-2019).

3 · Ins . by s. 139, ibid . (w.e.f. 15-10-2019).

10 · Authorised person.—(1) The Reserve Bank may, on an application made to it in this behalf, authorise any person to be known as authorised person to deal in foreign exchange or in foreign securities, as an authorised dealer, money changer or off-shore banking unit or in any other manner as it deems fit.

11 · Reserve Bank's powers to issue directions to authorised person.—(1) The Reserve Bank may, for the purpose of securing compliance with the provisions of this Act and of any rules, regulations, notifications or directions made thereunder, give to the authorised persons any direction in regard to making of payment or the doing or desist from doing any act relating to foreign exchange or foreign security.

12 · Power of Reserve Bank to inspect authorised person . — (1) The Reserve Bank may, at any time, cause an inspection to be made, by any officer of the Reserve Bank specially authorised in writing by the Reserve Bank in this behalf, of the business of any authorised person as may appear to it to be necessary or expedient for the purpose of—

13 · Penalties. — (1) If any person contravenes any provision of this Act, or contravenes any rule, regulation, notification, direction or order issued in exercise of the powers under this Act, or contravenes any condition subject to which an authorisation is issued by the Reserve Bank, he shall, upon adjudication, be liable to a penalty up to thrice the sum involved in such contravention where such amount is quantifiable, or up to two lakh rupees where the amount is not quantifiable, and where such contravention is a continuing one, further penalty which may extend to five thousand rupees for every day after the first day during which the contravention continues.

1 · [(1A) If any person is found to have acquired any foreign exchange, foreign security or immovable property, situated outside India, of the aggregate value exceeding the threshold prescribed under the proviso to sub-section (1) of section 37A, he shall be liable to a penalty up to three times the sum involved in such contravention and confiscation of the value equivalent, situated in India, the Foreign exchange, foreign security or immovable property.

1 · Ins. by Act 20 of 2015, s. 140 (w.e.f. 9-9-2015).

14 · Enforcement of the orders of Adjudicating Authority.—(1) Subject to the provisions of sub -section (2) of section 19, if any person fails to make full payment of the penalty imposed on him under section 13 within a period of ninety days from the date on which the notice for payment of such penalty is served on him, he shall be liable to civil imprisonment under this section.

1 · [14A. Power of recover arrears of penalty . — (1) Save as otherwise provided in this Act, the Adjudicating Authority may, by order in writing, authorise an officer of Enforcement not below the rank of Assistant Director to recover any arrears of penalty from any person who fails to make full payment of penalty imposed on him under section 13 within the period of ninety days from the date on which the notice for payment of such penalty is served on him.

15 · Power to compound contravention.—(1) Any contravention under section 13 may, on an application made by the person committing such contravention, be compounded within one hundred and eighty days from the date of receipt of application by the Director of Enforcement or such other officers of the Directorate of Enforcement and officers of the Reserve Bank as may be authorised in this behalf by the Central Government in such manner as may be prescribed.

1 · Section 14A shall stand inserted (date to be notified) by Act 28 of 2016, s. 229.

16 · Appointment of Adjudicating Authority.—(1) For the purpose of adjudication under section 13, the Central Government may, by an order published in the Official Gazette, appoint as many officers of the Central Government as it may think fit, as the Adjudicating Authorities for holding an inquiry in the manner prescribed after giving the person alleged to have committed contravention under section 13, against whom a complaint has been made under sub-section (3) (hereinafter in this section referred to as the said person) a reasonable opportunity of being heard for the purpose of imposing any penalty:

17 · Appeal to Special Director (Appeals).—(1) The Central Government shall, by notification, appoint one or more Special Directors (Appeals) to hear appeals against the orders of the Adjudicating Authorities under this section and shall also specify in the said notification the matter and places in relation to which the Special Director (Appeals) may exercise jurisdiction.

1 · [18. Appellate Tribunal.—The Appellate Tribunal constituted under sub-section (1) of section 12 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (13 of 1976), shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), be the Appellate Tribunal for the purposes of this Act and the said Appellate Tribunal shall exercise the jurisdiction, powers and authority conferred on it by or under this Act.]

19 · Appeal to Appellate Tribunal—(1) Save as provided in sub-section (2), the Central Government or any person aggrieved by an order made by an Adjudicating Authority, other than those referred to in sub -section (1) of section 17, or the Special Director (Appeals), may prefer an appeal to the Appellate Tribunal:

20 · [Composition of Appellate Tribunal.] Omitted by the finance Act, 2017 (7 of 2017), s. 165 (w.e.f. 26-5-2017).

1 · Subs. by Act 7 of 2017, s. 165, for section 18 (w.e.f. 26-5-2017).

1 · [21. Qualifications , for appointment of Special Director (Appeals).—A person shall not be qualified for appointment as a Special Director (Appeals) unless he—

22 · [Term of office.] Omitted by the Finance Act, 2017 (7 of 2017), s. 165 (w.e.f. 26-5-2017).

2 · [23. Terms and Condition of service of Special Director of (Appeals).—The salary and allowances payable to and the other terms and conditions of service of the Special Director (Appeals) shall be such as may be prescribed.]

24 · [Vacancies.] Omitted by the Finance Act, 2017 (7 of 2017), s. 165 (w.e.f. 26-5-2017).

25 · [Resignation and removal.] Omitted by s. 165, ibid. (w.e.f. 26-5-2017).

26 · . [Member to act as Chairperson in certain circumstances.] Omitted by s. 165, ibid . (w.e.f. 26-5-2017).

3 · [27. Staff of Special Director (Appeal).—(1) The Central Government shall provide the office of the Special Director (Appeals) with such officers and employees as it may deem fit.

28 · Procedure and powers of Appellate Tribunal and Special Director (Appeals).—(1) The Appellate Tribunal and the Special Director (Appeals) shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act, the Appellate Tribunal and the Special Director (Appeals) shall have powers to regulate its own procedure.

1 · Subs. by Act 7 of 2017 , s. 165, for section 21 (w.e.f. 26-5-2017).

2 · Subs. by s. 165, ibid., for section 23 (w.e.f. 26-5-2017).

3 · Subs. by s. 165, ibid., for section 27 (w.e.f. 26-5-2017).

29 · [Distribution of business amongst Benches.] Omitted by the Finance Act, 2017 (7 of 2017), s . 165 (w.e.f. 26-5-2017).

30 · [Power of Chairperson to transfer cases.] Omitted by s. 165 , ibid . (w.e.f. 26-5-2017).

31 · [Decision to be by majority.] Omitted by s. 165, ibid. (w.e.f. 26-5-2017).

32 · Right of appellant to take assistance of legal practitioner or chartered accountant and of Government, to appoint presenting officers . — (1) A person preferring an appeal to the 1 [Special Director (Appeals)] under this Act may either appear in person or take the assistance of a legal practitioner or a chartered accountant of his choice to present his case before the 2 [Special Director (Appeals)] .

3 · [33. Officers and employees etc. , to be public servant. — The Adjudicating Authority, Competent Authority and the Special Director (Appeals) and other officers and employees of the Special Director (Appeals) shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860).]

34 · Civil court not to have jurisdiction.—No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an Adjudicating Authority or the Appellate Tribunal or the Special Director (Appeals) is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

35 · Appeal to High Court.—Any person aggrieved by any decision or order of the Appellate Tribunal may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Appellate Tribunal to him on any question of law arising out of such order:

1 · Subs by Act 7 of 2017, s. 165, for “Appellate Tribunal or the Special Director (Appeals” (w.e.f. 26-5-2017).

2 · Subs. by s. 165, ibid., for “Appellate Tribunal or the Special Director (Appeals), as the case may be” (w.e.f. 26-5-2017).

3 · Subs. by s. 165, ibid ., for section 33 (w.e.f. 26-5-2017).

36 · Directorate of Enforcement. — (1) The Central Government shall establish a Directorate of Enforcement with a Director and such other officers or class of officers as it thinks fit, who shall be called officers of Enforcement, for the purposes of this Act.

37 · Power of search, seizure, etc.—(1) The Director of Enforcement and other officers of Enforcement, not below the rank of an Assistant Director , shall take up for investigation the contravention referred to in section 13.

1 · [37A. Special provisions relating to assets held outside India in contravention of section 4. — (1) Upon receipt of any information or otherwise, if the Authorised Officer prescribed by the Central Government has reason to believe that any foreign exchange, foreign security, or any immovable property, situated outside India, is suspected to have been held in contravention of section 4, he may after recording the reasons in writing, by an order, seize value equivalent, situated within India, of such foreign exchange, foreign security or immovable property:

1 · Ins. by Act 20 of 2015, s. 142 (w.e.f. 9-9-2015).

41 · Power of Central Government to give directions.—For the purposes of this Act, the Central Government may, from time to time, give to the Reserve Bank such general or special directions as it thinks fit, and the Reserve Bank shall, in the discharge of its functions under this Act, comply with any such directions.

42 · Contravention by companies.—(1) Where a person committing a contravention of any of the provisions of this Act or of any rule, direction or order made thereunder is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:

43 · Death or insolvency in certain cases.—Any right, obligation, liability, proceeding or appeal arising in relation to the provisions of section 13 shall not abate by reason of death or insolvency of the person liable under that section and upon such death or insolvency such rights and obligations shall devolve on the legal representative of such person or the official receiver or the official assignee, as the case may be:

44 · Bar of legal proceedings.—No suit, prosecution or other legal proceeding shall lie against the Central Government or the Reserve Bank or any officer of that Government or of the Reserve Bank or any other person exercising any power or discharging any functions or performing any duties under this Act, for anything in good faith done or intended to be done under this Act or any rule, regulation, notification, direction or order made thereunder .

1 · [44A. Powers of Reserve Bank not to apply to International Financial Services Centre . — Notwithstanding anything contained in any other law for the time being in force, the powers exercisable by the Reserve Bank under this Act,—

1 · Ins. by Act 50 of 2019, s. 33 and the second Schedule (w.e.f. 1-10-2020).

45 · Removal of difficulties. — (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, do anything not inconsistent with the provisions of this Act for the purpose of removing the difficulty:

46 · Power to make rules . — (1) The Central Government may, by notification, make rules to carry out the provisions of this Act.

1 · [(aa) the instruments which are determined to be debt instruments under sub-section (7) of section 6;

4 · [(gg) the aggregate value of foreign exchange referred to in sub-section (1) of section 37A;]

47 · Power to make regulations.—(1) The Reserve Bank may, by notification, make regulations to carry out the provisions of this Act and the rules made thereunder .

5 · [(a) the permissible classes of capital account transactions involving debt instruments determined under sub -section (7) of section 6, the limits of admissibility of foreign exchange for such transactions, and the prohibition, restriction or regulation of such capital account transactions under section 6;]

1 · Ins . by Act 20 of 2015, s. 143 (w.e.f. 15-10-2019) .

2 · Subs. by Act 7 of 2017, s. 165, for "Chairperson and other Member of the Appellate Tribunal and the Special Director (Appeals) (w.e.f. 26-5-2017).

3 · Subs. by s. 165 , ibid., for "Appellate Tribunal and the office of the Special Director (Appeals)" (w.e.f. 26-5-2017).

4 · Ins. by Act 20 of 2015, s. 143 (w.e.f. 15-10-2019).

5 · . Subs . by s. 144, ibid ., for clause (a) (w.e.f. 15-10-2019).

1 · [(ga) export, import or holding of currency or currency notes;]

2 · [(3) All regulations made by the Reserve Bank before the date on which the provisions of this section are notified under section 6 and section 47 of this Act on capital account transactions, the regulation making power in respect of which now vests with the Central Government, shall continue to be valid, until amended or rescinded by the Central Government.]

48 · Rules and regulations to be laid before Parliament . — Every rule and regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

49 · Repeal and saving.—(1) The Foreign Exchange Regulation Act, 1973 (46 of 1973) is hereby repealed and the Appellate Board constituted under sub-section (1) of section 52 of the said Act (hereinafter referred to as the repealed Act) shall stand dissolved.

1 · . Ins . by Act 20 of 2015, s. 144 (w.e.f. 15-10-2019) .

2 · . Ins . by s. 144. ibid. (w.e.f. 15-10-2019).

Subordinates (30)

RESERVE BANK OF INDIA Foreign Exchange Department Central Office Mumbai -400 001

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Foreign Exchange (Compounding Proceedings) Rules, 2000

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Notification No. FEMA. 12(R)/2015-RB

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TO BE PUBLISHED IN THE GAZETTE OF INDIA (EXTRA ORDINARY) PART ILSECTION3 SUB-SECTION (i)

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Reserve Bank of India

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RESERVE BANK OF INDIA (FOREIGN EXCHANGE DEPARTMENT) CENTRAL OFFICE MUMBAI 400 001

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Foreign Exchange (Compounding Proceedings) Rules, 2000

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RESERVE BANK OF INDIA

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RESERVE BANK OF INDIA FOREIGN EXCHANGE DEPARTMENT CENTRAL OFFICE MUMBAI-400 001

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RESERVE BANK OF INDIA (FOREIGN EXCHANGE DEPARTMENT) CENTRAL OFFICE MUMBAI 400 001

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RESERVE BANK OF INDIA

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RESERVE BANK OF INDIA Foreign Exchange Department Central Office Mumbai- 400 001

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RESERVE BANK OF INDIA

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Reserve Bank of India Exchange Control Department Central Office Mumbai-400 001

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TO BE PUBLISHED IN THE GAZETTE OF INDIA (EXTRA ORDINARY) PART II SECTION 3 SUB SECTION (i)

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Foreign Exchange Management (Current Account Transactions) Rules; 2000

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RESERVE BANK OF INDIA Foreign Exchange Department Central Office Mumbai- 400 001

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TO BE PUBLISHED IN THE GAZETTE OF INDIA (EXTRA ORDINARY) PART II, SECTION-3 - SUB-SECTION (i)

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RESERVE BANK OF INDIA

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RESERVE BANK OF INDIA

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TO BE PUBLISHED IN THE GAZETTE OF INDIA (EXTRA ORDINARY) PART II - SECTION 3 - SUB - SECTION (i)

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RESERVE BANK OF INDIA

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RESERVE BANK OF INDIA Foreign Exchange Department Central Office Mumbai -400 001

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Foreign Exchange Management (Current Account Transactions) Rules, 2000

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Reserve Bank of India

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RESERVE BANK OF INDIA FOREIGN EXCHANGE DEPARTMENT CENTRAL OFFICE MUMBAI 400 001

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RESERVE BANK OF INDIA (FOREIGN EXCHNAGE DEPARTMENT) CENTRAL OFFICE MUMBAI 400 001

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RESERVE BANK OF INDIA

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rules 58100faf836b

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rules d4fcfb146ba9

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