Section 14 - Enforcement of the orders of Adjudicating Authority :
Foreign Exchange Management Act 1999
What is Enforcement of the orders of Adjudicating Authority? Section
14 of FEMA Act 1999
Section 14 of Foreign Exchange Management Act 1999 : "Enforcement
of the orders of Adjudicating Authority"
14. (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.
(2) No order for the arrest and detention in civil prison of
a defaulter shall be made unless the Adjudicating Authority has
issued and served a notice upon the defaulter calling upon him
to appear before him on the date specified in the notice and to
show cause why he should not be committed to the civil prison,
and unless the Adjudicating Authority, for reasons in writing,
(a) that the defaulter, with the object or effect of
obstructing the recovery of penalty, has after the issue of
notice by the Adjudicating Authority, dishonestly transferred,
concealed, or removed any part of his property, or
(b) that the defaulter has, or has had since the issuing of
notice by the Adjudicating Authority, the means to pay the
arrears or some substantial part thereof and refuses or neglects
or has refused or neglected to pay the same.
(3) Notwithstanding anything contained in sub-section (1), a
warrant for the arrest of the defaulter may be issued by the
Adjudicating Authority if the Adjudicating Authority is
satisfied, by affidavit or otherwise, that with the object or
effect of delaying the execution of the certificate the
defaulter is likely to abscond or leave the local limits of the
jurisdiction of the Adjudicating Authority.
(4) Where appearance is not made pursuant to a notice issued
and served under sub-section (1), the Adjudicating Authority may
issue a warrant for the arrest of the defaulter.
(5) A warrant of arrest issued by the Adjudicating Authority
under sub-section (3) or sub-section (4) may also be executed by
any other Adjudicating Authority within whose jurisdiction the
defaulter may for the time being be found.
(6) Every person arrested in pursuance of a warrant of arrest
under this section shall be brought before the Adjudicating
Authority issuing the warrant as soon as practicable and in any
event within twenty-four hours of his arrest (exclusive of the
time required for the journey):
Provided that, if the defaulter pays the amount entered in
the warrant of arrest as due and the costs of the arrest to the
officer arresting him, such officer shall at once release him.
Explanation.-For the purposes of this sub-section, where the
defaulter is a Hindu undivided family, the karta thereof shall
be deemed to be the defaulter.
(7) When a defaulter appears before the Adjudicating
Authority pursuant to a notice to show cause or is brought
before the Adjudicating Authority under this section, the
Adjudicating Authority shall give the defaulter an opportunity
showing cause why he should not be committed to the civil
(8) Pending the conclusion of the inquiry, the Adjudicating
Authority may, in his discretion, order the defaulter to be
detained in the custody of such officer as the Adjudicating
Authority may think fit or release him on his furnishing the
security to the satisfaction of the Adjudicating Authority for
his appearance as and when required.
(9) Upon the conclusion of the inquiry, the Adjudicating
Authority may make an order for the detention of the defaulter
in the civil prison and shall in that event cause him to be
arrested if he is not already under arrest:
Provided that in order to give a defaulter an opportunity of
satisfying the arrears, the Adjudicating Authority may, before
making the order of detention, leave the defaulter in the
custody of the officer arresting him or of any other officer for
a specified period not exceeding fifteen days, or release him on
his furnishing security to the satisfaction of the Adjudicating
Authority for his appearance at the expiration of the specified
period if the arrears are not satisfied.
(10) When the Adjudicating Authority does not make an order
of detention under sub-section (9), he shall, if the defaulter
is under arrest, direct his release.
(11) Every person detained in the civil prison in
execution of the certificate may be so detained,-
(a) where the certificate is for a demand of an amount
exceeding rupees one crore, up to three years, and
(b) in any other case, up to six months:
Provided that he shall be released from such detention on the
amount mentioned in the warrant for his detention being paid to
the officer-in-charge of the civil prison.
(12) A defaulter released from detention under this section
shall not, merely by reason of his release, be discharged from
his liability for the arrears, but he shall not be liable to be
arrested under the certificate in execution of which he was
detained in the civil prison.
(13) A detention order may be executed at any place in India
in the manner provided for the execution of warrant of arrest
under the Code of Criminal Procedure, 1973 (2 of 1974).