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Section 17 - Appeal to Special Director (Appeals) : Foreign Exchange Management Act 1999

 

 

How to file Appeal to Special Director (Appeals)? Section 17 of FEMA Act 1999

Section 17 of Foreign Exchange Management Act 1999 : "Appeal to Special Director (Appeals)"

17. (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.

(2) Any person aggrieved by an order made by the Adjudicating Authority, being an Assistant Director of Enforcement or a Deputy Director of Enforcement, may prefer an appeal to the Special Director (Appeals).

(3) Every appeal under sub-section (1) shall be filed within forty-five days from the date on which the copy of the order made by the Adjudicating Authority is received by the aggrieved person and it shall be in such form, verified in such manner and be accompanied by such fee as may be prescribed:

Provided that the Special Director (Appeals) may entertain an appeal after the expiry of the said period of forty-five days, if he is satisfied that there was sufficient cause for not filing it within that period.

(4) On receipt of an appeal under sub-section (1), the Special Director (Appeals) may after giving the parties to the appeal an opportunity of being heard, pass such order thereon as he thinks fit confirming, modifying or setting aside the order appealed against.

 

(5) The Special Director (Appeals) shall send a copy of every order made by him to the parties to appeal and to the concerned Adjudicating Authority.

(6) The Special Director (Appeals) shall have the same powers of a civil court which are conferred on the Appellate Tribunal under sub-section (2) of section 28 and-

(a) all proceedings before him shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860);

(b) shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974).

 

FEMA ACT 1999

Section 2 - Definitions

CHAPTER II
REGULATION AND MANAGEMENT OF FOREIGN EXCHANGE

Section 3 - Dealing in foreign exchange, etc

Section 4 - Holding of foreign exchange, etc

Section 5 - Current account transactions

Section 6 - Capital account transactions

 

 

Section 7 - Export of goods and services

Section 8 - Realisation and repatriation of foreign exchange

Section 9 - Exemption from realisation and repatriation in certain cases

CHAPTER III
AUTHORISED PERSON

Section 10 - Authorised person

 

 

Section 11 - Reserve Bank’s powers to issue directions to authorised person

Section 12 - Power of Reserve Bank to inspect authorised person

CHAPTER IV
CONTRAVENTION AND PENALTIES

Section 13 - Penalties

Section 14 - Enforcement of the orders of Adjudicating Authority

Section 15 - Power to compound contravention

 

 

Section 16 - Appointment of Adjudicating Authority

Section 17 - Appeal to Special Director (Appeals)

Section 18 - Establishment of Appellate Tribunal

Section 19 - Appeal to Appellate Tribunal

Section 20 - Composition of Appellate Tribunal

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