Section 22 FEMA Act 1999 - Term of Office Omitted
Section 22 of the Foreign Exchange Management Act, 1999 originally prescribed the term of office and maximum age of the Chairperson and Members of the former FEMA Appellate Tribunal. The provision is no longer operative.
What does Section 22 of FEMA provide today?
In the current statutory position, Section 22 is an omitted provision. The omission formed part of the tribunal-related amendments made by the Finance Act, 2017. Section 18 of FEMA was also substituted so that the Appellate Tribunal constituted under section 12(1) of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 became the Appellate Tribunal for the purposes of FEMA.
Meaning of "omitted"
For this page, "omitted" means that the earlier statutory text of Section 22 was removed from the operative provisions of FEMA by Parliament. The earlier wording remains useful for understanding the law as it stood before the omission, but it should be identified as historical text.
Earlier text of Section 22 before 26 May 2017
Before its omission, Section 22 was titled "Term of office" and provided as follows:
22. Term of office. The Chairperson and every other Member shall hold office as such for a term of five years from the date on which he enters upon his office:
Provided that no Chairperson or other Member shall hold office as such after he has attained -
(a) in the case of the Chairperson, the age of sixty-five years;
(b) in the case of any other Member, the age of sixty-two years.
Effect of the Finance Act, 2017 amendment
Section 165 of the Finance Act, 2017 reorganised the FEMA appellate framework. Among other changes, it substituted Section 18, omitted Section 20, substituted Section 21, omitted Section 22, substituted Section 23 and omitted Sections 24, 25 and 26. These amendments took effect from 26 May 2017.
The practical point for readers is that the tenure rule formerly appearing in Section 22 cannot be relied upon as a current FEMA provision. Questions concerning the constitution, appointment or service conditions of the relevant appellate tribunal must be examined under the statutory framework presently applicable to that tribunal.
Official legal sources
For the consolidated text of FEMA, refer to the Foreign Exchange Management Act, 1999 on India Code. For the amending legislation, refer to the Finance Act, 2017 in the Gazette of India, particularly section 165 dealing with amendments to FEMA.
Quick summary
Provision: Section 22, Foreign Exchange Management Act, 1999
Earlier subject: Term of office of the Chairperson and other Members
Earlier tenure: Five years, subject to the prescribed maximum age
Present status: Omitted
Amending law: Finance Act, 2017, section 165(e)
Effective date: 26 May 2017
This article is a general statutory reference. For a dispute involving tribunal composition, appointment, tenure or a transitional issue, the applicable law and notifications for the relevant date should be checked.