Section 29 FEMA Act 1999 - Omitted Provision and Historical Text
Section 29 of the Foreign Exchange Management Act, 1999 formerly dealt with distribution of Appellate Tribunal business amongst Benches. The provision is no longer operative.
| Act | Foreign Exchange Management Act, 1999 (Act 42 of 1999) |
|---|---|
| Chapter | Chapter V - Adjudication and Appeal |
| Section | Section 29 |
| Former subject | Distribution of business amongst Benches |
| Present status | Omitted with effect from 26 May 2017 |
| Amending law | Finance Act, 2017 (Act 7 of 2017), section 165 |
What did Section 29 of FEMA provide?
Before its omission, Section 29 empowered the Chairperson, where Benches had been constituted, to regulate by notification how the business of the Appellate Tribunal would be distributed amongst those Benches and to specify the matters that each Bench could deal with.
Historical text of Section 29 before omission
Where Benches are constituted, the Chairperson may, from time to time, by notification, make provisions as to the distribution of the business of the Appellate Tribunal amongst the Benches and also provide for the matters which may be dealt with by each Bench.
The text above is retained for historical and research purposes. It is not the current operative text of Section 29.
Why was Section 29 omitted?
The Finance Act, 2017 reorganised the appellate tribunal framework applicable to FEMA. Section 18 was 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 FEMA purposes from commencement of the relevant provisions of the Finance Act, 2017. As part of that restructuring, Section 29 was omitted with effect from 26 May 2017.
Meaning of key terms in the former provision
Bench: In the former Section 29 context, a Bench meant a Bench of the Appellate Tribunal among which tribunal business could be allocated.
Chairperson: The former provision vested the allocation function in the Chairperson of the Appellate Tribunal.
Notification: Section 2(n) of FEMA defines "notification" as a notification published in the Official Gazette, and the expressions "notify" and "notified" are construed accordingly.
Distribution of business: In the former provision, this referred to administrative allocation of matters amongst Benches and specification of the matters that a particular Bench could deal with.
Related FEMA provisions
For the present appellate structure, Section 18 of FEMA is particularly relevant because it identifies the Appellate Tribunal for purposes of the Act. Section 19 governs appeals to the Appellate Tribunal, while Section 35 provides for an appeal to the High Court on a question of law, subject to the statutory requirements.
Official legal sources
For the latest statutory text and amendments, verify the provision from official Government of India sources:
Frequently asked questions
Is Section 29 of FEMA currently in force?
No. Section 29, formerly titled "Distribution of business amongst Benches", was omitted by the Finance Act, 2017 with effect from 26 May 2017.
Can the old text of Section 29 still be useful?
Yes, as historical material. It may assist when reading older notifications, proceedings, judgments or legal materials relating to the pre-26 May 2017 tribunal structure. It should not, however, be presented as the current operative provision.
What law changed the provision?
Section 165 of the Finance Act, 2017 amended FEMA's appellate provisions and omitted Section 29 with effect from 26 May 2017.
Last reviewed: 27 September 2026. This page is general legal information and should be read with the latest official statutory text, notifications and applicable judicial decisions.