Section 30 FEMA Act 1999: Power of Chairperson to Transfer Cases - Omitted
Section 30 of the Foreign Exchange Management Act, 1999 formerly empowered the Chairperson to transfer a case pending before one Bench of the Appellate Tribunal to another Bench. The provision is no longer in force.
What was Section 30 of FEMA?
Before its omission, Section 30 dealt with the transfer of cases between Benches of the Appellate Tribunal. It formed part of Chapter V of FEMA, which deals with adjudication and appeals.
Former text of Section 30
30. Power of Chairperson to transfer cases.
On the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the Chairperson may transfer any case pending before one Bench, for disposal, to any other Bench.
This text is reproduced for historical and reference purposes. It describes the law before the 2017 omission and should not be read as the present text of Section 30.
Meaning of the former provision
The former Section 30 contemplated two routes for transfer. A party could apply for transfer, in which event the provision contemplated notice to the parties and such hearing as the Chairperson considered appropriate. Separately, the Chairperson could act on his own motion without such notice. The object of the provision was to permit movement of a pending matter from one Bench to another for disposal.
Why Section 30 is now shown as omitted
The Finance Act, 2017 reorganised the appellate tribunal framework applicable to several enactments. Section 165 amended FEMA and omitted, among other provisions, Sections 29, 30 and 31 with effect from 26 May 2017. Accordingly, the current statutory entry for Section 30 records the provision as omitted.
Related FEMA provisions
For the surrounding statutory scheme, see Section 28 - Procedure and powers of Appellate Tribunal and Special Director (Appeals), Section 29 - Distribution of business amongst Benches, Section 31 - Decision to be by majority, and Section 32 - Right of appellant to take assistance of legal practitioner or chartered accountant.
Official legal sources
The current FEMA text should be checked from official Government sources, particularly India Code and the Department of Economic Affairs, Ministry of Finance. These sources should be preferred when verifying amendments or the present status of a provision.