Section 33 FEMA Act 1999 - Members etc. to be Public Servants
Section 33 of the Foreign Exchange Management Act, 1999 (FEMA) gives specified authorities and personnel under the Act the legal status of public servants for the purpose stated in the provision.
Provision: Section 33, Foreign Exchange Management Act, 1999 (Act 42 of 1999).
Subject: Members etc. to be public servants.
Purpose: To deem the persons specified in the section to be public servants under the statutory public-servant definition referred to by FEMA.
Text and meaning of Section 33 of FEMA
Section 33 provides, in substance, that the persons and authorities identified by the provision are deemed to be public servants within the meaning of the public-servant provision referred to in the Act.
The section is a deeming provision. In legal drafting, the expression "deemed" directs the law to treat a person or matter as having the stated legal character for the purpose of the provision, even where that character might otherwise require a separate inquiry.
Who is covered by Section 33?
Section 33 concerns the authorities and personnel identified in FEMA's adjudicatory and appellate framework. The provision should be read from the current consolidated text of FEMA because the institutional framework of the Act has been amended over time.
The practical point is that a person falling within Section 33 is treated as a public servant for the statutory purpose specified by FEMA. This legal status can be relevant when another law attaches rights, duties, protections or consequences to the status of a public servant.
Meaning of "public servant"
The expression "public servant" is a defined criminal-law concept. Section 33 historically cross-referenced section 21 of the Indian Penal Code, 1860. The Indian Penal Code was repealed when the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. Accordingly, the FEMA provision and any cross-reference should be applied with the current statutory framework and applicable repeal-and-savings rules in view.
Why Section 33 matters
The provision removes uncertainty about the legal character of the specified FEMA functionaries. Instead of requiring a separate determination in each case, FEMA itself attributes public-servant status to the persons covered by Section 33.
Section 33 should also be read in context with the surrounding FEMA provisions dealing with appellate and adjudicatory functions, including the right of an appellant to professional assistance under Section 32, the bar of civil-court jurisdiction under Section 34, and appeals to the High Court under Section 35.
Official legal sources
For the authenticated and updated statute, consult India Code - Foreign Exchange Management Act, 1999. The Department of Revenue - FEMA Act, 1999 also provides the Act and official background information.
Page reviewed: 27 September 2026. Always check the latest official text, amendments and notifications before relying on a statutory provision.