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B.Com 1st Year Foreign Exchange Management Act 2000 Long Notes

B.Com 1st Year Foreign Exchange Management Act 2000 Long Notes :- This post is very useful for all the student. you will get full information Topic wise Chapter Wise Question Answer Definitions And Main Provisions Notes Available in over site parultech.com

B.Com 1st Year Foreign Exchange Management Act 2000 Long Notes
B.Com 1st Year Foreign Exchange Management Act 2000 Long Notes

LONG ANSWER QUESTIONS

B.Com 1st Year Foreign Exchange Management Act 2000 Long Notes

Q.1. Discuss the important terms or definitions used in FEMA.

Or Write short note on person resident in India. (2016) 

Ans. Important Terms/ Definitions Following are the important terms/definitions used in FEMA:

1. Adjudicating Authority: An officer authorised under Sub-section (1) of Section 16.

2. Appellate Tribunal: Tribunal for foreign exchange established under Section 18. 

3. Authorised Person: An authorised dealer, money changer or any other person authorised to deal in foreign exchange or foreign securities. 

4. Bench: Bench of the Appellate Tribunal. 

5. Capital Account Transaction: A transaction that alters the assets or liabilities including contingent liabilities outside India of person resident in India. 

6. Chairperson: Chairperson of Appellate Tribunal. 

7. Currency: All currency of notes, postal notes, money orders, cheques, drafts, credit cards as may be notified by RBI. 

8. Currency Notes: Cash in the form of coins and bank notes. 

9. Current Account Transactions: A transaction other than a capital account transaction and include payments due in connection with foreign trade, payments due as interest on loans, etc. 

10. Director of Enforcement: Person who is appointed under Sub-section (1) of Section 36, 

11. Export: Goods taking out of India to a place outside India any goods and provision of services from India to any person outside India. 

12. Foreign Currency: Any currency other than Indian. 

13. Foreign Exchange: Foreign currency that includes deposits, credits and balances payable in any foreign currency, drafts, travellers, cheques, letters of credit or bills of exchange drawn by banks. institutions or persons outside India but payable in Indian currency. 

14. Foreign Security: Any security in the form of shares, stocks, bonds, debentures or any other instruments denominated or expressed in foreign currency and includes securities expressed in foreign currency. 

15. Import: Bringing into India any goods or services. 

16. Indian Economy: Currency which is expressed or drawn in Indian rupees but does not include special bank notes and special one rupee note. 

17. Legal Practitioner: Meaning assigned in clause (i) of Sub-section (ii) of Section (2) of the Advocate Act, 1961. 

18. Member: Member of the Appellate Tribunal and includes the Chairperson thereof.

19. Notify: To notify in the official gazettes. 

20. Person: An individual, a hindu undivided family, a company, a firm, any agency or office or brand owned or controlled by such persons. 

21. Person Resident in India: A person residing in India for more than one hundred and eighty two days during the course of preceding financial year but does not include a person who has gone out of India or stays outside India or a person who has come to or stays in India, any person or body corporate registered or incorporated in India, an office, branch or agency in India owned or controlled by a person residing outside or in India. 

22. Person Resident Outside India: A person who is not resident in India.

23. Prescribed: Prescribed by rules made under the act.

24. Repatriate to India: Bringing into India the realised foreign exchange and includes selling of foreign exchange to an authorised person in India, using of realised amount for edge discharge of a debit or liability demonstrated in foreign exchange. 

25. Reserve Bank: RBI constituted under Sub-section (1) Section (3) of RBI Act, 1934.

26. Security: Shares, stocks, bonds and debentures

government securities as defined in Public Debt Act, 1944, saving certificate issued under government Saving Certificate Act, 1959, etc. but does not include bills of exchange or promissory notes..

27. Service: Service of any kind or description which is made 

available to potential users and includes financing, insurance, medical assistance, legal assistance, etc. but does not include rendering of any service free of charge or under a contract of personal service. 

4. Bench: Bench of the Appellate Tribunal.

5. Capital Account Transaction: A transaction that alters the assets or liabilities including contingent liabilities outside India of person resident in India.

6. Chairperson: Chairperson of Appellate Tribunal.

7. Currency: All currency of notes, postal notes, money orders, cheques, drafts, credit cards as may be notified by RBI.

8. Currency Notes: Cash in the form of coins and bank notes.

9. Current Account Transactions: A transaction other than a capital account transaction and include payments due in connection with foreign trade, payments due as interest on loans, etc.

10. Director of Enforcement: Person who is appointed under Sub-section (1) of Section 36,

11. Export: Goods taking out of India to a place outside India any goods and provision of services from India to any person outside India.

12. Foreign Currency: Any currency other than Indian.

13. Foreign Exchange: Foreign currency that includes deposits, credits and balances payable in any foreign currency, drafts, travellers, cheques, letters of credit or bills of exchange drawn by banks. institutions or persons outside India but payable in Indian currency.

14. Foreign Security: Any security in the form of shares, stocks, bonds, debentures or any other instruments denominated or expressed in foreign currency and includes securities expressed in foreign currency.

15. Import: Bringing into India any goods or services.

16. Indian Economy: Currency which is expressed or drawn in Indian rupees but does not include special bank notes and special one rupee note.

17. Legal Practitioner: Meaning assigned in clause (i) of Sub-section (ii) of Section (2) of the Advocate Act, 1961.

18. Member: Member of the Appellate Tribunal and includes the Chairperson thereof.

19. Notify: To notify in the official gazettes.

20. Person: An individual, a hindu undivided family, a company, a firm, any agency or office or brand owned or controlled by such persons.

21. Person Resident in India: A person residing in India for more than one hundred and eighty two days during the course of preceding financial year but does not include a person who has gone out of India or stays outside India or a person who has come to or stays in India, any person or body corporate registered or incorporated in India, an office, branch or agency in India owned or controlled by a person residing outside or in India.

22. Person Resident Outside India: A person who is not resident in India.

23. Prescribed: Prescribed by rules made under the act.

24. Repatriate to India: Bringing into India the realised foreign exchange and includes selling of foreign exchange to an authorised person in India, using of realised amount for edge discharge of a debit or liability demonstrated in foreign exchange.

25. Reserve Bank: RBI constituted under Sub-section (1) Section (3) of RBI Act, 1934.

26. Security: Shares, stocks, bonds and debentures government securities as defined in Public Debt Act, 1944, saving certificate issued under government Saving Certificate Act, 1959, etc. but does not include bills of exchange or promissory notes.

27. Service: Service of any kind or description which is made available to potential users and includes financing, insurance, medical assistance, legal assistance, etc. but does not include rendering of any service free of charge or under a contract of personal service.

28. Special Director Appeals: An officer appointed under Section 18.

29. Specify: To specify by regulations made under this act and the experience ‘specified’ shall be constured accordingly.

30. Transfer: Sale, purchase, mortgage, plunge, gift, loan or any other form of transfer of right, tide, possession or lien.

Q.2. State the main provisions of Foreign Management Act.(2015)

Or State the main provisions of Foreign Exchange Management Act. TEMA(2016)

Ans. The main provisions of Foreign Exchange Management Act are:

1. Dealing in Foreign Exchange: FEMA has imposed certain restrictions on dealing in foreign exchange security except rules or regulations made there under or with the general or special permission of Reserve Bank, no person shall deal in or transfer any foreign exchange or security to any person, make any payment to or for the credit of any person resident outside India enter into any financial transaction in India.

2. Holding of Foreign Exchange: No person resident in India shall acquire, hold, own, possess or transfer any foreign exchange, foreign security or any type of immovable property situated outside India.

3. Current Account Transactions: Any person may sell or draw foreign exchange to or from an authorised person if such sale is a current account transaction provided that the Central Government may impose such reasonable restrictions for the current account transactions as may be prescribed.

4. Capital Account Transactions: Any person may sell or draw foreign exchange to or from an authorised person for a capital account transaction. The Reserve Bank may consulting with Central Government specify any class or classes of capital account transactions and the limit upto which foreign exchange shall be dismissible for such type of transactions provided that the Reserve Bank shall not impose any restriction on the drawal of foreign exchange for payments due on account of amortisation of loans or for the depreciation of direct investment.

The Reserve Bank may restrict or regulate:

(a) Transfer or issue of foreign security by a person resident in India or outside India.

(b) Any borrowing or lending in foreign exchange in whatever form of by whatever name called.

(C) Deposits between persons resident in India and persons resident outside India.

(d) Acquisition transfer of immovable property in India other than a lease. (e) Giving of a guarantee or surety in respect of any debt, obligation or other liability increased by a person resident in or outside India.

A person resident in or outside India may hold, own, transfer or invest in India currency or foreign currency or security or any immovable property situated in or outside India.

5. Export of Goods and Services: Every exporter of goods shall furnish to the:

(a) Reserve Bank or to such other authority a declaration in such form as may be specified containing true and correct material particulars including the amount representing the full export value.

(b) Reserve Bank such other information as may be required by the Reserve Bank for the purpose of ensuring the realisation of the export proceeds by such exporter:

6. Realisation and Repatriation of Foreign Exchange: Save as otherwise provided in this act where any amount of foreign exchange is due or has accrued to any person resident in India such person shall take all reasonable steps to realise and repatriate to India such foreign exchange within such period and on such manner as may be specified by the Reserve Bank. The provisions shall not apply to:

(a) Possession of foreign currency or foreign coins by any person upto limit as Reserve Bank may specify.

(b) Foreign currency account held or operated by such person or class of persons.

(c) Such other receipts in foreign exchange as the Reserve Bank may specify.

Q.3. Who is ‘Authorised person’? Explain the main provisions regarding it and discuss the powers ne Reserve Bank of India regarding instructions to authorised person.

Ans. Authorised Person: An authorised person under FEMA is a person who is authorised hu Reserve Bank to deal in foreign exchange.

Provisions of Authorized Person

1. The Reserve Bank may authorise any person to be known as authorised person to deal in foreign exchange or in foreign securities as an authorised dealer or in any other matter as deems fit.

2. The authorisation shall be in writing and shall be subject to the conditions laid down therein.

3. An authorisation may be revoked by the Reserve Bank at any time if the Reserve Bank is satisfied that it is in public interest so to do or the authorised person has failed to comply with the condition subject to which the authorisation was granted or has contravened any of the provisions of the Act.

4. An authorised person shall in foreign exchange or foreign security comply with general or special directions or orders as the Reserve Bank may think fit to give and except an authorised person shall not engage in any transaction involving any foreign exchange or foreign security.

5. An authorised person shall be required that person to make such declaration and to give such information will reasonably satisfy him that the transaction will not involve and is not designed of the purpose of any contravention or evasion of the provisions of this Act.

6. Any person other than the authorised person who has acquired or purchased foreign exchange for any purpose does not use it to the authorised person within the specified period of using the foreign exchange so acquired or purchased for any other purpose for which the purchase or acquisition of foreign exchange is not permissible under provisions of the act or the rules or regulations or the direction or order made thereby shall be deemed to have committed contravention of the Act for the purpose of such section.

Powers of Reserve Bank of India Regarding Instructions to Authorised Person

These are listed below:

1. Reserve Bank may give to the authorised person any direction in regard to make or not the payment to foreign exchange or the foreign security for the purpose of securing compliance with the provisions of this Act.

2. When any authorised person contravenes any direction given by the Reserve Bank under this act or fails to file any return as is directed by the Reserve Bank, the Reserve Bank may impose on the authorised person a penalty that may extend to ten thousand rupees and in the case continuing contravention with an additional penalty that may extend to two thousand rupees for every day during which such intervention continues.

3. The Reserve Bank may at any time cause an inspection to be made by any officer of the Reserve Bank who is specially authorised in writing by the Reserve Bank in this part of the business of any authorised person for the purpose of:

(a) Obtaining any information or particulars which such an authorised person has failed to furnish when they are called upon to do so.

(b) Verifying the corrections of any statement, information or particulars that are furnished to the Reserve Bank.

(C) Securing compliance with the provisions of the Act or of any rules, regulations, directions or the orders that are made thereunder.

4. It is the duty of the authorised person and where such person is a company or a firm, e director perform as other officer of such company or firm as the case may be so as to produce any officer who is making any inspection under Sub-section (1) such books, accounts a other documents in his custody or power and to furnish any statement or information th relating to the affairs of such person, company or firm as the said officer may require with such time and in such a manner as the said officer may direct.

Q.4. What are the provisions regarding enforcement of orders of Adjudicating Authority?

Ans. The provisions regarding enforcement of orders of Adjudicating Authority are as follows:

1. If any person fails to make payment of the penalty imposed in him under Section 13 within a period of ninety days from the date of service of notice, he shall be liable to civil imprisonment.

2. Order for the arrest and detention in civil prison of a defaulter shall not be made unless the Adjudicating Authority has issued and served a notice that calls upon him to appear before him on the specified date and to show cause why he should not be committed to the civil prison.

3. Unless the Adjudicating Authority, for reasons in writing, is satisfied:

(a) That the defaulter, with the object of obstructing the recovery of penalty, has after the

issue of notice by the Adjudicating Authority, dishonestly transferred, cancelled or removed any part of his property.

(b) That the defaulter has since the issuing of notice by the Adjudicating Authority, the means to pay the penalty or some substantial part thereof and refused or neglects or has refused or neglected to pay the same.

(C) Notwithstanding anything contained in the above section if the Adjudicating Authority is satisfied, by affidavit or otherwise, that with the object of delaying, the execution of notice, the defaulter is likely to ignore or leave the limits of the jurisdiction of the Adjudicating Authority, a warrant for the arrest of the defaulter may be issued by the Adjudicating Authority.

(d) The Adjudicating Authority may issue a warrant for the arrest of the defaulter, if the defaulter fails to appear in pursuance of a notice issued and served under Sub-section (1).

(e) A warrant of arrest issued by the Adjudicating Authority under Sub-section (3) or Sub

section (4) may also be executed by any other Adjudicating Authority within whose

jurisdiction the defaulter may, for the time being be found.

(f) Every person arrested in pursuance of warrant of arrest under this section shall be brought before the Adjudicating Authority issuing the warrant as soon as practicable and in any event within twenty four hours of his arrest (exclusive of the time required for the journey). Provided that if the defaulter pays the amount entered in the warrant of arrest as due and the costs of the arrest to the officer arresting him such officer shall at once release him.

(g) When a defaulter appears before the Adjudicating Authority pursuant to a notice to show cause or is brought before the Adjudicating Authority under this section, the Adjudicating Authority shall give the defaulter an opportunity showing cause why he should not be committed to the civil prison.

(h) Pending the conclusion of the inquiry, the Adjudicating Authority may, in this discretion, order the defaulter to be detained in the custody of such officer as the Adjudicating Authority may think fit or release him on his furnishing of the security to the satisfaction of the Adjudicating Authority for his appearance as and when required.

(i) Upon the conclusion of the inquiry, the Adjudicating Authority may make an order for the detention of the defaulter in the civil prison and shall in that event cause him to be arrested if he is not already under arrest:

Provided that in order to give a defaulter an opportunity of satisfying the arrears, the Adjudicating Authority may, before making the order of detention, leave the defaulter in the custody of the officer arresting him or of any other for a specified period which is not exceeding fifteen days, or release him on his furnishing security to the satisfaction of the Adjudicating Authority for his appearance at the expiration of the specified period if the arrears are not satisfied.

(j) When the Adjudicating Authority does not make an order of detention under Sub section (9) he shall if the defaulter is under arrest, direct his release.

(k) Every person detained in the civil prison in execution of the certificate may be so detained:

(i) Where the certificate is for a demand of an amount exceeding one crore rupees, upto 3 years, and

(ii) In any other case, upto six months:

Provided that he shall be released from such detention on the amount mentioned in the warrant for his detention being paid to the officer-in-charge of the civil prison.

(1)  A defaulter released from detention under this section shall not, merely by reason of this release, be discharged from his liability for the arrears, but he shall not be liable to be arrested under the certificate in execution of which he was detained in the civil prison

(m) A detention order may be executed at any place in India in the manner provided for the execution of warrant of arrest under the Code of Criminal Procedure, 1973. Power to Compound Contravention

1. Any contravention under Section 13 may, on an application made by the person committing such contravention be compounded within one hundred and eighty days from the date of receipt of application by the Director of Enforcement or such other officers of the Directorate of Enforcement and officer of the Reserve Bank as may be authorised in this behalf by the Central Government in such a manner as may be prescribed.

2. Where a contravention has been compounded under Sub-section (1) no proceeding or further proceeding as the case may be, shall be initiated or continued, as the case may be, against the person who is committing such contravention under that section.

Q.5. Write a short note on Adjudication and Appeal.

Ans. Adjudication and Appeal

1. Appointment of Adjudicating Authority

A main provision regarding the appointment of Adjudicating Authority are as under:

(a) For the purpose of adjudication under Section 13, the Central Government may, by an order published in the official gazette, appoint as may officers of the Central Government as it may think fit, as the Adjudicating Authorities for holding an enquiry in the manner prescribed after giving the accused person alleged to have committed contravention under Section 13. Provided that where the Adjudicating Authority is of opinion that the said person is likely to abscond or is likely to evade in any manner, the payment of penalty if levied, it may direct the said person to furnish a bond or guarantee for such amount and subject to such conditions as it may deem fit.

(b) The Central Government shall, while appointing the Adjudicating Authorities under Sub-section (1), also specify in the order published in the official gazette their respective jurisdictions.

(C) No Adjudicating Authority shall hold an enquiry under Sub-section (1) except upon a complaint in writing made by any officer authorised by a general or special order by the Central Government.

(d) The said person may appear either in person or take the assistance of a legal practitioner or a chartered accountant of his choice of presenting his case before the Adjudicating Authority.

(e) Every Adjudicating Authority shall have the same person of a civil court which are conferred on the Appellate Tribunal under Sub-section (2) of Section 28 and:

(i) all proceedings before it shall be deemed to be judicial proceedings writing the meaning of Sections 193 and 238 of the Indian Penal Code. (ii) shall be deemed to be a civil court for the purpose of Sections 345 and 346 of the Code of Criminal Procedure, 1973.

 (f) Every Adjudicating Authority shall deal with the complaint under Sub-section (2) as expeditiously as possible and endeavour shall be made so as to dispose off the complaint finally within one year from the date of receipt of the complaint.

Provided that where the complaint cannot be disposed off within the said period, the Adjudicating Authority shall record periodically the reasons in writing for not disposing off the complaint within the said period.

2. Appeal to Special Director (Appeals)

(a) The Central Government shall, by notification, appoint one or more Special Directors (Appeals) ar appears against the orders of the Adjudicating Authorities under this Section and shall also specify in the said notification the matter and place in relation to which the Special Director (Appeals) may exercise jurisdiction.

(b) 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).

(C) Every appeal under Sub-section (1) shall be found within forty five days from the date on which the copy of the order made by the Adjudicating Authortity is received by the aggrieved person and it shall be in such a manner and be accompanied by such fee as it may be prescribed.

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

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

(f) 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:

(i) all proceedings before him shall be deemed to be judicial proceedings within the meaning

under Sections 193 and 228 of the Indian Penal Code (45 to 1860).

(ii) 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).

3. Establishment of Appellate Tribunal

The Central Government shall, by notification, establish an Appellate Tribunal to be known as the Appellate Tribunal for Foreign Exchange to hear against the orders of the Adjudicating Authorities and the Special Director (Appeals) under this Act.

4. Appeals to Appellate Tribunal

(a) Same as provided in Sub-section (2), the Central Government or any person aggrieved by and order made by an Adjudicating Authority other than those referred to be in Sub-section (1) of Section 17, or the Special Director (Appeals), may prefer an appeal to the Appellate Tribunal:

Provided that any person appealing against the order of the Adjudicating Authority or the Special Director (Appeals) levying any penalty, shall while fitting the appeal, deposit the amount of such penalty with such authority as may be notified by the Central Government:

Provided further that where in any particular case, the Appellate Tribunal is of the opinion that the deposit of such penalty would undue hardship to such person, the Appellate Tribunal may dispense with such deposit subject to such conditions as it may deem fit to impose in order to safeguard the realisation of penalty.

(b) Every appeal under Sub-section (1) shall be filed within a period of forty five days from the date on which a copy of the order made by the aggrieved person or by the Central Government and it shall be in such form, verified in such manner and be accompanied by such fee as may be prescribed: Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of forty five days if it is satisfied that there was sufficient cause for not filing it within that period.

(c) On receipt of an appeal under Sub-section (1), the Appellate Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against.

(d) The Appellate Tribunal shall send a copy of every order made by it to the parties to appeal and to the concerned Adjudicating Authority or the Special Director (Appeals), as the case may be.

(e) The appeal filed before the Appellate Tribunal under Sub-section (1) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose off the appeal finally within one hundred and eighty days from the date of receipt of the appeal: Provided that where any appeal could not be disposed off within the said period of one hundred and eighty days, the Appellate Tribunal shall record its reasons in writing for not disposing off the appeal within the said period.

(f) The Appellate Tribunal may, for the purpose of examining the legality, propriety or correctness of any order made by the Adjudicating Authority under Section 16 in relation to any proceeding on its own motion or otherwise, call for records of such proceedings and made such order in the case as it thinks under fit.

5. Composition of Appellate Tribunal

Main provisions in respect of the composition of Appellate Tribunal are as under:

(a) The Appellate Tribunal shall consist of a Chairperson and such number of members as the Central Government may deem fit.

(b) Subject to the provision of this act:

(i) The jurisdiction of the Appellate Tribunal may be exercised by the benches thereof. (ii) A bench may be constituted by the Chairperson with one or more members as the Chairperson may deem fit.

(iii) The benches of the Appellate Tribunal shall ordinarily sit at New Delhi and at such other places as the Central Government may, in case in consultation with the Chairperson, notify.

(iv) The Central Government shall notify the areas in relation to which each bench of the Appellate Tribunal may exercise jurisdiction.

(C) Notwithstanding anything contained in Sub-section, (2) the Chairperson may transfer a member from one bench to another bench.

(d) If at any stage of the hearing of any case or matter it appears to the Chairperson or a member that the case or matter is of such a nature that it ought to be heard by a bench consisting of two members, the case or matter may be transferred by the Chairperson to such bench as the

Chairperson may deem fit.

6. Procedure and Powers of the Appellate Tribunal and the Special Director (Appeals)

(a) The Appellate Tribunal and the Special Director (Appeals) shall not be found by the procedure

laid down by the Code of Civil Procedure, 1908 but shall be guided by the principles of natural justice and, subject to the other provisions of this Act, the Appellate Tribunal and the Special Director (Appeals) shall have powers to regulate its own procedure.

(b) The Appellate Tribunal and the Special Director (Appeals) shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in the civil court under the code of civil procedure, 1908 (5 of 1908), while trying a suite, in respect of the following matters, namely:

(i) Summoning and enforcing the attendance of any person and examining him on oath;

(ii) Requiring the discovery and production of documents;

(iii) Receiving evidence on affidavits;

(iv) Subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1874 10 requisitioning any public record or document or copy of such record or a document from any officer;

(v) Issuing commissions for the examination of witnesses or documents; (vi) Reviewing its decisions;

(vii) Dismissing a representation of default or deciding it ex-parte;

(viii) Setting aside any order of dismissal or any representation for default or any order passed by it ex-parte; and

(ix) Any other matter which may be prescribed by the Central Government.

(c) An order made by the Appellate Tribunal and the Special Director (Appeals) under this Act shall be executable by the Appellate Tribunal and the Special Director (Appeals) as a decree of civil court and for this purpose, the Appellate Tribunal and the Special Director (Appeals) shall have all the powers of a civil court.

(d) Notwithstanding anything that is contained in Sub-Section (iii), the Appellate Tribunal and the Special Director (Appeals) may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court.

(e) All proceedings before the Appellate Tribunal and the Special Director (Appeals) shall be deemed to be judicial proceedings within the meaning of Section 228 of the Indian Penal Code, 1860 and the Appellate Tribunal shall be deemed to be a civil court for the purpose of Sections 345 and 346 of the Code of Criminal Procedure, 1973.

Q.6. Explain establishment and powers of Directorate of Enforcement.

Ans. Directorate of Enforcement

1. Establishment of Directorate of Enforcement

(a) The Central Government shall establish a Directorate of Enforcement with a Director and such other officers or class of officers as it thinks fit, who shall be called officers of Enforcement for the purpose of this Act.

(b) Without prejudice to provisions of Sub-section (1), the Central Government.may authorise the Directorate of Enforcement or an additional Directorate of Enforcement or a Special Directorate of Enforcement to appoint officers of Enforcement who are below the rank of an Assistant Directorate of Enforcement. Subject to such conditions and limitations as the Central Government may impose an officer of enforcement may exercise the powers and discharge the duties conferred or imposed on him under this Act.

2. Power of Search, Seizure, etc.

(a) The Directorate of Enforcement and other officers of enforcement below the rank of an Assistant Director, shall take up for investigation the contravention referred on him under this act.

(b) Without prejudice to the provisions of the Sub-section (1), the Central Government may also, by notification, authorise any officer or class of officers in the Central Government, State Government or the Reserve Bank, not below the rank or an Under Secretary to the Government of India in order to investigate any contravention as referred to in Section 13.

(c) The officers referred to in Sub-section (1) shall exercise the like powers which are conferred on income-tax authorities under the Income Tax Act, 1961 and shall exercise such powers, subject to such limitations laid down under that act. .

3. Empowering Other Officers

(a) The Central Government may, by order and subject to such conditions and limitations as it thinks fit to impose, authorise any officer of customs or any central excise officer or any police officer or any other officer of the Central Government or a State Government of excise the powers and discharge the duties of the Directorate of Enforcement or any other officer of Enforcement under this act as may be stated in the order.

(b) The officers referred to in sub-section (1) shall exercise the like powers which are conferred on the Income tax authorities under the Income Tax Act, 1961 (43 of 1961), subject to such conditions and limitations as the Central Government may impose.

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