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Unit 3: FEMA Act, 1999

Distribution of Business among Benches Notes

Sec.29 provides that 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.
Power of Chairperson to Transfer Cases

Sec.30 provides that 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.
Decision to be by Majority

Sec.31 provides that if the members of a Bench consisting of two members differ in opinion on
any point, they shall state the point or points on which they differ, and make a reference to the
Chairperson who shall either hear the point or points himself or refer the case for hearing on such
point or points by one or more of the other members of the Appellate Tribunal and such point or
points shall be decided according to the opinion of the majority of the members of the Appellate

Tribunal who have heard the case, including those who first heard it.
Members, etc. to be Public Servants

Sec.33 provides that the Chairperson, Members and other officers and employees of the Appellate

Tribunal, the Special Director (Appeals) and the Adjudicating Authority shall be deemed to be
public servants within the meaning of Sec.21 of the Indian Penal Code.

Civil Court not to have Jurisdiction

Sec.34 provides that no civil court shall have jurisdiction to entertain any suit or proceeding in
respect of any matter which an Adjudicating Authority or the Appellate Tribunal or the Special
Director (Appeals) is empowered by or under this Act to determine and no injunction shall be
granted by any court or other authority in respect of any action taken or to be taken in pursuance
of any power conferred by or under the Act.
Appeal to High Court

Sec.35 provides that any person aggrieved by any decision or order to the Appellate Tribunal

may file an appeal to the High Court. Such appeal must be filed within 60 days from the date of

communication of the decision or order of the Appellate Tribunal.
3.6 Directorate of Enforcement

Secs.36 to 38 make provisions as regards Directorate of Enforcement. Sec.36 provides that 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

purposes of this Act. 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.
Under Sec.37, the Director of Enforcement and other officers not below the rank of an Assistant

Director shall take up for investigation on the contravention of any provisions of Sec.13.

In addition, the Central Government may by notification authorize any officer or class of offi cers in
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