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Nyaya Vidhiन्याय विधि · Indian Law, Lucid
Enacted 1999Financial Markets & BankingBrief

The Foreign Exchange Management Act, 1999

Replaces FERA. A civil-law framework for facilitating external trade and payments and orderly development of the foreign exchange market.

Sections
49
Chapters
7
Tier
Tier 1

In one line

What this Act says

Civil law (replacing FERA) that manages foreign-exchange transactions — what you can remit, hold or invest abroad, and what penalties apply for breach.

Penalties

What happens if you break it

  • Contravention of FEMA / rules / directions

    §13(1)

    Penalty up to 3× the amount involved (if quantifiable) or ₹2 lakh; continuing — additional ₹5,000 per day.

  • Non-payment of penalty within 90 days

    §14

    Civil imprisonment up to 6 months to 3 years (based on amount).

  • Holding / acquiring foreign exchange without permission

    §13(2)

    Confiscation by the Adjudicating Authority + penalty under §13.

Headline offences only — not exhaustive. For the full text and every section, open the source PDF or the official link below.

Key Sections & Penalties

FEMA at a Glance

SectionTypeProvisionApplicabilityDetails / Penalty
§3structural
Dealing in foreign exchange
-Administrative / Structural
§4structural
Holding of foreign exchange
-Administrative / Structural
§6structural
Capital account transactions
-Administrative / Structural
§10structural
Authorised person
-Administrative / Structural
§13(1)civil
Contravention of FEMA / rules / directions
-Penalty up to 3× the amount involved (if quantifiable) or ₹2 lakh; continuing — additional ₹5,000 per day
medium RISK

Maximum punishments as prescribed by the Act. Actual sentencing depends on facts, prior convictions and judicial discretion.

Sources

Read the Act yourself

We always show you the local source PDF and at least one verifiable online reference, so you can check anything we say.

Also see: RBI

About this Act

Quick facts

Year
1999
Sections
49
Chapters
7
Tier
Tier 1
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