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karan kumar   03 October 2019

fema violating

what are maximum punishments one should get in case of violating fema.


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 3 Replies

G.L.N. Prasad (Retired employee.)     03 October 2019

Search in google study the same and download the required section and detailed explanation depending on the actual offense.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     03 October 2019

It all depends upon under which provision of FEMA the violation occurred and the amount involved. The punishment is given by Reserve Bank of India under the powers vested with them under FEMA and they adjudicate accordingly duly affording  Person/Firm/Corporate a personal hearing. Of course, the personal hearing is optional, in which case the adjudication may happen unilaterally, and the other party loses a chance to explain his/their version and the circumstances under which the violation, in fact, had taken place in the first place. There is a separate Department in RBI for this. Any person who violated provisions can voluntarily apply to RBI for Compounding in the prescribed form giving full details and submit directly to RBI Office for the nature of the violation. Depending upon the seriousness and the amount involved, RBI either ratifies with a token fine or imposes a higher fine at a certain number of times of the amount involved and/or refers the matter to Enforcement Directorate for further investigation/necessary action.

H.M.Patnaik (Proprietor)     03 October 2019

Purely academic question.The FEMA Act and rules can be referred to for info.


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