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Section 46 of Foreign Exchange Mgt. Act 1999: Power to Make Rules

Section 46 (Power to make rules) under Chapter VII (Miscellaneous) of the Foreign Exchange Management Act 1999 (FEMA)

❝(1) The Central Government may, by notification, make rules to carry out the provisions of this Act.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for,—
 (a) the imposition of reasonable restrictions on current account transactions under section 5;
 (aa) the instruments which are determined to be debt instruments under sub-section (7) of section 6;
 (ab) the permissible classes of capital account transactions in accordance with sub-section (2A) of section 6, the limits of admissibility of foreign exchange, and the prohibition, restriction or regulation of such transactions;
 (b) the manner in which the contravention may be compounded under sub-section (1) of section 15;
 (c) the manner of holding an inquiry by the Adjudicating Authority under sub-section (1) of section 16;
 (d) the form of appeal and fee for filing such appeal under sections 17 and 19;
 (e) the salary and allowances payable to and the other terms and conditions of service of the Special Director (Appeals) under section 23;
 (f) the salaries and allowances and other conditions of service of the officers and employees of the office of the Special Director (Appeals) under sub-section (3) of section 27;
 (g) the additional matters in respect of which the Appellate Tribunal and the Special Director (Appeals) may exercise the powers of a civil court under clause (i) of sub-section (2) of section 28;  (gg) the aggregate value of foreign exchange referred to in sub-section (1) of section 37A;
 (h) the authority or person and the manner in which any document may be authenticated under clause (ii) of section 39; and
 (i) any other matter which is required to be, or may be, prescribed.❞


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Notes:

Section 46 of the Act was amended by the Finance Act, 2015 (Act No. 20 of 2015); (effective date to be notified) :-

 In section 46, in sub-section (2),—

(i) after clause (a), the following clauses shall be inserted, namely:—
 “(aa) the instruments which are determined to be debt instruments under sub-section (7) of section 6;
 (ab) the permissible classes of capital account transactions in accordance with sub-section (2A) of section 6, the limits of admissibility of foreign exchange, and the prohibition, restriction or regulation of such transactions;”;

(ii) after clause (g), the following clause shall be inserted, namely:—
 “(gg) the aggregate value of foreign exchange referred to in sub-section (1) of section 37A;’’.

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Extra Notes:

The Foreign Exchange Management Act, 1999 was amended by:
- the Finance Act, 2015 (Act No. 20 of 2015);
- the Finance Act, 2016 (Act No. 28 of 2016);
- the Finance Act, 2017 (Act No. 07 of 2017).

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