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Section 12 of FEMA 1999: RBI's Power to Inspect Authorised Person

Section 12 (Power of Reserve Bank to inspect authorised person) under Chapter III (Authorised Person) of the Foreign Exchange Management Act 1999 (FEMA)

❝(1) The Reserve Bank may, at any time, cause an inspection to be made, by any officer of the Reserve Bank specially authorised in writing by the Reserve Bank in this behalf, of the business of any authorised person as may appear to it to be necessary or expedient for the purpose of—
 (a) verifying the correctness of any statement, information or particulars furnished to the Reserve Bank;
 (b) obtaining any information or particulars which such authorised person has failed to furnish on being called upon to do so;
 (c) securing compliance with the provisions of this Act or of any rules, regulations, directions or orders made thereunder.

(2) It shall be the duty of every authorised person, and where such person is a company or a firm, every director, partner or other officer of such company or firm, as the case may be, to produce to any officer making an inspection under sub-section (1), such books, accounts and other documents in his custody or power and to furnish any statement or information relating to the affairs of such person, company or firm as the said officer may require within such time and in such manner as the said officer may direct.❞




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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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