17 of FEMA or whether such appeals are maintainable before the Appellate Tribunal constituted under Section 19 of FEMA.
6. Section 17 ... Section 19(1) of FEMA, the words 'Adjudicating Authorities other than those referred to in Sub- section 1 of Section 17 ' simply means
with FEMA
would lie only to the Appellate Tribunal under
Section 19 of FEMA but not before the Special
Director (Appeals) under Section 17 ... relevant Sections are Sections 50 , 51 , 52 ,
54 and 81 of FERA and Sections 17 , 18 , 19 and 49
of FEMA which read as under
preliminary objection that an alternative remedy
of appeal under Section 17 of the FEMA Act is available to the petitioner.
The other broad facts have ... absence of any
order of the Appellate Authority under Section 17 of the FEMA Act for
setting aside the order dated 13.3.2003, the initiation
17
that in the complaint contravention of Sections 3(c) , 4 , 6(3)(g) and
Section 3(a) of FEMA has been alleged against them ... exercise of powers under Section 46 read with Sections 16(1) ,
17(3) and 19(1) of FEMA, the Central Government has made the Rules
order by the writ petitioner for being challenged under Section 17 of
the FEMA Act.
10.The learned counsel appearing for the legal heirs ... initiate prosecution,
such an order is an appealable order under Section 17 of the FEMA Act,
1999. On the other hand, if the authority decides
FEMA.
W.P.(C) No. 22767/2015
-4-
5. Section 17 of FEMA provides for a time limit of 45
days within which an appeal
Section 13(1) of
the FEMA. Therefore, the petitioners have got an
alternative and efficacious remedy of appeal before the
Appellate Authority under Section 17 ... FEMA. Section
17(4) clearly depicts that on receipt of an appeal under
5
sub-section (1), the Special Director (Appeals) may after
giving
replaced by promulgation of Foreign Exchange Management
Act, 1999 (FEMA). Sections 17 and 19 of the FEMA
provides an appeal to the Special Director (Appeals
Special Director (Appeals)"
It is further suggested that till section 17 of FEMA is suitably
amended, the Central Govt my remove the difficulty ... Special Director (Appeals). The E.D. has
mentioned that till Section 17 of FEMA is suitably amended, the
difficulty may be removed by an order
only be governed under Section 19 of the
FEMA after repeal of FERA and not under Sub-Section (3) of
Section-52 and the Appellate ... appeal
is available to the Special Director (Appeals) under Section
17 of FEMA Act. The power of the Appellate Tribunal has
clearly been widened with
