Explain the procedure relating to establishment of Appellate Tribunal under Foreign Exchange Management Act, 1999.
CS Executive · Economic and Commercial Laws · PYQS · June 2017
Explain the procedure relating to establishment of Appellate Tribunal under Foreign Exchange Management Act, 1999.
Answer & Explanation:
As per Section 18 of the Foreign Exchange Management Act, 1999, the Central Government is empowered to establish an Appellate Tribunal, by a notification in the Official Gazette, to hear appeals against the orders of Adjudication Authorities and Special Director (Appeals). Section 20 of the Act empowers the Central Government to appoint a Chairperson and as many members as it may deem fit to the Appellate Tribunal. The jurisdiction of the Appellate Tribunal may be exercised by benches. A bench may be constituted by the Chairperson with one or more member as the Chairperson deem fit. The Chairperson can also transfer member of one bench to another bench. The Appellate Tribunal shall sit ordinarily at New Delhi for hearing. The Central Government however may, in consultation with the Chairperson, notify the sitting of the Tribunal elsewhere as it may deem fit. A person who is or has been or is qualified to be a judge of a High Court shall be eligible for the appointment as chairperson of Appellate Tribunal. A person who is or has been or is eligible to be a district judge shall be eligible for appointment as a member of Appellate Tribunal.
Topics: Foreign Exchange Management Act, 1999
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