Superb Plc., a company registered in United Kingdom, while issuing Indian depository receipts, has failed to comply with the provisions of the Foreign Exchange Management Act, 1999. As a Practising Company Secretary, adv

Answer 3(b) The following penal provisions will be applicable on Superb Plc. in case of non-compliance of FEMA provisions while issuing the Indian Depository Receipt. As per Section 13(1), if any person contravenes any provision of this Act, or contravenes any rule, regulation, notification, direction or order issued in exercise of the powers under this Act, or contravenes any condition subject to which an authorization is issued by the Reserve Bank, he shall, upon adjudication, be liable to a penalty up to thrice the sum involved in such contravention where such amount is quantifiable, or up to two lakh rupees where the amount is not quantifiable, and where such contravention is a continuing one, further penalty which may extend to five thousand rupees for every day after the first day during which the contravention continues. The following remedial measures are available in case of the Non-compliance of FEMA provisions: As per Section 13 (2), any Adjudicating Authority adjudging any contravention under sub-section(1), may, if he thinks fit in addition to any penalty which he may impose for such contravention direct that any currency, security or any other money or property in respect of which the contravention has taken place shall be confiscated to the Central Government and further direct that the foreign exchange holdings, if any of the persons committing the contraventions or any part thereof, shall be brought back into India or shall be retained outside India in accordance with the directions made in this behalf.