Section 46 Power to make rules. of Foreign Exchange Management Act, 1999
Power to make rules.
46. (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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- Section 1 Short title, extent, application and commencement.
- Section 2 Definitions.
- Section 3 Dealing in foreign exchange, etc.
- Section 4 Holding of foreign exchange, etc.
- Section 5 Current account transactions.
- Section 6 Capital account transactions.
- Section 7 Export of goods and services.
- Section 8 Realisation and repatriation of foreign exchange.
- Section 9 Exemption from realisation and repatriation in certain cases.
- Section 10 Authorised person.
- Section 11 Reserve Banks powers to issue directions to authorised person
- Section 12 Power of Reserve Bank to inspect authorised person.
- Section 13 Penalties.
- Section 14 Enforcement of the orders of Adjudicating Authority
- Section 14A [Power to recover arrears of penalty.
- Section 15 Power to compound contravention
- Section 16 Appointment of Adjudicating Authority.
- Section 17 Appeal to Special Director (Appeals).
- Section 18 [Appellate Tribunal.
- Section 19 Appeal to Appellate Tribunal.
- Section 20
- Section 21 [Qualifications for appointment of Special Director (Appeals).
- Section 22
- Section 23 [Terms and conditions of service of Special Director (Appeals).
- Section 24
- Section 25
- Section 26
- Section 27 [Staff of Special Director (Appeals).
- Section 28 Procedure and Powers of Appellate Tribunal and Special Director (Appeals)
- Section 29
- Section 30
- Section 31
- Section 32 Right of appellant to take assistance of legal practitioner or chartered accountant and of Government, to appoint presenting officers.
- Section 33 [Officers and employees, etc. to be public servant.
- Section 34 Civil court not to have jurisdiction
- Section 35 Appeal to High Court.
- Section 36 Directorate of Enforcement.
- Section 37 Power of search, seizure, etc.
- Section 38 Empowering other officers.
- Section 39 Presumption as to documents in certain cases
- Section 40 Suspension of operation of this Act
- Section 41 Power of Central Government to give directions.
- Section 42 Contravention by companies.
- Section 43 Death or insolvency in certain cases.
- Section 44 Bar of legal proceeding
- Section 45 Removal of difficulties.
- Section 46 Power to make rules.
- Section 47 Power to make regulations.
- Section 48 Rules and regulations to be laid before Parliament.
- Section 49 Repeal and saving.