Appeal to Special Director (Appeals)
Section 17 of the Foreign Exchange Management Act, 1999 deals with appeal to Special Director (Appeals). The Central Government shall, by notification, appoint one or more Special Directors (Appeals) to hear appeals against the orders of the Adjudicating Authorities under this section and shall also specify in the said notification the matter and places in relation to which the Special Director (Appeal The Act came into force on 01 Jun 2000.
(1) The Central Government shall, by notification, appoint one or more Special Directors (Appeals) to hear appeals against the orders of the Adjudicating Authorities under this section and shall also specify in the said notification the matter and places in relation to which the Special Director (Appeals) may exercise jurisdiction.
(2) Any person aggrieved by an order made by the Adjudicating Authority, being an Assistant Director of Enforcement or a Deputy Director of Enforcement, may prefer an appeal to the Special Director (Appeals).
(3) Every appeal under sub-section (1) shall be filed within forty-five days from the date on which the copy of the order made by the Adjudicating Authority is received by the aggrieved person and it shall be in such form, verified in such manner and be accompanied by such fee as may be prescribed:
Provided that the Special Director (Appeals) may entertain an appeal after the expiry of the said period of forty-five days, if he is satisfied that there was sufficient cause for not filing it within that period.
(4) On receipt of an appeal under sub-section (1), the Special Director (Appeals) may after giving the parties to the appeal an opportunity of being heard, pass such order thereon as he thinks fit, confirming, modifying or setting aside the order appealed against.
(5) The Special Director (Appeals) shall send a copy of every order made by him to the parties to appeal and to the concerned Adjudicating Authority.
(6) The Special Director (Appeals) shall have the same powers of a civil court which are conferred on the Appellate Tribunal under sub-section (2) of section 28 and
(a) all proceedings before him shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860);
(b) shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974).
Section 17, The Foreign Exchange Management Act, 1999 (Act 42 of 1999).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 3
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Permission sought for is granted. Consequently, this Civil Writ Petition is dismissed as withdrawn. Stay application is also disposed of. If, any appeal is preferred by the petitioner under Section 17 of the Foreign Exchange Management Act, 1999, within the period of two weeks from today, Appellate Authority is directed to decide the appeal on merits while ignoring the ground of delay occasioned in filing the appeal. Needless, to say that Appellate Authority shall consider all the grounds raised by the …
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… Interim and ad-interim reliefs in terms of prayer clauses as above; E. Such further and other reliefs as the nature and circumstances of the case may require." The preliminary objection was raised that statutory remedy by way of filing appeal against the order impugned herein u/s 17 of the Foreign Exchange Management Act, 1999 read with Rule 5 of the Foreign Exchange Management (Adjudication Proceedings and Appel) Rules 2000 is available. The petitioner has effective alternative statutory remedy against the impugned order and he could not dispute the same, accordingly, the present petition …
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… The respondents have brought to our notice that vide notification dated 05.02.2016 by the Ministry of Finance, Department of Revenue, New Delhi in exercise of powers conferred under Section 17(1) of the Foreign Exchange Management Act, 1999 (FEMA) (in short 'Act of 1999') the appellate authorities has been appointed assigning their respective jurisdiction. As regards Jaipur zone is concerned, the appeal lies before the Commissioner of Income Tax (Appeals) Delhi-35. The notification dated 05.02.2016 is …
Made under this section, and citing it
2 instruments name this provision in its title or its text without being made under it.
Questions about Section 17
What does Section 17 of the Foreign Exchange Management Act deal with?
Section 17 of the Foreign Exchange Management Act is headed "Appeal to Special Director (Appeals)". The Central Government shall, by notification, appoint one or more Special Directors (Appeals) to hear appeals against the orders of the Adjudicating Authorities under this section and shall also specify in the said notification the matter and places in relation to which the Special Director (Appeal
How do I find court cases under Section 17 of the Foreign Exchange Management Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Fema 17, section 17 Fema, section 17 of the Foreign Exchange Management Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 17 of the Foreign Exchange Management Act, and has it changed?
Its own text turns on section 28 (Procedure and powers of Appellate Tribunal and Special Director (Appeals)), Indian Penal Code 193 (Punishment for false evidence), Indian Penal Code 228 (Intentional insult or interruption to public servant sitting in judicial proceeding), so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it. 2 instruments name it without being made under it, most recently the Foreign Exchange (Compounding Proceedings) Rules 2000 (2000), then the Foreign Exchange Management (Encashment of Draft, Cheque, Instrument and payment of interest) Rules, 2000. (2000).
When did Section 17 of the Foreign Exchange Management Act come into force?
Section 17 of the Foreign Exchange Management Act, cited as Fema 17, came into force on 01 Jun 2000, having been enacted on 29 Dec 1999. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1265 words
- 14. Enforcement of the orders of Adjudicating Authority837 words
- 13. Penalties496 words
- 10. Authorised person489 words
- 49. Repeal and saving475 words
- 19. Appeal to Appellate Tribunal465 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 18 Oct 2026. This page is not a substitute for legal advice.