Foreign Exchange Management Act, 1999
13. Penalties
(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.
(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.
Explanation.- For the purposes of this sub-section,
"property" in respect of which contravention has taken place, shall
include ;-
a. deposits in a bank, where the said property
is converted into such deposits;
b. Indian currency, where the said property is
converted into that currency; and
c. any other property which has resulted out
of the conversion of that property.