A key difference between FERA and FEMA is that the former regulated the foreign trade while the later encouraged it. DIFFERENCES. CHANGES / PROGRESSION FROM FERA TO FEMA – A STEP AHEAD. Similarities. The similarities between FERA and FEMA are as follows. Difference between FERA and FEMA (Foreign Exchange Regulation Act and Foreign Exchange Management Act). Article shared by. FERA (Foreign Exchange.

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The laws has develop to be crucial to its administration of overseas instead of its own regulation.

FEMA an act ferq to facilitate external trade and payments and to promote orderly management of the forex market in the country. New Challenges before the Monetary Authority of India. Withdrawal of Foreign Exchange.

The main purpose with the monthly bill was supposed to unite and amend the action vulnerable to overseas having the principle to how straight-forward the advancement of fma funds and trades in compliance with all the preservation and enhancement of overseas alternative current market in India. This means that any person performing foreign exchange transactions for less than six months is not betwwen to foreign exchange management act. FEMA is much simple, and consist of only 49 sections.

Any offence under FERA, was a criminal offencepunishable with imprisonment as per code of criminal procedure, The intention of FEMA will be always to produce likely peripheral supplies with all the capital along with continuance of foreign alternative current market in India.

Foreign Exchange Regulation Act was formulated and implemented when the country was experiencing challenges in its foreign exchange reserves. It aimed at conserving foreign currency and its optimum utilisation for the development of the economy.

It applies general asset management rules in foreign exchange management and aims at optimizing it rather than maximizing it.

It came into force on June 1, The act was formulated and implemented in Violation of FERA is a non-compoundable offence in the eyes of law. The Foreign Exchange Management Act is an extension of the earlier foreign exchange regulation act. The main purpose of FERA was going to protect and deterrence of mishandling of overseas alternative.


Tuesday 1 Jan It provides power to the Reserve Bank for specifying, inconsultation with the central government, the classes of capital account transactions and limits to which exchange is admissible for such transactions.

Imprisonment is prescribed only when one fails to pay the penalty. There is no need to resubmit your comment. You agree that we have no liability for any damages. The act has a large number of sections 81which portrays how detailed and exhaustive the law is. After you affirm that the Indian legislation, you may possibly have to understand just two phrases have been found proper directly here that may be extremely complicated commonly known whilst both the FERA and FEMA.

FEMA is more human and natural in nature and removed all kinds of restrictions on withdrawal of foreign exchange.

It aimed at conserving foreign exchange and its beyween utilisation in the development of the economy. FERA did not contain any express provision on the right of on impleaded person diffeence take legal assistance. In addition to diffdrence, FEMA aims to promote foreign payments, export of the country and promote foreign capital and investment in the country to promote holistic development of India. The act is so elaborate and exhaustive such that it covers all citizens of India who are living inside or outside India.

The main involving those 2 terminologies is the main aim as FERA has been manufactured in a bid to guard and forestall abuse of overseas alternative. Click below to re-subscribe. Your email address will not be published. FERA consisted of 81 sections, and was more complex.

It was approved by the Parliament in Approach towards forex transactions Rigid Flexible Basis for determining residential status Citizenship More than 6 months stay in India Violation Criminal offence Civil offence Punishment for contravention Imprisonment Fine or imprisonment if fine not paid in the stipulated time.

You have blocked frea notification on recent updates. It extends to the whole of India.


The FERA was passed in at a time when there was acute shortage of foreign berween in the country. Leave a Reply Cancel reply Your email address will not be published. A person has to obtain permission of RBI with regard to transfer of funds related to external operations.

Didference About Income Tax Act. The Scope and Objective of FEMA was mainly to amend the laws related to foreign exchangeto facilitate external trade and payments and to develop the foreign exchange market in India.

What are the differences between FERA and FEMA?

It applies to all branches, offices and agencies outside India owned or controlled by a person, who is a resident of India and also to any contravention there under committed outside India by two people whom this Act applies. FERA is a non-compoundable offense, which means that the complainant cannot enter into a compromise and drop the case against the accused.

The economic policy of liberalisation was first time introduced in India in the year that opened gates for foreign investment in many sectors. This act seeks to make offences related to foreign exchange civil offences.

FERA and FEMA | Foreign Exchange Management Act (FEMA) | Areas of Law | Law Library | AdvocateKhoj

This information is updated till 08 October Violation and Punishment FERA is a non-compoundable offense, which means that the complainant cannot enter into a compromise and drop the case against the accused. Check out this article to know more differences between the two acts. Read this article to know more. This means that FERA was a countermeasure that came into force to liberate the country from foreign exchange challenges.

It aims to manage foreign exchange more efficiently rather than conserving it. On the other hand, contravening the provisions of FERA results to jail term with no requirement of bewteen charges.