Skip to content
GK24
Banking & Financial AwarenessMedium

Where the amount involved is quantifiable, the penalty for a contravention under FEMA may extend up to:

  1. A.The sum involved
  2. B.Twice the sum involved
  3. C.Thrice the sum involved
  4. D.Five times the sum involved

Correct answer

C. Thrice the sum involved

Explanation

The correct answer is C, Thrice the sum involved. Section 13 provides that a person contravening the Act is liable to a penalty of up to three times the sum involved where that sum is quantifiable, and up to two lakh rupees where it is not quantifiable, and a continuing contravention attracts a further five thousand rupees for every day it continues. Option A is wrong because a penalty equal to the sum involved is only the floor of what may be imposed, not the ceiling fixed by the section. Option B is wrong because twice the sum appears in some other revenue statutes and not here. Option D is wrong because five times the sum involved is not the FEMA limit; candidates often confuse it with higher multiples found in tax penalty provisions, so the figure to remember for FEMA is three.

Read the full article: FEMA and Foreign Exchange in Banking: Rules and Limits

View all
Q1.Banking & Financial AwarenessMedium

The Foreign Exchange Management Act, 1999 came into force on which date?

  1. A.29 December 1999
  2. B.1 April 2000
  3. C.1 June 2000
  4. D.1 January 2001
Show answer

Correct answer: C. 1 June 2000

Explanation

The correct answer is C, 1 June 2000. FEMA was passed as Act 42 of 1999 and received the assent of the President on 29 December 1999, but it was brought into force only on 1 June 2000, on which date the Foreign Exchange Regulation Act of 1973 stood repealed. Option A is wrong because 29 December 1999 is the date of the President's assent, and a question that asks for commencement is testing exactly this distinction. Option B is wrong because 1 April 2000 is the beginning of a financial year and has no connection with the Act; it is offered because candidates expect a tax-style date. Option D is wrong because by 1 January 2001 the Act had already been in force for seven months. Remember the pair: assent in 1999, commencement in 2000.

Q2.Banking & Financial AwarenessEasy

FEMA replaced which earlier law?

  1. A.Foreign Exchange Regulation Act, 1973
  2. B.Prevention of Money Laundering Act, 2002
  3. C.Banking Regulation Act, 1949
  4. D.Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974
Show answer

Correct answer: A. Foreign Exchange Regulation Act, 1973

Explanation

The correct answer is A, Foreign Exchange Regulation Act, 1973. FERA suited an economy short of foreign exchange: it presumed every transaction forbidden unless allowed, made a contravention a criminal offence punishable with imprisonment, and placed the burden of proof on the accused. FEMA repealed it and made contraventions civil and compoundable. Option B is wrong because the Prevention of Money Laundering Act of 2002 came three years after FEMA and runs alongside it, dealing with the criminal offence of laundering the proceeds of crime. Option C is wrong because the Banking Regulation Act of 1949 governs the business of banking and is still in force. Option D is wrong because the COFEPOSA Act of 1974 provides for preventive detention in smuggling cases and was not replaced by FEMA.

Q3.Banking & Financial AwarenessMedium

Which agency is responsible for the enforcement of FEMA?

  1. A.Reserve Bank of India
  2. B.Directorate of Enforcement
  3. C.Central Bureau of Investigation
  4. D.Securities and Exchange Board of India
Show answer

Correct answer: B. Directorate of Enforcement

Explanation

The correct answer is B, Directorate of Enforcement. The Directorate of Enforcement, which works under the Department of Revenue in the Ministry of Finance, investigates contraventions of FEMA, conducts searches and places cases before the Adjudicating Authority. Option A is wrong because the Reserve Bank administers the Act, frames the regulations on capital account transactions, authorises authorised persons and compounds many contraventions, but it is not the investigating agency, and the paper distinguishes administration from enforcement. Option C is wrong because the Central Bureau of Investigation handles offences under the general criminal law and corruption cases, not foreign exchange contraventions. Option D is wrong because SEBI regulates the securities market and has no role in administering or enforcing this Act. Section 37A, added later, lets the Directorate seize assets of equivalent value inside India where foreign exchange is held abroad in breach of the Act.

Q4.Banking & Financial AwarenessMedium

Under FEMA, a person resident in India is one who has resided in India for more than how many days during the preceding financial year?

  1. A.90 days
  2. B.120 days
  3. C.182 days
  4. D.240 days
Show answer

Correct answer: C. 182 days

Explanation

The correct answer is C, 182 days. FEMA defines a person resident in India by a stay of more than one hundred and eighty-two days in the preceding financial year, with exceptions for a person who has gone abroad for employment, for business or for an uncertain period, and for a person who has come to India on those terms. Residence under the Act therefore depends on days present and not on citizenship. Option A is wrong because ninety days appears in other statutes but not in this definition. Option B is wrong because one hundred and twenty days is a threshold found in the residence rules of the Income-tax Act for certain Indian citizens, which is why it is a tempting distractor. Option D is wrong because two hundred and forty days has no place in the FEMA definition at all.

Q5.Banking & Financial AwarenessMedium

What is the annual limit per resident individual under the Liberalised Remittance Scheme?

  1. A.USD 25,000
  2. B.USD 1,00,000
  3. C.USD 2,50,000
  4. D.USD 10,00,000
Show answer

Correct answer: C. USD 2,50,000

Explanation

The correct answer is C, USD 2,50,000. Under the Liberalised Remittance Scheme every resident individual, including a minor, may freely remit up to two lakh fifty thousand United States dollars in a financial year running from April to March, for any permitted current or capital account transaction or a combination of the two. The scheme is not available to companies, partnership firms, Hindu undivided families or trusts, and the Permanent Account Number must be quoted. Option A is wrong because twenty-five thousand dollars was the limit when the scheme began in 2004 and has been raised several times since. Option B is wrong because one lakh dollars is one of those intermediate limits and is now out of date. Option D is wrong because ten lakh dollars is the annual ceiling for repatriation from an NRO account, a different rule.