Wednesday, 12 November 2014

Foreign Exchange Regulation Act, 1947.

The Foreign Exchange Regulation Act, 1947
An act to regulate certain payments, dealings in foreign exchange and securities and the import and export of currency and bullion
Preamble : Whereas it is expedient in the economic and financial interest of Pakistan to provide for the regulation of certain payments, dealings in foreign exchange and securities and the import and export of currency and bullion.
It is hereby enacted as follows:---
1. Short title, extent and commencement: (1) This Act may be called the Foreign Exchange Regulation Act, 1947.
(2) If extends to the whole of Pakistan and applies to all citizens of Pakistan and persons in the service of Government wherever they may be.
(3) It shall come into force on such date as the Federal Government may, by notification in the Official Gazette, appoint in this behalf.
(4) [Omitted by the Foreign Exchange Regulation (Amendment) Act, 1 of 1952, S. 2].
2. Interpretation: In this Act, unless there is anything repugnant in the subject or context:---
(a) “Appellate Board” means a Foreign Exchange Regulation Appellate Board constituted under sub-section (1) of Section 23-C.;
(aa) “authorised dealer” means a person for the time being authorised under Section 3 to deal in foreign exchange;]
(b) “currency” includes all coins, currency notes, bank notes, postal notes, money orders, cheques, drafts, traveler’s cheques, letter of credit, bills of exchange and promissory notes;
(c) “foreign currency” means any currency other than Pakistan currency.
(d) “foreign exchange” means foreign currency and includes any instrument drawn, accepted, made or issued under clause (8) of Section 17 of the State Bank of Pakistan Act, 1956, all deposits, credits and balances payable in any foreign currency, and any drafts, traveler’s cheques, letters of credit and bills of exchange, expressed or drawn in Pakistan currency but payable in the foreign currency;
(e) “foreign security” means any security issued elsewhere than in Pakistan and any security the principal of or interest on which is payable in any foreign currency of elsewhere than in Pakistan;
(f) “gold” includes gold in the form of coin, whether legal tender or not, or in the form of billion or ingot, whether refined or not;
(g) “Pakistan currency” means currency which is expressed or drawn in Pakistan rupees;
(h) “owner” in relation to any security, includes any person who has power to sell or transfer the security, or who has the custody thereof, or who receives, whether on his own behalf or on behalf of any other person, dividends or interest thereon, and who has any interest therein, and in a case where any security is held on any trust or dividends or interest thereon are paid into a trust fund,
also includes any trustee or any person entitled to enforce the performance of the trust or to revoke or vary, with or without the consent of any other person, the trust or any terms thereof, or to control the investment of the trust moneys;
(i) “prescribed” means prescribed by rules made under this Act;
(j) “State Bank” means the State Bank of Pakistan;
(k) “security” means shares, stocks, bonds, debentures, debenture stock and Government securities, as defined in the Securities Act, 1920, deposit receipts in respect of deposits of securities and units or sub-units of unit trusts, but does not include bills of exchange or promissory notes other than Government promissory notes;
(l) “silver” means silver bullions or ingot, silver sheets and plates which have undergone no process of manufacture subsequent to rolling and incurrent silver coin which is not legal tender in Pakistan or elsewhere;
(m) “transfer” includes, in relation to any security, transfer by way of loan or security.
3. Authorised dealers in foreign exchange: (1) The State Bank may, on application made to it in this behalf, authorize any person to deal in foreign exchange.
(2) An authorization under this section:---
(i) may authorize dealings in all foreign currencies or may be restricted to authorizing dealings in specified foreign currencies only;
(ii) may authorize transactions of all descriptions in foreign currencies or may be restricted to authorizing specified transactions only;
(iii) may be granted to be effective for a specified period, or within specified amounts 3[...]
(3) An authorised dealer shall in all his dealings in foreign exchange comply with such general or special directions or instructions as the State Bank may from time to time think fit to given, and, except with the previous permission of the State Bank, an authorised dealer shall not engage in any transaction involving any foreign exchange which is not in conformity with the terms of his authorization under this section.
(4) An authorised dealer shall, before undertaking any transaction in foreign exchange on behalf of any person, require that person to make such declarations and to give such information as will
reasonably satisfy him that the transaction will not involve, and is not designed for the purpose of any contravention or evasion of the provisions of this Act or of any rules, directions or orders made thereunder, and where the said person refuses to comply with any such requirement or makes only unsatisfactory compliance therewith, the authorised dealer shall refuse to undertake the transaction and shall, if he has reason to believe that any such contravention or evasion as aforesaid is contemplated by the person, report the matter to the State Bank.
4[(5) Without prejudice to the provisions of Section 23-B, if an authorised dealer commits contravention of any term of authorisation or uses it for any purpose other than the purpose, or after the expiry of the period, for which it was given or contravenes or attempts to contravene or abets the contravention of the provisions of this Act, or the general or special directions or instructions or permissions issued by the State Bank from time to time under any provisions of, this Act or any rules made thereunder, or engages in transactions not in conformity with the terms of authorisation or fails to comply with any of the provisions of this Act or any rules, directions, instructions, or permissions made, issued or given the thereunder or in the public interest it is necessary so to do or otherwise exist reasons appearing sufficient to the State Bank, the State Bank may after giving a reasonable opportunity of being heard to the authorised dealer, cancel the authorisation:---
Provided that, if, in the opinion of the State Bank, any delay would be prejudicial to the public interest, the State Bank may, at the time of giving opportunity as aforesaid or at any time thereafter and pending the hearing as aforesaid, if any, by order suspend, for a period specified in the order, the authorisation either wholly or to such extent as may be so specified.]
4. Restrictions on dealing in foreign exchange: (1) Except with the previous general or special permission of the State Bank, no person other than an authorised dealer shall in Pakistan, and no person resident in Pakistan other than an authorised dealer shall outside Pakistan, buy or borrow from or sell or lend to, or exchange with any person not being an authorised dealer, any foreign exchange.
(2) Except with the previous general or special permission of the State Bank, no person whether an authorised dealer or otherwise, shall enter into any transaction which provides for the conversion of Pakistan currency into foreign currency or foreign currency into Pakistan currency at rates of exchange other than the rates for the time being authorised by the State Bank.
(3) Where any foreign exchange is acquired by any person other than an authorised dealer for any particular purpose, or where any person has been permitted conditionally to acquire foreign exchange the said person shall not use the foreign exchange so acquired otherwise than for that purpose or, as the case may be, fail to comply with any condition to which the permission granted to him is subject, and where any foreign exchange so acquired cannot be so used or, as the case may be, the conditions cannot be complied with, the said person shall without delay sell the foreign exchange to an authorised dealer.
(4) Nothing in this section shall be deemed to prevent a person from buying from any post office, in accordance with any law or rules made thereunder, for the time being in force, any foreign exchange in the form of postal orders or money orders.
5. Restrictions on payments : (1) Save as may be provided in and in accordance with any general or special exemption from the provisions of this sub-section which may be granted conditionally or unconditionally by (the State Bank) no person in or resident in Pakistan shall:---
(a) make any payment to or for the credit of any person resident outside Pakistan;
(b) draw, issue or negotiate any bill of exchange or promissory note or acknowledge any debt, so that a right whether actual or contingent to receive a payment is created or transferred in favour of any person resident outside Pakistan;
(c) make any payment to or for the credit of any person by order or on behalf of any person resident outside Pakistan;
(d) place any sum to the credit of any person resident outside Pakistan;
(e) make any payment to or for the credit of any person as consideration for or in association with:---
(i) the receipt by any person of a payment or the acquisition by any person of property outside Pakistan;
(ii) the creation or transfer in favour of any person of a right whether actual or contingent to receive a payment or acquire property outside Pakistan.
(f) draw, issue or negotiate any bill of exchange or promissory note, transfer any security or acknowledge any debt so that a right (whether actual or contingent) to receive a payment is
created or transferred in favour of any person as consideration for or in association with any matter referred to in clause (e).
(2) Nothing in sub-section (1) shall render unlawful:---
(a) the making of any payment already authorised, either with foreign exchange obtained from an authorised dealer under Section 4 or with foreign exchange retained by a person in pursuance of an authorisation granted by the State Bank;
(b) the making of any payment with foreign exchange received by way of salary or payment for services not arising from business in, or anything done while in Pakistan.
(3) Nothing in this section shall restrict the doing by any person of anything within the scope of any authorisation or exemption granted under this Act.
(4) For the purposes of this section, “security” also includes coupons or warrants representing dividends or interest and life or endowment insurance policies.
6. Blocked Accounts : (1) Where an exemption from the provisions of Section 5 is granted by the State Bank in respect of payment of any sum to any person resident outside Pakistan and exemption is made subject to the condition that the payment is made to a blocked account:---
(a) the payment shall be made to a blocked account in the name of that person in such manner as the State Bank may by general or special order direct; and
(b) the crediting of that sum to that account shall, to the extent of the sum credited, be a good discharge to the person making the payment.
(2) No sum standing at the credit of a blocked account shall be drawn on except in accordance with any general or special permission which may be granted conditionally or otherwise by the State Bank.
(3) In this section “blocked account” means an account opened as a blocked account at any office or branch in Pakistan of a bank authorised in this behalf by the State Bank, or an account blocked, whether before or after the commencement of this Act, by order of the State Bank.
7. Special accounts : (1) Where in the opinion of the Federal Government it is necessary or expedient to regulate payments due to persons resident in any territory, the Federal Government may, by notification in the Official Gazette, direct that such payments or any class of such payments shall be made only into an account (hereinafter referred to as a special account) to be maintained for the purpose by the State Bank or an authorised dealer specially authorised by the State Bank in this behalf.
(2) The credit of a sum to a special account shall, to the extent of the sum credited, be a good discharge to the person making the payment:---
Provided that where the liability of the person making the payment is to make the payment in foreign currency, the extent of the discharge shall be ascertained by converting the amount paid into that currency at such rate of exchange as it for the time being fixed or authorised by the State Bank.
(3) The sum standing to the credit of any special account shall from time to time be applied:---
(a) Where any agreement entered into between the Federal Government and the Government of the territory to which the aforesaid notification relates for the regulation of payments between persons resident in Pakistan and in that territory, in such manner as the State Bank, having regard to the provisions of such agreement, may direct, or
(b) where no such agreement is entered into for the purpose of paying wholly or partly, and in such order of preference and at such time as the Federal Government may direct, debts due from the persons resident in the said territory to persons resident in Pakistan or in such other territories as the Federal Government may be order specify in this behalf.
8. Restrictions on import and export of certain currency and bullion: (1) The Federal Government may, by notification in the Official Gazette order that subject to such exemptions, if any, as may be continued in the notification, no person shall, except with the general or special permission of the State Bank and on payment of the fees, if any, prescribed bring or send into Pakistan and gold or silver or any currency-notes or Bank notes or coin whether Pakistani or foreign.
Explanation: The bringing or sending into any part of place in the territories of Pakistan of any such articles as aforesaid, intended to be taken out of the territories of Pakistan without being removed from the ship or conveyance in which it is being carried, shall nonetheless be deemed to be bringing or as the case may be sending, into the territories of Pakistan of that article for the purposes of this section.
(2) No person shall, except with the general or special permission of the State Bank or the written permission of a person authorised in this behalf by the State Bank take or send out of Pakistan and gold, jewellery or precious stones, or Pakistan currency notes, Bank notes or foreign exchange.
(3) The restrictions imposed by sub-sections (1) and (2) shall be deemed to have been imposed under Section 16 of the Customs Act, 1969 without prejudice to the provisions of Section 23 of this Act, and all the provisions of that Act shall have effect accordingly.
9. Acquisition by Federal Government of Foreign Exchange : The Federal Government may, by notification in the Official Gazette, order every person in, or resident in, Pakistan,---
(a) who owns or holds such foreign exchange as may be specified in the notification, to offer it, or cause it to be offered for sale to the State Bank on behalf or the Federal Government or to such person, as the State Bank may authorise for the purpose within such time as may be specified in the notification and at such price as the Federal Government may fix being a price which is in the opinion of the Federal Government not less than the market rate of the foreign exchange when it is offered for sale;
(b) who is entitled to assign any right to receive such foreign exchange as may be specified in the notification, to transfer that right to the State Bank on behalf of the Federal Government on payment of such consideration therefor as the Federal Government may fix:---
Provided that the Federal Government may by the said notification or another order exempt any person or class of persons from the operation of such order:---
Provided further that nothing in this section shall apply to any foreign exchange acquired by a person from an authorised dealer and retained by him with the permission of the State Bank for any purpose.
10. Duty of persons entitled to receive foreign exchange, etc : (1) No person who has a right to receive any foreign exchange or to receive from a person resident outside Pakistan a payment in rupees shall, except with the general or special permission of the State Bank, do or refrain from doing any act with intent to secure:---
(a) that the receipt by him of the whole or part of that foreign exchange or payment is delayed, or
(b) that the foreign exchange or payment ceases in whole or in part to be receivable by him.
(2) Where a person has failed to comply with the requirements of sub-section (1) in relation to any foreign exchange or payment in rupees, the State Bank may give to him such directions as appear to be expedient for the purpose of securing the receipt of the foreign exchange or payment, as the case may be.
11. Power to regulate the uses, etc., of imported gold and silver: The Federal Government may, by notification in the Official Gazette, impose such conditions as it thinks necessary or expedient on the use or disposal of or dealings in gold and silver prior to, or at the time of, import into Pakistan.
12. Payment for exported goods : (1) The Federal Government may, by notification in the Official Gazette, prohibit the export of any goods or class of goods specified in the notification from Pakistan directly or indirectly and place so specified unless a declaration supported by such evidence as may be prescribed or so specified is furnished by the exporter to the prescribed authority that the amount representing the full export value of the goods has been, or will within the prescribed period, be paid in the prescribed manner.
(2) Where any export of goods has been made to which a notification under sub-section (1) applies, no person entitled to sell, or procure the sale of the goods shall, except with the permission of the State Bank, do or refrain from doing any act with intent to secure that:---
(a) the sale of the goods is delayed to an extent which is unreasonable having regard to the ordinary course of trade, or
(b) payment for the goods is made otherwise than in the prescribed manner or does not represent the full amount payable by the foreign buyer in respect of the goods, subject to such deductions, if any, as may be allowed by the State Bank, or is delayed to such extent as aforesaid:---
Provided that no proceedings in respect of any contravention of this sub-section shall be instituted unless the prescribed period has expired and payment for the goods representing the full amount as aforesaid has not been made in the prescribed manner.
(3) Where in relation to any such goods the said period has expired and the goods have not been sold and payment therefor has not been made as aforesaid, the State Bank may give to any person entitled to sell the goods or to procure the sale thereof, such directions as appear to it to be expedient for the purpose of securing the sale of the goods and payment therefor as aforesaid, and without prejudice to the generality of the foregoing provision, may direct that the goods shall be assigned to the Federal Government or to a person specified in the directions.
(4) Where any goods are assigned in accordance with sub-section (3), the Federal Government shall pay to the person assigning them such sum in consideration of the net sum recovered by or on behalf of the Federal Government in respect of goods as may be determined by the Federal Government.
(5) Where in relation to any such goods the value as stated in the invoice is less than the amount which in the opinion of the State Bank represents the full export value of those goods, the State Bank may issue an order requiring the person holding the shipping documents to retain possession thereof unit such time as the exporter of the goods has made arrangements for the State Bank or a person authorised by the State Bank to receive on behalf of the exporter payment in the prescribed manner of an amount which represents in the opinion of the State Bank the full export value of the goods.
(6) For the purpose of ensuring compliance with the provisions of this section and any orders or directions made thereunder, the State Bank may require any person making any export of goods to which a notification under sub-section (1) applies to exhibit contracts with his foreign buyer or other evidence to show that the full amount payable by the said buyer in respect of the goods has been, or will within the prescribed period, be paid in the prescribed manner.
13. Regulation of export and transfer of securities: (1) No person shall, except with the general or special permission of the State Bank:---
(a) take or send any security to any place outside Pakistan.
(b) transfer any security or create or transfer any interest in a security to or in favour of a person resident outside Pakistan.
(c) transfer any security from a register in Pakistan to a register outside Pakistan or do any act which is calculated to secure, or forms part of a series of acts which together are calculated to secure, the substitution for any security which is either in, or registered in Pakistan, of any security which is either outside or registered outside Pakistan;
(d) issue, whether in Pakistan or elsewhere, any security which is registered or to be registered in Pakistan, to a person resident outside Pakistan.
(2) Where the holder of a security is a nominee, neither he nor any person through whose agency the exercise of all or any of the holder’s rights in respect of the security is controlled shall, except with the general or special permission of the State Bank, do any act whereby he recognises or gives effect to the substitution of another person as the person from whom he directly receives instructions, unless both the persons previously instructing him and the person substituted for that person were, immediately before substitution, resident in Pakistan.
(3) The State Bank may, for the purpose of securing that the provisions of this section are not evaded, require that the person transferring any security and the person to whom such security is transferred shall subscribe to a declaration that the transferee is not resident outside Pakistan.
(4) Notwithstanding anything contained in any other law, no person shall, except with the permission of the State Bank:---
(a) enter any transfer of securities in any register or book in which securities are registered or inscribed if he has any ground for suspecting that the transfer involves any contravention of the provisions of this section; or
(b) enter in any such register or book, in respect of any security, whether in connection with the issue or transfer of the security or otherwise, an address outside Pakistan except by way of substitution for any such address in the same country or for the purpose of any transaction for which permission has been granted under this section with knowledge that it involves entry of the said address.
(6) For the purpose of this section:---
(a) “holder” in relation to a bearer security means the person having physical custody of the security provided that, where a bearer security is deposited with any person in a locked or sealed receptacle from which the person with whom it is deposited is not entitled to remove it without the authority of some other person that other person shall be deemed to be the holder of the security;
(b) “nominee” means a holder of any security (including bearer security) or any coupon representing dividends or interest who, as respects the exercise of any rights in respect of the security or coupon, is not entitled to exercise those rights except in accordance with instructions given by some other person, and a person holding a security or coupon as a nominee shall be deemed to act as nominee for the person who is entitled to give instructions either directly or through the agency of one or more, persons, as to the exercise by the holder of the security or coupon of any rights in respect thereof and is not, in so doing, himself under a duty to comply with instructions given by some other person;
(c) “security” also includes coupons or warrants representing dividends or interest, and life or endowment insurance policies;
(d) “a person resident outside Pakistan” includes a foreign national for the time being resident in Pakistan 1[and a company registered in Pakistan which is controlled, directly or indirectly, by a person resident outside Pakistan.]
14. Custody of securities : (1) The Federal Government may, by notification in the Official Gazette, order every person by whom or on whose behalf a security or document of title to a security specified in the order is held in Pakistan to cause the said security or document of title to be kept in the custody of an authorised depository named in the order :
Provided that the State Bank may by order in writing permit such security to be withdrawn from the custody of the authorised depository subject to such conditions as may be specified in the order.
(2) No authorised depository may part with any security covered by an order under sub-section (1) without the general or special permission of the State Bank except to or to the order of, another authorised depository.
(3) Except with the general or special permission of the State Bank, no authorised depository shall:---
(a) accept or part with any security covered by an order under sub-section (1) whereby the security is transferred into the name of a person resident outside Pakistan; or
(b) do any act whereby he recognizes or gives effect to the substitution of another person as the person from whom he directly receives instructions relating to such security unless the person previously so instructing him and the person substituted for that person were immediately before the substitution resident in Pakistan.
(4) Except with the general of special permission of the State Bank, no person shall buy, sell or transfer any security, or document of title to a security, covered by an order under sub-section (1) unless such security or document of title has been deposited in accordance with the order.
(5) Except with the general or special permission of the State Bank, no capital moneys, interest or dividends in respect of any security covered by an order under sub-section (1) shall be paid in Pakistan except to or to the order of the authorised depository having the custody of the security.
(6) For the purposes of this section:---
(a) “authorised depository” means a person notified by the Federal Government to be entitled to accept the custody of securities and documents of title to securities; and
(b) “security” shall include coupons.
15. Restrictions on issue of bearer securities: The Federal Government may, by notification in the Official Gazette, order that except with the general or special permission of the State Bank no person shall in Pakistan issue any bearer security or coupon or so alter any document that it becomes a bearer security or coupon.
16. Acquisition by Federal Government of foreign securities : (1) Subject to any exemptions that may be contained in the notification the Federal Government may, if it is of opinion that it is expedient so to do for the purpose of strengthening its foreign exchange position by notification in the Official Gazette:---
(a) order the transfer to itself of any foreign securities specified in the notification at a price so specified, being a price which is, in the opinion of the Federal Government not less than the market value of the securities on the date of the notification, or
(b) direct the owner of any foreign securities specified in the notification to sell or procure the sale of the securities and thereafter to offer or cause to be offered the net foreign exchange proceeds of the sale to the State Bank on behalf of the Federal Government or to such person as the State Bank may authorize for the purpose, at such price as the Federal Government may fix, being a price which is in the opinion of the Federal Government not less than the market rate of the foreign exchange when it is offered for sale.
(2) On the issue of a notification under clause (a) of sub-section (1):---
(a) the securities to which the notification relates shall forthwith vest in the Federal Government free from any mortgage, pledge or charge, and the Federal Government may deal with them in such manner as it thinks fit;
(b) the owner of any of the securities to which the notification relates and any person who in responsible for keeping any register or books is which any of those securities are registered or inscribed, or who is otherwise concerned with the registration or inscription of any of those securities, shall do all such things as are necessary or as the Federal Government or the State Bank may order to be done, for the purpose of securing that,---
(i) the securities and any documents of title relating thereto are delivered to the Federal Government and, in the case of a registered or inscribed securities that the securities are registered or inscribed in the name of the Federal Government or of such nominee of the Federal Government as it may specify, and
(ii) any dividends or interests on those securities becoming payable on or after the date of the issue of the notification are paid to the Federal Government or its nominee as aforesaid and where in the case of any security payable to bearer which is delivered in pursuance of the said notification, any coupons representing any such dividends or interest are not delivered with the security, such reduction in the price payable therefor shall be made as the Federal Government thinks fit:---
Provided that where the price specified in the notification in relation to any security is ex-dividend or ex-interest, this sub-clause shall not apply to that dividend or interest or to any coupon representing it.
(3) A certificate signed by any person authorised in this behalf by the Federal Government that any specified securities are securities transferred to the Federal Government under this section shall be treated by all persons concerned as conclusive evidence that the securities have been so transferred.

17. Restriction on settlement : (1) No person resident in Pakistan shall except with the general or special permission of the State Bank, settle any property, otherwise than by will, upon any trust under which a person who at the time of the settlement is resident outside Pakistan, elsewhere than in territories notified in this behalf by the State Bank, will have an interest in the property, or exercise other than by will, any power for payment in favour of a person who at the time of the exercise of the power is resident outside Pakistan elsewhere than in such notified territories.
(2) A settlement of powers as aforesaid shall not be invalid except in so far as it confers any right or benefit on any person who at the time of the settlement or the exercise of the power is resident outside Pakistan, elsewhere than in territories notified by the State Bank.
18. Certain provisions as to companies: (1) Except with the general or special permission of the State Bank, no person resident in Pakistan shall do any act whereby a Company which is controlled by persons resident in Pakistan ceases to be so controlled.
(2) Except with the general or special permission of the State Bank, no person resident in Pakistan shall lend any money or security to any company, not being a banking company, which is by any means controlled, whether directly or indirectly, by persons resident outside Pakistan elsewhere than in the territories notified in this behalf by the State Bank.
In this sub-section “Company” includes a firm, branch or office of company of firm.
19. Power to call for information: (1) The Federal Government or the State Bank may at any time by notification in the Official Gazette direct owners subject to such exceptions, if any, as may be specified in the notification, of such foreign exchange or foreign securities as may be so specified, to make a return thereof to the State Bank within such period and giving such particulars, as may be so specified.
(1-A) The Federal Government may, by notification in the Official Gazette direct citizens of Pakistan resident in Pakistan, or any class of such citizens, to make within such time, and giving such particulars as may be specified in the notification, a return of any immovable property or any industrial or commercial undertaking or company outside Pakistan, held, owned, established or controlled by them or in which they have any right, title or interest.
(2) The Federal Government may by order in writing require any person to furnish it or any person specified in the order with any information, book or other document in his possession, being information, book or document which the Federal Government considers it necessary or expedient to obtain and examine for the purposes of this Act and may, at any time by notification in the official Gazette, direct that the power to make such order shall for such period as may be specified in the direction be exercised by the State Bank.
(3) On a representation in writing made by a person authorised in this behalf by the Federal Government or the State Bank and supported by a statement on oath of such person that he has reason to believe that a contravention of any of the provisions of this Act has been or is being or is about to be committed in any place or that evidence of the contravention is to be found in such place a District Magistrate, or a Sub-Divisional Magistrate or a Magistrate of the first class, may be warrant, authorise any police officer not below the rank of sub-inspector:---
(a) to enter and search any place in the manner specified in the warrant and
(b) seize any books or other documents found in or on such place.
Explanation: In this sub-section “place” includes a house, building, tent, vehicle, vessel or aircraft.
(3-A) A police officer authorised under sub-section (3) may search any person who is found in or whom he has reasonable grounds to believe to have recently left or to be about to enter such place and to seize any article found in the possession of or upon such person and believed by the police officer so authorised to be evidence of the commission of any offence under this Act.
(3-B) A police officer authorised under sub-sections (3) shall conduct any search under that sub-section or under sub-section (3-A) in accordance with the provisions relating to each in the Code of Criminal Procedure, 1898.
(4) The provisions of Section 122 and sub-sections (1), (2) and (3) of Section 150 of the the Income Tax Ordinance, 1979 (XXXI of 1979) shall apply in relation to information obtained under sub-section (2) of this section as they apply to the particulars referred to in that section, and for the purposes of such application:---
(a) the said sub-section (3) shall be construed as if in clause (a) thereof there was included reference to a prosecution for an offence under Section 23 of this Act, and (b) persons to whom any information is required to be furnished under an order made under sub-section (2) of this section shall be deemed to be public servants within the meaning of that section.
19-A. Power to enter and inspect: (1) Without prejudice to the provisions of Section 19, any person authorised in writing by the Federal Government or the State Bank 2[or any adjudicating officer in this behalf may, for the purpose of making an enquiry or adjudication proceedings] which he considers necessary for the purpose of this Act, enter any place and call for and inspect any account, books, or other document kept in such place.
(2) No person shall obstruct or hinder any person in the exercise of his powers under sub-section (1).

20. Supplement provisions : (1) For the purpose of this Act and of any rules, directions or orders made thereunder:---
(a) until the State Bank by general or special order otherwise directs any person who has at any time after the commencement of this Act been resident in Pakistan shall be treated as still being resident in Pakistan and if such directions is given to in relation to any such person the State Bank may by the same or subsequent direction, declare the territory in which he shall be treated as being resident;
(b) in the case of any person to whom clause (a) does not apply the State Bank may by general or special order declare the territory in which he shall be treated as being resident;
(c) in the case of any person resident in Pakistan who leaves Pakistan, the State Bank may give a direction to any bank that until the direction is revoked any sum from time to time standing to the credit of that person and any security held on his behalf to any office or branch of that Bank in Pakistan specified in the direction, shall not be dealt with except with the permission of the State Bank;
(d) any transaction with a branch of any business, whether carried on by a body corporate or otherwise, shall be treated in all respects as if the branch were a body corporate resident where the branch is situated;
(e) the making of any book entry or other statement recording a debt against a branch of any business in favour of the head office or any other branch of that business shall be treated as the acknowledgment of a debt whereby a right is created in favour of a person resident where the head office or other branch is situated.
(2) Nothing in this Act relating to the payment of any price or sum by the Federal Government shall be construed as requiring the Federal Government to pay that price or sum otherwise than in Pakistan currency or otherwise than in Pakistan.
(3) The State Bank may give directions in regard to the making of payments and the doing of other acts by bankers, authorised dealers (travel agents, carriers whether common or private) stock brokers and other persons who are authorised by the State Bank to do anything in pursuance of this Act in the course of their business, as appear to it to be necessary or expedient for the purpose of securing compliance with the provisions of this Act and any rules, orders or directions made thereunder.
21. Contract in evasion of this Act: (1) No person shall enter into any contract or agreement which would directly or indirectly evade or avoid, in any way the operation of any provision of this Act or of any rule, direction or order made thereunder.
(2) Any provision of, or having effect under this Act that a thing shall not be done without the permission of the Federal Government or the State Bank, shall not render invalid any agreement by any person to do that thing, if it is a term of the agreement that the thing shall not be done unless permission is granted by the Federal Government or the State Bank, as the case may be; and it shall be an implied term of every contract governed by the law of any part of Pakistan that anything agreed to be done by any term of that contract which is prohibited to be done by or under any of the provision of this Act except with the permission of the Federal Government or the State Bank shall not be done unless such permission is granted.
(3) Neither the provisions of this Act nor any term (whether expressed or implied) contained in any contract that anything for which the permission of the Federal Government or the State Bank is required by the said provisions shall not be done without that permission, shall prevent legal proceedings being brought in Pakistan to recover any sum which apart from the said provisions and any such term, would be due, whether as a debt, damages or otherwise, but:---
(a) the said provisions shall apply to sums required to be paid by any judgment or order of any Court as they apply in relation to other sums; and
(b) no steps shall be taken for the purpose of enforcing any judgment or order for the payment of any sum to which the said provisions apply except as respects so much thereof as the Federal Government or the State Bank, as the case may be, may permit to be paid; and
(c) for the purpose of considering whether or not to grant such permission, the Federal Government or the State Bank, as the case may be, may require the person entitled to the benefit of judgment or order and the debtor under the judgment or order, to produce such documents and to give such information as may be specified in the requirement.
(4) Notwithstanding anything in the Negotiable Instruments Act, 1881, neither the provisions of this Act, or of any rule, direction or order made thereunder, nor any condition whether expressed or to be implied having regard to those provisions that any payment shall not be made without permission under this Act, shall be deemed to prevent any instrument being a bill of exchange or promissory note.
22. False statements : No person shall, when complying with any order or direction under Section 19 or when making any application or declaration to any authority or person for any purpose under this Act, give any information or make any statement which he knows or has reasonable cause to believe to be false, or not true, in any material particular.
23. Penalty and procedure : (1) Whoever contravenes, attempts to contravene or abets the contravention of any provisions of this Act or of any rule, direction or order made thereunder, 1[other than the provisions of sub-sections (2), (3) and (5) of Section 3, sub-section (3) of Section 4, Section 10, sub-section (1) of Section 12 and sub-section (3) of Section 20 or any rule, direction or order made thereunder], shall notwithstanding anything contained in the Code of Criminal Procedure, 1898, be tried by the Tribunal constituted by Section 23-A and shall be punishable with imprisonment for a term which may extent to two years or with fine or with both, and any such Tribunal trying and such contravention may, if it thinks fit, and in addition to any sentence which it may impose for such contravention, direct that any currency, security, gold or silver, or goods or other property in respect of which the contravention has taken place shall be confiscated.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, any offence punishable under this section shall be cognizable and non-bailable for such period as the Federal Government may from time to time, by notification in the official Gazette, declare.
(3) A Tribunal shall not take cognizance of any offence punishable under this section and not declared by the Federal Government under the preceding sub-section to be cognizable for the time being, or of an offence punishable under Sections 122 and 150 of the Income Tax Ordinance, 1979 (XXXI of 1979) as applied by Section 19, except upon complaint in writing made by a person authorised by the Federal Government of the State Bank in this behalf :
Provided that where any such offence in the contravention of any of the provisions of this Act or any rule, direction or order made thereunder which prohibits the doing of an act without permission and is not declared by the Federal Government under the preceding sub-section to be cognizable for the time being, no such complaint shall be made unless the person accused of the offence has been given an opportunity of showing that he had such permission.
(3-A) A person authorised under sub-section (3) to make a complaint in writing shall, if he is not already a public servant within the meaning of Section 21 of the Pakistan Penal Code (Act XLV of 1860), be deemed to be a public servant within the meaning of that section.
(4) Where the person guilty of an offence under this Act is a Company or other body corporate, every Director, Manager, Secretary and other officer thereof who is knowingly a party to the offence shall also be guilty of the same offence and liable to the same punishment.
23-A. Tribunal:-its powers, etc: (1) Every Sessions Judge shall, for the areas within the territorial limits of his jurisdiction, be a Tribunal for trial of an offence punishable under Section 23.
(2) A Tribunal may transfer any case for trial to an Additional Sessions Judge within its jurisdiction who shall, for trying a case so transferred be deemed to be a Tribunal constituted for the purpose.
(3) A Tribunal shall have all the powers of a Magistrate of the First Class in relation to criminal trials, and shall follow as nearly as may be the procedure provided in the Code of Criminal Procedure, 1898, for trials before such Magistrate, and shall also have powers, as provided in the said Code in respect of the following matters, namely:---
(a) directing the arrest of the accused;
(b) issuing search warrants;
(c) ordering the police to investigate any offence and report;
(d) authorising detention of a person during police investigation;
(e) ordering the release of the accused on bail.
(3-A) For the purposes of sub-section (3), the Code of Criminal Procedure, 1898 (Act V of 1898), shall have effect as if an offence under this Act were one of the offences referred to in sub-section (1) of Section 337 of the Code.
(4) All proceedings before a Tribunal shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 of the Pakistan Penal Code, and for the purposes of Section 196 thereof, and the provisions relating to the execution of orders and sentences in the Code of Criminal Procedure, 1898, shall so far as may be apply to orders and sentences passed by a Tribunal.
(5) As regards sentences of fine, the powers of a Tribunal shall be as extensive as those of a Court of Session.
(6) The State Bank of Pakistan or any other person aggrieved by a judgment of a Tribunal may, within three months from the date of the judgment, appeal to the High Court.
23-B. Authorisation of Adjudicating Officers and their powers, etc: (1) The Federal Government may, by notification in the official Gazette, authorise in relation to any area specified in the notification any officer of the State Bank to act as the Director of Adjudication, an Additional Director of Adjudication, a Senior Deputy Director of Adjudication, a Deputy Director of Adjudication and an Assistant Director of Adjudication (in this Act referred to as the Adjudicating Officer).
(2) Subject to such conditions and limitations as the Federal Government may impose, an Adjudicating Officer may exercise the powers and discharge the duties conferred or impose on him by this Act and shall also be competent to exercise the powers and discharge the duties conferred upon any adjudicating officer subordinate to him:---
Provided that, notwithstanding anything contained in this Act or the rules made thereunder, the State Bank may, by general or special order, impose such conditions or limitations on the exercise or such powers or discharge of such duties as it thinks fit.
(3) The State Bank may, by notification in the official Gazette, and subject to such limitations or conditions, if any, as may be specified therein, empower:---
(a) any Additional Director of Adjudication or Senior Deputy Director of Adjudication or Deputy Director of Adjudication or Assistant Director of Adjudication to exercise the powers of the Director of Adjudication under this act;
(b) any Senior Deputy Director of Adjudication or Deputy Director of Adjudication or Assistant Director of Adjudication to exercise any of the powers of an Additional Director of Adjudication under this Act;
(c) any Deputy Director of Adjudication or Assistant Director of Adjudication to exercise any of the powers of a Senior Deputy Director of Adjudication under this Act; and
(d) any Assistant Director of Adjudication to exercise the powers of a Deputy Director of Adjudication under this Act.
(4) Save as provided in sub-sections (5) and (6), if any person contravenes or attempts to contravene or abets the contravention of the provisions of sub-sections (2), (3) and (5) of Section 3, sub-section (3) of Section 4 Section 10, sub-section (1) of Section 12 or sub-section (3) of Section 20 or any rule, direction or order made thereunder, he shall be liable to such penalty not exceeding five times the amount or value involved in such contravention or five thousand rupees, whichever is more, as may be adjudged by the Director or Additional Director of Adjudication or any other Adjudicating Officer having jurisdiction under sub-section (8) to take cognizance of such contravention, and, if he persists in such contravention, or where the contravention or default is continuing one, to a further penalty which may extent to two thousand rupees for every day during which the offence or, as the case may be, the contravention or default continues.
(5) If any authorised dealer:---
(a) in any return or other document or declaration or in any information required or furnished by or under, or for the purpose of, any provisions of this Act, wilfully makes statement or permits the making of a statement which is false in any material particular, knowing it to be false or not true, or wilfully omits to make a material statement; or
(b) fails to submit or furnish any return, statement, declaration or other document or information required to be furnished by or under, or for the purpose, any provision of this Act in the form and by the date, prescribed by the State Bank for the time being without sufficient cause; he shall be liable to a penalty not exceeding five thousand rupees, and, where the contravention or default is a continuing one, with a further penalty which may extent to two thousand rupees for every day during which such contravention or default continues.
(6) If any authorised dealer sells foreign exchange to a person not entitled to buy such foreign exchange or sells foreign exchange in an amount exceeding the limit or otherwise than for the purpose, permitted by the State Bank either generally or in a particular case in pursuance of the powers conferred on it under this Act, he shall be liable to a penalty not exceeding five times the amount or value of the foreign exchange so sold, and where the penalty so imposed is not paid within three days from the date of the order of the Adjudicating Officer, he shall, unless the penalty has meanwhile been recovered from him under Section 23-J, be liable to a further penalty not being less than the amount or value of the foreign exchange as aforesaid for every day during which such default continues.
(7) For the purpose of this section, amount or value shall mean:---
(a) in the case of foreign exchange, the Pakistan rupee equivalent of the same calculated at the rate of exchange authorised by the State Bank as on the date on which an opportunity of making a representation is given under sub-section (9) or where no such rate has been authorised, the rate determined by the State Bank on the said date;
(b) in the case of goods, their value in rupees if declared in Pakistan currency or where it is expressed in foreign exchange Pakistan rupee equivalent of the same calculated in accordance with clause (a); and
(c) in case of any right to receive foreign exchange or to receive from any person resident outside Pakistan a payment in rupees or gold or silver or security or other property of any description, the sale proceeds which, taking all circumstances into consideration, such right, gold, silver, security or other property can, in the opinion of the Adjudicating Officer, fetch on the date referred to in clause (a).
(8) For imposing a penalty under sub-sections (4), (5) and (6), the jurisdiction and powers of the Adjudicating Officers shall be as follows:---
(a) the Director of Adjudication and an Additional Director of Adjudication may deal with all cases without any limit on the amount or value involved in any contravention;
(b) a Senior Deputy Director of Adjudication and a Deputy Director of Adjudication may deal with a case where the amount or value involved in any contravention on the date referred to in clause (a) of sub-section (7) does not exceed twenty thousand rupees; and
(c) an Assistant Director of Adjudication may deal with a case where the amount or value involved in any contravention on the date referred to clause (a) of sub-section (7) does not exceed ten thousand rupees:---
Provided that the State Bank may, by notification in the Official Gazette, reduce or extend the jurisdiction and powers of any particular Adjudicating Officer or class of Adjudicating Officers.
(9) For the purpose of determining whether a person has contravened any of the provisions of sub-sections (4), (5) or (6), the Adjudicating Officer shall hold an enquiry in the manner prescribed if any, giving such person a reasonable opportunity for making a representation in the matter and if, on such inquiry, he is satisfied that the person has committed any contravention, he may impose the penalty provided for in this section.
(10) All doubts with regard to the jurisdiction of an Adjudicating Officer shall be referred to the Director of Adjudication and his decision thereon be final.
(11) The Director of Adjudication, on his own motion or on the application of any party to the adjudication proceedings and after notice to the State Bank and other parties, if any, and after hearing such of them as desire to be heard, may at any stage withdraw any adjudication proceedings pending before any Adjudicating Officer and adjudicate it either himself or transfer it to any other Adjudicating Officer subordinate to him and competent to dispose of the same or re-transfer the same for adjudication to the Adjudication Officer from whom it was withdrawn; and the Director of Adjudication or, as the case may be, any other Adjudicating Officer or if the Adjudicating Officer who is seized of the matter as aforesaid vacates office for any reason and another person is authorised to act in his stead such person, shall not, by reason of the said withdrawal or re-transfer or transfer or vacation of office, as the case, may be, bound to recall and re-hear any witness who has given evidence before the withdrawal or transfer or re-transfer or vacation of office any may act on the evidence already recorded by or produced before the Adjudicating Officer from whom the proceedings are so transferred or re-transferred or in whose stead he has been so authorised to act as Adjudicating Officer.
(12) Subject to provisions of appeal under Section 23-C, no Court or other authority shall call, or permit to be called, in question any proceeding or order of the Adjudicating Officer or the legality or propriety of anything done or intended to be done by the Adjudicating Officer under this Act.
23-C. Appeal to Appellate Board: (1) The Federal Government may, by notification in official Gazette, constitute as many appellate boards, each to be called the Foreign Exchange Regulation Appellate Board, as it may consider necessary, and where it establishes more than one Appellate Board, shall specify in the notification the territorial limits within which each one of them shall exercise jurisdiction.
(2) An Appellate Board shall consist of a person who is or has been, or is qualified for appointment as a Judge of a High Court or a District Judge or an Additional District Judge.
(3) Any person aggrieved by an order of the Adjudicating Officer made under sub-section (4) or sub-section (5) or sub-section (6) of Section 23-B may, within thirty days of such order, prefer an appeal to the Appellate Board within whose jurisdiction the order is passed:---
Provided that no appeal shall lie from and interlocutory order which does not dispose of the entire case before the Adjudicating Officer:---
Provided further that the Appellate Board may entertain an appeal after the expiry of the said period of thirty days but not later than sixty days from the date of the aforesaid order if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
Explanation: For the purposes of this sub-section, the expression “any person aggrieved” shall include the Federal Government and the State Bank.
(4) No appeal shall be admitted for hearing unless the appellant deposits in cash with the Appellate Board the amount of penalty or, at the discretion of the Appellate Board, furnishes security equal in value to such amount of penalty.
(5) The Appellate Board may make such inquiry as it may consider necessary, and after giving the appellant an opportunity of being heard if he so desires, pass such order as it thinks fit, confirming, altering or annulling the order appealed against:---
Provided that no order enhancing any penalty shall be passed unless the person affected thereby has been given an opportunity of showing cause against it and of being heard in person or through a Counsel:---
Provided further, that if the sum deposited by way of penalty under sub-section (3) exceeds the amount directed to be paid by the Appellate Board, the excess amount shall be refunded to the appellant.
(6) The decision of the Appellant Board shall be final and no Court, Tribunal or other authority shall call, or permit to be called, in question any proceedings or order of the Appellate Board or the legality or propriety of anything done or intended to be done by the Appellate Board under this Act.
23-D. Assistance to the Adjudicating Officer : All officers of the Federal Government or a Provincial Government including those of the Customs, Federal Investigation Agency, Police, Pakistan International Airlines, Local Authorities, Port Trust, and all Officers engaged in the collection of land revenue or taxes of any description or employed by a corporation owned or controlled by the Federal Government or a Provincial Government, either directly or indirectly, are hereby empowered and required to assist the Adjudicating Officers in the discharge of their functions under this Act.
23-E. Powers of Adjudicating Officer and the Appellate Board to summon witnesses, etc.: (1) Without prejudice, to any other provisions contained in this Act, the Adjudicating Officer and the Appellate Board shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908) while trying a suit, in respect of the following matters, namely:---
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) requisitioning any public record or copy thereof from any Court or office;
(d) receiving evidence on affidavits;
(e) issuing commissions for the examination of witnesses or documents;
(f) appointing guardians or next friends of persons who are minors or of unsound mind;
(g) adding legal representatives of the accused person;
(h) consolidation of cases; and
(i) enforcing any order made by him or it under this Act or the rules made thereunder.
23-F. Proceedings before Adjudicating Officer to be deemed to be judicial proceedings :All proceedings before an Adjudicating Officer or Appellate Board shall be deemed to be judicial proceedings within the meaning of Sections 193 and 228 of the Pakistan Penal Code (Act XLV of 1860), and an Adjudicating Officer and Appellate Board shall be deemed to be a Court for the purposes of Sections 480 and 482 of the Code of Criminal Procedure, 1898 (Act V of 1898).
23-G. Continuance of proceedings in the event of death or insolvency :(1) Notwithstanding
anything contained in any other law for the time being in force, where a penalty has been imposed under Section 23-B on any person and no appeal against the order imposing such penalty has been preferred, or where any such appeal has been preferred and where neither case, such person dies or is adjudicated an insolvent during the pendency of proceedings before the Adjudicating Officer or the Appellate Board or before preferring an appeal, it shall be lawful for the legal representative of such person or the official assignee or the official receiver, as the case may be, to prefer an appeal to the Appellate Board, or as the case may be, to continue the proceedings or appeal before the Adjudicating Officer or the Appellate Board and in either case any such proceedings before the Adjudicating Officer or Appellate Board shall not abate but be continued as if such person were not dead or adjudged as insolvent.
(2) The power of the official assignee or the official receiver under sub-section (1) shall be exercised by him subject to the provisions of the Insolvency (Karachi Division) Act, 1909 (III of 1909), or the Provincial Insolvency Act, 1920 (V of 1920), as the case may be.
23-H. Confiscation of currency, security, etc : Any Adjudicating Officer adjudging and contravention under Section 23-B may, if he thinks fit, and 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 Federal Government and further direct that the foreign exchange, if any, of the person committing the contravention or any part thereof shall be brought into Pakistan or shall be retained outside Pakistan in accordance with the directors made by the State Bank in this behalf.
Explanation : For the purposes of this 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) Pakistan currency, where the said property is converted into that currency; and
(c) any other property which has resulted out of conversion of that property.
23-I. Correction of clerical, etc : Clerical mistakes in any decision or order passed by the Appellate Board or Adjudicating Officer under this Act, or any errors arising therein from any accidental slip or omission may, at any time, be corrected by the Appellate Board or the Adjudicating Officer or his successor-in-office, as the case may be:---
Provided that, where any correction proposed to be made under this section will have the result of prejudicially affecting any person, no such correction shall be made:---
(i) after the expiry of two years from the date of such decision or order; and
(ii)unless the person affected thereby is given a reasonable opportunity of making a representation in the matter.
23-J. Recovery of sums due to Government: (1) Where any penalty imposed on any person under this Act is not paid:---
(i) the Adjudicating Officer may deduct, or direct the deduction of, the amount so payable from any money which is owed to such person and which may be under the custody, power or control of an Adjudicating Officer or any other person; or
(ii) the Adjudicating Officer may recover the amount so payable by detaining or selling, or ordering the detention and sale of, any goods belonging to such person which are under the custody, power or control of any Adjudicating Officer or any other person; or
(iii) in case the penalty is payable by an authorised dealer, the State Bank may, without further reference to him, recover the amount of penalty from him by debiting the account or accounts then held or held, at any time thereafter with the State Bank by the authorised dealer; or
(iv) if the amount cannot be recovered for such person in the manner provided in clause (i) or clause (ii) or clause (iii), the Adjudicating Officer may prepare and sign acertificate specifying the amount due from such person and send it to the Collector of the District in which such person owns any property or resides or carries on business; and the Collector on receipt of such certificate shall proceed to recover from the said person the amount specified in the certificate as if it were an arrear of land revenue.
(2) When any bond or other instrument or security is executed pursuant to Section 230-C, the amount due thereunder may, without prejudice to any other mode of recovery, be recovered in accordance with the provisions of sub-section (1).
(3) The several modes of recovery specified in sub-section (1) shall not affect in any way:---
(i) any other law for the time being in force relating to the recovery of debts due to the Government; or
(ii) the right of the Government to institute a suit for the recovery of the penalty due to the Government; and it shall be lawful for the Government to have recourse to any such law or suit notwithstanding that the amount is being or is to be recovered by any mode specified in the said sub-section.
(4) For the purposes of this section the expression “any other person” appearing in clauses (i) and
(ii) of sub-section (1) shall include the State Bank, a Banking company as defined in clause (c) of Section 5 of the Banking Companies Ordinance, 1962 (LVII of 1962), a bank established by or under any Federal or Provincial Law any any financial institution as defined in clause (15-A) of Section 2 of the Companies Ordinance, 1984 (XLVII of 1984), and such other person as the Federal Government may, by notification in the Official Gazette, specify in this behalf.

24. Burden of proof in certain cases: (1) Where any person is tried for contravening any provision of this Act or of any rule, direction or order made thereunder which prohibits him from doing an act without permission, the burden of proving that he had the requisite permission shall be on him.
(2) If in a case in which the proof of complicity of a person resident in Pakistan with a person outside Pakistan is essential to prove an offence under this Act, then after proof of the circumstances otherwise sufficient to establish the commission of the offence, it shall be presumed that there was such complicity, and the burden of proving that there was such complicity, and the burden of proving that there was no such complicity shall be on the person accused of the offence.
(3) Where the person accused of having made any payment in contravention of clause (c) of sub-section (1) of Sec. 5 is proved to have received from any person outside Pakistan a message which raises a reasonable suspicion that it relates to certain payment to be made, the Tribunal may in the absence of proof to the contrary by the accused person presume that he had made such message in pursuance of such message.
(4) If after the issue of a notification under clause (a) of Section 89 any person is found to be in possession of, or to have under his control any foreign exchange specified in the notification, in circumstances which tend to raise a reasonable suspicion that he has contravened the notification he shall be presumed to have contravened the notification unless he can by proving the time when and the manner in which the foreign exchange came into his possession or under his control, show that he had not in fact contravened the notifications.
25. Power of Federal Government to give directions: For the purposes of this Act the Federal Government may from time to time give to the State Bank such general or special directions as it thinks fit, and the State Bank shall in the exercise of its functions under this Act, comply with any such directions.
26. Bar of legal proceedings: No suit, prosecution or any other proceeding shall lie against the Federal Government or the State Bank or any officer of the Federal Government or of the State Bank or an other person exercising any power or discharging any functions or performing any duties under this Act, for anything in good faith done or intended to be done or purported to be done under this Act or any rule, direction or order made thereunder.
27. Power to make rules: The Federal Government may, by notification in the official Gazette, make rules for carrying into effect the provisions of this Act.
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Foreign Exchange Regulation (Amendment) Act, 1957
PREAMBL
1 Short title and commencement
2 [Repeal]
3 [Repeal]
4 [Repeal]
5 [Repeal]
6 [Repeal]
7 [Repeal]
8 Transfer of cases
9 Indemnity
10 [Repeal]
The Foreign Exchange Regulation (Amendment) Act, 1957
ACT No. XL of 1957
(For Statement of Objects and Reasons, see Gaz. of P., dated the 26th August, 1957, Ex. p. 1829)
[10th September, 1957]
An Act further to amend the Foreign Exchange Regulation Act, 1947
WHEREAS certain amendments were made in the Foreign Exchange Regulation Act, 1947, by the Foreign Exchange Regulation (Amendment) Ordinance, 1955, subsequently repealed and re‑enacted as the Foreign Exchange Regulation (Amendment) Act, 1956 ; VII of 1947, XIX of 1955, XXXII of 1956.
AND WHEREAS the Supreme Court in Criminal Appeals Nos. 11, 12, 13 and 14 of 1956, has held that the Amending Act, which enables the Central Government or the State Bank to divest the ordinary courts of the jurisdiction to try offences under the special law in accordance with the provisions of the Code of Criminal Procedure, 1898, and to effectuate the jurisdiction of the special Tribunals or Adjudication Officers offends against Article 5 of the Constitution, and is, for that reason, void; XXXII of 1956, Act V of 1898.
AND WHEREAS it is expedient further to amend the Foreign Exchange Regulation Act, 1947, in the manner and for the purposes hereinafter appearing ; VII of 1947
1. Short title and commencement-- (1) This Act may be called the Foreign Exchange Regulation (Amendment) Act, 1957.
(2) It shall come into force at once.
2 Rep by the Repealing and Amending Ordinance, 1961(1 of 1961) s. 2 and 1st Sch.
3  Rep. by the Repealing and Amending Ordinance, 1961(1 of 1961), s. 2 and 1st Sch.
4. Rep. by the Repealing and Amending Ordinance, 1961(1 of 1961), s. 2 and 1st Sch.
5. Rep. by the Repealing and Amending Ordinance, 1961(1 of 1961), s. 2 and 1st Sch.
6. Rep. by the Repealing and Amending Ordinance, 1961(1 of 1961), s. 2 and 1st Sch.
7. Rep. by the Repealing and Amending Ordinance, 1961(1 of 1961), s. 2 and 1st Sch.
8. Transfer of cases----‑(1) All the cases triable by a Tribunal under section 23 of the said Act as amended by this Act and pending in any court immediately before the commencement of this Act, shall, on such commencement, stand transferred to the Tribunal having jurisdiction over such cases.
(2) In respect of cases transferred to a Tribunal under sub*section (1), such Tribunal shall not, by reason of such transfer, be bound to recall or rehear any witness who has given evidence in the case before the transfer and may act on the evidence already recorded by or produced before the court which tried the case before the transfer.
9. Indemnity------No suit, prosecution or other legal proceeding shall lie in any court against any Government servant or any other person for or on account or in respect of anything done in good faith, action taken, notification or direction issued, investigation or arrest made, property seized or confiscated, loss or injury suffered, legal proceeding instituted, or penalty or punishment imposed, enforced or continued, in pursuance or in virtue of the provisions of the Foreign Exchange Regulation (Amendment) Act, 1956. XXXII of 1956.
10 [Repeal.] Rep. by the Repealing and Amending Ordinance, 1961(I of 1961), s. 2 and 1st Sch
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