8/12/2019 Fera Suggestions

1/2

Most appropriate provision for taking care of repatriation of black money stashed abroad by Indians

is under FEMA, 1999 (erstwhile FERA, 1973). There might have been excesses in the past in the

execution of this act by over zealous officers in the organisation but the act of repealing of FERA, 73

to FEMA 1999 was one of the blunders of the earlier BJP govt. No doubt excesses are often

committed by police officers but we dont have to scrap IPC/Cr.P.C for this. This has to be taken care

of by inducting necessary checks and balances to avoid misuse of the powers conferred upon the

police officers under theIPC/Cr.P.C. Today FEMA is helpless and crippled Act which even does not

have any effective provisions for realisation of even penalties imposed on defaulters for violation of

its provisions. There is provision for making civil arrests for effecting recovery of penalty in the Act

but ever since this Act came into force, civil arrest has not been resorted to even in a single case, for

the reason of practical difficulties in enforcing it and its ineffectiveness. There is urgent need to make

stringent provisions, at least, to give effect to the quasi judicial adjudication orders passed for

violation of the provisions of FEMA, 1999 and to give effect to orders passed by competent

authorities for repatriations of sums held abroad etc. At least, to that extent it is felt that there is need

to make the provisions of the Act as part of criminal legislation so that the orders of the quasi judicial

authorities can be given effect to and only then repatriation of sums abroad would be possible.

Earlier the Dte of Enforement used to extensively quote the judgement of State of Rajasthan vs. CBI

(?) to take charge of violations of FERA cases for investigation by getting directions of the concerned

courts saying that it was the only competent agency to investigate such cases. It is not clear as to what

prompted the earlier government to allot cases of foreign funds held abroad illegally by Indians for

investigation to income tax department. However there is urgent need to strengthen FEMA, 1999 by

bringing in it element of criminal act, in so far as non-compliance of final orders passed upon

adjudication of complaint cases is concerned, only then the issue of handing black money stashed

abroad can be effectively taken care of.

8/12/2019 Fera Suggestions

2/2

At Dr. RML Hospital bus stop meant for boarding buses going towards Patel Nagar side, there is de-

merging traffic of Y shape, with one limb going towards the round abou t of the hospital and the

other limb of traffic going towards Patel Nagar side. Economically weaker section of the society

usually visit the hospital and use this bus stop for boarding the buses. Unfortunately for crossing this

road where traffic is progressing in Y shape direction, there is no foot over bridge or any other

traffic light to facilitate the pedestrians to cross the road, which is highly accident prone area. People

have to virtually run haphazardly to cross the road quite often putting their life to danger. Moreover,

the traffic is not disciplines and the vehicles plying on the road dont mind taking a right turn even

from the stretch of road supposed to be meant for vehicles going towards left.

Putting an effective traffic light with proper traffic monitoring, especially for pedestrian (just like as

we have in front of UPSC building) will be a great relief. Putting a costly foot over bridge may not be

the right solution in my view since the infirms/ill people may ill-afford to use that bridge.